If you think that the Valletta legal notice allowing music till 1am is the only controversial legislation applied at the local council level, think again. The subsidiary legislation emanating from Chapter 363 of the Laws of Malta is replete with instances where the law is not applied equally across this tiny rock, and a great textbook example of showing how the law is indeed, not equal for all.

Littering is the most basic eco-offence of the lot. Although SL549.40 is issued under the Environmental Protection Act, and enforced by the Police, ERA and LESA, there are a number of laws that are applicable only to specific localities under Chapter 363 and with a different range of fines. For instance, if a catering establishment in Sliema fails to clean up and remove deposited litter or overflowing ashtrays, then there’s a fine of at least €50. So too with information booths distributing advertising material (SL 363.227 and 363.330), which is exemplary, but this scenario only applies to Sliema and not to the rest of the country. Is that even fair? The related fines under SL549.40 are much lower, even by half.

Likewise, throwing confetti in Mdina without the permit of the Council is a contravention that carries a fine of €70 but it is only illegal in Mdina (SL363.179).

Anyone vandalising flower beds, vegetation, rides a bicycle or causes a nuisance by playing too close to patrons in what is considered a public space in Ħamrun, Attard, Marsa, Għarb, St Julian’s, Mdina and Attard, gets fined. Again, rightly so, but how about the rest of Malta and Gozo? So if I do the same in Naxxar, Għargħur or Kirkop for example, I don’t get fined at all? And why is it, for example, that if someone over 14 years uses swings in Marsa (SL 363.61) is fined €46.59 for the first offence when the standard contravention in the Criminal Code speaks of over 15 years of age and the fine is at least half?

The consumption of alcoholic beverages is just as confusing. Twelve  localities prohibit loitering in a public place with an opened glass container carrying alcohol but some only refer to glass bottles, others include glass cups together with the bottles and another cluster of localities prohibit the bottle, the glass  and the beer can. The revised legal notice for Msida (SL 363.222) is very eco-friendly as it prohibits the use of plastic and favours bio-degradable containers – but it is the only locality in Malta that caters for this proviso. In Mqabba, non-alcoholic beverages are also prohibited (SL363.152) if contained in glass. There’s a €70 fine for this in 11 localities except Mqabba, where the fine is €65.

Feeding wild pigeons directly or voluntarily leaving food for such birds is a contravention, as is leaving abandoned immovable property open for these pigeons to breed in. But this applies to only 17 localities to date. In Rabat, Valletta, Paola, Gudja and Mosta there’s a fine of €46 whereas in Balzan, Birkirkara, Birzebbuga, Floriana, Pietà, Sliema, Gżira, Msida, Ħamrun, Isla, Lija and Żejtun, it amounts to €46.59. If the offence persists, there’s an added fine of €11.65 for each day in some of the localities and of €12 in others. Same offence but different fines. And there’s no fine in the other 50 or so localities. So one can feed a wild pigeon without any qualms in Mellieħa, Marsaxlokk or Safi for example and won’t be liable to any fine by whatever stretch of the imagination, because it’s not even illegal. How’s that for equality for all before the law?  

Incidentally, music is not the only activity regulated differently in Valletta. If one “affixes, abandons or leaves affixed in any public place any flyers, signs, posted expired permits or any other printed material” risks a fine of €200 the first time, €500 the second time and €1,000 the third time as per regulation 7(3)(5). Anyone who takes out the trash at the wrong time is also liable to the same range of fines. In other localities, however, according to SL549.40, the fine ranges from €150 to €300 in reg.10.

It’s pure mayhem trying to teach officers what the law says and expecting them to remember the who-what-where-how and why of it all. Even drawing up the exam paper is a nightmare. Who’s going to keep tabs on the uneven application of the law? Is it the Environment Commissioner? The one responsible for Standards cannot, as yet, be involved. Thank God for magistrates who preside over tribunal appeals and who point out the obvious gaps in the law, hopefully putting a stop to the chaos. The Valletta music situation is just the tip of the iceberg.