Contractors' regulation had been blocked by Cabinet before 2022 election, Azzopardi tells inquiry

A cabinet memo proposing a public consultation on new regulations for the construction sector was shot down two months before the last elections to avoid a conflict with building contractors, the public inquiry into Jean Paul Sofia’s death has heard.

This statement, along with the draft bill itself was presented to the public inquiry by lawyer Jason Azzopardi, after asking to testify.

Azzopardi stated that a senior government official had spoken to him after the death of Jean Paul Sofia, stating that the regulations that government had promised to propose regarding the regulating of contractors, had already been drafted and had been blocked by Cabinet.

The lawyer testified that a senior government official had spoken to him after the death of Jean Paul Sofia, stating that the regulations that government had promised to propose regarding the regulating of contractors, had already been drafted and had been blocked by Cabinet.

Azzopardi presented a draft bill signed by minister Aaron Farrugia and Parliamentary Secretary Chris Agius. The bill, according to Azzopardi was tabled to Cabinet in 2021 and aimed to regulate and license contractors, as well as establish the skill level requirements of construction workers. 

The bill was meant to be passed on to public consultation. Azzopardi explained that during a Cabinet meeting, a decision was taken to “consult with stakeholders,” before taking any other step.

Azzopardi’s source stated that the draft bill went no further as the bill would infuriate the contractors’ lobby two months prior to the general election in 2022. Jason Azzopardi further explained how his source told him that if the regulations had gone through, Jean Paul Sofia's death could have been avoided.

The regulations providing for the licensing of building contractors came into force last July, seven months after the death of Jean-Paul Sofia.

“A flaw in the system”

Planning minister Stefan Zrinzo Azzopardi was also present during today’s hearing, as the public inquiry board questioned him about the operations of the Building and Construction Authority, the Occupational Health and Safety Authority, and the Planning Authority

Earlier on during Zrinzo Azzopardi’s testimony, he was asked to respond to statements made under oath in a previous sitting. The minister assumed that the court was referring to comments made by ex-BCA chairman, Karl Azzopardi, who had said that he resigned due to disagreements with Zrinzo Azzopardi regarding the future of the authority.

The minister avoided answering directly, stating that, “Azzopardi was ready to move on.”

Zrinzo Azzopardi was grilled on the competence of the three entities’ information systems and their efficiency. He was further asked by panel member Charles Deguara about the entities’ inspectors and their training.

The minister stated that in the case of OHSA, the inspectors are trained on issues such as safely fasted scaffolding and railings. Zrinzo Azzopardi said that the authority has no competence in regulating whether construction sites are in line with their construction drawings, a task that falls under the remit of the BCA.

Zrinzo Azzopardi added that it is the architect’s job to see if work is done according to plan.

“So there is a flaw in the system,” stated Zammit McKeon. He noted that stakeholders have already expressed their concerns that in certain cases, self-regulation could be the only way to stop failings.

Zrinzo Azzopardi admitted that he is “open to proposals” in order to amend the current shortcomings in the system, stating that he has requested an analysis of the existing gaps from the law faculty. The minister added that the ongoing attempts to regulate and license contractors would lead to having a qualified person on construction sites.

Identità CEO testifies 

Colonel Mark Mallia, CEO of Identità, formerly known as Identity Malta also testified in today’s session. Mallia was asked to detail the entity’s role when an employer wishes to employ third-country nationals, as the board further inquired into the employer’s role in this process.

Zammit McKeon asked Mallia whether or not the agency he heads inquires on the competence of the prospective employees, to which Mallia responded that JobsPlus vets the employees. He further stated that prior to 2019, prospective employees were expected to have a degree of experience in the industry for which they were applying to work.

In 2019, Mallia explained, a decision was taken to introduce a “declaration of suitability,” which the employer must fill out to indicate why the prospective employee is suitable to be given permission to work in Malta.

Inquiry panel member Mario Cassar questioned Mallia regarding the third-country nationals that were employed and present on the site of Jean Paul Sofia’s death, to which Mallia noted that he does not have information on the individuals.