Malta's obligation as a member of the European Union is to abide by Directives aimed at harmonizing all member states forming part of a united Europe. Undoubtedly, Directives are not tailor-made to suit every country's needs or specific circumstances and subsequently derogations are applied and granted whenever certain criteria are met. Derogations are the partial revocation of a law, as opposed to abrogation or the total abolition of a law. In terms of European Union legislation, a derogation can imply a delay by member states when implementing EU Regulations into their legal system or their opting not to enforce a specific provision in a treaty due to given circumstances. Such "specific circumstances", in the case of spring hunting, were clearly defined by the European Court of Justice ruling as being the reason for there being no "satisfactory solution" to hunt turtle-dove and quail during autumn. The cardinal point permitting derogation from the Birds Directive during spring was undoubtedly met, and the framework legislation permitting such practice whenever autumn hunted numbers are unsatisfactory shares the European Commission's approval.

In theory, all EU laws should be binding on all member states. But states can sometimes negotiate to opt-out of a particular piece of legislation or derogate. The Nationalist Party confirmed this fact in two letters assuring all hunters and trappers dated March and April 2003 signed by its leader and Prime Minister at the time. Also, current PN leader Dr Busuttil, during his tenure as head of the Malta EU Information Centre MIC, informed the Maltese public that following pre accession negotiations on the environment "Malta will apply a derogation whereby Maltese hunters can continue hunting quail and turtle-doves in spring" and most importantly is his confirming that "the possibility to derogate forms part of EU law".

Leader of the Opposition Dr Simon Busuttil now argues that the "referendum would not go against the provisions of Malta's EU Accession Treaty". How, after "sticking out his neck for hunters" and countless references and assurances regarding a negotiated position on spring hunting he himself was involved in, Dr. Busuttil arrives at this conclusion begs an explanation since the Nationalist Party has always maintained the exact opposite.

So much so, apart from derogation for spring hunting being a specific provision in a treaty forming part of EU and subsequently Maltese law, the words of Dr Fenech Adami in one of the referred letters unquestionably confirm the Nationalist Party's agreement on spring hunting as being an integral part of the provisions of Malta's Accession Treaty :"Dak li il-gvern Nazzjonalista ftiehem ma' l-Unjoni Ewropea  hu miktub iswed fuq l-abjad fit-Trattat ta' Shubija Dan jassigura li l-kaccaturi u nassaba bhalhek se jkomplu jippratikaw id-delizzju taghhom fis-shih" (What the Nationalist Party agreed with the European Union is written in black and white in the Accession Treaty. This assures hunters and trappers like yourself that they will remain practising their pastime in its entirety).

Perhaps Dr Busuttil might wish to explain this ambiguity if he cherishes his and the PN's credibility.

 

Peter Zammit

Kercem