CONSTITUTIONS AND LEGISLATION IN 1914 - 1964

volume 2: 1933-1964

Constitutions and Legislation in Malta 1914 - 1964

volume 2: 1933-1964

Raymond Mangion Published by russell square publishing limited

Russell Square Publishing Limited was founded with the objective of furthering legal research and scholarship

© 2016 Russell Square Publishing Limited

Linguistic revision, editing, and mise en forme by Professor James J. Busuttil A.B. (Harv), J.D. (NYU), D.Phil. (Oxon) for and on behalf of Russell Square Publishing Limited

The moral rights of the author have been asserted Database right Russell Square Publishing Limited (maker) First published 2016 All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written consent of Russell Square Publishing Limited, or as expressly permitted by law. Enquiries concerning reproduction outside the scope of the above should be sent to Russell Square Publishing Limited, at the address above British Library Cataloguing in Publication Data Data Available

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ISBN: 978-1-911301-02-8

The photo on the cover, courtesy of Manwel Sammut, shows the Auberge d’Auvergne, , Malta, in which the Law Courts of Malta met during the relevant period and which was destroyed during World War Two. To Bernardette

TABLE OF CONTENTS

ABOUT THE AUTHOR xi ABBREVIATIONS xiii TABLE OF LEGISLATION xxix Malta xxix xxxvii TABLE OF CASES xxxix Malta xxxix United Kingdom xxxix LIST OF ILLUSTRATIONS xli

FOREWORD 3

PART III - CROWN COLONY RULE AND QUALIFIED REPRESENTATIVE GOVERNMENT, 1933-1947 5

CHAPTER 8. GUBERNATORIAL RULE 7 8.1. IMPERIAL DICTATES 10 8.2. AGRICULTURE V LAND DEVELOPMENT 15 8.3. PUBLIC UTILITY 22

CHAPTER 9. QUALIFIED REPRESENTATION 35 9.1. WORLD WAR TWO 39 9.2. RECOVERY 48 9.3. BREAKTHROUGH 60

PART IV - Restored Self-Government and Crown Colony Rule, 1947-1964 69

vii CHAPTER 10. RESTORATION 71 10.1. THE WELFARE STATE 79 10.2. DECLINE 88

CHAPTER 11. COALITIONS 97 11.1. DR BORG OLIVIER V MR MINTOFF 101 11.2. THE MINIMUM 113

CHAPTER 12. MR MINTOFF’S ABSOLUTE MAJORITY 121 12.1. INTEGRATION 125 12.2. CRESCENDO AND COLLAPSE 135

CHAPTER 13. PRE-INDEPENDENCE 167 13.1. TRANSFORMATION 167 13.2. CONTROL 179 13.3. FINAL STEPS TO INDEPENDENCE 190

PART V - CONCLUSIONS 203

CHAPTER 14. EPILOGUE 203 14.1. THE GOVERNOR AND THE ARMED FORCES OF THE CROWN 204 14.2. THE ELECTED MEMBERS AND POLITICAL PARTIES 208 14.3. THE ROMAN 212 14.4. LAWYERS 216 14.5. NOBLES, MERCHANTS AND OTHERS 218 14.6. CONCLUSION 222

APPENDICES 225 APPENDIX A: GOVERNORS OF MALTA (1814-1964) 227

viii APPENDIX B: SECRETARIES OF STATE FOR (WAR AND) THE COLONIES (1814-1964) 231 APPENDIX C: HEADS OF THE MINISTRY/ PRIME MINISTERS OF MALTA (1921-1964) 235 APPENDIX D: CHIEF SECRETARIES TO GOVERNMENT AND LIEUTENANT- GOVERNORS (1814-1964) 237 APPENDIX E: PRINCIPAL LEGAL OFFICERS OF THE GOVERNMENT (1814-1964) 239 APPENDIX F: LEGAL ADVISERS TO THE GOVERNOR (1921-1964) 241 APPENDIX G: PRESIDENTS OF THE COURT OF APPEAL AND CHIEF JUSTICES (1814-1964) 243 APPENDIX H: POLITICAL PARTIES AND GROUPS IN MALTA (1880-1964) 245 APPENDIX I: BRITISH PRIME MINISTERS (1914-1964) 247

