Divorce debate requires leadership

The divorce debate has been on and off the Maltese agenda for many years. It has been debated in many TV programmes and studied by policy think tanks. We are now witnessing an increase in the momentum of the campaign to introduce divorce legislation. Initially, the Leader of the Opposition outlined his personal support for the introduction of responsible divorce, which may have resulted in a post-election policy debate. However, Jeffrey Pullicino Orlando has clearly accelerated timeframes for the debate process by proposing a Bill on divorce. He has read the public mood on the subject and proposed legislation based on the Irish model, which is more likely to be accepted in Malta.

We heard from Dr Pullicino Orlando that the Prime Minister has made commitments to him on timelines for a debate and a prospective referendum. However, the Prime Minister has not been clear on the process that will lead to a decision on the matter. I commend Dr Pullicino Orlando’s initiative to propose a law, which many couples in distressed marriages have been calling for, and I believe he is certainly acting as a catalyst for change.

However, such an important issue requires leadership by our senior politicians – the Prime Minister and the Leader of the Opposition. The leaders cannot abdicate responsibility on the matter by simply allowing one MP to drive the agenda on the matter. The Prime Minister needs to understand the debate has gained significant momentum and will not go away.

It is time for politicians to act as leaders and not as political tacticians. I thus propose that the Prime Minister and the Leader of the Opposition should jointly appoint a bi-partisan commission with a clear mandate to propose divorce legislation. The commission should be adequately supported by a team of advisors to propose a Bill, which addresses Malta’s circumstances. Such a commission should not result in delays or be used as a tool to curb momentum on the matter. Hence, proposals should be made within a six-month period, which will involve consultation.

The mandate of such a commission should not include assessing whether divorce should be introduced or otherwise. This decision should be made by the public through a referendum in 2011. This position is gaining more support across many quarters.

The commission will ensure key considerations are properly addressed to ensure the fabric of society is preserved. This will include ensuring responsibility and consideration is given to dependants. The commission should also examine implementation considerations, which need to be addressed in the event of a pro-divorce outcome in a referendum. Such considerations should include Family Court organisation, processes and resourcing, which will need to address a significant backlog of requests for divorce. Other issues such as mediation, lawyer facilitated divorce processes, the role of children’s services and other aspects, which will facilitate implementation, need to be considered.

It is also paramount that the Prime Minister and the Leader of the Opposition agree on the decision making process for considering divorce. This should ensure the will of the people is executed, either through an agreed legal process for the enactment of the law if supported by the people or through a commitment by the parties to enforce their parliamentary whip in line with the outcome of the referendum. This commitment will bring about an environment conducive to constructive debate where all positions in favour or against the introduction of divorce should be adequately given space to present their views before the referendum.

I urge Lawrence Gonzi and Joseph Muscat to meet up to agree to setting up a commission to propose divorce legislation and also firm up the decision setting a process and timelines for this. If this happens, Dr Pullicino Orlando can be satisfied he has been a force for change and focus on campaigning for his preferred position. However, if this process is delayed, I would encourage him to proceed with his stated intent and sustain the momentum for the divorce debate and referendum.