Time and time again, this government has reiterated the necessity of working hand in hand, directly and indirectly, with all those involved within the Fishing and Aquaculture sectors.

The reason why is obvious: No one can deny the significant economic, cultural and social impact that these industries have historically retained, and continue to have to this day.

In this light, this government recognises the need to significantly support these industries as necessary. To date, several financial schemes, incentives and infrastructural projects were successfully set in motion. These have all directly contributed towards bettering the everyday lives of our fishermen, while protecting them to the best of our ability from foreign economic and political threats.

In parallel, as legislators we are obliged to ensure that the legal and policy frameworks in place leave their desired beneficial impact on our community. As representatives, we need to truly reflect the present aspirations and needs of the local population, while protecting the future interest of the whole community. This balancing act was indeed the fulcrum for the latest Fisheries Bill, which I presented in the House of Representatives earlier this week.

This Bill contains hefty amendments to the Fisheries Conservation and Management Act, the main legislation regulating the fishing industry. Our aim for this Bill is to strengthen the continuous and multilateral support that this government offers to our fishermen. This Bill will also open the doors for the provision of additional opportunities for our fishermen, while also pursuing new avenues in strengthening the sector.

The main urge for change, however, was ensuring a fairer, and more effective judicial framework; a legal system which recognises the everyday realities of our fishing communities, lays down more reasonable fines and is more proactive in helping out those who suffered unwarranted damage to their livelihoods.

Should our proposals be enacted, we will be empowering the Courts and public agencies to prevent irregularities which skew the livelihood of the responsible fishermen obeying the law. At the same time this Bill will ensure that the punishment handed down to those found guilty of these offences are not disproportionate, thus pushing one-time offenders into a vicious circle of illegality from which they find it hard to escape.

We are also intent on addressing disproportionate delays that local fishermen face when subject to criminal proceedings. We asked ourselves whether the Criminal Courts were the appropriate forum for addressing such illegalities: the result of our research and consultation is the drafting of a process that is more streamlined and effective, and which alleviates some of the burdens imposed by lengthy judicial proceedings.

The new judicial process we are proposing substitutes most criminal offences within the act into administrative ones; naturally, grave offences such as obstruction of justice and fuel smuggling, were kept as is.

The procedure of how administrative offences, under the Fisheries Act, are to be prosecuted from here on was also laid down in this Bill, in keeping with the legal principles established in administrative law.

We are also clarifying the role of the Fisheries director and the delegated officials, in monitoring the sector. The director is now empowered with additional regulatory powers, including the issuing of all fishing licences.

Additionally, this Bill will also empower officials to survey, investigate and prosecute all possible irregularities, without the need to be accompanied by members of the Armed Forces. In return, we strengthened the provisions related to any offence caused against these public officials while on duty, ensuring that well-boding fishermen will continue adhering to these regulations, without any additional risk to our public officials.

An innovative proposal in this Bill is the empowerment of officials to dispose of illegal cargo seized during their investigations in more practical ways. These include the return of the cargo to the accused by form of a personal guarantee, the judicial sale by auction of the cargo or its donation to philanthropic organisations. These tools will ensure that the disposal of the corpus delicti will be fair and practical, without adding to the responsible officers’ workload.

This comprehensive, multi-faceted Bill may provide one of the most significant changes to the fishing sector in Malta in at least a generation. Through this reform, we are showing compassion to those erring while earning their livelihoods in oftentimes treacherous waters; while at the same time reaffirming our zero-tolerance policy for serious criminal offences.

As transformative as this reform will be, it is certainly not the be-all and end-all for this government. During the next few months, we shall pursue to do even more, for the benefit of everyone involved.

Alicia Bugeja Said is the parliamentary secretary for

Fisheries, Aquaculture and Animal Welfare