BIBLIOGRAPHY 249

INDEX 281

ix

About the Author

Professor Raymond Mangion, Head of the Department of Legal History and Methodology at the , studied at the University of Malta (MA History, LLD) and at the University of Oxford (DPhil). He has been lecturing in legal and legislative history at the Faculty of Laws, University of Malta, since 1993. His first book, Minutes of the Council of , 29 December 1835 to 13 August 1849, was published by Malta University Press in 2009. His volume in two Parts entitled Speakers’ Rulings in the of Malta - The Legislative Assembly, 1921-1924, was co-sponsored by the University of Malta and the in 2013, and chosen as Book of the Year by the Malta National Book Council. Photo credit: Domenic Aquilina Domenic credit: Photo

xi

ABBREVIATIONS

AA Archiepiscopal Archives AAG Archives of the Attorney Valletta Abbozzo Leggi di Organizzazione e Procedura Civile per L’Isola di Malta e Sue Dipendenze (Malta 1850) AC Appeal Cases ACJ Archives of the Courts of Justice ACZIntr (Dr) Alexander Cachia Zammit (Interview, 3.iii.2001) A&CE Architect and Civil Engineer AG Attorney General (File) AGA Albert Ganado Archives Aggs Aggs, WH, Chitty’s Statutes 1235- 1910/1925 ( 1912/1926) AHR Archives of the Valletta All ER All Law Reports AMA Archives of the Museum of Archeology Valletta Amery Report by LS Amery on the Financial and Economic Situation in Malta (London 1919) AM Archivium Melitense ANM L’Assemblea Nazionale di Malta, 25 Febbraio 1919-27 Maggio 1921, Processi Verbali e altri documenti dell’Assemblea Nazionale (Malta 1923) APM Associazione Politica Maltese App Appendix/Appendices APR Archives of the President of the Republic

xiii constitutions and legislation in malta

Art(s) Article(s) ASM Archivio Storico di Malta B Il-Berka/Il-Berqa BA Bachelor of Arts BEduc Bachelor of Education bk book/libro BM Il-Bandiera tal-Maltin c canon(s) C Correspondence/Circular CAR Chamber of Architects CAV Chamber of Advocates CBIntr Carmelo Bartolo (Interview, l.viii.1995) Cc Commercial Court CC Confidential Circular/Criminal Court CCA Court of Criminal Appeal CCAC Chamber of Commerce Archives Correspondence CCR Commercial Courier Cd/Cmd/Cmnd Command CD Circular Despatch CDIntr Consiglio D’Amato (Interview, 1.xi.2000) CEGIntr Carmelo Ellul Galea (Interview, 5.x.2000) Census Census of the Maltese Islands 1891/1948 (Malta 1892/1949) Cf compare CG Council of Government ch chapter/capitolo cl(s) column(s) Cl&F Clark and Fennelly, House of Lords Reports CO COA Court of Appeal

xiv abbreviations

Cobham Report by AJ Cobham on Malta in relation to future Air Routes (Malta 1928) Codex (1917) Codex Iuris Canonici (Roma 1917) Codice (1889) Codice Penale Italiano (1889) Col Colonial Number Collezione Collezione di Bandi COM(A) Magistrates’ Court (Appeal) COP Commissioner of Police Correspondence Correspondence with the Holy See Relative to Maltese Affairs (Cmd 3588) Cowp Cowper, King’s Bench Reports CP Constitutional Party CP Il Corriere Popolare CPH Chamber of Pharmacists CSL Chief Secretary’s Letters CWP Christian Workers Party

D Despatch DAP Democratic Action Party DCG Debates of the Council of Government DHC Hansard Reports, Parliamentary Debates of the House of Common (series 3/5) 1919-1933 (London 1830/1964) DHL Hansard Reports, Parliamentary Debates of the House of Lords (series 5) 1920/1935 Dhn Id-Dehen Dioc La Diocesi, Bollettino Ufficiale Ecclesiastico di Malta Diritto Municipale Del Diritto Muncipale di Malta (1st edn, Malta 1784)

xv constitutions and legislation in malta

DMC Daily Malta Chronicle/Malta Chronicle Doc document dos dossier DPhil Doctor of Dr Doctor edn(s) edition(s) ed(s) editor(s) Edin Edinburgh Educ Education Edw King Edward eg exempli gratia (i.e. for example) EMG L’Eco di Malta e ER English Reports et (al) and others et seq and the following pages

