The Malta Independent 16 July 2026, Thursday
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Three red flags

Mark Said Thursday, 15 January 2026, 07:28 Last update: about 7 months ago

In 2014 and 2015, Malta adopted several measures to benefit from the derogation laid down in Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds. Those measures authorised the capture of seven species of finches using traditional nets ('clap-nets'), subject to compliance with certain conditions.

However, by a decision of the Court of Justice of the European Union dated June 21, 2018, the 2014 and 2015 measures authorising the autumn trapping of finches were declared to be not in conformity with the Directive since they did not contain any reference to the absence of another satisfactory solution.

That decision also found that Malta had not adduced evidence that the derogation at issue was used under strictly supervised conditions within the meaning of the Directive.

By another decision of the same court dated September 19, 2024, Malta's trapping of protected finches for "research purposes" was declared illegal. Minister Clint Camilleri had argued at the time that the ECJ ruling had only found "minor breaches" in the way Malta implemented the research project. He also stated that he remained resolute in defending the lawful practices of hunters and trappers.

Notwithstanding a meeting between the Commission's Environment Commissioner, Jessika Roswall, and Minister for Gozo and Planning, Clint Camilleri, it has now transpired that the EU Commission was not notified of Malta's finch trapping season, which opened in October 2025. The Commission confirmed that it had not endorsed Malta's trapping derogation, stating the current season is likely in breach of EU law and that the formal notice sent to Malta in February 2025 was still valid.

In all probability, the Commission will refer Malta back to the Court of Justice of the European Union in the coming weeks because this year's season has authorised 2,932 finch trapping sites alongside 1,641 sites for golden plovers and song thrushes, an increase of 177 sites compared to last year.

Deep down, the minister knows this has absolutely nothing to do with science and that 'science' is being abused to enable the trappers to continue to fill the aviaries with protected birds and sell them on the black market.

As things stand, once more, it all seems like a lost cause for the government, but expect it to persist in its intransigence not to lose precious votes.

We are clearly heading for a third uncompromising condemnation by the ECJ!

                                         Ethical guidelines for MPs

It was somewhat shocking to read that the Standards Commissioner ruled there are no ethical guidelines obliging MPs to tell the truth. As expected, this invited a plethora of negative comments and reactions, including from the Archbishop.

As things stand, apparently, the Speaker can't judge the accuracy of what MPs say, and that's up to other MPs, via statements, motions or debates.

And if no MP raises the issue? Nothing happens. The record remains uncorrected. The public is misled. Trust erodes. This isn't just a bureaucratic shrug; it's a gaping hole in parliamentary standards. An MP can stand up in the House, say something demonstrably false, and walk away without correction or consequence, so long as they remain "orderly".

An MP is not allowed to call another MP a liar because he would thereby be telling the truth, thus contravening parliamentary etiquette.

This is not accountability. It's a culture of impunity, protected by antiquated rules and political convenience.

If we want to restore public faith in politics, we need more than polite debate. We need enforceable standards, real consequences for dishonesty, and an independent system capable of calling out falsehoods, no matter who utters them.

Parliament is not a theatre for reputation management. It's supposed to be where the truth is spoken on behalf of the people.

It's time the rules reflected that.

                                                 Of band clubs and forts

The government has a €30 million programme to purchase the premises of several band clubs to safeguard them from eviction due to old rent laws. As of late 2025, the government has finalised the purchase of at least 14 band club properties.

All well and good, since band clubs form an integral part of the Maltese Festa, which has enjoyed recognition by UNESCO as part of the Representative List of the Intangible Cultural Heritage of Humanity since December 2023.

Forts, too, form an integral part of Maltese history and culture and should be equally safeguarded by the government.

Now that there is a €2.5 million promise of sale agreement between MIDI plc, which owns a 99-year lease on Tigné Fort in Sliema, and developer Joseph Portelli, the government should step in by first denying its approval for this transfer based on the emphyteutical deed signed in 2000 and then proceed to fork out the amount of €2.5 million to buy back the Tigné Fort emphyteusis, thus safeguarding heritage, ensuring public access, and reinforcing its commitment to protecting national icons.

Safeguarding Fort Tigné ensures that its historical association and embedded meaning are passed down to future generations for them to enjoy and treasure.

 

Dr Mark Said is a lawyer


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