Voters will be asked whether they agree with spring hunting in a referendum on April 11. Kurt Sansone clarifies some of the confusing procedural issues.

The referendum question on the ballot

“Do you agree that the provisions of the framework for allowing a derogation opening a spring hunting season for turtle dove and quail regulations (Subsidiary Legislation 504.94) should continue in force?”

What does the question mean?

Spring hunting is possible because of a legal notice that lays down the parameters within which hunters can shoot quails and turtle doves for a limited period. Without this legal notice, the government will not be able to open a spring hunting season. The referendum question is asking electors whether they agree that this legal notice should remain in force.

Why is the question so complicated?

The question is determined by the legal provisions of the Referenda Act. Neither the Coalition Against Spring Hunting, which instigated this referendum, nor the government had a say in how it could be worded.

The Referenda Act lays down how the petition requesting an abrogative referendum should be worded. The eventual question put to voters mirrors these strict parameters.

On the contrary, the question in consultative referendums (like the divorce and EU membership referendums) is set by the proposer and can take any shape or form as long as the answer requested from voters is a Yes or No.

It has to be kept in mind that, unlike all previous referendums, the spring hunting one is an abrogative referendum requested by voters, seeking to abolish a law.

The implications of an abrogative referendum are legal and immediate unlike the outcome of consultative referendums, which can be ignored. This is why the law includes strict parameters on how the question is asked.

Anti-spring hunting campaigners will be hoping for a No vote. Photo: Matthew Mirabelli

So, what does voting Yes and No mean?

If you want spring hunting to continue vote Yes.

If you want spring hunting to stop vote No.

Those voting Yes will agree to retain the law that makes it possible to open a spring hunting season.

Those voting No agree that the law should be removed, putting a stop to spring hunting.

Why then did the anti-spring hunting lobbyists appear with Yes placards?

Initially, there was confusion as to what question would appear on the ballot. The confusion arose from the different wording in the Maltese and English versions of the Referenda Act.

The anti-spring hunting coalition based its call on the English version that would have asked whether people wanted to abolish the legal notice – in which case they would have campaigned for a Yes vote. The Attorney General later clarified the matter saying the Maltese version of the law should prevail in cases of conflict, which meant electors will now be asked whether they want to retain the legal notice.

If you want spring hunting to continue vote Yes. If you want spring hunting to stop vote No

Can the government ignore the result?

The government has no say on the matter. Even Parliament has no say on the outcome of the result.

If the No vote wins, the law is abolished automatically. If the Yes vote wins everything will remain as is and hunters will be able to hunt in spring.

Previous consultative referendums were non-binding and so could be ignored.

If the hunters win, can electors seek another referendum on the matter next year?

No. The Referenda Act says that a minimum period of two years has to pass before another attempt is made to abolish the same law through a referendum.

Who wins the referendum?

For the referendum result to be valid the turnout must not be less than 50 per cent plus one of registered voters. If this mark is not achieved, votes will not be counted and the referendum will be declared null. But if more than half of eligible voters cast their vote, the next step would be to count the votes. The result is worked out as a percentage of valid votes cast similar to a general election. The camp that obtains most votes wins.

Can 16-year-olds vote?

No. The law only allows 16-year-olds to vote in local elections. The referendum will be held on the same day that elections will be held in half of the local councils. While 16-year-olds in these localities will cast their vote in the local elections they cannot vote in the referendum.