F Forward FHCC First Hall of the Civil Court FL First FOI of Industries - 35 Years of Service to Industry and the Nation (Malta 1981) FRA Farrugia Randon Archives FS First Session

GCIntr (Dr) G Cassar (Interview, 10.xi.2000) Geo King George GG Governor General GGM Gazzetta del Governo di Malta GM Gazzetta di Malta GMR 1363 General Miscellaneous Reports 1814- 1964, 1363 Minutes of Evidence (1919)

xvi abbreviations

GN Government Notice GP Government Press/Gozitan Party GPO Government Printing Office GWU General Workers Union

H Il-Ħabib HA Award by Sir Edgar Harper, FS1, Arbitrator appointed to decide on certain financial questions at issue between the Imperial Government and the Government of Malta (Malta 1922) Hel Ħelsien HL House of Lords HM Head of the Ministry Holy See Holy See Exposition of the Malta Question with Documents (Vatican 1930) Hons Honours

I Instructions to the Governor (including those of Malta) 14th April 1921 (London 1921) i.e. id est (i.e. that is to say) IGWU Imperial Government Workers Union IH Il Ħmar IK Il-Kotra IMLI International Maritime Law Institute IP Il-Poplu

JFA Journal of the Faculty of Arts JJCIntr (Prof) JJ Cremona (Interview, (24.viii.2000) JMS Journal of Maltese Studies JP

xvii constitutions and legislation in malta

LA Legislative Assembly Leggi di Procedura Leggi di Organizzazzione e Procedura Civile per l’Isola di Malta e sue Dipendenze (Malta 1855) Leggi Prammaticali (Vilhena) Leggi e Costituzioni Prammaticali, Rinuovate, Riformate ed Ampliate Dal Serenissimo ed Eminentissimo Signor Fr D Antonio Manoel De Vilhena (Malta 1724) LGħ Leħen Għawdex LGO Lieutenant Governor’s Office (File) LHR Library of the House of Representatives Valletta Libr. Library LIH Leħen il-Ħaddiem LIS Leħen is-Sewwa LLD Doctor of Laws LP (1907) Letters Patent, Royal Instructions, Orders in Council and Ordinances relating to the Constitution of the Council of Government of Malta (Malta 1907) LPCG Letters Patent constituting the Council of Government (1939) in MGG 8534, 25.ii.1939, 244-257 and 263- 276 LPG (1921) ‘Letters Patent constituting the Office of Governor and Commander in Chief of Malta 14th April 1921’ in MGG 6389, 4.v.1921, 352-366 LPG (1947) ‘Letters Patent constituting the Office of Governor and Commander

xviii abbreviations

in Chief of Malta 5th 1947’ in MGG 9589, 10.ix.1947, 1080-1092 LPRG (1921) ‘Letters Patent providing for the constitution of the Responsible Government of Malta 14th April 1921’ in MGG 6389, 4.v.1921, 326-352 LPRG (1947) ‘Letters Patent providing for the constitution of the Responsible Government of Malta’ in MGG 9597, 23.ix.1947, 962-989 LPPapers (1889) Law, Letters Patent and other Papers in relation to the Constitution of the Council of Government of Malta (Malta 1889) LPPapers (1921) Papers relating to the New Constitution Letters Patent (London 1921) (Cmd 132) LSE London School of Economics and Political Science LT Law Times

M M Malta MA Master of Arts MAC Minutes of the Antiquities Committee MBMC Minutes of the Board of the Museum Committee MC Malta Constitution (1961/1964) MCCIntr (Judge) M Caruana Curran (Interview, 22.iii.2001) MCG Original Minutes and Proceedings of the Council of Government MCH Mount Carmel Hospital

xix constitutions and legislation in malta

MDV Mid-Day View MEduc Master of Education Melit Malta MH Melita Historica Memo TUC Memorandum by the Malta Trade Union Council to the Malta Royal Commission (London 1931) MF Medical File MFA Malta Football Association MGG Malta Government Gazette Mgr Monsignor M(I)C Malta Independence Conference (Cmnd 2121) MIG Maltese Imperial Government Min Minute MJ Ministry of Justice (File) ML Melitensia Library MLP Malta MLR Malta Law Reports MN Malta News MPH Ministry for Public Health MR Medical Registry Ms. Manuscript MSB Minutes of the Symmetry Board MT Malta (Għada) Tagħna MTF Malta Trade Fair - 1952 Official Guide (Malta 1952) MWP Malta Workers Party n number N Notice N In-Naħla NA Notarial Archives Valletta NAAFI Navy, Army and Air Force Institute(s)

