'Name and Shame Them'

Repeat transgressors in the construction industry should be jailed, and their businesses shut down.

The recommendation from Construction Industry Council of Fiji supported an earlier reminder from Trade minister, Manoa Kamikamica, over penalties involved in the trade, manufacture or import of substandard building material.

Council president, Jon Orton, called for more stringent deterrents that included naming and shaming first offenders.

"Names should be made public," he said.

"The director's names and businesses should be made public if they are first offenders.

"It is essential for public confidence in the construction industry that there is seen to be no financial benefit to deliberately importing, manufacturing or trading in substandard materials."

The council supported the minister's statement that building material must meet the applicable codes provided, as not doing so could lead to injury or death.

The penalty for an individual first offender was a maximum of$25,000 and $10,000 for a second or subsequent offence.

Subject to certain circumstances, there was a maximum term of imprisonment of three years.

"The penalty for a company is a maximum of$25,000 for a first offence, and $50,000 for a second or subsequent offence," Mr Orton said.

"Regardless of whether a penalty is imposed, the court may order the individual or company to compensate the loss incurred by a third party.

"No compensation limit is noted."

Hypothetically, if a company repeated a serious transgression which led, say, to the collapse of a building, the directors of that company could be fined $10,000 and their company fined $50,000, and required to pay an amount of compensation which might bankrupt the company.

"However, if the company was to declare bankruptcy, the directors would be required to assume personal liability for the compensation," Mr Orton said.

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