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Submission on Proposed Built Environment Professions Bill 2008

to the Portfolio Committee on Public Works

Engineering Council of South Africa

Trueman Goba: President

Ravi Nayagar: CEO

12-14 August 2008

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Outline

• Summary of problems identified in March 2008 Policy Document that motivate the Bill

• The Engineering Profession

• How is the present Engineering Profession Act working?

• Does the Bill provide the solutions to the identified problems?

• What are the detailed problems with the Bill?

• Recommendations

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Policy Document: Identified Problems

1. Autonomy of the professional councils leads to duplication of facilities, low income for small councils and lost opportunities for shared services.

2. Low level of registration (because not compulsory) means loss of income to councils and inability to sustain duplicated infrastructure.

3. Governance and accountability are problematic because of disjunctures between the legislation of the councils and CBE.

4. Regulatory bodies are seen as fragmented, have fragmented planning processes and lose advantages of integrated planning– E.g. lack of a swift response to skills shortages in the sector.

5. Access to the professions is identified as a challenge, shortage of previously disadvantaged [persons as] professionals in the sector. – This shortage is seen to be due in part to the lack of co-ordination

between councils.

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Engineering as an Activity and Profession

• The professional activity of Engineering:– serves the needs of people, economic development and the

provision of services to society – involves the purposeful application of mathematical, and natural

sciences, engineering sciences, technology and techniques – seeks to produce solutions whose effects are predicted to the

greatest degree possible in often uncertainty contexts– has potential adverse consequences and therefore must be

carried out • responsibly and ethically, • using available resources efficiently, • economically, • safeguarding health and safety, • environmentally sound and sustainable, and • managing risks throughout the entire lifecycle of a system.

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Engineering Disciplines and Subdisciplines

• Aeronautical• Agricultural• Chemical: Process Engineering, Petrochemical,

Minerals Processing • Civil: Structural, Geotechnical, Transportation,

Hydraulic, Environmental • Electrical: Electronic, Bio-medical, Computer, Power,

Control, Telecommunications, Mechatronics, Software • Industrial• Mechanical: Automotive, Airconditioning, Energy,

Machine Design, Fire Protection, Nuclear • Metallurgical and Materials• Mining

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Engineering Categories

Professional Categories defined the Engineering Profession Act:

• Professional Engineers:

• Professional Engineering Technologists

• Professional Engineering Technicians:

• Professional Certificated Engineers*

• Specified Categories:– Lift Inspector

– Lifting Machinery Inspector

*Mechanical, electrical or mining engineering technologists, specialised in factory or mine operations and health and safety through GCC

7Engineering and GovernmentDiscipline relevant to sectorDept facilitates development

ELEC INDUS MECH MET MININGAERO AGRIC CHEM CIVILGovtDept

DOADOCDODDEAT

Housing

DOLDMEDPE

DPSA

DPWDSTDTIDOT

DWAF

Engineering Discipline

Health

DPLG

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The 2000 Acts

• 1994-1999: Inclusive, thorough process led to– 1999 Policy Document

– Six Acts for individual professions in 2000

– The CBE Act of 2000

• What were the essential principles of the 1999 Policy?

• What has been ECSA’s experience of and achievement under the Engineering Professions Act 2000?

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Principles of 1999 Policy

1. Statutory regulation of professions has two goals:– protecting the standards of professional competence and

– protecting the interests of the public and providing a means of recourse if these interests are infringed

2. Information and advice from professions is essential to national development; contribution must be maximised and co-ordinated.

3. Professional regulation should not interfere with market forces and be consistent with the competition policy. Public protection to apply in relation to aspects of professional conduct

4. Healthy, symbiotic, clearly defined relationship must exist between the professional bodies and related voluntary associations.

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Principles (continued)

5. While professions must meet specific needs of SA communities, …. international best practices to be followed in professional practice and development of registered persons. Professions should contribute to the global competitiveness of SA services

6. The monitoring and evaluation of professional competence and practice depend on professional expertise. – Professional regulation must rely on the expertise of individual

professionals.

– To ensure a clear focus on the public as opposed to professional interest, independent representation of the public interest is also required.

7. The regulatory framework must make provision for the commonalities as well as the differences between the professions.

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How has the Engineering Profession Act worked?

• EPA has proved an effective legal basis for regulating the Engineering Profession

• Fully documented standards, policies and procedures for accreditation, training, registration, CPD & discipline– Standards are registered on NQF

– Ongoing improvement of processes

• ECSA strongly supports the provision for compulsory registration via Identification of Engineering Work

• ECSA completed its IDoEW in 2006

• EPA basically sound but needs minor improvements which ECSA has already proposed

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Serving Society: ECSA’s interactions with other stakeholders

• Department of Labour– Specified categories defined for Lift Inspectors and Lifting Machinery

Inspectors at request of DoL, Government Certificates of Competency; • Department of Minerals and Energy

– Government Certificates of Competency• Department of Education

– Higher Education Qualifications Framework implementation• Jipsa

– Increased BEng output, Technicians & Technologists, Academic Vacancies

• Council on Higher Education – MoU on Programme Accreditation

• South African Qualifications Authority (MoU)• Higher Education South Africa • Deans responsible for engineering programmes

