In its editorial, ‘Reactions to licensing regime’ (Thursday, 27th July 2023), The Malta Independent reacts to the government’s licensing of building contractors and refers to statements issued by the  Malta Developers Association and the Chamber of Architects amongst others. It says that there is room for improvement. There always is, but one thing is certain: the situation would have remained a free-for-all had the government decided to stay put, as did previous administrations for the last decades. Instead, the government, through the Ministry for Planning, took the proverbial bull by its horns and put in place a system which had been a long time coming. And a raging bull it was, since for years on end the sector was totally, and shamefully, left unregulated.

Stringent rules and regulations have been put in place to ascertain that all contractors are licensed and that they must now pull up their socks if they are to continue with their operations. No stone has been left unturned by the regulator. Government has come down on the industry, or rather on those who for years felt that they could do whatever they liked – putting life and limb in grave jeopardy, like a tonne of bricks. Rather than opting for piecemeal preventions – as was the practice for years, the Ministry for Planning, led by Minister Stefan Zrinzo Azzopardi, following a wide consultation process with all involved, launched the most comprehensive reform in the construction industry. It was a bold, no-nonsense approach.

All those who want to work in construction demolition and excavation must now identify themselves with the Building and Construction Authority and only those with a licence shall be able to carry out work in the field. Building contractors, new and old, shall also be required to have insurance, as per new licensing criteria. Anyone who holds such a licence must ensure that every job is covered by a current insurance policy that will compensate for any damage or loss that anyone may suffer because of any act or omission on the part of the contractor or employees during performance of works. 

The Malta Developers Association called this bold step ‘weak and ineffective’. It is anything but. In reaction, speaking to the media, Adrian Galea, Director General of The Insurance Association of Malta stated that, “It is not the function of the insurance sector and/or an insurance company, but it is the regulator’s responsibility to determine whether the contractor has satisfied the criteria for a licence to be issued’. Perit Andre Pizzuto, President of the Chamber of Architects, stated that, "The fact that different projects carry different risks is not the point. Insurers in such cases are insuring the contractor, not the project."

Speaking to another media outlet, Planning Minister Stefan Zrinzo Azzopardi stated that the government is “open to considering other policies that can be included in the law."

Solutions will be found, and whilst insurance matters are of crucial importance, one should not miss the wood for the trees. Insurances do not avoid accidents; they provide a financial cover for an accident that would have occurred. The licensing reform goes beyond that – its aim is that of avoiding accidents from happening in the first place and for risks to be mitigated.

The crux of this much needed reform is that of instilling responsibility by operators within the construction industry. Responsibility which was lacking for decades and about which, unfortunately, few were those who raised a finger about if for years on end. Status quo was often the solution until the government rocked the boat and put in place a much-needed reform. For all operators, and stakeholders – including Periti of course, must always be responsible, and they should ensure that accidents and risks are mitigated. As is often the case it's always the few rotten apples that upset the applecart – but upset it they did, and for years on end they were allowed to get away with it. Lives and limbs were lost. Finger pointing and piecemeal legislation achieved nothing – but anger by the public, and grief by those who lost their loved ones due to the negligence of others.

With the licensing regime in place, all those involved namely contractors, developers, periti and their representatives, must understand what they are responsible for and should ensure that they carry out their tasks diligently. It is a cultural and a psychological change that we are after. Government has raised the bar. They must all step up.

Dr Katya De Giovanni is a Warranted Organisational Psychologist, an academic and a Member of Parliament.