A construction company run by former Progressive Labour Party MP Arthur Pitcher did break safety rules when it demolished asbestos-ridden buildings at Southside, a long-awaited report into the controversy has found.

Bermuda Housing Corporation (BHC), which contracted Mr. Pitcher?s company, also comes under fire for not checking to see if asbestos was in the building or applying for a building permit.

And Bermuda Land Development Corporation (BLDC), which owned the buildings, is criticised for not surveying the buildings to ensure they were safe before transferring them to BHC.

Former Health Minister Nelson Bascome ordered the report after Mr. Pitcher?s workers complained in June, 2000 they removed the asbestos without protective masks and the company took away the material in a dangerous manner.

Three and half years later, the three-page report does not state whether the staff worked without masks when they demolished asbestos-ridden houses at Steven?s Circle to build low-cost homes for BHC.

Nor does it say if any action should be taken against the company ACL Ltd., for breaching planning and health and safety rules.

But is does confirm Mr. Pitcher?s company, ACL Ltd., ?removed demolition debris from the site without taking the necessary safety precautions?.

The report ? issued under the name of a Health and Safety Officer and Chief Medical Officer Dr. John Cann ? also found ?ACL Ltd. did not secure a copy of the building permit from BHC before commencing demolition. A building permit would have indicated the presence of asbestos?.

And ACL were stopped by a senior Environmental Health officer from dumping the debris at Tynes Bay incinerator ?because of concerns the debris contained asbestos containing materials?.

Asbestos waste must be disposed of at the Government quarry at Bailey?s Bay by arrangement with the Waste Management Officer at Works and Engineering.

The report also recommends the Department of Health monitor the health of ACL staff involved in removing the asbestos. The report was released to MPs yesterday at the same time as a generalised 17 page report on asbestos use and abatement in Bermuda.

Shadow Health Minister Michael Dunkley yesterday condemned both reports as ?a total waste of time? and said they fudged the issue of who was to blame for the demolition fiasco.

He said he could not comprehend how it could take three and half years to produce reports totalling just 20 pages ? especially when the general report was educational information which could be downloaded from the Internet in a day, he said.

It led him to believe the PLP had stalled released the report for so long because it wanted angry St. David?s residents who complained in the first instance to forget about it.

?I don?t know why is has taken us more than three years to get this,? said Mr. Dunkley said yesterday.

?It seems to me they wanted the community passion for this to ease away, and there is nothing in this that can take us forward.

?It is very, very vague. This report gives us every reason to believe that someone has broken the law, but it doesn?t finger who that company is or how to resolve it.

?It is a typical PLP report to try to appease everyone and not doing anything about it. With this and the general report copy on asbestos treatment are are a total waste of time.

?Anyone could have plugged into a computer and printed out this information in a day. Its just a waste of tax-payers? money and a waste of our breath as we waited for this.

?People expected more, especially with all the Minister?s fanfare about going to get to the bottom of it and correct it. This does nothing.

?It is clear that laws were broken. There was no building permit from BHC before the demolition began and the debris was removed without taking the necessary safety precautions?.

The report on the Southside demolition found BLDC was aware hazardous materials had to be removed before renovations or new construction begins, and it did not undertake an in-depth asbestos survey on the buildings which BHC had acquired which were to be demolished. The company did, however, share a methodology with BHC for removing asbestos.

BHC did not enquire whether an asbestos survey was completed ?and it did not undertake a survey to determine whether there was asbestos in the building,? the report found.

BHC, which was then run by Raymonde Dill who was later sacked, also did not apply for a building permit for the development of the properties which would have required it to provide information about asbestos.

ACL was given the contract to demolish the buildings and they engaged Bermuda Water Consultants (BWC) to test the flooring and mastic for asbestos, the report states.

BWC found the asbestos content was low ? one sample showed two percent, the other less than three percent. The Department of Health defines asbestos-containing material as anything more than one per cent of the material.

ACL then sub-contracted Island Construction Services to demolish the buildings, but ACL staff sifted through the contents to separate it for disposal.

BHC commissioned BWC to do an in-depth study which found a range of between one and five percent asbestos content.

The report states BHC then applied to the Department of Planning for permission to demolish the buildings, but this was put on hold until the Department of Health issued an asbestos abatement permit.

The demolition was stopped by an Environmental health officer pending completion of the survey commissioned by BHC, but the material had to be separated into asbestos and non-asbestos material.

The Environmental health officer agreed ACL staff could continue sorting the material if they wore protective clothing and BWC supervised the process.

BHC then contracted an asbestos abatement officer to continue the demolition.

The report concluded: ?BLDC had experience with the removal of asbestos from buildings at Southside.

?BLDC had an obligation to ensure that the premises were safe and without risks to health. It should have completed a survey of buildings transferred to BHC.

?Prior to acquiring the properties, BHC should have enquired whether an asbestos survey was done or should have arranged for a survey to determine whether there was asbestos in the buildings. This would have allowed BHC to notify contractors.

?BHC should have applied to the Department of Planning for a building permit for the development of the properties.

?This would have required the Corporation to provide information in respect to the presence of asbestos in the buildings. In the event asbestos was present, the Corporation would have had to apply to the Department of health for an asbestos abatement.

?ACL Ltd. did not secure a copy of the building permit from BHC before commencing demolition. A building permit would have indicated the presence of asbestos.

?ACL Ltd. removed demolition debris from the site without taking the necessary safety precautions.?

As well as monitoring the health of ACL staff, the report recommends BLDC and BHC assess all buildings due to be demolished or renovated for asbestos.

And the Department of Health is to ensure all contractors have guidelines for handling friable and non-friable asbestos.

Mr. Pitcher said yesterday he did not want to comment and directed calls to Kevin Bean-Walls, the president of Bermuda Composite Construction ? which took over ACL ? and the company?s vice-president Leone James Williams.

BCC was set up in May, 2000. The other two directors were Mr. Pitcher and Island Construction owner Zane DeSilva. ACL had the contract for Southside but it was taken over by BCC before ground was broken.left a message for Mr. Bean-Walls and Mr. Williams at their company Hibiscus Development Ltd. yesterday, but they did not return the call.

BLDC?s offices were closed yesterday and BHC did not return a call seeking comment.