Issue link: https://maltatoday.uberflip.com/i/1487971
14 maltatoday | SUNDAY • 11 DECEMBER 2022 NEWS KURT SANSONE ROBERT Abela said his gov- ernment will not water down the principles underpinning its proposal to decriminalise abortion if a woman's health or life is at risk. The Prime Minister has suggested the Bill may be tweaked but it remains to be seen what will change. In all likeliness, unless Abela buck- les under pressure, the Bill could very well become law before the end of the year. Opponents to the Bill, which include the Nationalist Party, religious groups, pro-life doc- tors, former politicians from both sides of the House and others, have upped the ante over the past couple of weeks. After organising a well-at- tended protest in Valletta last Sunday and a vigil outside parliament last Wednesday, it is unlikely the opponents will let go. Last Monday, during a de- bate on TVM's Xtra, Peppi Azzopardi, one of the prom- inent faces of the anti-abor- tion movement, voiced a personal opinion that if the government amendment goes through, an attempt should be made to repeal it through an abrogative referendum. So far, talk of a referendum has been confined to personal views but it could become a plausible option for the oppo- nents of the abortion amend- ment. The abrogative referendum was last used by environmen- tal campaigners in 2015 to try and repeal the legal notice that makes spring hunting possible. But what would it entail to hold an abrogative referen- dum? Petitioners will need to col- lect at least 35,500 verified signatures, asking for Clause 243B in the Criminal Code (the new clause being pro- posed by government) to be repealed. The law regulating referenda does not set a time- line by when these signatures must be collected. But once the threshold is reached, a lengthy legal pro- cess kicks off with its own timeframes dictated by law. Signatures will be verified, the Constitutional Court will get involved and hear submis- sions from proponents of the referendum and objectors, and finally a decision is taken on the legality of the referen- dum request. Following the court's ruling, the President will then set a date for the ref- erendum. This lengthy process, in- cluding the eventual cam- paign leading up to voting day, could last anywhere between 10 months and 13 months. This means if opponents to the Bill hit the ground run- ning in January, depending on how long they take to collect the signatures, Malta could possibly head to a referendum by year's end. At the latest, this process could stretch in- to the first couple of months of 2024. Unless the referendum pro- cess starts at a later stage in 2023, the timeframes dictated by law will not coincide with the European Parliament election in May 2024. And opponents to the Bill will most likely not want a referendum to be held on the same day as the EP election so as not to confuse the issues. This is just a hypothetical scenario for the time being but one that can develop over the coming months if the anti-abortion lobby digs its heels in. ksansone@mediatoday.com.mt Referendum could be part of pro-life arsenal Government has the parliamentary numbers to pass the law decriminalising abortion if a woman's health or life is at risk. But opponents may yet take their war to the hustings. Kurt Sansone lays down the process and timeframes if opponents opt for an abrogative referendum Petition signed by not less than 10% of registered electorate is presented to the Electoral Commission 15 days Electoral Commission verifies validity of signatures and de- posits the declarations in the Constitutional Court 2 days Constitutional Court publishes in the Government Gazette the petition details 3 months Any registered voter and the Attorney General on behalf of the government can file an application with the Constitu- tional Court and object to the referendum being held. Prime Minister, Opposition leader, referendum proposers and all objectors are notified of objections. 1 month Any person notified with ob- jection can file a right of reply. 10 days Right of replies are served to all recipients 1 month Constitutional court has a month to decide when it is to hold a hearing for submissions to be made viva voce but the law does not bind the court when the hearing should take place. Court can also decide no hearing needs to take place because replies and coun- ter-replies are enough for it to reach a decision. In the latter case, a decision will have to be delivered within 2 months. No timeframe Court hearing: Hearing will continue on consecutive days until all submissions are heard. 1 month The Constitutional Court deliv- ers its judgment as to whether the referendum can go ahead. 10 days Constitutional court decision is delivered to the President, who then fixes the referendum date and issues the writ to kick-start the process. 3 months to 6 months Referendum Day is set at a minimum of three months and a maximum of six months. This will determine how long the referendum campaign will last. Referendum Day is between 10 months and 13 months from when petition is submitted with Electoral Commission. Possible referendum timeline 35,508 signatures will have to be collected and verified for the petition to be valid, equivalent to 10% of eligible vot- ers according to March electoral register PETITION must in- clude each person's signature, ID number, address and electoral district where they are registered as voters 16-YEAR-OLDS are entitled to vote in a ref- erendum REFERENDUM ques- tion will have to clearly identify the law, or sec- tion of the law being re- pealed and the answer will have to be a simple 'Yes' or 'No' Referendum Key points Last Monday, during a debate on TVM's Xtra, Peppi Azzopardi, one of the prominent faces of the anti-abortion movement, voiced a personal opinion that if the government amendment goes through, an attempt should be made to repeal it through an abrogative referendum If opponents to the Bill hit the ground running in January... Malta could possibly head to a referendum by year's end, at the latest, into the first couple of months of 2024