Mechanics of a referendum

Tomorrow evening, the House of Representatives begins to debate a motion whereby the House "requests and authorises Government to call a referendum at a near and opportune time, and that, according to article 3 of Chapter 237 of the Laws of Malta, the House decides that the question which shall be put for the common, equal, secret and free decision by the people of Malta in this referendum, should be: 'Do you agree that Malta becomes a member of the European Union in the enlargement that will take place on May 1, 2004?' "

The Referenda Act, 1973, Chapter 237 of the Laws of Malta, provides that persons entitled to vote in a referendum will be called upon to declare whether they approve proposals set out in a resolution passed for that purpose by the House of Representatives and published in the Malta Government Gazette.

The discussion that starts tomorrow evening is a historic occasion for the House of Representatives and is required so that the people may exercise their sovereign right to decide an issue of utmost national importance that does not merely establish who is to govern for a five-year term, but determines the future of our country and our children.

The House Business Committee last Thursday agreed that the motion will be debated over nine sittings, ending on Friday evening. A thorough examination of the different areas of the acquis covered in Government's negotiations for Malta to become a member of the European Union is expected.

As promised by the Prime Minister the other weekend, the motion that has been presented by Government for discussion by the House of Representatives is one that has been drawn up purely in the national interest. The motion reflects the different responsibilities carried by the different institutions of the country, including Government, the Opposition, as well as Parliament and refers the ultimate decision about our future to the people of Malta.

At the last general election in 1998, Government was given an electoral mandate to negotiate Malta's entry into the European Union. That mandate has been carried out well and on December 13, 2002, Government secured Malta's right to become a member of the EU in the next enlargement that will take place on May 1, 2004. Government had also promised the people of Malta that it would refer back to them to make the crucial choice.

Such a mandate is exercised on behalf of the people who have given it. For persons who genuinely believe in democracy, that mandate once carried out does not become Government's perpetual property but reverts to the people to decide. It is similar to asking someone to negotiate the best terms possible regarding a contract of major importance, but then once he concludes his negotiations, he refers back to you and asks whether you approve or not.

Persons arguing against the concept of a referendum and implying that what is more important is what happens in general elections are inadvertently implying that Government does not need to refer back to the people at all! Government does not need a fresh electoral mandate since the one in 1998 was clear enough, just as it was in 1981, 1987 and 1992. It was only in 1996, when that mandate was not given, since the electorate chose to experiment with Dr Alfred Sant as our Prime Minister, but the people renewed their mandate in favour of EU membership at the first available opportunity in 1998.

The motion presented by the Prime Minister for discussion by the House of Representatives states facts. It recalls in brief Malta's relations with the EU dating back to December 5, 1970 when an association agreement was signed between Malta and the European Economic Community, maps out progress since the government on July 16, 1990 formally submitted Malta's application to join the European Community, and refers to the suspension of the process leading to membership after the elections of October 26, 1996, and the resumption of the process by the new Nationalist government elected on September 5, 1998.

Through the motion, the House will appreciate the different positions held by Government and Opposition on Malta's relations with the EU and "considers therefore that is fair that according to the mandate this administration has received, the agreement through which Malta has been invited to become a member of the EU on May 1, 2004 is submitted to the direct and sovereign decision of the people of Malta in a referendum."

The Referenda Act goes into detail about the mechanics regarding the holding of a referendum. Apart from providing in Article 4 that every referendum shall be common, equal, secret and free, the law establishes that the question or questions to be put to those entitled to vote shall be so framed that they can be answered with either yes or no.

Moreover, the space in the ballot paper in which a vote is to be recorded shall have a coloured border: the border of the space in which an affirmative vote is to be recorded shall be in one colour, and the border of the space in which a negative vote is to be recorded shall be in a different colour.

Each voter shall have one vote and shall indicate his choice by placing on the ballot paper an 'X' or other mark either over the box indicating an affirmative vote or over the box indicating a negative vote.

The day of the referendum shall be fixed by Government, "so however that a minimum of five weeks shall lapse between the publication of the Writ and the day of the polling." (Article 5)

For the purposes of any referendum, there shall be one polling district and the whole of Malta shall be one polling district.

Every referendum shall be conducted and shall be subject to the direction and supervision of the Electoral Commission.

It is worth noting that all persons who, on the date of the publication of the Writ to which a referendum refers, are entitled to vote for the election of members of the House of Representatives shall be entitled to vote in that referendum.

That means that the electorate in general elections and the electorate in a referendum is the same. It also means that if, as seems likely, the Writ for the holding of a referendum is published before the end of this month, all those whose names appear in the Electoral Register published last October are entitled to vote.

This is Malta's historic hour when the people will be called upon to exercise their sovereign right. It is a historic hour for all the country's institutions. Government has already indicated that it will only decide on the date of the referendum after it takes into account the arguments that will be presented by the Opposition in the discussion that unfolds this week in the House of Representatives.

The bottom line for the Opposition is whether or not it is able, even at this late hour, to declare it will respect the people's sovereign and democratic right to pronounce itself on our country's future. The Opposition, in any democracy, has every right to offer the people its reasons why they wish them to vote one way or another. Pronouncing itself however in a manner that indicates it does not care about what is the people's choice will only harm the Opposition's credentials with the electorate, beyond repair.

Government will go ahead with the referendum even if the Opposition opts to boycott it. Such a strategy would only prove that the Opposition is trying to prevent its own supporters from expressing themselves freely on the most crucial decision facing us all since independence.

The discussion opening tomorrow night sets in motion the mechanics for the holding of a referendum on whether or not the people agree that Malta joins the EU in the enlargement of May 1, 2004.

Those mechanics are all about ensuring that the people express themselves through a free and secret poll. In this historic moment, all our country's institutions have one duty - to understand and respect the fact that sovereignty rests with the people and with no one else.

Let the people express themselves freely and let their will prevail.

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