Divorce decision should be by referendum not election – PM

A decision on the introduction of divorce should not be taken at a general election but in a specific referendum, Prime Minister Lawrence Gonzi said yesterday.

Although he did not want to rule out any options, he believed it would be “wrong” to ask the electorate to vote on the issue during a general election, when they were also being asked to choose between one party and another.

Speaking during yesterday’s Bondiplus television programme, Dr Gonzi said the people’s decision would have to be taken after Parliament discussed the issue and after all MPs have had the opportunity to “freely express” their opinion on the matter.

Last week, after a meeting with Dr Gonzi, Nationalist MP Jeffrey Pullicino Orlando – who broke new ground when he presented a Private Members’ Bill on divorce – said a decision had been taken for a divorce referendum to be held next year, following a parliamentary debate.

However, the next day Dr Gonzi toned that pronouncement down, warning against speaking about referenda at this stage because of the parliamentary process that had still to take place, allowing the debate in Parliament to decide on how the issue should be concluded.

Yesterday, for the first time since the divorce debate began, the Prime Minister expressed his opinion against linking the divorce decision to an electoral campaign and spoke about taking the issue to the electorate for a vote through a “specific referendum”.

“A fundamental point is that there is surely no mandate to introduce divorce in this legislature. No one had mentioned the divorce issue prior to the last general election,” he said.

“The first time we heard about divorce during this legislature was when (Labour leader) Joseph Muscat publicly said that if he became Prime Minister after the next general election he would present a Private Members’ Bill.

“This for me was scandalous because it meant he wasn’t even going to include it in his electoral programme and take us by surprise when he became Prime Minister. The point, however, is we don’t have the mandate to introduce it in this legislature.”

He spoke in favour of a “mature” and “objective” national debate on the issue “without being extremists” because, at the end, a decision had to be taken “in society’s best interest”.

Dr Gonzi said: “Since there is no mandate, the only way for a decision to be taken is to leave it up to the electorate to take an informed decision. The country cannot afford to have a never-ending debate.”

While this national debate was taking place, there was also Dr Pullicino Orlando’s Bill that had to be debated “so that all 69 MPs can freely express their opinion on the issue” before this is presented to the electorate.

Asked whether the electorate’s voice would be heard through an election or a referendum, Dr Gonzi did not think the issue should be linked to an election, although he insisted he “was leaving all options open”.

When asked directly whether he favoured a referendum Dr Gonzi replied in the affirmative. He felt this was what he had said at the very beginning when the issue was first raised and had been consistent throughout. He said this issue was an important one and rarely did the citizens of Malta have such a difficult choice to make.

“We have to make this choice maturely and seriously and understand that there are people who are hurt and want a solution (to their misery) but there are also those who believe in the institution of marriage and that this is a lifetime commitment,” he said, while reaffirming his position in favour of marriage as a lifetime commitment.

Separations and annulments

Home Affairs Minister Carm Mifsud Bonnici told Parliament yesterday that there were 605 pending cases for separation and 343 cases for annulments. He was answering a question in Parliament by Jeffrey Pullicino Orlando (PN).