The Animal Welfare Act 2001 revisited after the 2014 amendments : recent and possible future developments in Maltese animal welfare legislation

Abstract

This thesis focuses on the debate brought to the fore by the term “animal welfare”. It investigates to what extent animal welfare legislation, as incorporated in the Animal Welfare Act, provides an adequate framework to protect, empower, and enforce the established forms of human-animal interaction. This interaction widely known as the ‘Five Freedoms’ includes the following freedoms: (a) from hunger and thirst; (b) from discomfort; (c) from pain, injury and disease; (d) to express normal behaviour; and (e) from fear and distress. These states offer archetype models which may not always be possible to achieve in their superlative form, but standard versions of the minimal requirements within each category should be satisfied in order to warrant acceptable standards of animal welfare. This study is prompted by an enquiry into whether Maltese Legislation is adequately addressing the needs of animals, after having undergone a process of additional bye-laws between 2014 and 2016, as well as amendments to the principal Act in 2014. How is the Legislative arm of the State (a) ensuring the highest level of animal welfare protection and (b) implementing the plans of its Executive in response to the aspirations of the public? This analytical approach will try to identify gaps which are in existence despite the Maltese legal instruments in place. In order to address these lacunae, recommendations will be put forward based on the research conducted.