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Conscience rules in absence of mandate (1)

We have it from the pro-divorce movement (March 22) that it is to embark on a Yes campaign in the run-up to a consultative referendum on the divorce issue, scheduled for May 28. The first event will be a public discussion in Rabat on April 10.

Any impression that the Iva movement will enter the fray on the strength of electoral support would be erroneous. The Iva movement seems to have assumed the role of a lunga manus of the two MPs who originally introduced a Private Member’s Bill on divorce without an electoral mandate. Now, without waiting for the referendum outcome, the same movement is already pontificating to MPs as to how they should vote in Parliament on an issue of conscience following the referendum.

It is being argued that MPs are in duty bound “to respect the will of the people who elected them”, and that “they were elected by the majority and, therefore, they should respect the will of the same majority”.

In the specific case of the divorce issue, Jeffrey Pullicino Orlando et al had no mandate to propose divorce legislation. Much less is he (or the Iva movement for that matter) qualified to pontificate on the moral obligation of MPs when they come to vote on an issue of conscience.

As far as I am concerned, I made it amply clear that I am determined to navigate by my own star in matters of conscience.

I have no hesitation in publicly affirming my intention to be loyal to my conscience and steadfast to my principles.

I am comforted by the added knowledge that, ever since I was elected to Parliament, I have had no mandate to tamper with the Maltese social structure by means of divorce legislation. Moreover, all Labour MPs have a “free vote” on this sensitive issue.

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Kenneth Zammit

Mar 29th 2011, 19:38

Mandate or not, consultative referendum or whatever referendum you call it, it is still a result to what people clearly want ! As MPs elected and paid by its citizens, they should represent them and not vote in parliament against them ! If parliamentarians act against the will of the people there will be political consequences! If you have a problem with you conscience then resign.

Joe Micallef

Mar 29th 2011, 20:05

Kenneth Zammit there are two reasons why I don't think MPs are bound by the outcome of consultative referendum 1. The question is a misleading and loaded question 2. The MP represents the quota of electorate that put him in Parliament. Assume the referendum is 60% in favour and 40% against. Should the MP vote in favour as you suggest he will be statistically betraying the trust of 40% of his quota, that is, 40% of the people that gave him the right to vote in parliament who had they been told that there representative would be voting in favour of divorce may well have voted otherwise

victor pulis

Mar 30th 2011, 08:28

Voting according to one's conscience is the best option but not when there are some who would stifle our conscience because it goes against the pope's. JZ often tells us that if our conscience disagrees with what the pope says then it's wrong and we should disregard it.
Of course, we know what to do with this advice.

wally vella-zarb

Mar 29th 2011, 17:24

More than in an election, the results of a referendum clearly say that "The people have spoken and their choice on the proposed motion is ___ ". If an MP does not share the wishes of the majority as expressed in a democratic referendum on any particular motion he has two decent options: (1) abstain when the motion is put up for voting in Parliament or (2) resign from the post of MP because he no longer has the support of the electorate. Any other choice would be indecent because it would show that the MP couldn't care less about the wishes and aspirations of the electorate and therefore no longer deserves employment as a 'representative of the people'.

GiovDeMartino

Mar 29th 2011, 17:49

The people have spoken. They want to be governed by the PN led by Eddie Fenech Adami. But the will of the majority was NOT respected.

wally vella-zarb

Mar 29th 2011, 18:48

If you are talking about thirty years ago you know as well as I do that those were the rules at that time. You should have had the foresight to have the rules changed BEFORE playing and not after you lost - by the same rules under which you had implicitly agreed to contest the election. If you were honest you would also recall that the exact opposite almost happened in 1976 where 'the will of the majority' would have been thwarted by some three votes in one particular district. So eager were you to go against the 'will of the majority' at that time that you called for several recounts, hoping that those three votes would be nullified. So much for honesty!

GiovDeMartino

Mar 30th 2011, 11:25

Dom Mintoff publicly declared: I WILL not govern unless the majority is behind me. The majority was NOT behind him. And yet..............

MBorg

Mar 29th 2011, 18:45

You , as a tax payer should know that divorce is no laughing matter. What JPO did with his private member's bill is indirectly asking us to foot the bill for all the broken marriages, separations and single parents that follow.divorce. MPs should have had a mandate before dealing with such a serious matter.

E Phillips

Mar 29th 2011, 19:53

MBorg,
You, as a taxpayer, foot the bill for many things, social benefits, MP's salaries, roadworks too name but a few. Perhaps you would wish to do away with those as well.

GiovDeMartino

Mar 30th 2011, 17:08

The same as we did to Alfred Sant for ignoring the YES for EU vote.

Anthony Cachia Castelletti

Mar 29th 2011, 17:55

In that case so should GPO, Evarist Bartolo, and all other MPs who supported them without getting a mandate at the last general election

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