Update 2 | Prime Minister expected to announce referendum date 'shortly'

Justice Minister: 'spring hunting referendum date to be announced soon'

Prime Minister Joseph Muscat is expected to announce the date on which the spring hunting referendum will be held "shortly", according to Justice Minister Owen Bonnici.

Addressing a press conference at his ministry, Bonnici said the mechanism will kick start as of noon today when the President of the Republic is presented with the decision of the constitutional court.

The referendum should be held not earlier than 9 April and not later than 9 July. Prime Minister Joseph Muscat has until the end of January to decide the date of the referendum, which he would then pass on to the President. But according to the Justice Minister, the Prime Minister's decision is expected "shortly".

In comments given just an hour after the court's ruling, Bonnici said that once the constitutional court gave a green light to the abrogative referendum, the government will respect that decision.

"It is now government's duty to see that this democratic tool is held in an open and transparent manner. The people will now be given the power to choose whether spring hunting should remain open," the minister said.

Bonnici explained it was the constitutional court's decision, and not the government's, that determined whether an abrogative referendum should be held.

He recounted how the Coalition Against Spring Hunting gathered the 40,000 signatures necessary and how the interested parties submitted their positions to the court. Bonnici confirmed that local council elections, meant to take place on the second Saturday of March, will be moved forward and held with the referendum.

"Now that court pronounced itself, government is respecting this decision without any reservations. The situation is regulated by three laws - referendum, general election and local council election laws," Bonnici said.

Although the court registrar has up to 10 days to pass on the decision to the President, the decision will be passed on by noon today. This means that the referendum can't be held earlier than 9 April and not later than 9 July.

A writ would then be published by the President establishing the date of the elections which will be held on the same day.

Almost half a million voting documents will be published for the local council elections and the abrogative referendum. The local council elections also include 16-year-olds and EU nationals resident in Malta.

Decision to be taken in coming hours - PM

Addressing the annual new year drinks at the Labour headquarters for media and social partners, Muscat confirmed that a decision on the referendum date should be taken in the coming hours.

“People’s will must be respected,” he said.

In his brief address, Muscat spoke about the domestic economy and also warned about the situation in Greece which could negative affect the Euro zone.

The Labour leader also condemned the attacks at the Charlie Hebdo offices in France, saying that the attack was one against freedom of the expression. At the same time, Muscat said he did not want the Muslim community to be stereotyped over this incident.

Opposition welcomes decision

The PN welcomed the decision and underlined the importance of allowing the people to express its opinion freely.

Welcoming the Constitutional Court’s decision, the opposition pointed out that the right to hold an abrogative referendum was introduced by previous PN administrations.

“This democratic tool gives the people the right to decide. This is the first time this law is being applied and the PN hopes that the people takes its decision freely,” the opposition said, adding that this was happening despite the Labour government’s attempts to block the referendum.

The PN also noted that the referendum will be held on a date chosen by the President of the Republic after consulting all parties. It accused Bonnici of “deceiving” journalists, after the minister said it was the Prime Minister who decided the date of the referendum.

Quoting Article 18 of the Referenda Act, the PN said it was the President of the Republic who decided the referendum date.

According to the quoted text, “where the Constitutional Court has decided that a referendum may be held, the President shall fix a day for it, being a date not earlier than three months and not later than six months after the copy of the decision of the Constitutional Court shall have been delivered to the President in accordance with subarticle (1), and the President shall issue a writ in accordance with this Act accordingly”.

Government publishes AG’s advice on who should determine referendum date

The government published the advice of the Attorney General who said that it is up to the Cabinet to suggest a date for the referendum, which would then be passed on to the President.

The Ministry for Justice was reacting to a statement by the Opposition who accused Minister Owen Bonnici of “deceiving” journalists when he said that the Prime Minister would set the date.

The Attorney General’s decision was based on Article 85 of the Constitution which explains that the President should follow the advice of the Cabinet in the carrying out of her duties. There are a number of exceptions, but referendum is not one of them.