Recommendations not implemented: Exclusion of the Malta Chamber of Geologists from membership in the Building and Construction Consultative Council

Recommendations not implemented: Exclusion of the Malta Chamber of Geologists from membership in the Building and Construction Consultative Council

Published October 28, 2025

The Case

The Commissioner for Environment and Planning investigated a complaint regarding the exclusion of the Malta Chamber of Geologists (MCG) from full membership in the Building and Construction Consultative Council (BCCC), a body established under the Building and Construction Authority Act (Chapter 623) to serve as a national advisory platform for the building and construction industry.

The complainant argued that the exclusion of the MCG, a registered professional organisation representing geologists in Malta, unjust and discriminatory.  The complainant maintained that geologists play a crucial role in the construction sector, a fact clearly recognised in the Jean Paul Sofia Public Inquiry Report (2024), which recommended that geological expertise be made mandatory during building and excavation processes.

The BCCC and the Ministry for Justice and Reform of the Construction Sector (MJRC) informed the Chamber that it could only attend meetings as a “guest member” when relevant topics were discussed.  The MCG refused this status, insisting that the BCCC Regulations do not provide for guest members and that its role in safeguarding public safety warranted permanent representation.

Facts and Findings

During the investigation, the Commissioner heard also submissions from the Chairman of the BCCC, and the Permanent Secretary at the MJRC.  The Ministry stated that an internal review of the Council’s composition and responsibilities was underway, suggesting that changes could be introduced at a later stage.  The Commissioner, however, noted that the Ombudsman Act does not allow investigations to be suspended pending internal reviews.

Examination of the BCCC Regulations (Subsidiary Legislation 623.10) confirmed that while the Council may seek expert advice on specific matters, this does not equate to the creation of “guest members.”  The Commissioner also referred to the findings of the Jean Paul Sofia Inquiry Report, which underlined the essential contribution of geologists to public safety, particularly during excavation and demolition works.  The Inquiry explicitly recommended that geological assessments form part of all method statements for development projects.

The Commissioner observed that the Regulations empower the Minister responsible to add other entities to the BCCC to broaden representation “in the interest of enhancing participation of stakeholders.”  The Minister, therefore, retains discretion to appoint the MCG as a full member, irrespective of the BCCC’s opinion.

Conclusions and Recommendations

The Commissioner concluded that the complaint was justified.  The exclusion of the MCG from full membership of the BCCC was found to be unreasonable and contrary to the objectives of the Building and Construction Authority Act, which aims to ensure comprehensive stakeholder representation within the construction industry.

It was therefore recommended that the Minister include the MCG as a full member of the BCCC without delay.  Such inclusion, the Commissioner stated, would strengthen the Council’s expertise and better align it with the public safety recommendations of the Jean Paul Sofia Inquiry.

Outcome

On 13 August 2025, the Ministry for Justice and Reform of the Construction Sector informed the Commissioner that while it appreciated the reasoning behind the recommendation, it would not implement it at this stage.  The Ministry cited the ongoing internal review of the BCCC’s structure and maintained that acting on the recommendation before its conclusion would be premature.

Given this response, on 21 August 2025, the Commissioner referred the matter to the Prime Minister in accordance with Articles 17C(1) and 22(4) of the Ombudsman Act.

On 19 September 2025, the Principal Permanent Secretary confirmed that the Ministry would not proceed with the inclusion of the Malta Chamber of Geologists at this stage, reiterating that the review process within the Ministry and the newly established Construction and Occupational Health & Safety Affairs Department was still ongoing.

As the recommendations were not implemented, the Ombudsman and the Commissioner for Environment and Planning forwarded the Final Opinion to the Speaker of the House of Representatives on 26 September 2025, in accordance with Article 22(4) of the Ombudsman Act, for the House’s further consideration.