BCA bosses grilled over slow pace of reform, ineffective law, conflicts of interest
Former BCA chair Maria Schembri Grima, who resigned over a construction collapse on a private project during her tenure, claims she resigned under pressure of ‘media spin’
The panel hearing the public inquiry into the death of worker Jean Paul Sofia in the Corradino building collapse, heard testimony from top brass at the Building and Construction Authority.
A picture soon emerged of conflicts of interest that went ignored and might have clouded judgement, lack of necessary subventions for a fast-paced recruitment and reform, as well as ineffective enforcement at the BCA.
Judge Joseph Zammit McKeon, who as national ombudsman is leading the inquiry, delivered his customary, stern grilling of the past and present chairs and CEOs of the BCA.
Missing from this session of the public inquiry was documentation pertaining to the BCA’s board minutes and other data on its enforcement efforts, from its early days as the, formerly, Building Regulation Office.
First on the stand was former CEO Karl Azzopardi, the first chief executive at the newly-established BCA in 2021, who is currently pursuing a constructive dismissal claim after having been at loggerheads with new planning minister Stefan Zrinzo Azzopardi.
Azzopardi claimed that despite having led various working committees within the BCA to forge ahead with a series of building codes and draft laws, that were taken to his then ministers Ian Borg and later Aaron Farrugia, things apparently came to a head with the later appointment of Zrinzo Azzopardi.
Azzopardi said that the BCA’s inability to achieve its recruitment complement in 2022 was preceded by a belief that his plans appeared not to be in conformity with the view of the administration. “At a certain point, we came to a point that we had to agree to disagree,” Azzopardi says, denying he was made to resign. “I felt that the language was that I would not be allowed to work as I hoped to. The minster appeared not to agree with the way I wanted to work. I wanted to engage more people, open up more to public consultation… I felt that my plan to effect changes, was consonant any more with the administration’s view.
“It was clear that he did not agree with the way I was running the authority… yes, it was a constructive dismissal.”
It was clear that the BCA’s initial request in €18 million for funding had hampered its initial year of operations, since only half of the request was accorded.
Azzopardi said that in his first year of operation, the 2022 election year meant that recruitment had to slow down, with staff growing to 45 right up to his departure in May 2022. Only 11 were enforcement inspectors tasked with monitoring building sites. Azzopardi also said the BCA’s recruitment process for inspectors was hampered by a lack of skills in the labour market.
Azzopardi said of the first BCA chairperson, Maria Schembri Grima, that he saw no conflict of interest in her being an architect in private practice while working as chair of the regulator.
“I did not see that as a conflict… I thought it could help build bridges with the industry.”
Schembri Grima was the next witness on the stand. She had resigned following outrage over footage of a dangerous demolition at a project, Joseph Portelli’s construction at the former GO building in Birkirkara, that she was leading. Her resignation in February 2023 came on the same day a video showed how demolition works carried out in Triq Psaila, caused large stones to fall a height of at least three storeys, crashing down beyond supposedly protective hoarding. Schembri Grima was the project architect.
Demolition works were even halted by the BCA itself after residents flagged the significant danger of ongoing works there. Schembri Grima was appointed BCA chair in 2021 and confirmed in that post a year later.
She has since continued her private practice as an architect, with her clients including Joseph Portelli and Malta Developers Association president Michael Stivala.
A structural engineer by profession, she also denied having a conflict of her interest in her dual role as private architect for construction moguls, while chairing the BCA.
“Before I became BCA chair, I already carried out my work in full rectitude and with a love for my job. I believe I was appointed BCA chair because I was known in my profession and that I was committed to this role. I was approached to take up this job, and I made it clear that I could not relinquish my private practice. I felt it was something desirable to be able to take a leading role in reforming the state of our sector, which is unregulated.”
While Schembri Grima claimed she resigned “because of media spin”, the Sofia family lawyer Therese Comodini Cachia read out newspaper reports that revealed the video footage of how the GO exchange building collapsed. Asking for reactions from Schembri Grima, it appears the architect took issue with her misrepresentation as the architect, being also responsible for the demolition process. “It’s not that you can interpret such a newspaper report as saying that you personally were in the seat of that excavator,” Comodini Cachia quipped.
While Schembri Grima outlined the work of the BCA in penning national building codes as well as licensing for masons and a classification of contractors, it was apparent that the BCA was powerless on constructions projects that do not abut on third-party properties.
When the Kordin tragedy happened, the BCA board met just once to discuss the collapse right after the event, and as evidenced by the later testimony of the new BCA chief executive Jesmond Muscat, a second time on 3 August when the public inquiry started.
It turns out that the BCA does not necessarily have access to all commencement notices issued to construction projects from the Planning Authority, since there is no centralisation of notifications.
Comodini Cachia said the lacunas identified were that the OHSA was responsible for workers’ safety, and the BCA was only responsible for properties abutting on third-party properties – the rest of the properties without such third-party interests end up having to be self-regulating.
“When you were discussing the national building codes, would such properties without third-party interests be affected by these codes?” she asked the former BCA chair. Schembri Grima said the BCA would ensure that upon a commencement notice, the BCA would have to ensure that the method statement – in the case only of excavations and demolitions – is fully adhered to.
