Gonzi refuses to publish cohabitation bill draft before referendum

Nationalist MP Jeffrey Pullicino Orlando has asked Prime Minister Lawrence Gonzi to publish the draft cohabitation bill he intends presenting to parliament, before the 28 May referendum on divorce.

He was meeting Gonzi with Moviment Iva members Deborah Schembri, former Nationalist minister Michael Falzon, Labour MP Evarist Bartolo and Alternattiva Demokratika chairperson Michael Brigigulio at the PN headquarters.

“I am appealing to you to publish the bill for public scrutiny in the interest of the public having an informed choice of what awaits couples who cannot remarry after separation, but wish to cohabit,” Pullicino Orlando said.

Pullicino Orlando has claimed President George Abela has demanded to see the draft cohabitation bill being planned by the government, which he is reviewing for his scrutiny. The bill is one of several pledges from a 1998 PN electoral manifesto that was never followed on in subsequent manifestos, and only announced late in 2010 after Pullicino Orlando submitted his draft divorce bill.

“It is very unlikely that there will be a referendum on a cohabitation bill after the divorce referendum,” Pullicino Orlando told Gonzi. “So people should know what’s in store from now.”

Critics of the divorce bill claim divorce is not part of the legislature’s electoral mandate, but Pullicino Orlando has argued that neither is cohabitation.

In his reaction, Gonzi expressed his disagreement with publishing the draft bill and said that the cohabitation law he is proposing was unrelated to divorce.

“We shouldn’t bring something that has wider consequences and effects such as cohabitation in the divorce debate. We shouldn’t distract from the issue of divorce, which is crystal clear to everyone.

“I cannot understand how the pro divorce movement has made this link with the cohabitation bill, because cohabitation does not involve marriage,” Gonzi said.

Pullicino Orlando had previously said that President George Abela’s comments on cohabitation made during his speech at the opening of the 2008 legislature were being used as a basis for the introduction of the cohabitation law. “Similarly to the divorce bill, no government has an electoral mandate for a cohabitation law. A mandate is not given through a legislature’s opening speech.”

The press were not allowed to ask questions following the event, but were invited to submit any questions in writing by email through official channels.

He was meeting Gonzi with Moviment Iva members Deborah Schembri, former Nationalist minister Michael Falzon, Labour MP Evarist Bartolo and Alternattiva Demokratika chairperson Michael Brigigulio at the PN headquarters.

“I am appealing to you to publish the bill for public scrutiny in the interest of the public having an informed choice of what awaits couples who cannot remarry after separation, but wish to cohabit,” Pullicino Orlando said.

Pullicino Orlando has claimed President George Abela has demanded to see the draft cohabitation bill being planned by the government, which he is reviewing for his scrutiny. The bill is one of several pledges from a 1998 PN electoral manifesto that was never followed on in subsequent manifestos, and only announced late in 2010 after Pullicino Orlando submitted his draft divorce bill.

“It is very unlikely that there will be a referendum on a cohabitation bill after the divorce referendum,” Pullicino Orlando told Gonzi. “So people should know what’s in store from now.”

Critics of the divorce bill claim divorce is not part of the legislature’s electoral mandate, but Pullicino Orlando has argued that neither is cohabitation.

In his reaction, Gonzi expressed his disagreement with publishing the draft bill and said that the cohabitation law he is proposing was unrelated to divorce.

“We shouldn’t bring something that has wider consequences and effects such as cohabitation in the divorce debate. We shouldn’t distract from the issue of divorce, which is crystal clear to everyone.

“I cannot understand how the pro divorce movement has made this link with the cohabitation bill, because cohabitation does not involve marriage,” Gonzi said.

Pullicino Orlando had previously said that President George Abela’s comments on cohabitation made during his speech at the opening of the 2008 legislature were being used as a basis for the introduction of the cohabitation law. “Similarly to the divorce bill, no government has an electoral mandate for a cohabitation law. A mandate is not given through a legislature’s opening speech.”

Asked by MaltaToday for a reaction to Gonzi’s refusal, Dr Deborah Schembri said: “I was surprised at how the Prime Minister stated that he has no intention to publish the cohabitation law before the referendum.”

She said that the pro-divorce lobby had made that request in the light of how the upcoming cohabitation laws will certainly affect those couples who are separated today and will wish to marry.

“They need to know what will happen should the referendum return a ‘no’ result,” she said.

She also questioned how would the cohabitation laws apply to those couples who are cohabiting while also being technically married to previous partners.

“Our laws currently provide certain rights to married people that, should divorce not be introduced, will keep on applying to them, such as maintenance or fidelity. If another law comes into the picture that might allow the same rights, or others, to couples who wish to cohabit, how will these clash?” she questioned.

She also referred to Gonzi’s position that the cohabitation laws will apply to a wide swathe of relationships and individuals. “Despite what he said about divorce and cohabitation being different, I am sure that that it will also affect those cohabiting couples post-separation.”

“The draft already exists – we know it does – so why should it be hidden?” she insisted. “What is there about it that the pubic shouldn’t know about?”

Speaking to MaltaToday, Jeffrey Pullicino Orlando added that by refusing to publish the draft bill, the government is not giving the public the full picture on what they are going to vote upon on 28 May.

He referred to figures published by Discern which found that by 2015, there will been as many as 35,000 individuals who suffer marital breakdown. “This means that there are potentially as many as 70,000 couples which stand to be affected by this.”