The Next Step Forward: From Rescue to Responsible Governance

Malta’s approach to domestic animal welfare is stuck in reactive mode, constantly contending with animal suffering instead of proactively preventing it. While most of us cherish our pets like family, the true measure of our compassion is how effectively our laws protect all animals, from stray cats to farm animals and wild birds. Last October, Momentum held a Vision Circle on Animal Rights and Dignity at the Birdlife Salina Reserve. These discussions have resulted in several proposals, beginning with domestic animal protection and responsible ownership.

The Critical Need for an Independent Ombudsman

The instability that undermines animal protection starts at the top. Malta’s current model is reactive, often delaying action due to a lack of executive power and unstable contracts. We propose transforming the current government-appointed Commissioner for Animal Welfare role into an Animal Protection Ombudsman: a powerful, independent regulatory body modeled on best international practices.

Currently, the Commissioner is appointed directly by the Minister, making the role vulnerable to the whims of changing political leadership. We propose that the Ombudsman be answerable directly to Parliament and appointed for a five-year term. This shields the role from political pressure, allowing for consistent enforcement and ensuring that essential strategies, like mass neutering and education campaigns, can survive ministerial tenure.

Crucially, this Ombudsman must be granted executive powers to swiftly enforce the law, inspired by the Norwegian Animal Welfare Act (2009). The Ombudsman’s powers would include issuing immediate administrative fines, rapid confiscation orders, and emergency directives. Furthermore, they would become the sole authority for whistleblower protection in animal cases, ensuring reports lead to real action.

Establishing Accountability and Deterrence in the Courts

Public confidence in our justice system is low due to inconsistent sentencing for animal cruelty. To ensure the consistent application of the law, we propose the establishment of a dedicated Animal Protection Magistrate.

While Malta’s judiciary has traditionally been composed of generalist magistrates, the tide is turning toward specialisation to meet the complexity of modern law. We have already seen this evolution with the Juvenile Court and the Family Court, and most recently with the 2024 reform establishing a dedicated cohort of Inquiring Magistrates. These shifts prove that specialised expertise leads to more efficient and consistent justice. Animal cruelty cases often require deep insight into veterinary, behavioural, and ethical evidence, expertise that a generalist court may not always prioritise.

For example, while the widely reported case involving the Sliema cat killer at first, resulted in a two-year effective prison sentence, equally severe, prolonged cruelty such as large-scale neglect or hoarding often receives only minimal fines or suspended sentences. This demonstrates that sentencing is too often driven by the immediate emotional impact of the crime and social media influence. However, even this landmark sentence was recently revoked on a technicality and sent back for re-sentencing. This only highlights the need for a system where the punishment strictly matches the gravity of the abuse.

Addressing concerns regarding human resources, this does not require a magistrate to be occupied solely by animal welfare cases. Instead, we propose an exclusive assignment of the subject matter: while the magistrate continues to handle other legal areas, all animal welfare cases nationwide are funneled specifically to them. This can be supported by a priority roster system, where animal welfare filings are automatically fast-tracked to the front of that magistrate’s schedule to avoid the delays of the general backlog. By ensuring all cases go before the same specialist, we minimise technical errors and provide a consistent shield for the vulnerable without straining judicial resources.

To support this role, the position must be underpinned by clear, mandatory sentencing guidelines which must include severe financial penalties and a lifelong ban on serious offenders from owning any more animals. Beyond penalties, we must reinforce responsibility by drawing inspiration from Spain’s Law on Animal Rights (2023), mandating training for certain dog breeds and adopting the concept of “Reverse Onus” for illegal cosmetic procedures.

From Protocol to Performance: Urgent Frontline Reform

Enforcement agencies are the backbone of protection, and we must empower them to deliver immediate and reliable intervention. We propose a major investment in the Animal Welfare Directorate (AWD) focused on three key areas:

• 24/7 Response Capacity: The AWD must receive a major budget increase to hire more inspectors and operate a reliable 24-hour rapid response team.
• Cross-Agency Training: Police and LESA must receive specialized training in animal welfare and enforcement protocols.
• Essential Equipment: All frontline authorities must be equipped with microchip scanners to accelerate medical aid and the enforcement of ownership responsibility.

Furthermore, we mandate a clear legal requirement for drivers to stop, report, and provide aid if they hit an animal, regardless of species. This is modeled on the Swedish law (Viltolycka), which imposes a mandatory criminal duty to report any collision. We propose LESA be the primary responder for animal traffic injuries, ensuring rapid intervention.

Momentum believes that these comprehensive proposals offer a bold vision to modernize our nation’s relationship with animals. Moving beyond reactive management requires political courage to build a proactive system that truly reflects the compassion of the Maltese people.

There is hope, you can help!

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