Issue link: https://maltatoday.uberflip.com/i/783519
2 TIM DIACONO THE European Court of Justice will next week hold its hearing on finch trapping in Malta, a practice that was banned following Malta's accession to the EU but re-intro- duced by the Labour government. The European Commission of- ficially referred Malta to the EU courts in September 2015, after the government ignored its formal warnings. Trapping of all birds is prohib- ited by EU law and was phased out and eventually banned in Malta in 2009, in line with its EU acces- sion treaty. However, the Labour government in 2014 reintroduced the trapping of seven species of wild finches – on the assumption that it can justly derogate from EU law in a similar fashion to spring hunting. This is because an article in the EU Birds Directive allows EU member states "where there is no other satisfactory solution…to permit, under strictly supervised conditions and on a selective ba- sis, the capture, keeping or other judicious use of certain birds in small numbers". However, the European Un- ion's Environment Commission – spearheaded by former Labour minister Karmenu Vella – has ar- gued that the traditional Maltese use of clap nets is a non-selective trapping style, and that trapping birds for leisure does not consti- tute a "judicious" reason to dero- gate. The Maltese government will be represented at the courts by the Attorney General – who has been aided by local law firm CCX Ad- vocates and global law firm Stibbe. The European Commission will be represented by Maltese lawyer Ken Mifsud Bonnici and German lawyer Christoph Hermes, both legal advisors on environmental law. In a Facebook post, BirdLife Malta decried the practice of finch trapping, warning that the birds are kept in small cages for hours in order to attract more finches to the trapping sites. "The stress of being handled, transported and kept in a confined space is often fatal," it said. Hunting federation FKNK has sent over 11,000 letters – each individually signed by a Maltese trapper – to Karmenu Vella, urg- ing him to safeguard the "socio- cultural tradition" of trapping. "Back in September, Vella had as- sured the FKNK that he will send us a general response to the let- ters," FKNK chief executive Lino Farrugia said in a statement. "As soon as we receive his response, we will publish it for the benefit of the thousands of citizens who have signed and sent a letter." maltatoday, WEDNESDAY, 8 FEBRUARY 2017 News Junior minister insists Farrugia 'outweigh impeachment history' TIM DIACONO THE parliamentary secretary for planning, Deborah Schembri, vigor- ously defended the choice of retired judge Lino Farrugia Sacco as chair- person of the new Lands Authority, describing him as a "man of integ- rity" with vast legal experience. Responding to questions by Mal- taToday at the end of a press con- ference, Schembri said that Farru- gia Sacco's experience outweighed the fact that he was twice recom- mended for impeachment after the Commission for the Administration of Justice found him guilty of gross misconduct while president of the Malta Olympic Committee. Farrugia Sacco, father of Labour candidate David Farrugia Sacco, on- ly escaped impeachment because he reached retirement age before par- liamentary proceedings could begin and after the Labour government did not present a new impeachment motion. "I know Lino Farrugia Sacco from my days as a lawyer, and I remem- ber him as one of the most efficient judges around, who provided some of the most articulate court sen- tences, and was an expert on court procedures," Schembri said. "I won't get into the [Malta Olym- pics Committee] case because it doesn't interest me. His positive attributes outweigh anything he might have done that could have led to impeachment." She admitted that the former judge's appointment was a contro- versial one, but said that she never shies away from controversy if it is for a good cause – citing her involve- ment in the pro-divorce movement a few years ago. In a brief address, Farrugia Sacco said that there will be several checks and balances at the Lands Authority and urged the authority's workers to pull on the same rope for the good of the public. "It will be a tough task and there's a lot of work to do, so we cannot ex- pect miracles overnight. Yet we are all determined to see this through." Former PL candidate and Malta Gaming Authority chief financial officer Carlo Mifsud was also ap- pointed chief executive of the Lands Authority, yet Schembri insisted that his appointment had nothing to do with his political allegiance. "Carlo Mifsud is specialized in fi- nance, banking and business man- agement and holds several degrees. We didn't want to appoint a person who was only expert in one field, as the job requires a person with a spectrum of competences. He was selected by an independent board of experts and I agreed with their choice; I have absolutely no interest in his political background." In his speech, Mifsud said that the Lands Authority will be "built on the foundations of honesty, integ- rity, professionalism and courage". "I have always embraced these val- ues and I am sure the Lands work- ers will too. We need the courage to change the way we work – we shouldn't fear change but view it as a challenge that must be overcome." John Vassallo was appointed vice-chairperson, and Labour MP Clifton Grima was appointed as the government's parliamentary repre- sentative. Opposition leader Simon Busuttil was asked to appoint one of his MPs to the board but refused to do so. William Wait, the chief executive of Projects Malta and Malta Enter- prise, was also named as one of the board members, as was Environ- ment and Resources Authority CEO Ruben Abela. The other members are Maria Cardona, Odette Lewis, Joe Scal- pello, and Ivan Grixti. PN refuses to nominate board member In her press conference, Deborah Schembri repeatedly urged Opposi- tion leader Simon Busuttil to accept her request to nominate a PN MP to the board. "The reason we want an Opposi- tion MP on the board is to ensure transparency as much as possi- ble. The MP will be present for all meetings and will be able to tell the Opposition leader of any problems that might be encountered. I am perplexed as to why the Opposition leader has not seized this opportu- nity." However, in a statement, the Na- tionalist Party said that nominating one of its MPs to the board would mean that it would be giving its blessing to the Lands Authority. "Requesting a PN MP to form part of the board is nothing but a smoke- screen, as the government will still get to nominate the remaining eight members – proof that Castille will be pulling the strings of the Lands Authority," MPs Marthese Portelli and Ryan Callus said in a joint state- ment. "Let us not forget that there was no actual need for the Lands Au- thority, and that it was only set up by Joseph Muscat to try and cover up the abuse registered at the Lands Department under this administra- tion," they said. "If Muscat thinks that the Opposition will approve this falsely independent Authority, then he is gravely mistaken." Maltese finch trapping case at EU courts next week BirdLife Malta decried the practice of finch trapping, warning that the birds are kept in small cages for hours in order to attract more finches to the trapping sites The traditional use of clap nets is a non-selective trapping style