Issue link: https://maltatoday.uberflip.com/i/318021
maltatoday, SUNDAY, 25 MAY 2014 Opinion 22 W hen Dr Lawrence Gonzi was Prime Minister, the Nationalist Party lost the European Union Parliamentary election held on 6 June 2009. His party obtained two seats in the European Parliament while the then Opposition party – the Malta Labour Party – obtained three seats. The question that arises is whether the government at that time lost its legitimacy and, if so, should it have passed on calling a fresh general election in the light of the fact that the government had lost the electorate's confidence? A similar situation might arise in future European Parliament elections where the Opposition defeats the political party in government again. Should the party in government resign and call a fresh general election or should it continue to govern, ignoring the people's opinion? I do not think that a hard and fast rule can however be devised in this eventuality and that the reply to this query vests very much in the circumstances of each case. Let me elaborate. In the case of a European Union Parliamentary election, all the voting population of the Maltese islands is called to vote as is done in a general election. Nevertheless, it must be borne in mind that in the case of a European Union Parliament election, the electoral register also allows EU non- Maltese citizens to vote. Such EU non-Maltese citizens are however not entitled to vote in a general election taking place in Malta if they are not Maltese citizens. Hence, the electoral base, though similar, cannot be said to be identical. Of course, the difference is not a substantial one but it can be significant enough in Malta where a political party may end up being elected to govern with a f limsy majority of say 1,500 votes over its political adversary and such a frail majority will decide which party will govern the Maltese islands. In the case of a local council election, it is not the whole of Malta that goes to the polls whilst in the case of a referendum this is normally a one-issue matter, unless the referendum is combined with a general election or a European Union Parliament election. In the latter two cases, in all probability, the one-issue referendum will lose its importance and emphasis will be placed more upon the general election or the European Union Parliament election. We have seen this phenomenon materialising when local council elections were held on the same day of a general election. The political parties concentrated mainly on their electoral campaign exclusively related to the general election, side-lining completely the local council elections to such an extent that the electorate barely knew that a local council election was being held in certain localities, unless one happened to be living there. In the case of a referendum, there is but one question which is being asked to the electorate and one issue that is being voted upon, even if that issue might be fundamental to the governance of society. Such a question could ask whether Malta should (i) join the United Kingdom by way of integration, (ii) become an independent state or (iii) join the European Union. Another issue that has been the subject of a referendum was the introduction of divorce in Malta and, it appears, that we will soon be called upon to vote on whether Malta should abolish spring hunting if the required signatures are confirmed as valid. The latter two referenda are of a purely sectoral nature but still of direct relevance to the population at large. One can argue that since the enactment of the European Parliament Elections Act, 2003, the Maltese do not consider EU Parliament elections as having the same bearing as general elections and hence the electorate can take certain 'risks' that are not normally taken during a general election to send a message of protest to the government of the day. Such 'risks' include voting for a minority party or an independent candidate who, in a general election, would not earn the electorate's sympathy and vote. Whilst this might be the case, there is nothing to exclude such behaviour from taking place in a general election, and one cannot exclude that this has already happened in the past. However, it is difficult to gauge the reliability of this statement once voting takes place in secret. Moreover, the voter turnout percentages in an EU Parliament election, though high, do The legitimacy of a government after an EP election defeat Kevin Aquillina