The Nationalist Party and the drug rehabilitation NGO Caritas will not be backing a petition seeking a referendum on whether to repeal the new cannabis law, even though they disagree with the legislation in its current form.
The referendum is being organised by new political party ABBA.
A PN spokesperson said it did not believe a referendum was the best way forward.
A Nationalist government would instead organise a national review of the law, based on consultation, that would aim at striking the right balance between making sure cannabis is not treated as a crime and ensuring its use is not promoted or encouraged.
“The call for a referendum to repeal the cannabis law is a direct result of the government’s arrogance and refusal to discuss with experts,” the spokesperson said.
“A law that could have been reasonable has turned into an extreme law that has almost the entire country against it.
“We will do the opposite of the government: have a proper discussion with experts on how to make the law reasonable and backed by data.”
A Caritas spokesperson said the NGO did not affiliate itself with political parties.
“Together with the other organisations we've worked with, we are planning our way forward. At this stage Caritas is working on strengthening its work to support people with drug addiction problems, including cannabis users, and on prevention.”
Malta made history on Tuesday by becoming the first European country to introduce laws to regulate the recreational use of cannabis, that allows users to carry, buy and grow amounts of the drug at home. MPs backed the Responsible Use of Cannabis bill by 36 votes to 27. All Labour MPs voted in favour of the bill while the opposition voted against it. The reform officially became law on Saturday.
As of Saturday, cannabis users can carry up to 7g of cannabis in public without fear of arrest, though smoking it in public remains prohibited. Anyone with a criminal record for cannabis possession can now apply to have it struck off.
The law as approved has been criticised by many including a group 57 Church-led institutions and NGOs, including Caritas. They highlighted instances of the harm to mental and physical health that cannabis use could inflict on the vulnerable, amongst other concerns.
Just under 10,000 people signed a petition to parliament seeking amendments to the law. Parliament’s petitions committee is due to discuss the petition in February.
If ABBA’s petition forces a referendum, it would be the second abrogative referendum Malta has ever had. The first was the 2015 spring hunting poll, also triggered by a petition.
ABBA party leader Ivan Grech Mintoff said the party had set up a committee to rope in any organisations that could help collect signatures for the petition on the “unwanted Cannabis Act”. He said some NGOs were already on board.
He expressed confidence that enough signatures would be collected, saying the reaction to the law had been overwhelming.
To force a referendum, a petition must have the signatures of at least 10 per cent of eligible voters – about 36,000 to 38,000.
Applications are first assessed by the electoral commission and must then be approved by the constitutional court.
Malta's history of referenda
1870 Ecclesiastics Referendum
The first referendum to be held in Malta was in 1870 when the following question was put to the electorate: Are ecclesiastics to be eligible to the Council of Government? At the time, only a small section of the population had the right to vote. The result of the 1,473 votes cast was: The ‘Yes’ won the day with 1,409 votes. 58 voted ‘No’ and six votes were invalid.
1956 Integration Referendum
In 1956, the people were called to cast their vote in a referendum on the Labour government’s Integration with Britain proposal – a decision on whether Malta should integrate with the UK.
The electorate numbered 152,823, but only 90,343 cast a vote. The ‘Yes’ votes totalled 67,607 while the ‘No’ side got 20,177 votes, with 2,559 votes invalid.
Although the Yes camp won, integration was never fully implemented and the country became independent eight years later.
1964 Constitution Referendum
Eight years later, the electorate was asked whether it wanted Malta to become an independent nation.
The question on the ballot sheet was ‘Do you approve of the constitution proposed by the Government of Malta, endorsed by the Legislative Assembly, and published in the Malta Gazette?’
The ‘Yes’ vote won.
Out of the 156,886 people entitled to vote, 129,649 cast their votes. Yes votes: 65,714; No votes: 54,919; Invalid votes 9,016.
1973 Gozo Referendum
A Labour government asked Gozitan residents whether they wished to abolish the Gozo Civic Council. Only voters registered in Gozo could cast their vote.
The question was a lengthy one: ‘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, amongst other powers, has that of imposing special taxes on the Gozitans to be spent according to the wishes of the people of Gozo?’
The number of Yes votes was 137 and the number of No votes 41, while 17 votes were declared invalid. Despite the exceptionally low turnout, the government abolished the Gozo Civic Council and Gozo affairs were centralised.
2003 European Union Referendum
In March 2003, citizens went to the polls to determine Malta’s European future.
They were asked: Do you agree that Malta becomes a member of the European Union in the enlargement that will take place on May 1, 2004?
A narrow majority voted in favour of joining, but the opposition Labour Party rejected the results. The Nationalist Party won the general election that followed that same year, ensuring Malta joined the EU on May 1, 2004.
Out of 297,881 registered voters, 270,650 votes were cast in th EU referendum. Yes votes: 143,094; No votes: 123,628; Invalid: 3,911.
2011 Divorce Referendum
In 2011, Malta was one of just two countries in the world without any form of divorce legislation.
A private member’s bill tabled in Parliament by then Nationalist MP Jeffrey Pullicino-Orlando sought to change that.
Though that bill did not call for a referendum, a separate resolution under the Referendum Act did.
Voters were asked: ‘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?’
Of the 325,102 registered voters, 232,691 cast their vote. Yes votes: 122,547; No votes: 107, 971; Invalid votes: 2,173.
The law came into effect on 1 October 2011.
2015 Hunting Referendum
The Spring Hunting referendum was the first abrogative – as opposed to consultative - referendum to be held in local history.
It was prompted after petitioners amassed enough signatures to trigger a national vote over spring hunting, with more than 44,000 signing a petition demanding an end to the practice.
On April 11, 2015, voters were asked to cast a vote on the question: ‘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?’
Out of the 338,450 registered voters, 253,157 votes were cast. Yes votes: 126, 434; No votes: 124,214; Invalid: 2,509. Spring hunting continues in Malta.
Sources: vassallohistory.com, Professor Henry Frendo and Electoral Commission.