With only five referendums under its belt, the country is heading towards a divorce referendum that has created controversy even before the date and question have been set.
If voters are called to the polling booths in May to say ‘yes’ or ‘no’ to a divorce Bill, it will only be the sixth time in 140 years that the electorate is asked to decide on an issue outside the confines of a general election.
Given the scarcity of referendums held over the years and the fact that a divorce referendum will be the first asking people to decide on a particular piece of legislation, the task ahead is daunting.
Bar the 1973 referendum which asked Gozitans whether they wanted to abolish the Gozo Civic Council, the other three referendums held in the past 55 years dealt with national issues that had wide-ranging constitutional, economic, social and political implications.
A divorce referendum will be the first to specifically ask people whether they agree with a law that has far less widespread implications, even if it is no less important.
The 1956 integration with Britain referendum, the next one held eight years later asking people whether they agreed with the independence constitution and the most recent referendum in 2003 to determine Malta’s membership in the EU were historical since they gave people the chance to determine the country’s destiny among the community of nations.
Divorce does not fall within this category, even though the Prime Minister has gone on record stating that a decision on divorce is a decision on the future of the family.
Within this context it is important to note that the concept of civil marriage and the recognition of divorces obtained from abroad were made legal in the 1970s by a simple parliamentary vote. Similarly, the 1995 agreement with the Vatican which gave the Church tribunal precedence over the civil courts in annulment cases (if one of the spouses decides to start proceedings in the Church tribunal) was approved in Parliament by a simple majority.
The argument put forward today in favour of a referendum is that neither of the two political parties in Parliament have a popular mandate to introduce divorce.
Over the past week consensus has coalesced around the referendum option and a clear parliamentary majority has emerged favouring a referendum on the core issues that make up the Bill currently before Parliament.
Victory will be determined by calculating the percentage of votes obtained from all valid votes cast. But if history is anything to go by, this simple method to determine victory is no guarantee against controversy.
In 2003 the Labour Party had contested the legitimacy of the ‘yes’ to EU membership victory, insisting that percentages had to be calculated on the total number of eligible voters rather than valid votes cast. This mathematical formula automatically reduced the ‘yes’ vote to 48 per cent from 54 per cent.
Making a sweeping assumption that people generally followed the party’s triple directive asking voters to refrain from voting, vote ‘no’ or cancel their ballot, then Labour leader Alfred Sant had declared that his ‘EU partnership’ won.
The declaration left many flabbergasted even though it mirrored similar controversies instigated by different political camps in the 1956 and 1964 referendums.
With such a short and tumultuous history surrounding referendums the obvious question that pops up when the dust of political bickering settles is will the same happen now with the divorce referendum.
Only a clear answer from the two opposing camps before the referendum as to how the result will be interpreted will avoid a further complication in the long-winded debate ahead.
The five referendums
EU membership – 2003
Date: March 8
Question: ‘Do you agree that Malta becomes a member of the European Union in the enlargement that will take place on May 1, 2004?’
Eligible voters: 297,881
Turnout: 91%
Result (% of valid votes cast): Yes 54%; No 46%
Abolition of Gozo Civic Council – 1973
Date: November 11
Question: ‘Do you want Gozo to remain different from Malta, that is, not only having its own representatives in Parliament, chosen from Gozo, but also representatives in the Gozo Civic Council which, among other powers, has that of imposing special taxes on the Gozitans to be spent according to the wishes of the people of Gozo?’
Eligible voters: 15,621 (only Gozitan voters were eligible to vote)
Turnout: 1%
Result (% of valid votes cast): Yes 77%; No 23%
Independence Constitution – 1964
Dates: May 2, 3 and 4
Question: ‘Do you approve of the constitution proposed by the government of Malta, endorsed by the Legislative Assembly, and published in the Malta Gazette?’
Eligible voters: 162,743
Turnout: 80%
Result (% of valid votes cast): Yes 54%; No 46%
Integration with Britain – 1956
Dates: February 11, 12
Question: According to historian Joe Pirotta the text of the question was very detailed since it laid out the basic principles of the Labour government’s proposal for integration. However it is unclear whether the actual question on the ballot paper contained the full text or was an abbreviated version. In brief, voters were asked whether they agreed with the principle that negotiations for closer association with Great Britain will be based ‘on a complete equality of status between the two people’.
Eligible voters: 152,783
Turnout: 59%
Result (% of valid votes cast): Yes 77%; No 23%
Priests’ eligibility to government council – 1870
Date: N/A
Question: ‘Are ecclesiastics to be eligible to the Council of Government?’
Eligible voters: 2,464
Turnout: 60%
Result (% of valid votes cast): Yes 96%; No 4%
ksansone@timesofmalta.com