An appeal to the Prime Minister

Lawrence Gonzi's hesitation in announcing the dates of a derogation to special license the hunting and trapping of turtle-doves and quails in April is isolating him from everybody, including his own party. Judging by the public and private opinion of Nationalist MPs and MEPs, his titillating position is evident. Even the bluest of blue-eyed boys, Austin Sammut, has publicly said that the opening of a limited spring season is a "window" that should be recognised and used.

The hunters' federation (FKNK) had successfully addressed all the objections raised within the Ornis Committee. On March 15, the Ornis chairman submitted all the relevant documents to the Office of the Prime Minister (OPM), the Environment Protection directorate (EPD) and other interested parties.

The FKNK proposals and counter-proposals follow closely the requirements of the Birds Directive, and the EU Guidance Document for Sustainable Hunting. The FKNK figures are based on the data recorded by the International Union for Conservation of Nature (IUCN), BirdLife International, the EU Management Plan for the Turtle-Dove (2007-2009), the EU Management Plan for the Quail (2009-2011), and other scientific sources. All the FKNK data are scientifically drawn up, referenced and verifiable, and will stand scrutiny in any court of justice.

The FKNK proposals in their totality address fully and unequivocally all the concerns raised by the judges of the Court of Justice of the European Communities in C-76/08, namely, the duration of the derogation period, the "small numbers" principle, the "proportionality" issue, and the "strict control" condition. The FKNK documents anticipate any possible objections the EU Commission might raise, in the unlikely event that it questions the application of a limited hunting derogation. The FKNK papers expressly outline the system that needs to be implemented as regards the efficient enforcement of the derogation conditions. The onus lies squarely on the government to ensure that the necessary framework for the implementation of the derogation conditions is in place.

It is highly significant that nobody has invalidated the arguments propounded in the FKNK documents. The Environment Protection directorate has, in fact, expressed its agreement with the measures proposed by the FKNK, particularly those regarding enfor-cement.

Consequently, Dr Gonzi is not justified in delaying his decision any longer.

In a televised programme held last April, he expressed sympathy for the families of two hunters who ended their life tragically.

He had also expressed concern at being informed by a psychologist friend that hunters were seeking his services because they were suffering from depression owing to the hunting ban.

If Dr Gonzi's concern on TV was genuine, we now expect him to announce the derogation dates without further delay.

He is responsible for keeping the hunters and trappers in suspense, to the detriment of their health.

They have a right to plan their vacation, and the employed workers among them have a right to book their leave from work in time. Those among them who hunt in Gozo need to book their accommodation ahead.

Malta is a sovereign state within the EU and the head of that state must show he is not intimidated by anyone, least of all, the scare-mongering tactics of a birding organisation that refuses to accept the ECJ judgment.

Six months into the verdict, Malta's premier continues dragging his feet, saying he wants prior approval from Brussels. However, it is unrealistic to expect any guarantees from the EU Environment Commission for the simple reason that the Commission would first need to see how the derogation is being applied in practice before it can give its blessing.

Therefore, it is high time for the Prime Minister, as the minister responsible, to demonstrate his mastery of the situation, and to declare, without further delay, the opening and closing dates of the derogation period.

The Prime Minister has an ethical and moral duty to ensure that justice is done, and is seen to be done, by the thousands of Maltese and Gozitan hunters and trappers and their families, all anxiously awaiting his overdue decision.