On being civil to civil society

In its award-winning publication The Urban Challenge: Our Quality Of Life And The Built Environment, the Chamber of Architects and Civil Engineers outlined the interventions necessary for the built environment to contribute to a better quality of life. Recognising that the architecture and civil engineering profession plays a central role in this scenario, The Urban Challenge described the comprehensive review that the Chamber foresaw to better support and regulate the profession and to ensure and improve the quality of the service that architects and civil engineers provide. The Chamber understood that the profession could not expect change from others in the building industry if it was not first ready to improve itself.

This review addressed the structures regulating the Chamber, particularly regarding the professional conduct of warrant holders, antiquated tariff structures, the introduction of compulsory professional indemnity insurance cover, standard forms of agreement and client guidance documentation for the procurement of architectural services.

Shortly after an extensive consultation process was concluded by unanimous approval at an extraordinary general meeting in April 2008, a document outlining the proposed changes was presented to the government.

The Office of the Prime Minister assured the Chamber of its appreciation for the proposals and their prompt consideration. Yet, after months of discussions between the Chamber and officials representing the Ministry of Resources and Rural Affairs, there is still no established timeframe for the enactment of the necessary changes.

The Chamber considers comprehensive implementation of these changes to be essential if parallel reforms in the planning process are to achieve real advances in the quality of the built environment. It is not, however, certain that the government is really committed to attaining an improvement in the framework within which architects and civil engineers exercise their profession or to the level of service they provide to society.

This in itself causes concern. Recent developments regarding the transposition of the Services (Internal Market) Directive are still more alarming. With discussions ongoing, it was agreed that the revised tariff as approved at the Chamber's EGM would replace the existing 1968 tariff. These tariffs, established by law, were always conceived to safeguard clients through a fixed fee commensurate to a standard level of service addressing all basic professional considerations.

Yet, in December 2009, the government, without informing the Chamber or even the Resources Ministry that was leading the discussions with the Chamber, effectively abolished the tariff of fees by amending legislation to allow a client and the architect and civil engineer a free hand to agree on any fee and the basis of the service on which the same fee is agreed.

This is not about protecting fixed fee structures; the Chamber is committed to market liberalisation but favours a transition period to allow for the holistic introduction of the measures outlined above in order to ensure adequate protection of clients and of society at large.

The government, despite a legal obligation to consult with the Chamber of Architects and Civil Engineers on all matters concerning the profession, completely ignored its commitment to the Chamber in this instance, without even informing it of its decision, to allow the Chamber to properly inform its members of the ramifications involved.

This suggests an attitude to the workings of civil society that is at best uncivil if not downright autocratic. It underscores a belittling of those professions that are more wont to proceed in a civil, professional manner rather than scream, throw tantrums and raise controversy.

It is reflected in other decisions that have undermined the role of architects and civil engineers in society and revealed a lack of government commitment to quality built environments, such as its reluctance to heed the Chamber's repeated advice on the need to champion design quality in the planning process and by promoting design competitions and architectural excellence rather than the lowest cost in the procurement of public projects.

The Chamber does not expect to decide on all matters that concern the profession; it does, however, expect that its voice, as the legally-established representative of all warrant holders, be given due weighting.

The Chamber of Architects and Civil Engineers feels a great sense of duty to its members, and to society, to pursue a functional working setting for the provision of professional services that gives adequate protection to society. It also remains dedicated to holistic improvements in the quality of the built environment.

It understands, not unreasonably, that these are worthy objectives that promote the common good and that its workings and those of civil society at large should be supported and not undermined.

Mr Cassar is president of the Chamber of Architects and Civil Engineers.