At that point, Schembri Grima was stumped when asked by Comodini Cachia what would a whistleblower, such as a builder – and in a worst-case scenario, a third-country national who is unlicensed to work on site and lacks any protection – have to do should they want to report a construction issue where it is apparent that the building is not being according to plan or the method statement. Apparently, there is no clear way of having the BCA learn of what is going wrong on the construction site.
Schembri Grima’s successor, former land surveyor and site manager Saviour Camilleri, said the BCA was currently refining the contractor licensing standards the authority had issued.
Camilleri said that by 2024, all on-site contractors must be licensed. “The BCA will be able, under the new law, not only issue heavy fines for licensing breaches, but also revoke professional licensing and issue a stoppage on works.”
Judge Zammit McKeon asked Camilleri: “If contractors are unlicensed, how are we preventing deaths from happening on construction sites?” Camilleri said the BCA had no remit apart from the protection of adjacent buildings and third-party rights, save from carrying out inspections. The Kordin project for example, would not fall under the remit of the BCA’s scrutiny.
The BCA’s current CEO, Jesmond Muscat, reported on the 21 inspectors currently on the BCA payroll: of these, apart from one chief officer and three senior officers, 17 were actually on the ground on building sites. “This complement is 30% of the entire BCA recruitment,” Muscat said, saying the plan was to increase total recruitment.
Muscat said that after the Kordin collapse, no report was drafted on the matter by the BCA. “We didn’t feel the need to… the board met to discuss the matter.”
Muscat said the BCA never felt the need, at law, to consider such a project to be under its scrutiny. “It was not a project that fell under our remit, being a ‘Regulation 26’ commencement notice… at the time of the collapse we went on site to see if we could be of any assistance; later at the BCA we checked any documentation pertaining to this building, and we continued discussing the necessities of proceeding with the licensing of contractors and masons.”
Muscat at one point described the construction sector as being “moribund for the last 40 years” – ostensibly, he was referring to the system of regulation, or its lax enforcement.
The panel expressed disbelief when informed by Muscat that since recruitment opened again in March, only four additional inspectors are expected to be added to the staff complement.
The public inquiry into the death of Jean Paul Sofia continues today, Friday.
The public inquiry board is led by Ombudsman Joseph Zammit McKeon, who will be supported by Auditor General Charles Deguara and court expert Mario Cassar.
Sofia was killed in a construction site accident last December, after a three-storey building he was working at collapsed during construction works. Five men - three Albanian, a Maltese and a Bosnian were rescued by members of the Civil Protection Department.
The saga has unfolded against a backdrop of reluctance from the Labour government to comply to calls for a comprehensive public inquiry into the collapse of a Corradino structure that claimed the live of 19-year-old worker Jean Paul Sofia.
Prime Minister Robert Abela, initially advocating for a clear demarcation between a magisterial inquiry and a public inquiry, encountered fervent resistance from the victim's mother, Isabelle Bonnici.
Bonnici's unyielding campaign for justice gained momentum over time, garnering widespread national support and putting immense pressure on the government to reconsider its stance.
In an eventual U-turn, the PM yielded to calls for a public inquiry, succumbing to the demands of the family and NGOs in the aftermath of a Labour parliamentary vote against a motion by the Opposition for a public inquiry.
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Muscat says there were two drafts, and at some pint, a draft was decoupled from the skills requirements, so that the process can be sped up.
Comodini Cachia asks the CEO whether he has any documentation pertaining to the BCA’s operations before his appointment in June 2022. Muscat says: “I can only answer for my tenure…” But the panel reacts, with Judge Zammit McKeon asks how the CEO could fail to be cognisant of any documentation at the BCA before his appointment, as well as the authority’s predecessor, the Building Regulation Office (BRO). Comodini Cachia refers to earlier drafts of the BRO regulations that were later passed on under the BCA; as well as to previous minutes… Muscat says he will be providing all this documentation. Zammit McKeon says these demands will be listed in an official summons. Matthew Vella
NOTICE FOR MEDIA CIRCULATION
The inquiry has launched the following email address: [email protected]. Contact with the Inquiry is only possible through this email address.
Any person who wishes to testify under oath in the Inquiry has not later than the 31st August 2023 to express his interest by indicating: a) name and surname; b) address; c) identity card; d) object of proof to be presented to the Inquiry.
Admissibility and relevance of any witness will be determined at the sole and discretion of the Board. Any decision by the Board to admit or not to admit a witness is not subject to reconsideration or appeal. Matthew Vella
Schembri Grima says that up until February 2023, there were 21 inspectors. Matthew Vella
Schembri Grima says the most important thing she had achieved, was a strategic business plan, and KPIs, to set aims that had to be reached; the vision was not only to have licensing for masons, but for all other trades in the construction and installations industry; but also to create a classification of contractors, which she refers to as a sort of ‘A, B, C’ kind of level for different types of contractors, usually dependent on the size of their workforce, experience, or quality of their tools. Matthew Vella
“I can assure the board that an amount of meetings to explain to other entities, in various meetings with the PA and in informal workshops, the role of the BCA, were held,” Azzopardi says. Matthew Vella