xx abbreviations

NARM National Archives Rabat Malta NARMCD National Archives Rabat Malta, (Confidential) Despatch NARMD National Archives Rabat Malta, Despatch NARMLGO National Archives Rabat Malta, Lieutenant-Governor’s Office (File) NARMSD National Archives Rabat Malta, (Secret) Despatch NBL New Bodleian Library 2nd second NFIntr Natal Falzon (Interview, 10.x.1996) NL National Library Valletta NLRRC National Library Valletta, Report of His Majesty’s Commissioners in the Affairs of Malta (1812) noe no(min)e/on behalf of Not Notary NZ In-Nazzjon

O l-Orizzont OPM Office of the Prime Minister (File) Oxon Oxford p Part P Patria Pamphlets Collection of Electoral Propaganda Pamphlets (Malta 1922) Papers TUC Papers relating to the Bill entitled The Malta Trade Union Council (Constitution) Act 1925 (Malta, 1926) Para paragraph

xxi constitutions and legislation in malta

Part(s) Part(s) passim here and there Past Lett Pastoral Letter PC Privy Council PCP Progressive Constitutional Party PDLA Parliamentary Debates Legislative Assembly 1921-1930/1947-1962 PDN Partito Democratico Nazionale/ Partit Demokratiku Nazzjonali PDS Parliamentary Debates Senate 1921-1930/1932-1933 Petit Petition PHA Papers relating to the Harper Award (1922) PhD Doctor of Philosophy PJ Il-Partit ta’ Jones (newspaper) PL Papers Laid PLCG Papers Laid Council of Government PLLA Papers Laid Legislative Assembly PLS Papers Laid Senate PM Portafoglio Maltese PN Partito Nazionale/Partito Nazionalista PNM Partito Nazionalista Maltese PPMC Public Proceedings of Merchants Committees prn pro et nomine Procl Proclamation Procl Proclamations, Minutes and other Official Notices (Malta 1821) PROCOD Public Records Office, Colonial Office, Despatch Prof Professor Pr Progress Progetto Progetto di un Codice Penale dai DD

xxii abbreviations

Bonnici e Bonavita (1834) PRS Proportional Representation System PSCC Papers relating to the Select Committee on the Chamber of Commerce (1930) PSCEB Papers relating to the Select Committee on Expropriation (1933) PSCFR Papers relating to the Select Committee on Factories Regulation Act (1925) PSCMMC Papers relating to the Select Committee on Use of Machines for Manufacturing Cigarettes (1922- 1925)

QCL La Questione Costituzionale e Linguistica Dopo il Colpo di Stato del 2 Novembre 1933 (Malta 1933)

RA Report on Arbitration (Malta 1946) RAF RCME Royal Commission Minutes of Evidence (Malta 1932) RCP Rules and Regulations for the Information and Guidance of the Principal Officers and others in His Majesty’s Colonial Possessions (London 1837) RCPC Report of the Commercial Partnerships Law Reform Commission Accompanying A Draft Commercial Partnership Bill (Malta 1956) RCS (1843) Rule and Regulations for Her Majesty’s Colonial Service (London 1843) RCS (1908) Regulations for His Majesty’s Colonial

xxiii constitutions and legislation in malta

Service (London 1908) RELSWD Report of the Emigration, Labour and Social Welfare Department (Malta 1957) RES Report on the Elementary Schools Rev Reverend RGE Report on General Elections (1955) RGSA Report of a Select Committee appointed to enquire into the operation of the law and practice affecting the manufacture of Gold and Silver Articles for sale (Valletta 1850) RIBA Royal Institute of British Architects RLL Report on Long Leases (Malta 1920) RLVC Report and other Papers relating to the Valletta Lay-Out Competition (Malta 1925) RMCC Report on the Malta Constitutional Commission 1960 (Cmnd 1261) RMRTC Report of the Malta Round Table Conference (London 1956) (Cmnd 9659) RPF Report of Board appointed to enquire into the question of the pay and conditions of service of the Police Force (Malta 1919) RRC Report of the Royal Commissioners (1812/1932) RSEA Regolamento della Società Economico Agraria del Gruppo di Malta (Malta 1844) RURSBS Report on the Utilisation of Red Earth from Building Sites (1934) RVD Report on the Conference held between the Visiting Delegation from the

