Issue link: https://maltatoday.uberflip.com/i/871892
maltatoday, SUNDAY, 10 SEPTEMBER 2017 News 5 defends possible election of 16-year-olds as mayors Under threat of EU closure, Malta not ruling out new trapping season MATTHEW VELLA BIRD trapping in Malta could soon be outlawed by the European Court of Justice's decision on a controver- sial derogation from the trapping ban. But the ministry for the environ- ment is still planning to commis- sion migration studies of seven finch species, which traditionally are done prior to the opening of a new trap- ping season. Indeed, it is not ruling out the re- opening of the trapping season. The ministry said that the migra- tion studies will correlate the data with bag data from trappers "should any live-capturing derogations be applied during the 2017 autumn sea- son". Finch trapping is banned under EU law but member states can derogate from this ban upon strict criteria. An opinion to the ECJ by its Advocate General has stated that the court should now rule that Malta clearly failed to fulfil its obligations to abide with the Wild Birds Directive, when it controversially reopened the trap- ping season. But the ministry refuted the sug- gestion that the studies, which are at tendering stage, are a prelude to a new season for trapping. "In line with the information out- lined in the tender, it shall in no way be construed or perceived as oblig- ing the government or any other rel- evant authority to take any decision in connection with any derogation under the European Union Birds Directive or any other law or regula- tion," a spokesperson said. The study is for a scientific report on the migration of seven finch spe- cies as well as the Golden Plover and Song Thrush in autumn 2017. It has been customary that such a study is commissioned in time for the derogation from the trapping ban, so that the Maltese government can justify opening the season on the back of low catches in previous out- ings. The data is then reported to the Commission only after the trapping season is over. The ministry has not ruled out it will not reopen the trapping season. The studies will survey and sci- entifically monitor the daily influx of seven species of finches, Golden Plover and Song Thrush; estimate the overall influx of these nine spe- cies per day and for the whole study period; and correlate migration data with bag data for the relevant spe- cies, "should any live-capturing der- ogations be applied during the 2017 autumn season." In a comment to MaltaToday, BirdLife – which sits on the Ornis Committee that consults the gov- ernment on the opening of hunting seasons – said Malta was very likely to lose the ECJ case opened by the Commission against it. "While we would never disagree with any studies which are purposely aimed for the conservation of birds and biodiversity, we believe that Malta is very likely to lose the ECJ case on trapping for finches which will need to be observed and en- forced by the government but also by the trappers," a spokesperson said. "Giving false hope to trappers at this stage could be detrimental for this to happen effectively. We hope to see a courageous government that does what is right and safeguards finches from being trapped in our country." ECJ expected to enforce ban The core of the Advocate Gen- eral's opinon is that she has turned down all of Malta's arguments in re- lation to those conditions necessary to derogate from the trapping ban, namely: 'judicious use'; trapping as a 'tradition'; the argument that there is 'no other satisfactory solution'; the use of clap-nets as a medium of cap- ture that can be derogated; and the fact that this type of nets are a meth- od of capture that is both large-scale and non-selective. Indeed, the Advocate General questioned the capabilities of en- forcement, and expressed serious doubts as to the credibility of the methodology used by Malta. She also expressed strong doubts that Malta can demonstrate that the populations of the seven species of finch can be maintained at a satisfac- tory level. To the contrary, she stated that it may even be that there is some risk that the use of clap-nets by 4,000 li- cence holders over a trapping season of 73 days may, potentially, be "ca- pable of causing the local disappear- ance of a species". BirdLife said the opinion was con- sistent with its position that the Birds Directive had to protect birds, not regulate hunting and trapping them, and that "Member States do not have a carte blanche to derogate". "This AG Opinion also shows what BirdLife Malta has repeatedly sug- gested, that the government was giv- en the wrong advice by the hunting and trapping organisations. "The AG's recommendations clearly go to show that political promises do not justify the adop- tion of a derogation. In view of this, BirdLife Malta reiterates its position taken during the latest Ornis Com- mittee meeting that the government should not accept the recommen- dation by Ornis to open this year's trapping season before a final verdict is delivered by the ECJ later on this year." mvella@mediatoday.com.mt "When someone is chosen for an office, the perspective on life changes. If we have 16, 17-year- olds taking an active role in local politics I believe there is every- thing necessary for these to be a success." Asked if the 16-year-old's partic- ipation would extend to MEP and general elections, Farrugia Por- telli pointed to the Labour Party's electoral manifesto, which prom- ised to give 16-year-olds the right to vote in general elections and to contest in elections for local coun- cils and administrative councils. The government was not going to bind itself to whether or not this will happen in the upcom- ing MEP elections, but would be discussing it with stakeholders including the Minister for Educa- tion, she said. There were other considera- tions, Farrugia Portelli pointed out. "If a 16-year-old is elected mayor, how will this affect their schooling? I don't want to rush things, but I don't think it's going to take five years, either." Asked if this was a simply a populist move, Farrugia Portelli replied that "youths aren't simply an ornament used in an electoral campaign." "If you are capable of voting, aren't you capable of making a change in the town form part of?" The issue was empowering youth, she said, by not just giving them the vote but also by allowing them an active role in governing. Contacted for comment on the proposal, Prof. Andrew Azzopardi, Dean of the University of Malta's Faculty for Social Wellbeing, said that while it could be discussed and criticised at many levels, on his part, he was in complete agree- ment. "My position has always been that if at 16 you can vote, you should also be able to contest." Asked whether youths have enough to deal with as it is; getting to grips with peer relationships, finding their place in the world, not to mention their schooling, Prof. Azzopardi remained posi- tive. "You must bear in mind there are checks and balances in the sys- tem. The party must first choose you and you then must be elected and you need a lot of votes." He acknowledged that teenage years are a time of heightened emotions, but disagreed with the suggestion that such young can- didates would lack the insight and practical experience needed to manage and pre-empt problems arising in the administration of a locality with thousands of resi- dents. . "It's a good question and many people are asking it. It [involve- ment in politics] is of benefit on many levels, even as a person - you get to develop many helpful skills. Now if a training phase would be necessary, that is up for discussion, but what is worrying is that poli- tics, issues pertaining to civil so- ciety are not being taught enough in schools. I don't think it would traumatise. I understand that it requires a big change in mental- ity but notwithstanding this, in all honesty, I see no difficulty." From left: Andrew Debattista, Julia Farrugia Portelli, Clifton Grima and Silvio Parnis (Photo: DOI/Omar Camilleri) Public Consultation Questions • Do you believe that 16 and 17 year-olds deserve the right to vote in general elections? • What are the factors the goern- ment should consider before in- troducing this proposal? • Do you believe that all 16 yeat olds are prepared for this level of civic participation? • What are the disadvantages, if any, of lowering the voting age to 16? • Is there an inconsistency in the fact that , at present, a 16 year old can have certain social re- sponsvilites such as drawing up a will, opening and operating a bank account, and paying taxes if employed, but cannot vote? • Will lowering the voting age result in a more balanced and representative composition of Parliament? • Should be consider allowing 16 and 17 year olds to contest Local Council elections, now that they have been granted the right to vote in such elections? • Should 16 and 17 year olds be allowed to contest Local Coun- cil elections, what do you think of the possibility of them being elected as Mayors?