Co-regulation, not self-regulation, has failed

Unfortunately, a number of points raised in the editorial ‘Protection from professionals’ (July 26) seem to be based on a misinterpretation of the press release issued by the Kamra tal-Periti and an incomplete understanding of the law.

Photo: Shutterstock.comPhoto: Shutterstock.com
 

Firstly, the parallels drawn between the accounting profession and the periti profession are incorrect. Unlike the Accountancy Board, the council of the Kamra tal-Periti is directly elected by members of the profession with no political interference or involvement whatsoever. Nevertheless, even our profession is not purely self-regulated, given that the code of conduct is published by legal notice and, thus, requires political fiat.

While in the recently enacted Periti Act, the Kamra is explicitly entrusted with the role of regulating the profession, in the current law, which is soon to be phased out, its role is primarily that of a disciplinary body with limited powers to regulate.

The Kamra spent 14 years campaigning for an updated law and our lengthy struggle was, finally, concluded on March 24. There were inevitable compromises we had to reach along the way, including giving up the direct  appointment of members on the Periti Professional Conduct Board, which the Kamra insisted on creating, and reluctantly accepting a weaker and, in our view, ineffective method for appointing its members, namely by drawing lots. The alternative was accepting that the minister appoints the members of this board, which would have led to Malta being the only country in Europe in which a politician has such authority.

The editorial states that the Kamra “does not have enough power”. This is correct. However, when the new Periti Act is brought into force, this legislative shortcoming should be rectified.

Nevertheless, since the beginning of the year, the council has held 114 conduct sessions, despite all its work being done without any funding and entirely dependent on voluntary work.

It is also pertinent to draw readers’ attention that August 2 will mark the second anniversary since the Letter of Commitment, signed by a government minister, was entered into with the Kamra. It is a letter in which the government committed itself to implement reforms within a specified time frame, many of which have hitherto failed to materialise.

The editorial also states that “[a] thorough reform is needed to ensure that professional bodies and the state are held accountable for their failure to protect ordinary people from such negligence”. We could not agree more.

The new Periti Act was one such reform. The implementation of the Kamra’s building and construction regulation framework will, hopefully, be another. However, government entities can and should do more by reporting deficient documentation to the Kamra  rather than issuing permits and clearances and then clutching at straws while answering lawyers’ questions in the Criminal Court after innocent victims lose their lives or their homes.

To date, the various iterations of the current Building and Construction Authority, including the former Building Regulation Office and Building and Construction Agency, are yet to file a single complaint against a perit to the Kamra.

It is pertinent to also point out that it is the BCA’s legal remit and obligation to review documentation prior to issuing clearances. The Kamra is not in a position to also fulfil the BCA’s role.

It is the current model of co-regulation, not self-regulation, that has failed.

Andre Pizzuto, president,  Kamra tal-Periti - Gżira

Letters to the editor should be sent to editor@timesofmalta.com. Please include your full name, address and ID card number. The editor may disclose personal information to any person or entity seeking legal action on the basis of a published letter. 

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.