What will happen next Thursday?

Whether Malta will have an election in the next three months depends on how Franco Debono will vote next Thursday or whether the Prime Minister will ask the President to dissolve parliament before a vote is even taken.

Although Franco Debono has already made it amply clear that his intention is that of voting for the opposition’s motion, the possibility still exists that he would abstain.
Although Franco Debono has already made it amply clear that his intention is that of voting for the opposition’s motion, the possibility still exists that he would abstain.

Corrected reference to legal ramifications in Option 2 on Tuesday 24 January, 11:30am.

Option 1: Franco Debono votes with the government

Presently, this seems to be the least likely option, because Debono himself has repeatedly ruled out any reconciliation with the Nationalist Party and its leadership.  Both parties have also given indications that they have set their mighty electoral machines in motion.

But if the impossible happens and Debono returns to the fold, the Labour Party will suffer a demoralising blow and Gonzi will probably be able to navigate in the troublesome waters of the economic crisis till the natural end of the legislature.

While this means that the government will be able to master its power of incumbency and complete projects like City Gate before the election, Gonzi risks being smothered by the crisis engulfing the eurozone.

The government will also have to conduct a budget before the next election in which it will have to show whether the projections made in the last budget were realistic or not. On the other hand, the opposition could be worn down after banking too much on Franco Debono voting against the government to bring about a shotgun election, in which the government's power of incumbency is severely limited.

Option 2:  Franco Debono abstains

Although Franco Debono has already made it amply clear that his intention is that of voting for the opposition's motion, the possibility still exists that he would abstain as he did in the opposition's motion of no-confidence in Transport Minister Austin Gatt.

In this case the opposition motion will simply not pass as such a motion requires a majority of MPs. The constitution states that if the House of Representatives passes a resolution, supported by the votes of a majority of all the members thereof, that it has no confidence in the Government."

If there is no majority for the non confidence motion it simply does not pass. In this scenario, instability will remain an issue. Political uncertainty could also trigger more economic uncertainty.  Gonzi would confirm the perception that he is clinging to power and that his government is on life support.

Although this would be a bitter blow for the opposition in its bid to force an election as soon as possible, it will leave the government extremely weak. In fact, when Debono abstained on the opposition's no-confidence motion in Austin Gatt, Gonzi felt obliged to call for a vote of confidence in his government a few days later.

On that occasion, Gonzi described the confidence vote following Debono's abstention on the Arriva motion as "important to assure the nation of government's stability in this important time of crisis all Europe is facing".

In such a scenario Debono will remain the centre of attention, with the government depending completely on his readiness to shoot down any prospective money bill.  

Option 3: Franco Debono does not turn up in parliament

Debono's absence from parliament will have the same effect as an abstention. But if his absence persists, the government will be spared from the backbencher's criticism and would boost the campaign to make Debono resign. But by turning up in parliament on Thursday, sitting on the last bench on the government side, Debono has dispelled rumours that he intends to evaporate from the parliamentary scene.

Option 4: Franco Debono votes for the opposition's motion

In this case, the Prime Minister will have three days to submit his resignation and advise the President to dissolve parliament. The president would still have the option to appoint someone else "who can command the support of a majority of the members of the House" instead of dissolving parliament. 

But this course of action is extremely unlikely, as anyone appointed by the President will have to enjoy Franco Debono's trust. Although Debono has declared his willingness to support anyone except Lawrence Gonzi, he has also declared that he would not accept a situation where Gonzi resigns from Prime Minister, but not from party leader.

A presidential appointment will also be a highly unorthodox course in a country where all its post-independence Prime Ministers have leaders of parties who won the general election.

So in the likely scenario where the president proceeds to dissolve parliament, a general election has to be called within three months after the dissolution of parliament. In this prerogative, the president must act "in accordance with the advice of the Prime Minister". 

While the country is used to short electoral campaigns - lasting six weeks as was standard practice since 1992 - in 1987 an election was called three months after parliament was dissolved. 

While the PN would gain valuable time by prolonging the election right to the very last day, it also risks invoking parallels with the Karmenu Mifsud Bonnici administration, which used its power of incumbency right up to the last day.

Option 5: Parliament is dissolved before the vote is taken

The Constitution gives the Prime Minister the prerogative to advise the president to dissolve parliament.

Technically, the president can refuse to dissolve parliament if he thinks that an election would not be in the country's interest. But it is extremely unlikely that the president would refuse a demand supported by both government and opposition.

