A few words about the law that protects animals

Written by Emmanuel Buhagiar – Consultant within the Ministry for Agriculture, Fisheries, Food and Animal Rights.

In Chapter 439 of the Animal Welfare Act we find that this law is well rounded with various articles to protect the life of animals and prevent cruelty to them. The State protects animals which means any creature of the animal race except humans and also includes the larvae of an insect that is living alone. The law provides for harsh penalties of fines and imprisonment or both together.

From time to time, some changes are made so that such a law always complies with the needs of the law. In 2014, a change was also made where the State introduced for the first time the appointment of a Commissioner for the Proper Treatment of Animals. The Commissioner’s function in this regard is to provide a shield so that what is not being done according to the law or where the Public, after having made reports of cruelty to animals to the Directors for the Appropriate Treatment of Animals and the Directors for Veterinary Services, can investigate such reports.

When it comes to animals there are also other laws that we often come across. One of the laws is Chapter 312 the Dogs Act which should also be amended at some stage. The executive Police use it from time to time especially Article 5 (1) which states; The Commissioner of Police may prohibit a licensee from keeping more than one dog in any house situated in an inhabited place within the meaning of the Code of Police Laws.(2) For the purposes of sub article (1) any person in whose house any dogs are found, shall be deemed to be the person keeping those dogs, unless the contrary is proven.

Here the Public who wants to keep some dogs in their house as pets should be aware of such restrictions that not because they have space to keep more than one dog this does not disregard other laws where these are enforced only by the Police. When dogs are kept in the house and they are disturbing the neighbours through barking or noise, they can be brought to Court and charged under Chapter 10 of the Police Laws under Article 153, which states that any person who locks or causes, or allows, any animal to be locked in any place, must take such precautions as are necessary according to the circumstances to prevent that animal from disturbing the neighbours, through barking or howling or otherwise.