Professor John C. Lane of Buffalo University, New York, says, of referenda in Malta and Gozo, that "it is remarkable that no referendum (except the 1870 referendum) received the approval of a majority of all the registered voters, because often substantial numbers of voters did not cast a vote".

Lane is an expert on electoral processes and voting systems and has compiled a most informative website on Maltese elections and referenda. He was in Malta in 1996 to see at first hand how our proportional representation system worked.

His statement might well fit into the present situation, but it is important to note that in any case he is on the side of those who subscribe to the calculation of referendum results on the basis of 'valid votes', that is the votes cast by actual voters. After all, this has always been the position recognised by our legal system and was not changed when the Referenda Act was discussed by Parliament and amended in October, 2002.

Referring to the way referendum figures are reproduced by various authors, Lane has to register that 'the referenda results involve a problem in respect to the total number of voters'.

In particular he refers to Edith Dobie (Malta's Road to Independence, 1967), Joseph Pirotta (Fortress Colony: The Final Act, Vol. II, 1991) and Edgar Mizzi (Malta in the Making, 1995) as reporting 'the figure of all registered voters which would include, for instance, voters who were deceased between the time the electoral register was compiled and the polling day'.

On the other hand, he says, Remig Sacco (L-Elezzjonijiet Generali, 1986), Michael Schiavone (L-Elezzjonijiet f'Malta, 1992) and Henry Frendo (The Origins of Maltese Statehood, 1999) go for "the number of voters who were issued their voting documents". These are the 'eligible voters', and it is on these that Lane bases his computation of the official referenda results, although he gives all the available figures for invalid votes and for votes not withdrawn from the Electoral Office.

Obviously, the problem lies with the calls for boycotts made in the case of three nationwide referenda.

The first referendum to be held in Malta was that of 1870 when the question put to the electorate was: 'Are ecclesiastics to be eligible to the Council of Government?'.

At the time only a small section of the population (one could call them the landed gentry) had the right to vote.

The result was as follows:

% of % of Eligible Valid Voters Votes Eligible Voters 2,464 In favour 1,409 57.18 96.05 Against 58 2.35 3.95 Invalid Votes 6 0.24 Did not vote 991 40.22

As a note of historical interest, in 1898 this right was withdrawn by the British Colonial Government acting after the Bishop of Malta, Mgr Pietro Pace, ordered that no ecclesiastic could sit on the council without his permission. Under the 1921 Constitution ecclesiastics could contest the elections but this provision was rescinded in the 1939 elections.

In 1956 Maltese and Gozitans were called to cast their vote in a referendum on the Labour government's 'Integration with Britain' proposal.

Voting was held on February 11 and 12, 1956 and the result was as follows:

% of % of % of Eligible Votes Valid Voters Cast Votes Eligible Voters 152,783 Valid Votes 87,784 57.46 97.17 In favour 67,607 44.25 74.83 77.02 Against 20,177 13.21 22.21 22.98 Invalid Votes 2,559 1.67 2.83 Did not vote 62,440 40.87

It is pertinent to note that voters were allowed to be accompanied into the polling booth by a 'trusted friend' who could help them cast their vote.

From a legal point of view the Yes vote carried the day, but the total of those voting against, those abstaining or invalidating their vote, the deceased, and the 'non-voters' exceeded the yes vote by almost 10 per cent.

A good look at history, especially as recorded by Henry Frendo and Joseph Pirotta, would show that the British government's decision not to abide by the decision taken by the 'valid voters' had little to do with the actual result. In simple terms, the British cabinet, influenced mostly by the Admiralty, had had second thoughts.

In the Independence referendum of 1964 the electorate was called to answer the question: "Do you approve of the constitution proposed by the Government of Malta, endorsed by the Legislative Assembly, and published in the Malta Gazette?"

The Nationalist government was obviously for a Yes vote, while the Labour Party told its members to vote No. The Christian Workers Party and the Progressive Constitutional Party asked the electorate to abstain from voting while the Democratic Nationalist Party opted for invalidation of the vote or a blank vote.

Voting took place on May 2, 3 and 4, 1964 and the result was as follows:

% of % of % of Eligible Votes Valid Voters Cast Votes Eligible Voters 162,743 Valid Votes 120,633 74.12 93.05 In favour 65,714 40.38 50.69 54.47 Against 54,919 33.75 42.36 45.53 Invalid Votes 9,016 5.54 6.95 Did not vote 33,094 20.34

Once again, the Yes vote carried the day. But once again one has to go to historians Frendo and Pirotta to understand why the British government, influenced by decisions at a time when military logistics were going through great changes and Malta's strategic position was gradually diminishing, opted to honour the official Yes result.

Under a Labour government, a referendum was held in Gozo in 1973 on the abolition of the Gozo Civic Council; only voters registered in Gozo could cast their vote.

The question, a loaded one if ever there was one, ran as follows: "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 majority of the few who voted were in favour, but the Gozo Civic Council instructed the Gozitans to boycott the referendum precisely because of the loaded nature of the question.

Voting took place on November 11, 1973 and the result was as follows:

% of % of Eligible Valid Voters Votes Eligible Voters 15,621 In favour 137 0.88 76.97 Against 41 0.26 23.03 Invalid Votes 17 0.11 Did not vote 15,426 98.75

Mr Mintoff abolished the council, as seems to have been his intention all along.

The latest referendum is the one held on March 8, 2003 answering the question: "Do you agree that Malta becomes a member of the European Union in the enlargement that will take place on May 1, 2004?"

I reproduce the results in the same way as I have done with the previous ones and in conformity with the Referenda Act as amended in October, 2002 with both government and opposition voting in favour of the amendment.

% of % of % of Eligible Votes Valid Voters Cast Votes Eligible Voters 297,881 Valid Votes 266,739 89.54 98.55 In favour 143,017 48.01 52.84 53.65 Against 123,722 41.53 45.71 46.35 Invalid Votes 3,911 1.31 1.45 Did not vote 27,231 9.14

Fact, you would say. Or is it fiction? Not in my view.