Divorce Referendum process starts

The process for the holding of the consultative referendum on divorce was formally launched with the publication in the Government Gazette of the resolution and referendum question approved by Parliament last Wednesday.

The next step will be the publication of a writ by the President formally declaring May 28 as the day when the referendum will be held. The writ is expected to be published at the end of the month after the President returns from his state visit to Australia.

The logistics of the referendum will then be taken in hand by the Electoral Commission.

The process is similar to that for the holding of general elections. All persons over 18 years of age listed in the Electoral Register (the one published in October) are entitled to vote.

The major difference is that Malta will be considered as being one electoral district. Ballot counting is expected to take place at the Mediterranean Conference Centre.

The law provides that only the political parties represented in parliament may oversee the process carried out by the Electoral Office.

Early next month the Electoral Commission will issue the call for party representatives, assistant commissioners and counters to take part in the process.

The resolution approved by the House reads:

THIS HOUSE:

NOTES the Private Members’ Bill (Number 206) about the introduction of divorce, which is currently before the House;

RECOGNIZES that neither side represented in this Parliament has an electoral mandate relating to a law on divorce in our country during this Legislature, which law is a major legislative measure of very historical and significant impact on our society. For this reason, the House:

RESOLVES that before commencing the debate on the Private Members’ Bill (Number 206), and not later than fifteen (15) days from the approval of this Resolution, a Consultative Referendum shall be called as provided in article 3 of Chapter 237 of the Laws of Malta, and that such Consultative Referendum shall be held on Saturday, the 28th day of May 2011;

RESOLVES that the question to be put in this Consultative Referendum shall be: “Do you agree with the introduction of the option of divorce in the case of a married couple who has been separated or has been living apart for at least four (4) years, and where there is no reasonable hope for reconciliation between the spouses, whilst adequate maintenance is guaranteed and the children are protected ?”;

RESOLVES that no public funds should be used before or during the referendum campaign, in favour or against any particular opinion;

RESOLVES that this decision be communicated to the President of Malta and to all responsible authorities, including the authorities responsible for its publication in the Government Gazette as required by law.