In this case, the Prime Minister would avoid a likely defeat in parliament in a debate which would further expose divisions on the government side. The prime minister could also be apprehensive about the speeches of other backbenchers who might well vote for his government but still make it a point to criticise his leadership.  By asking the president to dissolve parliament, the prime minister would appear decisive and would dispel the perception that he is trying everything to cling to power at all costs.

He would also be in a position to set the tone of the electoral campaign instead of risking a debate where internal divisions would resurface. But if he takes this decision, the prime minister will not be in a position to put the blame on the collapse of his government squarely on the alliance between Debono and the Labour Party. This would mean that Gonzi would lose the only advantage he has now - that of blaming the shotgun election on the opposition. It would also seem awkward if Gonzi aborts the debate after insisting that every MP should speak during the debate.

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Knowing closely Dr.Debono, I think that he will stick to his gun, and he will act in parliament accordingly to what he has been saying for the last weeks. I don't doubt his word of honour, because he's a true gentleman both as a criminal lawyer, and even as a person. I'm not going to give any comments about what Dr.Debono should do. It's his decision, and GonziPN didn't do anything to avoid all this. In fact they've just done the opposite. Just a few recent facts. Some weeks ago GonziPN issued a statement that there were 2 persons hailing from the 5th electoral district, that were being CENSORED from the party, as they were not candidates. then when the Prime Minister went to M'Xlokk these 2 persons were along Dr.Gonzi all the time, and even one of them was leading Dr.Gonzi into many outlets! That was a very bad insult to Dr.Debono. Even that GonziPN parlamentary group issued a statement to make pressure on Dr.Debono to resign was another bad move! We know that in the past there were MPs who broke away from the central administration but still they held their seat in parliament, Dr.Josie Muscat was one of them! So I don't expect any more drama in this Panto. GonziPN is finished and shall dissolve parliament, and go to the President of the Republic. And that's it!
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I know Franco Debono has been elected to the party that holds the record for U-turns, and i do hope that one of his opposition to Gonzi includes U-turns. He has been holding the country on edge for the past month and i trust that his oft-said statement that he will not work under Gonzi and his clique will be given substance next Thursday. Otherwise, he would become the laughing stock of all Malta, both PL and PN leaning.
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James stajt iccekkjajt sew qabel ktibt l artiklu,,,Jien indunajt li int kont qed tgerfex Bir-rispett kollu ta,,,u lil SpionKop nighdlu kif ha imexxi u jaghmel Budget meta mhux ha ikollu maggioranza parlamentari speaker ma jidholx fiha din,,,
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i apologize for the mistake on the speaker's casting vote. The article has been corrected.
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L indikazzjonijiet huma li Dr Debono jaghmel U TURN u jastjeni. Imma l instabbilita u l incertezza xorta tibqa. Nahseb li GONZIPN idum ikarkar ftit iehor, jaghmel budget ghal Ottobru biex irozxx ftit bzar u ixolji l Parlament. Imma xorta f dan il kaq GONZI[N ikun qieghed itawwal il problema u ma jsolvi xejn. B has soltu il PN jabhu l frakk taht it tapit
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Hans
If gonzipn ascertains itself that's Dr Debono will vote for the opposition's motion, Option 5 will definetley come into force. Knowing the Nationalists they won't lose a confidence vote if they can help it !!!!!
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From the looks of it, Dr Debono will abstain and everything will remain as it is. I can imagine through what hell he is being forced to endure by the GonziPN Klikka!
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Mark Fenech
According to Dr. Bencini, most of the above options are not available. The vote of no confidence passes if the motion is approved by a majority, that is, 35 votes. If Dr.Debono abstain or does not turn up, the speaker would not vote, and if there is a tie of 34 votes each, the motion would be deemed as it has not passed and that's that, the speaker would not vote.
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Mhux ovvja li se jastjeni wara li pogga fuq il-mejda private members bill...wara dak id-dahk u tejatrini issa mar lura minn dak li qal...basta mhux pappagal.
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Check your legal facts well. There is no casting vote in this type of vote.
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The honorable end to this saga for Debono is Option 4. Only this opiton will show that he meant what he said and said what he meant. At the moment Debono has the respect of more than half the nation. Should he not vote with the oppositon - after the personal attacks on him and his family, after the lies,and the humiliation, after being told to resign, - then, he would deserve the scorn of everyone without exception. He would have taken the country for a ride and proven all those who insulted him and called him and his family everything under the sun, to be right. I beleive that Franco Debono is made of better stuff than this. Debono will be hailed in history as having given the chance to the PN to renew itself from the cobwebby klikkka it has gathered over the years. The PN will yet thank him for bringing the current klikka down. The honorable option for Gonzipn is option 5 - unless the PM wants to face an election having been out confidenced.