The Malta Independent on Sunday editorial (20/08/23) wonders what action, if any, shall be taken by the government once the Jean Paul Sofia public inquiry is concluded. It mentions a couple of public inquiries and alleges that no action was taken in their aftermath. I strongly beg to differ. However, the TMIS editorial fails to mention the aftermath of an inquiry, led by Judge Lawrence Quintano, following the tragic death of Miriam Pace, when her house collapsed due to works being carried out next door to her property. Government took robust action following that report leading to radical changes within the construction industry.
For starters, the Building and Construction Authority was set up – as recommended by the Quintano report. The BCA and OHSA continued to strengthen their presence with increased surveillance and enforcement action while, after signing an MOU, they jointly started doing on-site inspections. A similar MOU on collaboration with the Police Force was also signed and this started to bear fruit. Moreover, one of the first laws passed in the new legislature was that which amended the Civil Code allowing OHSA inspectors to assist Magistrates when investigating serious workplace incidents.
It is this administration’s commitment to provide further resources to both the BCA and the OHSA to strengthen their operations. New legislation has also been introduced vesting the BCA with enforcement powers previously assigned to the Planning Authority. A public consultation process, discussing a white paper aimed at reforming the legislative framework of the OHSA, has now been concluded and a draft bill will be presented to Parliament before the end of the current year. We strongly believe also in training for this sector and a new course for Health and Safety Inspectors is being introduced at MCAST.
For the first time in Malta a new licensing regime for contractors involved in demolition, excavation, and construction is now in force. This is by far one of the biggest, most radical reforms within the construction industry. The regulations establish a schedule of criteria which those applying for a licence need to reach, while penalties for contractors working without such a licence include prison sentences up to six months and administrative penalties that can go up to €50,000 with fines reaching €5,000 per day. For the first time in Maltese history, contractors who default the law can have their licence suspended or even cancelled.
Last month, a public consultation on the licensing of masons was launched. The current laws on masons were enacted many years ago and have rarely been upated. The government, through planning minister Stefan Zrinzo Azzopardi, took the bull by its horns and is implementing change in this respect too, since a more legally structured licence is needed.
Government is also expected to reform the Building Industry Consultative Council (BICC) changing it to a Consultative Council within the Building and Construction Authority. The authority will be strengthened by a better administrative set-up enabling to define its role in monitoring the building industry. It shall also advise policy makers on ways to enhance the building sector as a strong social and economic contributor in order to improve sustainable development.
A new Periti Act was unanimously approved by parliament in 2021, but its enactment happened just 8 months ago. This has replaced the old version of the law with far-reaching effects on the profession by, amongst other provisions, giving a central role to the Chamber of Architects The new Act ensures better standards and accountability from the professional (Periti) warrant holders.
The above reforms, and more to follow, are certainly contributing towards defining responsibilities and raising standards within the previously, largely unregulated, construction industry. From contractors, to masons, to project supervisors and Periti, the new legislation and reform being introduced ensure that all these key players act diligently, professionally and with utmost responsibility. Those who don’t shall now face the wrath of justice – which has become undeniably stricter and harsher.
One death is a tragedy, but the fact that workplace fatalities have decreased significantly shows that reforms, more enforcements and stricter penalties are leaving an impact. Or is it that better awareness is leaving a positive impact in this regard? Of course, there still remains room for improvement in this sector.
Various reforms of those being introduced were suggested in the Judge Quintano report – and in a three-year time span were implemented by the Labour government. Other reforms are in the pipeline. When Prime Minister Robert Abela appointed the Jean Paul Sofia public inquiry, it was made clear, in the terms of the inquiry, that within a year from its conclusion, Parliament shall discuss progress made following recommendations made by the inquiry.
The Quintano report has led to several radical reforms. Nothing shall stop the government from implementing further reforms should the recommendations made by the Sofia inquiry necessitate them.
Katya De Giovanni is a Labour MP