The board of inquiry into the death of Jean Paul Sofia criticized the existing self-regulation that exists in the operations of building and construction across the Maltese islands, saying that “self-regulation gives rise to conflicts of interest which end up making the situation worse than it is at present.” It also stated that the State, through its entities, “needs to have the administrative and regulatory measures in place in order to eliminate self-regulation.”

Discussing for a more efficient regulatory framework, the report reads that as of today, the sector needs authorities to have clear ideas of their work, know what their responsibilities are, have enough trained people to perform their duties well, and to not have conflicts of competence nor lacunae (gaps). Therefore, it recommends for a professional study to be commissioned “as soon as possible” to investigate the possibility of merging certain regulatory entities that are involved in the construction sector, with the aim that present authorities stop trying to seem more politically important than each other.

This point was iterated by the Chief Executive of the Building and Construction Authority, Jesmond Muscat, who said that resources could be utilised more efficiently if authorities worked closer together. The Board wrote positively on the amalgamation between BICC and the BCA, calling it “a big step in the right direction to strengthen the synergy between them.” It also described “the urgent need” for these entities to be better incorporated together in order to strengthen their operational efficiency. 

Simultaneously, the Board suggested the reconsideration of the decision to separate Malta Enterprise and INDIS Malta, due to the importance for these two entities to work hand-in-hand. Instead, the report acknowledges a “separation” existing between the two entities, stating that “now they are working more autonomously from each other.” A consideration could also be made, according to these recommendations, to set up a single pool of inspectors to serve all entities, facilitate the prompt exchange of information, and to discard the “silo mentality” that “unfortunately prevails in this sector.”

The public inquiry report stated that there is a need for the entities’ responsibilities within this field to be “determined clearly” without any ambiguity. In this regard, the report noted the importance for entities to be aware of other entities’ responsibilities to make sure that neither overlaps, that neither duplicates work, to avoid the creation of grey areas where there exists a lack of clear ideas about their respective remits, otherwise leaving the risk that these are not regulated effectively.

Hence, the Board called for collaboration between all entities to be firmly strengthened with the argument that boosted synergy should lead to effective decisions, without extra bureaucracy or delays, that are based on “real and clear information.” This collaboration explicitly extended to having common and accessible IT systems that are accessible to all entities with the hopes that public notifications on the commencement of projects are circulated uniformly through one action. It also said that Geographic Information Systems (GIS) can be great assets for planning and enforcement.

The Government should reconsider whether it is appropriate for OHSA officials to be present during magisterial inquiries on workplace injuries and deaths, according to the report. The Board noted to have “serious reservations due to a real risk of a conflict of interest”, considering that OHSA acts as a regulator and enforcer.

MCCAA was also instructed to be “proactive and serve the purposes for which it was established.” It was noted that proper and direct scrutiny from MCCAA should help guarantee compliance with European regulations to protect consumers. Moreover, while MCCAA is precluded from restricting the freedom of movement of bricks, it should make all assurances that are needed so that the product complies with prefixed standards according to European Regulations.

It was found that to test the bricks from Sofia’s site, according to the deposition of Eng. Helga Pizzuto, bricks were checked by consulting their manufacturer, rather than by taking samples from the casualty site. The Board stated that for such a tragic situation, “watch and control should be at their maximum” and that bricks should have been tested directly by taking samples from the site the accident took place.

The Board also stated that should the manufacturer fail to conform with demands, the authority should have the power to stop production.

It was noted that between the five-year period in between January 2018 until July 2023, there were four Magistrates hearing criminal proceedings on breaches of health and safety laws at work. Throughout this period, there were 859 new cases and 758 decisions, leaving 105 cases pending at the end of July 2023. From September 2018 till July 2023, there were 526 appointed cases – 516 were decided and 119 were left pending.

The Board has stated that “it is in the best interest of the administration of justice” that these sensitive criminal cases are all heard by the same Magistrate over a period of at least five years. The advantages behind this recommendation, according to the report, are that the judge will be able to pave the way for a clear, uncodified, sentencing policy on these cases, leading to improved transparency for all involved parties.