MIDI pls has issued a press release stating that the legal position at the basis of this issue is predicated on the confusion of two separate issues. Midi has absolutely no issue whatsoever with the public having access to the foreshore. This is a matter of public policy, and members of the public have regularly landed on the foreshore to swim or fish throughout Midi’s tenure of the island. The core issue is whether, given the inaccessibility of the foreshore from Gzira, the public has the right of passage over private property held by Midi for the last 16 years.

Midi has always been advised that it is totally within its rights to prevent such access. The matter has now been taken up by the Attorney General, who has just sent a judicial protest to this effect. Midi contends that this is being based on a clause relating to the post-construction and not the earlier phase. A counter-protest will be filed on Mon 26 Sep. An article was also carried in a section of the press stating that such right of access emanates from the Outline Development Permit issued by the Planning Authority. However, the grant in question is governed by the deed of emphteusis, and no permit can automatically give legal rights to access over private land.

The problem arises in that there is no direct land access to the 5 metre foreshore shown marked in green, for reasons of geography. Indeed the accesses are blocked on one side by the Manoel Island Yacht Yard (marked in yellow), which does not belong to Midi, and on the other by the Lazzaretto (marked in brown), which is still unsafe and in any case part of it has no foreshore. Hence the issue which has now been raised is not whether Midi has denied public access to the foreshore but whether the public has the right to access the foreshore over private property belonging to Midi.

Midi is currently in negotiations with Government, as grantor, to unilaterally allow pedestrian access over its private by members of the public during daytime, provided Midi is aware of who is entering and exiting. It will also be erecting fences around the entire island (once it receives Planning Authority permits) to prevent trespassing over its private property to heritage sites, and other areas which are not yet safe for unrestricted private access. Of course, once the development has been completed, Midi plans to have a park plus various areas of public accessibility, much as now exists at Tigne Point, where the public piazza and underground road were constructed by Midi, as part of its obligations under the deed.

5   The decision to develop Manoel Island was not Midi’s. In 1992 the Government of Malta, through the then Malta Development Corporation, issued a call for expressions of interest, for the development of Tigné Point and Manoel Island. Midi was selected as the preferred bidder, and after long negotiations with both Nationalist and Labour-led governments, the deed of emphyteusis  was finally passed by Parliament with the unanimous approval by BOTH sides of the House in 2000. Midi now has the obligation to develop the island, in line with the provisions of this deed, by 2023.

6    Midi acquired a large part of Manoel Island under the title of emphyteusis. The boundaries are outlined in red in the attached plan. It immediately opened the area shaded in blue, to the public. This area has never been maintained or cleaned by Gzira Local Council, as was its right since the Local Councils Act specifically excludes Manoel Island from the jurisdiction of any local council. 

7.  The Gzira Local Council, as already stated, in line with the Local Council Act has no competence over Manoel Island, and hence all discussions must be undertaken with Government. Despite the forced and unlawful entry as well as populist and misleading statements issued by the Gzira Local Council, when the Mayor contacted Midi’s CEO requesting a meeting, this was immediately acceded to. Midi has heard what they have to say and will seek to cooperate with them, as good neighbours.  Midi reiterates its position that the continuous protests, clean ups, and other activities organised by Kamp Emergenza Ambjent supported by the Gzira Local Council with declarations that they are ready to resort to forced entry if access is not granted are not conducive to reaching a solution and only serve to incite violent conduct and vandalism.
Finally, there have also been incorrect statements made in the media that Midi has amounts outstanding with Government. Midi categorically states that it has always paid its dues to Government (and all other creditors for that matter) and there are no amounts currently outstanding to Government.