The government has refused to table in Parliament the Attorney General’s advice on the opening of a finch trapping season this year despite a second warning by the European Commission that may land Malta before the European Court.
Environment Minister Leo Brincat said the advice was exempt from obligations under the Freedom of Information Act when replying to questions in Parliament by the Opposition spokesman on hunting Charlo Bonnici.
When Malta faced a similar situation on spring hunting in 2007, the Attorney General’s advice had been given to the government’s consultative body: the Ornis committee. This time round, however, Birdlife Malta, which is represented on the Ornis, said, it was not given access to what the Attorney Genmeral had told the government.
Thus, the committee, could have overlooked certain legal repercussions the Attorney General might have raised in his advice. Speaking to Times of Malta, Mr Brincat stood his ground, citing lawyer-client privilege.
Any relationship between a lawyer and his client is bound by secrecy. In this case, the government obtained advice from its lawyer, the Attorney General
“Any relationship between a lawyer and his client is bound by secrecy. In this case, the government obtained advice from its lawyer, the Attorney General,” he said.
When asked if he would at least ensure the advice was presented to the Ornis committee to guide its recommendations, Mr Brincat said he was told by Parliamentary Secretary Roderick Galdes that “key aspects of the advice were integrated in the final report submitted to the committee for its recommendation”.
This was contested by Birdlife Malta, which said the recommendation for another trapping season this year was made before the second warning was received from the European Commission.
“The Attorney General’s advice was sought but his opinion was never tabled. Before, we would either be given his advice or an interpretation of it to guide our decision,” Birdlife Malta told Times of Malta.
The first EC warning was received last October but the government decided to open the season anyway. In May, the committee had to decide on this year’s season. The second warning was received the following month.
“In the past, the need for the Attorney General’s advice was felt necessary by the committee. This change of tack leads us to think his advice warned that the opening of a new season this year would land us in court,” Birdlife added.
Last month, European Environment Commissioner Karmenu Vella warned that Malta could face court action if it defied EU law and opened another trapping season this year.
“Malta should stop the trapping of finches once and for all. We have issued warnings. If this continues we will have no other alternative but to take Malta to the European Court of Justice,” Mr Vella had warned.
The trapping of finches is outlawed in the EU. Malta stopped the practice after a five-year transition period ended in 2009. However, an autumn trapping season kept being opened for two species of birds.
Following Labour’s return to power in 2013, the government last year reopened a full-blown trapping season that included finches.