The contentious spring hunting season is the only Maltese hobby that can be discontinued through an abrogative referendum, according to a team of legal experts who shot down hunters’ “scaremongering” claims.
The 12 lawyers, headed by Mark Bencini, yesterday published a research paper disproving “nonsense” claims by the hunting lobby that pastimes such as motorsports, fireworks and horse racing, would be next on the chopping block after the spring hunting referendum to be held in April.
The hunters’ federation, FKNK, had taken to the streets with members brandishing banners.
They “warned” different special interest groups that they would also come under fire when the Coalition Against Spring Hunting first set the ball rolling for a referendum last year.
“This simply is not the case. Abrogative referendums exist to allow the public to have a law removed. In the case of spring hunting, there is a law allowing the practice to be held and this can be abolished,” Dr Bencini said.
This is nonsense and it is simply not right to continuously misinform the public in this way
The same, however, cannot be said of other hobbies, he added, saying that he was yet to find another hobby that could be removed through a similar vote.
Former European Court of Human Rights judge Giovanni Bonello said that every citizen had a constitutional right to practise hobbies, such as pigeon racing, and this could not be taken away.
In fact, there was no law allowing such hobbies but only regulations laying out how such hobbies can be practised.
“It is a given that one can enjoy these hobbies and no one can take these away through a referendum,” he insisted.
Dr Bonello expressed his exasperation at the FKNK’s claims, describing them as nothing more than “scaremongering”.
Lawyer and Times of Malta columnist Andrew Borg Cardona shared the sentiment, saying the hunting lobby was breaching the public’s basic right to the truth.
“This is nonsense and it is not right to continuously misinform the public in this way,” he said.
Another falsehood that was being put forward by the hunting lobby suggested that the spring season might not be the last window to come under attack, the lawyers pointed out.
The FKNK had raised concerns that if spring hunting was abolished there would be nothing to stop the public from removing all hunting practices all together.
Dr Bencini, however, said this was not the case.
Spring hunting is illegal according to EU law but the European Court of Justice had left a window open for Malta to apply an exception and open a very limited season.
The referendum is intended to remove this Maltese law that makes this concession possible.
On the other hand, the autumn hunting season, running from September to January, could not be abolished through an abrogative referendum.
For this to happen, the House would have to reach an agreement to outlaw hunting all together.
The lawyers making the appeal were asked whether politicians were in duty bound to reveal their voting intentions.
Dr Bonello said they did not have a legal obligation, however, they were morally and politically obliged to inform the electorate of their position.
All the lawyers present said they would be voting against spring hunting.