When a law is not enforced, there are no consequences for either ignoring it or breaking it. In other words, it becomes merely a “legal suggestion”. As with any suggestion, you may choose to ignore it or follow it. If it is a law that is current and should be enforced, it could be laziness, ignorance on the part of the police or other enforcement officer, or political influence at play.
The consequences of not enforcing the law range from unfair to tragic. When a law is passed, we all pay attention, more so if it is a law of major significance that, in theory, will have a great impact (positively or negatively) and, as a result, captures the media’s attention, too. Even subsidiary regulations written to implement the laws passed by the political branches of government may gain prominence. But enforcement is where the rubber hits the road. Sometimes, enforcement of the law does grab national headlines. Most frequently, these examples are interactions between the police and the public. But enforcement of the law stretches far beyond policing. Lately, however, a lack of enforcement of the law tends to hit the headlines more often in media outlets that are not associated with or sympathise with the ruling party.
The importance of paying attention to law enforcement in all of its contexts can never be emphasised enough. Tax law, for example, is in many ways different from housing code regulations. But it is similar in that, without enforcement, the laws written down on pieces of paper are meaningless. Enforcement of the law inevitably involves judgement on the part of whoever is responsible for it. Abuse of that discretion to enforce the law with excessive force or strictness, or abuse of that discretion to enforce the law in too lax a manner, will surely lead to an unruly rule of law.
Ensuring the "right" level of enforcement is no easy matter. It requires the supervision and attention of elected officials and their top appointees, perhaps as much attention as they give to actual policy-making. It requires funding. It requires sending a consistent message across policy areas that laws and regulations not only restrain private action but also place limits on what the government can and cannot do in implementing those restraints.
Enforcement by the state without regard to laws and regulations is a hallmark of a totalitarian regime. But laws and regulations without fair and meaningful enforcement are just symbolic pieces of paper that erode confidence in government. Getting the balance right in all areas of enforcement is critical. That part of the law that provides the means by which it shall be enforced is of as much importance as the law itself.
Often, our legislators pass laws at the request of the reformers in our community, and the reformers go away satisfied with what has been done. Yet, we may read the statistics after the passage of that law and find no convictions under it and no good accomplished. For example, we have had regulations prohibiting construction work from taking place before 7am or after 8pm and on Sundays and public holidays. Yet, these were not being enforced well.
We have also had to contend with noise pollution created by cars, and while it was illegal to install modified sound-amplifying silencers in vehicles, the law in this regard was never adequately enforced. The problem, as in many other areas, is the lack of action by authorities who do not seem to be interested in implementing their own regulations.
It is not that the authorities lack the resources to pursue violators, but how they exercise discretion in deciding whether to prosecute or not. In this way, the rule of law has largely been supplanted by the rule of chance and the rule of executive discretion. Inevitably, political ideology and partisanship have a major impact on the latter.
Enforcement is lacking in every sector of this country. I cannot think of a single entity that is taking enforcement seriously. This is not to say that enforcement is nonexistent, but it is only done when there is a crisis. This has been the practice for years, and governments in Malta, both present and past, do not seem willing to address this issue once and for all and continue to go from one crisis to another.
The government represents the state, and if the state does not enforce the regulations related to the sectors that fall within its remit, it is going to be much harder to enforce regulations relating to sectors that are not directly within its remit. This has a ripple effect that will lead to a lack of enforcement as no one will want to be responsible for it and citizens will cease to observe the law. The government needs to increase resources so that citizens can rest assured that whoever breaks the law pays the price. The authorities should not get bogged down with small issues and lose sight of the whole picture. Resources are necessary, and those who have the authority to enforce the law should not be hindered when they are trying to do their duty.
Enforcement is enforcement, right? If someone is violating a law, and the law specifies the penalties for that, then what is left to discuss? There are various ways to go about gaining enforcement of laws and regulations, but almost all of them involve, at some point, contacting the government agency or department in charge. It is not always easy to figure out what that is, however. In the tangled web of interrelated agencies, authorities, government departments, and local councils and boards, it may be challenging to find the particular level or person who is in charge of the enforcement you are seeking. You may be passed from office to office before you find the right one. If you do so, that is.