Convicted animal abusers should have their names added to a court-held list of people found guilty of such crimes, the government is proposing.

Amendments to the Animal Welfare Act currently being debated in parliament propose creating a list of animal abuse culprits who will be prohibited from keeping animals for a period of time established by a court.

However, the proposed law makes no mention of the register being made public and instead says that it should be held by the court. 

Presented to parliament by Agriculture Minister Anton Refalo in October, the bill seeks to bolster existing legal safeguards for animals and grant authorities greater powers to investigate and prosecute crimes related to animal abuse.

Advanced warning for searches

Among the changes proposed is empowering the animal welfare directorate to carry out searches without any advanced notice when a “reasonable suspicion” of wrongdoing exists. Currently, suspects must be given at least 24 hours notice before searches are carried out.

“This has been counterproductive,” Refalo said in parliament on Wednesday, adding that the government is also proposing to allow the Animal Welfare Directorate to turn to private organisations or NGOs to help it do its job.

The Bill also proposes significantly expanding the courts’ powers to distance suspected animal abusers from their victims.

Apart from allowing courts to prohibit anyone convicted of an animal welfare-related crime from keeping animals or living in a place where animals are kept, the bill also proposes giving the courts the power to enforce such a ban before a case is decided, if it believes there is “prima facie evidence” that abuse has taken place.

Defining a 'circus'

The legal definition of what constitutes a “circus” is also poised to be broadened. Currently, a circus is defined as any place where animals “are introduced for the purpose of performance, manoeuvres and shows or otherwise”.

The new bill proposes changing that to “any exhibition put on by exhibitors for profit, and viewed by the public for entertainment which offers amusement and display, and where animals are made to perform tricks or manoeuvres, which do not reflect their natural behaviour or does not offer any educational value.”

Animal circuses are banned in Malta.

Tensions over what constitutes a circus have in recent months led to protests outside a dolphin park in Baħar iċ-Cagħaq. While animal rights activists argue that the Mediterraneo Marine Park should be classified as a circus and therefore shut down, park owners insist that it is an educational zoo focused on teaching children about dolphins.

What is a 'dangerous dog'?

Perhaps controversially, the bill also codifies the concept of “dangerous dogs” into law, empowering the minister to create a list of dog breeds deemed ‘dangerous’ and outlining how such breeds should be regulated.

Many animal welfare activists argue that no particular breed of dog is inherently dangerous, and that it is, instead, the way it is raised that renders it a threat.

Opposition spokesperson for animal welfare Janice Chetcuti made that point when responding to Refalo’s presentation of the bill.

Chetcuti told parliament that she wholeheartedly backed some of the government’s plans, such as the creation of an animal abuse register or doing away with notification periods for urgent searches.

What about groomers and breeders?

But she also expressed concern about some things listed in the bill, as well as some things which have been completely left out of it.

One issue she flagged was the proposal to allow exceptions to the use of animals as “props or extras in artistic, theatrical, or cinematic performances, sporting competitions or any other events” if those exceptions are green-lit by the director of veterinary services.

Animal mistreatment, Chetcuti argued, remained mistreatment even if approved by an official authority. If the bill sought to forbid abusive practices, it should do so entirely and not allow for such exceptions.

Chetcuti also noted that the bill made no attempt to regulate animal breeding or pet grooming – two growing niche industries that operate within the regulatory shadows.

The minister had said last summer that the government “has been working to regulate” pet grooming, with the Veterinary Surgeons Council tasked with drafting a law to that effect.

And Animal Welfare parliamentary Secretary Alicia Bugeja Said has blamed unregulated breeding for the ballooning number of abandoned dogs.  

However, the bill currently being debated in parliament makes no mention of either of those two issues.

What about hunting? 

Speaking during the debate, PN MP Albert Buttigieg noted that article 48 of the existing Animal Welfare Act makes an explicit exception for the hunting of wild animals. 

In such cases, animal welfare provisions do not apply. 

Buttigieg argued that if it truly believed in animal welfare, the government should strike this provision from the law.

"Otherwise," he told parliament, "we would be literally acknowledging that some animals are more equal than others."