Issue link: https://maltatoday.uberflip.com/i/1516667
29.2.2024 3 NEWS 29.2.2024 JEAN Paul Sofia died in a construction site that was not controlled by any regulatory authority, according to the public inquiry report into his death. e report, at a whopping 484 pages, includes a list of recommendations concerning the construction sector. In its report, the Inquiry Board heavily criticised the rel- evant construction authorities for failing to take responsi- bility for the case. "No one [...] assumed even the slightest bit of respon- sibility for what happened. As far as the Board is aware, no one bothered to ask 'why didn't we conduct a single inspection on this site?'" e Board also questioned why Malta Enterprise and INDIS Malta did not conduct a site visit of their own, even though the site was contractually set to be finished by October 2021. "e Board empathises with the family's argument that, if any of these two entities took steps to relinquish the con- tract due to this breach, which is what happened after the accident, maybe the accident would have been avoided." Indeed, the Board went on to question the transfer of the site to AllPlus Limited. It said it was not convinced that the proper procedures were followed when handing the land to the company. "e amateurish way in which the inspections were carried out ahead of this decision raised more questions than answers," it said. Moreover, the Board pointed out that Malta Enterprise does not even ask for the architect's drawings of the pro- posed building site. "is means that Malta Enterprise would not know whether, in a 300sqm site, there will be a single-storey, two-storey, or five-storey building." e Board also flagged a legislative anomaly on free standing structures, which only last week was addressed by new regulations. e loophole meant that freestanding buildings were technically unregulated, with no oversight from any competent authority. "What is needed is certainty of rights, whereby everyone knows what is obligated of them, what they face if they fall short, whereby risky work, such as in construction, should be carried out according to regulations that put compe- tence, skill and the ability to work well and safely, at the forefront." Regarding the OHSA, the Board said it was inappropri- ate for the authority to be led by the same person for over 20 years. It suggested that the chief executive should hold a fixed term. e Board also said it was concerned to hear that the OHSA holds no legal or technical responsibility on mat- ters of public safety, or the protection of third-parties dur- ing works. e Board added that it is unacceptable that OHSA officials have no competence in deciding whether a building is safe or not. e Board also said that the OHSA should "get down from its ivory tower that it built for itself and consider in- cidents not just as numbers but as grievances that break families". Regarding the Building and Construction Authori- ty (BCA), the Board said perit Maria Schembri Grima should have never accepted to become the first chairper- son of the authority. "In matters of conflict of interest, objective perception based on ascertained facts is key." Schembri Grima was later replaced by Saviour Camilleri. Regarding perit David Xuereb, the Board said his testi- mony in the inquiry showed him to be cut off from the reality of the OHSA, even making incorrect declarations compared to the chief executive of the authority. "is sort of behaviour is censurable and should not be allowed to continue as if it's nothing. [...] e Board is of the opinion that Perit Xuereb should consider his posi- tion. Sofia inquiry report exposes regulatory failures across the board FROM PAGE 1 Abela was addressing parliament in the evening following the pub- lication of the conclusions of the public inquiry into the death of Jean Paul Sofia. e report's damning conclu- sions exposed regulatory failures by a number of government au- thorities, which ultimately led to the death of the young construc- tion worker. e parents of Jean Paul Sofia, Is- abelle Bonnici and John Sofia, sat next to MPs following proceed- ings after an agreement between Government and the Opposition. It was Bonnici's wish to be inside the Chamber during the plenary debate. Addressing the House, Abela in- sisted that all recommendations will be addressed by a Cabinet sub-committee. He acknowledged that the government was not sen- sitive to the issue at the beginning and assured that he has already apologised to Sofia's family about his stubbornness in opening a public inquiry. "But, I am now determined not to disappoint you after this con- clusion," Abela said. Before enlisting the govern- ment's plans to tackle the recom- mendations, he praised how the inquiry unfolded. "A transparent inquiry, with hearings with open doors, open to the public, and results made pub- lic immediately," Abela added. 