Issue link: https://maltatoday.uberflip.com/i/1418273
maltatoday | SUNDAY • 10 OCTOBER 2021 18 COMMERCIAL PROFESSIONALS who apply for a warrant must show that they have obtained the required ac- ademic qualifications. This was held in a decision delivered by the Administrative Review Tri- bunal on 4 October 2021 in Lou- is Borg -v- Il-Bord tal-Professjoni tal-Inġinerija. The Tribunal was presided by Magistrate Dr Char- main Galea. Borg filed an appeal application following a decision by the Board tal-Inġiniera which rejected that he be awarded a warrant to prac- tice as an engineer. In May 2019 the Board confirmed a previous decision not to allow the war- rant after it asked whether Borg had presented all the academ- ic qualifications. Borg argued that the Inġiniera Act stipulates that warrants should be given to those who obtain an engineering degree from the University of Malta or else an equivalent de- gree from an international insti- tution. Academic qualifications are essential to assure profes- sional competencies. Professionals who apply for a warrant must show that they have obtained the required aca- demic qualifications. This was held in a decision delivered by the Administrative Review Tri- bunal on 4 October 2021 in Lou- is Borg -v- Il-Bord tal-Professjo- ni tal-Inġinerija. The Tribunal was presided by Magistrate Dr Charmaine Galea. Borg filed an appeal applica- tion following a decision by the Board tal-Inġiniera which reject- ed that he be awarded a warrant to practice as an engineer. In May 2019 the Board confirmed a previous decision not to allow the warrant after it asked wheth- er Borg had presented all the academic qualifications. Borg argued that the Inġiniera Act stipulates that warrants should be given to those who obtain an engineering degree from the University of Malta or else an equivalent degree from an in- ternational institution. Article 3(2) of the Inġiniera Act requires an academic qualification and traineeship for a year and then two. Borg contended that the Board was mistaken to refuse his application was a warrant. The Board ignored the fact he was in possession of a M.Sc in Sustain- able Energy obtained from the University of Malta. However, the University of Malta is not the only institution one can ob- tain a first degree. He listed the academic qualifications which are accepted by the University of Malta to be able to do his Mas- ters. The Board tal-Inġiniera re- plied by saying it was not correct defendant in this case because it has a quasi-judicial function. The Board explained that for a person to exercise the profession of an engineer an academic qual- ification is not sufficient. That person must have a warrant and therefore be able to use 'Ing' be- fore the name. Furthermore, the Board pointed out that the crite- ria for the University of Malta to accept a student to do a Masters is different for one may be given a warrant. The Ministry of Transport was called into suit and held that the Inġiniera Board was correct in its decision. The Tribunal exam- ined the first plea with regard to whether the Board is the correct defendant. Article 7 of the In- ġiniera Act lists the functions of the Board which includes exam- ining application for a warrant and that its decisions may be ap- pealed. The Board has the power to grant a warrant to those who apply and are qualified engi- neers. The Minister then issues the warrant on the Board's rec- ommendations. This means that the Minister does not have any discretion and it is the Board which has the exclusive decid- ing authority on who is the ex- ercise the profession of an engi- neer. The Tribunal held that the Board has quasi-judicial powers. It is a regulatory body and not a judicial body. Therefore, the ap- plicant, Borg was correct to take the action against the Board. The Tribunal then moved on to analyse the evidence produced. The head of the department of mechanical engineering at the University of Malta, held that a Chartered Engineer is not equiv- alent to a warranted engineer. The faculty only offers units in the Masters of Science in Sus- tainable Energy and the course falls under the Institute of Sus- tainable Energy. The Appellant, Borg, testified and explained his academic achieves in Malta and abroad and that he is a Chartered En- gineer in the UK. On the other hand a member of the Board testified that the Board does not deem a Chartered Engineer as an academic qualification, since it is not obtained on he basis of an academic degree. The Tribunal pointed out that the reasons for the Board's re- jection of Borg's application was that his academic qualifica- tion do not equate that that of the University of Malta. This is what is required in Article 2 of the Inġiniera Act. The Tribunal analysed Borg's academic quali- fication and compared with the Guidelines issued in October 2018. If the law wanted that a person undergoes an engineer- ing course at the University of Malta, then an equivalent would of the course would be required. The Board has to be satisfied that if the person concerned did not study at the University of Malta, then he must has studied an equivalent course. Unfortu- nately, could not show this. The Tribunal agreed with the Board that the qualifications of a Chartered Engineer are not equivalent to academic qualifi- cations. The Engineering profession has many responsibilities which include health and safety and therefore a person carrying a warrant must have the necessary academic formation. The Tribunal then moved to dismiss the appeal. Academic qualifications are essential to assure professional competencies LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates MCAST celebrates the new academic year THE Malta College for Arts, Science and Technology (MCAST) organised its open- ing ceremony for the new ac- ademic year 2021-2022, wel- coming staff and students back on campus. After one year and a half of online lectures, the College opened its doors to a student population of over 7,000 full-time students. This year the College received around 3,322 new applications from prospective students, a 20% increase compared to last year. The number of interna- tional students applying for MCAST courses also increased by over 15%, and students from 90 countries have joined cours- es offered by the six institutes and Gozo campus. Over 560 students used the MCAST ca- reer guidance services during the summer months when de- ciding on their career path. This was announced by the Principal and CEO, Professor Joachim James Calleja, in the live-streamed ceremony. In his message to students, he said: "Over 20 years since MCAST first opened its doors, around 40,000 students have benefited from the opportunities offered here. As we move forward, we will keep focusing on prepar- ing students for the world of employment and continue to grow our network of industry partners. We don't want to lose any students, and no one should be excluded. We want to make sure that everyone has the chance to reach their full potential. Ours is truly a com- munity College for all." Minister for Education Justyne Caruana said: "I am de- lighted to see student activity on campus as we have worked for months to ensure students' safe return. The College is a key partner for implementing the newly launched employ- ment policy as it sets out to give learners the relevant skills and an entrepreneurial approach. Here students have the chance to progress to different levels of qualifications. I encourage and will continue to support the College's student-centred approach ensuring that no one is left behind." Student Council President Bradley Debono appealed to students to make use of the services offered by the College. " We are finally back at the Col- lege together to enjoy campus life which we missed so much over the past year. I invite you to participate fully in campus activities, join student organ- isations, and have your voices heard. Above all, I urge you to make use of the wellbeing ser- vices and to reach out for help when needed." The President of the Board of Governors, Professor Ian Refalo, spoke of the importance of vocational and professional education in preparing tomorrow's skilled workforce. The ceremony closed with an interreligious prayer by repre- sentatives of different faiths.