Question: what do the following have in common? Hunting, driving on Maltese roads, littering, behaviour in Paceville, non-payment of VAT and income tax, environmental and planning laws, air and noise pollution, safety rules at fireworks factories, health and safety regulations.
Answer: in all these areas of Maltese life, law enforcement is either conspicuous by its absence or the arm of the law rests so lightly as to be of little deterrence.
In a recent speech, former planning authority audit officer, Joe Falzon, reminded his audience of the lack of enforcement he had found while serving there, noting that this was still a problem to this day.
Last month’s show of strength by the planning authority against one of the most notorious offenders against planning and environmental law will probably turn out to be no more than a public display for short-term political reasons.
The number of injuries to life and limb involving workers engaged on construction sites or collapsing tower cranes are testament to lack of attention to health and safety regulations.
Although handing out parking tickets is well policed because it is evidently a source of income for local councils, drivers here are infamous for their lack of discipline and courtesy.
Illegal hunting and trapping of anything that flies, including protected species, have given Malta a bad global reputation. Noise and air pollution are rife. Evasion of payment of VAT by, for example, plumbers, electricians and other self-employed is well known, so is tax evasion among the professional classes and businessmen.
It is sad to admit that there appears to be a lawless streak in society that may be explained by our southern European culture but which is corrosive and not something to be proud of. Why is this and what should be done about it?
There are a number of interlinked areas where successive governments have failed to act. The first is the need for enforcement and education as one of the keys to improvement in all areas. Major changes in public attitudes happen only slowly. A greater sense of individual civic responsibility can only be inculcated through education over time.
But, together with education, the application of the rule of law and its enforcement must also play a major part in the process. Enforcement reflects the hard way of learning. In Malta, the inability and apparent unwillingness to enforce the law in all the areas where law-breaking is rife is appalling.
The heart of the problem lies in the exercise of political will. Successive governments have been unwilling to do their duty to uphold the rule of law. This is characterised by an endemic lack of provision of adequate enforcement resources. The Police Force must act decisively when dealing with motorists who continue to flout traffic rules .
Governments show too great a willingness to turn a blind eye to powerful lobby groups or even those they know are depriving it of national income for fear of losing their votes. The application of political backbone on enforcement has been sadly lacking. Only a redirection of resources, together with the determined application of political will to enforce the law will alter the Maltese mindset.
The rule of law is, of course, the bedrock of civil society. It provides a framework for civilised behaviour. It should also guide our conduct because it protects our individual rights. However, unless this country’s system of law enforcement is radically improved, it will continue to be undermined.