Animal Welfare Commissioner Elliot Magro said that his Office is drafting a recommendation to change the law so that confiscated animals can be rehomed without having to wait years for court proceedings to conclude, warning that some animals spend much of their lives in cages, while their chances of adoption diminish.

In an interview with The Malta Independent, Magro said that, under the current system, animals confiscated in connection with criminal proceedings generally remain in the custody of the Animal Welfare Department until the relevant court case is decided, unless their owners agree to their transfer.

As proceedings can take several years, the animals may spend a considerable part of their lives waiting for an opportunity to be rehomed, he said.

"These animals are being kept, for example, for three years under the care of Animal Welfare without the opportunity to give them a second chance," he said.

Magro said that the situation was particularly concerning for dogs, whose chances of finding new homes diminish as they grew older.

He said he was working on a recommendation to amend the law to create a separate procedure through which confiscated animals could be transferred or rehomed while criminal proceedings continued.

"I'm working on this recommendation to give a chance to the animals, because, after all, we are here for the welfare of the animals," he said.

He said that at present, the transfer of such animals depends on the consent of the person responsible for them, usually their owner.

Where that consent is not given, animals may remain in the department's care for prolonged periods.

"In cases where the owner does not consent to the dogs being rehomed, they are kept in cages for most of their life," he said.

Asked what would happen if a court subsequently decided that an animal should be returned to its original owner, Magro said the proposed system would involve a separate legal procedure, including the possibility of an appeal, adding that the recommendation was still being developed.

"The court case would take its course, and the procedure for rehoming would take its course as well," he said.

Commissioner working on legislative recommendations

Magro, who previously served in the Malta Police Force and investigated animal and environmental crimes, took up his position as Animal Welfare Commissioner towards the end of July.

He said his experience in the police had prepared him for the role, although moving from law enforcement to the commissioner's office had required an adjustment.

Unlike the police, his office does not have direct enforcement powers.

Previously, he explained, he could receive a report and investigate it himself. Now, he must refer cases to the police or the Animal Welfare Department and follow up on their progress.

"I don't have enforcement powers," he said, describing the change as frustrating at times because he had been accustomed to acting immediately.

Nevertheless, Magro said that the independence of the commissioner's office was one of the reasons he had accepted the appointment.

He said he believed the role could bring about meaningful changes through recommendations supported by research and consultation.

At the time of the interview, he had yet to issue his first recommendations and therefore could not assess how the authorities would respond to them.

He said his intention was to produce recommendations based on evidence rather than personal opinion, making them more difficult for policymakers to dismiss.

Although he considered Malta's existing animal welfare legislation generally adequate, Magro said there was room for amendments addressing offences connected to animal cruelty.

He also said enforcement could be strengthened, while acknowledging that the officers responsible were working with limited resources.

Magro said that greater enforcement, combined with legislative changes and preventative measures, could help address animal welfare problems before they became more serious.

He also pointed to the proactive educational work carried out by the Commissioner's office, including visits to primary schools and the distribution of information to children, as part of efforts to encourage a more preventative approach to animal welfare.