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ECSA Achievements

• 29000+ total registered persons, including:– 6800 candidate registrations

– 56% of new registrations in past three years are previously disadvantaged individuals

– 5000 foreign nationals

• ECSA has accredited all existing BEng, National Diploma and BTech programmes

• ECSA is signatory to international agreements:– Washington Accord (holds Vice-Chair)– Sydney Accord– Dublin Accord– Engineers Mobility Forum (holds Chair)– Engineering Technologists Mobility Forum

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Problems 1&2: Capacity of small councils

• ECSA manages to sustain its infrastructure, staff and processes from fee income

• ECSA recognises that councils with small numbers of registered persons may lack capacity

• Shared infrastructure is a potential solution to problems of small councils: but– ECSA has not seen any business plan that demonstrates an

efficiency gain

• Additional funding should come from Treasury – Cross subsidisation of councils from fee income is

unacceptable

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Problem 3: Governance and accountability

• ECSA is at a disadvantage in commenting because the types of governance and accountability failures have not been identified

• Comment focusses on suitability of proposed council and professional boards

• What do council and boards have expertise to do?Council Membership:

6 Community representatives (not registered)4 State employees2 Higher Education6 x 1 per profession

Board Membership:20 professionals maximum?20% Community representatives

(not registered) minimumPersons from State departmentsPersons from Higher EducationA person versed in law

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List A: Core regulatory functions

– Set standards for education qualifications

– Evaluate and accredit education programmes

– Enter mutual recognition agreements for qualifications

– Evaluate qualifications (not accredited or recognised)

– Determine standards of competency for registration

– Provide guidance for training and mentoring

– Assess competence of applicants for registration

– Determine requirements for CPD

– Implement a code of professional conduct

– Investigate complaints of unprofessional conduct and impose sanctions

– Enter mutual recognition agreements for registration

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List B: Operational functions

These include:– In general, ensure that its policies and processes for all of the

above functions are transparent and are applied fairly;

– Supporting the council, boards and committees;

– Keep registers and listings consistently and reliably;

– Support the processes and governance of functions in list A;

– Managing finances;

– Operate as cost-efficiently as possible, seeking co-operation with other bodies as necessary

– …. More

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List C: General functions in service of society

These include:– Provide information and advice essential to broader national

development;– Co-operate and participate in strategic planning with other

professional bodies, voluntary associations, government, industry and community organisations as needs arise;

– Liaise with education providers in the field;– Liaise with employers who provide training and employ

registered persons in the profession;– Promote human resource development in the profession at the

educational, training and practice levels, identifying problems and bringing these and possible solutions to the attention of the relevant authority;

– Identify blockages and promote access to the profession.

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What does this mean for composition and efficiency?

• Core regulatory functions must be sole preserve of Boards and must not be usurped by Council

• Council not properly constituted for functions B and C

Group of Functions

A: Core regulatory functions

B: Operational functions

C: Service to Society

Required Composition

Governance: 60:40*Working: 80:20

60:40

50:50

Economies of Scale

Slight

Potential

Could be neutral or negative overall

* Ratio Peers: Others

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Problem 4: Fragmented Planning Process

• Differences between professions recognised in 1999• Integrated planning is clearly necessary on cross-

disciplinary issues that affect the built environment– Must include Land Surveying, Town and Regional Planning

and Environmental practitioners – The CBE should be taking the lead in such planning

• Engineering however is practised in many areas outside the built environment: matters arise where – only engineering is involved– planning may involve partners outside built environment

• Forcing boards to plan and communicate through council may be inefficient

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Problem 5: Access to the Profession – Blockages in the Development Pipeline

SchoolEducation

EngineeringHigher

Education

Training andExperience Practice

Blockages due to School Performance• Poor Math & Science• 80% of Schools dysfunctional• Affects black learners mainly• Former Model C Schools are just average in Math & Science

Blockages in Higher Education• Lower participation rate of black students• Rapid Student Growth• Decline in staff numbers• Poor student preparedness

Limited Training• Candidate posts• Mentors• Supervisors

Registration*****

*** *

*Severity

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Major shortcomings of the Bill

• Council/Board governance model is flawed– Composition compromises peer judgement– Council could interfere in core regulatory processes

• Excessive Ministerial authority– No precedents locally or internationally

• Loss of Autonomy of existing councils– Confiscation of assets built up from registrants’ fees– Interests of engineering at large submerged in built

environment

• Possible forced change in training and registration process

• Conflict of laws and practical arrangements for engineering education

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Recommendation

1. ECSA believes that insufficient consultation has taken place to find solutions to the problems identified in the Policy Document

2. ECSA believes that the Bill does not provide the solutions without adverse and unforeseen consequences

3. ECSA therefore recommends to the Portfolio Committee that– The Bill is not ready for consideration by Parliament– The Bill be referred back to the Department of Public Works– The Department of Public Works consult with a wide range of

stakeholders including the six professions to find appropriate solutions to identified problems