Divorce referendum should be based on a draft law

The main question in the Misco survey on divorce, ‘If a referendum is held, would you vote in favour or against the introduction of divorce?’, was too generic, since there are so many types of divorce legislation that can be introduced. Some who answered ‘No’ may have replied differently had the question been phrased in another way.

I believe many could have answered ‘No’ because they have been led to believe that divorce legislation would open the way to the legalisation of abortion, when divorce and abortion are as similar as chalk and cheese. And both major political parties have repeatedly stated they adamantly oppose the legalisation of abortion.

Others may have replied ‘No’ because they imagine divorce legislation would lead to a situation like that in Nevada, home of ‘quickie’ divorces.

It is significant that 63.5 per cent of those in the 65-plus age bracket, namely those who are rarely affected personally by divorce legislation, replied ‘No’.

My considered view is that the civil rights of a substantial section of Maltese society should not be subjected to the opinion of the majority, who after all, may not be affected, or have any interest, whether divorce legislation is introduced or not.

But if a referendum is to be held, it should be on a draft law which could be discussed and negotiated between the political parties, civil society and the Church, if the Church is prepared to give its contribution. Thus, if the people approve the draft law, it will be a very serious piece of legislation which protects mostly the most vulnerable party in divorce proceedings.

Once Jeffrey Pullicino Orlando has tabled a draft law on divorce based on the serious legislation found in Ireland – where divorce can only be given once a couple has been separated for at least five years – this draft law can be the basis of the discussion to be held in Parliament.

There, amendments could be made to it after considering the input of all those interested in guaranteeing that any divorce legislation, if introduced in Malta, will be a very serious one.

What should certainly be avoided is to have a referendum on the same question used in the Misco survey, namely, whether one is in favour or against the introduction of divorce, without specifying the kind of divorce legislation being proposed.

After all, the referendum on EU membership was held after negotiations had been concluded on the ‘membership package’. The Maltese did not vote on whether they wanted EU membership or not, but on the conditions which had been agreed upon with the EU. The same should be done in the case of divorce legislation.

If, on the other hand, a referendum is held on the simple question of whether one was in favour or against divorce, then, whoever is in government following the referendum which could result in a ‘No’ majority, would be justified in presenting a new draft law on divorce and put it once again to a referendum.

And this time people would know exactly what they were being asked to vote on!