Enforceability of companion animal welfare law : a comparative analysis

Abstract

Animal welfare is not an unfamiliar concept and is in fact a common phrase in everyday discussion on the topic. The term ‘animal welfare’ has several layers to it which require analysis to truly understand an animal’s needs. Despite this, the level of protection and awareness surrounding companion animals remains a hot topic. Enforcement issues crop up often in the media, leaving the public outraged at the apparent lack of observance by those wrongdoers as well as the alleged lack of enforcement by the relevant authorities. Therefore, this research study sets out to analyse the enforcement provisions of both the Maltese Animal Welfare Act and the British Animal Welfare Act. By comparing these, contrasts are drawn out and analysed in further detail to highlight what areas may require additional attention to compel such observance and implementation of animal welfare legislation. Moreover, the differences in enforcement procedures in the respective jurisdictions instigate inspiration for change. Penalties awarded are also analysed in detail through an enforcement perspective of the local and foreign Courts to establish whether they bear any hindering effect on perpetrators, and if not, what more can be done. Recommendations are drawn in conclusion on the basis of these findings which may serve as possible areas for future development, research and discussion in legislative matters such as more detailed provisions in the law and overall harmony in the penalties following.