Data tabled in parliament late last year showed that almost two thirds of magisterial inquiries into serious accidents at construction sites are still pending. It transpires that from 2017 onwards, out the 59 inquiries launched only 25 have been concluded.  The scope of such exercise is to establish the facts and possibly the circumstances on the dynamics of the accident and pass on the findings to the police, who could opt to file charges if it transpired third parties would be criminally liable.

Unfortunately, in Malta the speed of magisterial inquiries leaves much to be desired. Consequently, months if not years may elapse until those allegedly responsible are brought to justice. This situation is fuelling a negative perception, both on the construction industry as well as the justice system itself. While it is not our intention to point fingers on why these inquiries at times take years to be concluded, the bottom line is that the system needs to be overhauled. One of the suggestions floated from time to time is to have magistrates specialised on inquiries, rather than the present set-up whereby magistrates have to juggle between their caseload, and inquiries.

According to media reports at present that are 29 pending inquiries involving fatalities in the construction industry, most of which involve falls from heights. Occupational Health and Safety Authority CEO Mark Gauci reportedly said that they were pushing for legislative amendments aimed to involve this watchdog into workplace accidents, in a bid to speed up the conclusions. By the time of writing of this editorial, a Bill aiming to rope in the OHSA in magisterial inquiries is on parliament’s agenda. According to the OHSA CEO this is a step in the right direction as it should result in speedier conclusions.

Apart from establishing criminal liability, inquiries can also address wider objectives. This is where the issue of public inquiries comes into the scene. The latter aims to identify institutional shortcomings that may have led to such accidents and establish protocols to beef up safeguards. This is why the proposal to launch a public inquiry into the tragic death of Jean Paul Sofia merits serious consideration. Let us not forget that when similar calls were made in connection with the brutal murder of Daphne Caruana Galizia, there was plenty of scepticism as well if not resistance from various quarters. Ultimately, however, that public inquiry served to throw light on the climate of impunity which led to her assassination while flagging serious shortcomings which should be addressed so as not to have the story repeat itself.  

In the case of the construction industry, a public inquiry would serve to take a snapshot of the situation and possibly point out how this industry, which is currently one of the main drivers of the Maltese economy, can be better regulated in a bid to improve occupational safety and minimise risks for third parties.