Given the smoke screen being created by the government, I find it imperative to make a fact clear: Hunting in spring is illegal under European law and Malta never got a special exemption (or derogation) to allow it. Nowhere is hunting in spring allowed in Europe. Moreover, trapping is also forbidden to take place at any time of the year.
The EU legislation that governs the conservation of wild birds and sustainable hunting practices in Europe is referred to as the Birds Directive, which is widely known as the best conservation legislation of its kind. It was put together with the European Commission, BirdLife International and the European hunters' federation, FACE. All the member states and their hunters respect this legislation and lay their guns down during spring to give wild birds a chance to breed.
There is one exception to the rule: Malta. This country is the only EU member that insists on violating EU law by allowing the hunting of two bird species in spring. A few member states, like Finland and Spain, also tried to allow the hunting of one particular species on a small scale during spring, although it was never planned to be nationwide. Even in those cases, neither country managed to get away with it although they put forward much better reasons than Malta ever did for justifying this breach.
Following the first breach of the directive, the Maltese government submitted its reasoning for allowing spring hunting in 2004, but the European Commission was far from convinced, which resulted in the opening of an infringement procedure last June. For 2005 and 2006, the government has, as yet, not submitted anything.
The infringement procedure is a clear signal sent to the government by the Commission to come in line. To defy this for a fourth consecutive time and brazenly allow spring hunting again in 2007 is simply calling for tougher penalties.
What is most striking about the Maltese government's insistence on allowing spring hunting is that there is absolutely no scientific data upon which to base this decision. On the government's own admission during a meeting in Brussels last month and in their recent statements, an independent study is yet to be commissioned. The Commission requires that when any country applies for a derogation it must provide scientific evidence to justify its request.
It is a known fact today that the government did not get a derogation on spring hunting during the accession treaty with the EU. What Lawrence Gonzi is referring to, in order to give the impression that Malta got an exemption on spring hunting during the accession negotiations, are the minutes of the meetings where the Maltese authorities told the EU representatives of their intention to allow hunting in spring. The minutes of a meeting cannot be placed before the Maltese public and sold to them as a derogation. The smokescreen created by the Maltese government on the road to EU accession has inevitably started to lift.
Environmental protection and conservation may not be the vision of this government. On the other hand, the Labour Party insists on acting like the three monkeys refusing to see, hear or talk about the issue. And Alternattiva Demokratika's deafening silence on the issue prior to the announcement of a spring hunting season in 2007 exemplifies the party's ineffectiveness. It was only after the issue started to command attention that AD decided to join the bandwagon.
In such a political environment, Dr Gonzi is at a crossroad. He will either continue to implement the "strategic" advice given to him, based on the hope of gaining a few votes from a small group of people who seem to never be satisfied with what is given to them, or retract from a mistake and be the first leader in Malta to set a precedent by banning spring hunting. This will allow him to inspire not only a majority of his fellow citizens but also gain the respect of fellow politicians in Europe.
Only time can tell.
Mr Temuge is executive director of BirdLife Malta.