'Doesn't matter how many laws there are unless they are enforced' Repeating what he said on Wednesday morning, when field- ing through journalists' questions, Abela went through several plans the government will take on to see the change materialise. Besides the sub-committee within the Cabinet, which will be responsible for ensuring the im- plementation of the plans, the gov- ernment will also initiate several structures to address the common man. Abela announced that a helpline centre will be launched to assist anyone with queries, complaints, and feedback on matters related to construction. Another structure will also be initiated to provide those in need with legal and archi- tectural services, free of charge. "e public must believe that en- forcement is happening and must believe they are protected... they should not be threatened to think they are not capable of fighting for their own rights," Abela said. Acknowledging the work done in the Ombudsman office, Abela said the Commissioner responsible for environment and planning will see his portfolio extended to also in- clude construction. "It is clear, more than once, you can have as many laws as you want, they must be enforced," Ab- ela added. Indeed, the inquiry mentioned that laws seem to be strong on pa- per but not enforced, and because of this, Abela insisted that gov- ernment has already seen new of- ficers taking on the enforcing. e Housing Authority's enforcing wing will also be ensuring enforce- ment, preventing the sector from self-regulating. "If one dreamt to become a con- tractor, they could buy engines one day, find land the day after, build a foundation, and by the day after that, build a building. is is the reality, but it won't be any- more," Abela said. Concluding his speech, Abe- la addressed rumors prior to the inquiry, which suggested he was protecting someone or something. He insisted that this was not only false but is now evident from the inquiry that none of it was real. "I might have been mistaken giv- ing the impression of defending someone or something, but the in- quiry found this was not the case," Abela concluded. Grech calls for resignation of Prime Minister Robert Abela Opposition leader Bernard Grech said it is not only CEOs and chairpersons who need to shoulder responsibility but also the minister responsible for these shortcomings. "Who will shoulder responsibili- ty for this mess?" Grech asked the government. Without holding back, Grech called for the resignations of Prime Minister Robert Abela, for- mer Public Works and Planning Minister Stefan Zrinzo Azzopardi, and Environment, Energy Minis- ter Miriam Dalli. Grech recalled the meeting he had with Jean Paul Sofia's moth- er, Isabelle Bonnici, after her son's death. At the time, she pleaded with him not to speak, not to do anything, as it was only the Prime Minister, the Government, who could give her what she desperate- ly needed. "e inquiry results show why the government was adamant on not launching the public inquiry, on closing the door in the poor mother's face," Grech said. He insisted that it was the gov- ernment and its authorities' short- comings that led to the death of Jean Paul and it was the govern- ment's stubbornness which led to several other incidents happening after the boy's death. Citing construction incidents happening after October 2022, such as the building collapsing in Belvedere Road, Gżira, Grech in- sisted these incidents could have also been avoided. "Had you initiated the public inquiry before, these conclusions would have been online months ahead," Grech added. Commenting on parts of the in- quiry, Grech mentioned how the inquiry pointed out that no au- thority was enforcing regulations within the construction of the building that ultimately cost Soi- fa's death. "If there was no authority, I would have understood. If there weren't 10,000 authorities, full to the brim with your own people, direct orders, and people getting €60,000 or €70,000 in wages, I would have understood. But, to say, there was not a single author- ity to protect Jean Paul Sofia and his friends, I will never under- stand," Grech said. e Opposition leader also men- tioned how he cannot accept how even after the accidents investi- gated in the inquiry, companies, authorities, and the government went on "business as usual." "As if life costs absolutely nothing to you," Grech insisted. Prime Minister Robert Abela (left) has called for the resignation of chairpersons and CEOs implicated in the public inquiry report but Opposition leader Bernard Grech (right) also called for the resignation of the prime minister himself and other ministers Opposition leader calls for prime minister's resignation