An insider's view

May I be allowed to say my own. Recently I have been reading so much trash about what the Labour Party statute says regarding the statutory election of the leadership, after each general election, that I wonder whether certain journalists bother to get their basic facts right. The statute is available for consultation.

Although the statute does not put a time limit on when such an election should be held, it has been accepted practice that the general conference for the purpose should be held within the first month or so after a general election. The only exception was in 1987, when Dr Karmenu Mifsud Bonnici was unwell, and the party decided to postpone the election of the leader. On that occasion, a group was appointed to run the party in the interim, with Dom Mintoff coming back on the scene. The election of the deputy leaders was postponed until 1988, by which time Dr Mifsud Bonnici was definitely back.

The statute speaks of confirmation, change or new election of the leadership. The options are simple. If the leadership presents itself again it can be confirmed, or there may be challenges and an election would ensue. If a member of the leadership states that he would not be running again, then it is a new election.

Although at one time such a confirmation was by show of hands, this evolved into a secret vote. The statute says now that the elected candidate must poll at least 50% plus 1 of the valid votes cast. This amendment became necessary after the 1976 election of the deputy leaders. I won with more than half the votes on that occasion, but Dr Joseph Cassar overtook Wistin Abela while Dr Joseph Abela had 66 votes, which brought the most voted candidate under the 50% margin.

If no candidate obtains 50%, then the French Presidency rule applies, when the two candidates polling the highest number must have a run-off. This was going to happen in 1998 in my case. Under present rules, an uncontested candidate is bound to go through the secret vote ritual to get the 50% endorsement. In 1988 I was uncontested and there was no vote. In 1992 Dr George Vella was uncontested, but there was a vote.

I am starting to think that it would be advisable to have the preferential system of voting, on the same lines as we vote in local and general elections.

This is especially relevant when you may have four contenders and the third may "inherit" the votes of the fourth and place second or first, even with one count. But that is not the case. The statute has to be amended for the future, if the idea gains ground.

Eligible

The Statute also speaks about who can be a candidate, compatible with the function for which he would be elected. The leader has to be a member of the Parliamentary group, as he is the chairman of that group. The only person who can attend the parliamentary group meetings without being elected to Parliament is the deputy leader for party affairs.

Furthermore, the leader has the right to give the official line in Parliament, even on the spur of the moment, and that is binding as a matter of party discipline, or "whip".

The deputy leader for parliamentary affairs has to be an MP and deputises for the leader in Parliament in his absence.

The deputy leader for party affairs can be an MP, and if he is not, then he can attend meetings of the parliamentary group. In 1976, when I was elected to the last-mentioned post, I was a member of Parliament. In 1998 I was not. Journalists should check the facts before saying that someone is attempting to change the statute to avoid any incompatibility.

When journalists try to create potential candidates, anointing them to office of leader, they certainly disregard the statute, which is the law to the party. A leader who is not elected to Parliament has to vacate his leadership post. If the party wants him to be leader then there must be a seat for him in Parliamen, let alone an outsider. This was done in the recent past. Dr Karmenu Mifsud Bonnici, with my consent, took over my post as deputy leader, but that only placed him in the party.

Then an MP (the late Paul Xuereb), who had been elected in a casual election, opted to resign and that opened the possibility of co-option according to the Constitution. This was eventually done, and Dr Mifsud Bonnici was elected by the general conference in mid-term as party leader.

That was possible because there was consensus in all the tiers of the party. Journalists should remember that even a retiring or resigning MP, who had been elected in a casual election, does not appoint his successor in a co-option. The Labour Party votes in a joint meeting of the executive committee and the parliamentary group. This is not legally possible before the election of the leadership which is the first duty of the general conference, unless there is consensus in the parliamentary group, the executive and the general conference. After all it is the parliamentary group that has to vote him in by co-option in Parliament. Imagine a co-opted member who becomes leader with the vote of the opposing party!

Pre-arranged marriages are no longer in fashion, not even in monarchies.