A register of contractors launched in July 2019 is no longer available online, as much-vaunted reforms to the construction sector continue to progress at a slow pace.
The register was meant to provide more information about the details of contractors and lead to a licensing regime by the end of 2019, following a number of building collapses triggered by adjacent construction works.
The licensing regime has not yet been put in place pending legislative reforms. Infrastructure Minister Ian Borg, who used to be responsible for the sector, had described the register as an “important first step” towards reforming the sector.
“If you do not have a licence, you cannot operate in the industry. This should happen by the end of the year,” Borg said back in 2019.
The Malta Developers’ Association, a lobby group with no regulatory authority, had muscled in on the registry process, insisting it should be the one to draw up the list of approved contractors rather than the Building Regulation Office (BRO).
As the deadline for licensing slipped, tragedy would ensue as Miriam Pace was killed when her home collapsed last March.
The collapse is suspected to have been triggered by adjacent construction works, leading police to charge a number of individuals in connection with her death.
A policy paper launched by the Chamber of Architects and Civil Engineers highlighted the scale of the problem last year, brought on by a tangle of legislation that failed to clearly delineate legal responsibilities in the industry and a BRO severely underfunded by the government.
The policy paper highlighted how the BRO’s annual budget in 2018 was a mere €150,000, as much as the funding given to the public relations campaign for European Mobility Week and less than the funds allocated for the Tal-Linja card.
Analysis of the bill shows it is a framework legislation that would need further legal tools to give it teeth
The Office of the Ombudsman had ruled that the BRO broke the law when it made the MDA responsible for compiling the register of contractors.
An MDA official said the registry had been forwarded to the BRO’s successor, the Building and Construction Agency (BCA).
But a spokeswoman for BCA said the agency never had a register of contractors.
The BCA is being transformed into an authority with the necessary powers to adequately regulate the construction sector, including licensing of contractors, yet the deadlines for implementing these reforms remain murky.
“The process for the BCA to become an authority is due to be discussed in parliament within the coming days,” the agency’s spokeswoman added.
One source with knowledge of the drafting of the reforms said the government appeared to have slowed down the reform so as not to provide any further shocks to the construction industry during the pandemic.
The source said the reforms take on board recommendations made by a panel of experts appointed in the wake of Pace’s death that would tighten up enforcement in the construction industry.
Prime Minister Robert Abela has drawn criticism for refusing to publish the report. The government has also shunned calls by Pace’s family for a public inquiry into the circumstances surrounding her death.
The proposed reforms package was presented to the Prime Minister’s office towards the end of last summer. Pace’s husband Carmel has frequently expressed his frustration about the slow pace of reform. Reform deadlines unclear.
Environment Minister Aaron Farrugia, who was handed responsibility for the sector during a November reshuffle, denied any go-slow on the reforms in response to questions by Times of Malta.
“The ministry certainly cannot trade off the need for safety in construction with any pecuniary consideration in favour of third parties.
“Government is working hard on the changes to the relevant legislative framework, including the bill and the National Building Code, ensuring safety remains a top priority. The sector is a very complex one and the government is being supported by a team of experts and continually liaising with stakeholders,” a spokesperson for the minister said.
Analysis of the bill shows it is a framework legislation that would need further legal tools to give it teeth. The government has been criticised for using this tactic to give the impression of action while then moving slowly to pass the necessary secondary legislation to give the new entity any legal tools to act.
For example, the Asset Recovery Bureau, set up on paper in 2015, was only given the necessary legislative tools for it to function in 2017.
Farrugia’s spokesperson said the second reading of the bill is going to start soon.
“In the meantime, the Building and Construction Agency, which is soon to become the Building and Construction Authority when the bill is enacted, is being beefed up, especially in the enforcement arm, and is taking action where and when necessary,” the spokesperson said.
The first reading of the bill was presented by Minister Borg in November.
A spokesman for Borg said the minister is no longer responsible for the sector when questioned by Times of Malta about the delays behind introducing the reforms.