Civil unions legislation 'enjoys popular mandate'

A referendum on civil unions is unlikely to take place as both Prime Minister Joseph Muscat and Opposition leader Simon Busuttil stated the government enjoyed a popular mandate to propose the legislation.

In an opinion piece published in the Times, Imam Mohammed ElSadi, leader of the Muslim Community in Malta, appealed to both political leaders to consider holding a national referendum on civil unions for same-sex couples.

While not directly turning down the proposal, both Muscat and Busuttil emphasised the popular mandate that the legislation enjoyed.

"We were clear in our electoral manifesto that if elected we would legislate for civil unions. The electorate voted and we have the mandate," the Prime Minister told MaltaToday.

A civil union bill will be tabled in September, when parliament reconvenes from the summer recess. The legislation is expected to come into force by the end of the year as Muscat reiterated his government's commitment to see the legislation through during 2013.

Muscat said he was aware of the Imam's position on the issue, as he had already expressed his opinion with the Prime Minister.

On his part, Busuttil said the Nationalist Party was still awaiting the government to propose the legislation on the introductions of civil unions in September. Once this is put forward, the Nationalist Opposition will provide its position on all aspects of the bill.

"Notwithstanding the contents of the bill, it is to be noted that Government already has a popular mandate to propose such legislation," he said.

According to ElSadi, the electoral voted according to a large package of policies: "you either take it as a whole or you leave it". He argued that even though civil unions were part of the package, "it was of minor interest for the majority of the Maltese people".

"In reality, the majority were interested mostly in the electricity issue rather than civil unions," he opined.

He said a national referendum would allow the electorate to express its opinion "in a direct democratic way that really reflects the opinion of the majority".

The Imam went on to refer to the divorce issue, which was resolved through a referendum.

"If the divorce issue, in spite of it being a social necessity and its advantages exceeding the disadvantages, was resolved through a national referendum, the civil union issue, where the disadvantages are more than the advantages, if there are any, is even more deserving of being introduced by referendum," he wrote.

Then prime minister Lawrence Gonzi had justified a referendum on divorce by insisting his government did not enjoy a popular mandate. While ensuring the divorce legislation would pass in parliament, Gonzi himself had voted against the legislation.