xxiv abbreviations

United Kingdom (Malta 1927) RWGD Report on the Working of Government Departments 1901/1964 (Malta 1902/1965) s Section S Senate S Is-Sebħ Sc Scientia SCA Statuto Della Camera Degli Avvocati Approvati nella Seduta del 18 Gennajo 1877 SCF Statuto della Camera Farmaceutica di Malta (Malta 1900) SD Secret Despatch Sec Secretariate SFU Statuto Fondamentale del Università (Malta 1838) sh shilling SJ Solicitors’ Journal or Society of Jesus SL Second Legislature SMS Statuto della Società Operaja ed Industriale di Mutuo Soccorso (Tipografia del Popolo, Malta 1886) SO(s) Standing Orders(s) SOLA Standing Orders of the Legislative Assembly (Malta 1922) SOS Standing Orders of the Senate (Malta 1922) SPCC Statement of Policy on Constitutional Reform (London 1947) (Cmd 7014) SS Second Session SSM Statuto della Società Medica

xxv constitutions and legislation in malta

d’Incoraggiamento (Malta 1839) 1st first STV SULM Statute of the University and Lyceum of Malta (Malta 1907) Suppl Supplement t title T The Teacher (of Malta) TB The Bulletin TD The Dawn TL Telegram TLJ The Law Journal (Malta) TMH The Malta Herald TN The Nation TR The Review Treas Treasury TST The Sunday Times (of Malta) TT The Torch TTb The Tablet TTL The Times (of London) TTM The Times (of Malta) TUC Trade Union Council

UK United Kingdom of Great Britain and Northern Ireland UKPC Judicial Committee of the Privy Council Reports UN United Nations Organisation UOM University of Malta (theses) UOX University of Oxford (theses) US United States of America

xxvi abbreviations v volume(s) v versus V Valletta V La Voce del Popolo Vict Vol 1 Constitutions and Legislation in Malta, Volume 1: 1914-1933 VLCO Valletta Lay-Out Competition - Correspondence with Assessors (Malta 1925) VM Voice of Malta

Will King William WO War Office

Xandira Xandira Oħra Ipprojbita (Malta 1962)

& and

xxvii

TABLE OF LEGISLATION (Volume 2)

malta

Proclamations (1814-1835)

Civil Code 1874 (Ordinance VII 1868/Ordinance I 1873) 134, 188, 197 Code of Police Laws 1854 141 Criminal Code 1854 14, 33, 39, 79, 112, 143, 182, 187, 258, 271 Electric Telegraph Ordinance I 1904 11 Freedom of Speech (Council of Government) Ordinance VIII 1881 44 Land Encroachment Ordinance II 1881 12 Medical and Kindred Profession Ordinance XVII 1901 (Second Sanitary Ordinance) 28 Pensions (Retirement) Ordinance II 1905 129

Ordinances (1914-1921)

Maintenance Orders (Reciprocal Enforcement) Ordinance V 1921 181 Succession and Donation Duties Ordinance XVIII 1918 82, 125, 218

Acts and Ordinances (1921-1933)

Aesthetic Buildings Act VI 1926 16 Aircraft Photography (Prohibition) Ordinance IV 1923 222 Criminal Code (Amendment) Act XXVIII 1933 182 Compulsory Attendance Act XXII 1924 223 Electoral Act XIV 1924 23, 38 Encouragement of New Industries (Amendment) Act X 1925 138, 139 Expropriation Act III 1930 12, 27 Factories Regulation Act XXI 1926 208, 222 Foreign Judgments Reciprocal Enforcement Act VII 1924 93 Imperial Forces (Military Training) Ordinance I 1927 18, 19, 110, 211, 217 (Judicial Proceedings) Act XVI 1929 211 Merchant Shipping Wireless Telegraphy Ordinance I 1923 222

xxix constitutions and legislation in malta

Notarial Profession and Archives Act XI 1927 208 Official Secrets Ordinance III 1923 222 Press (Amendment) Act XXIX 1929 8, 9 Press Law (Amendment) Ordinance XI 1932 8 Privileges, Immunities and Powers of the Legislature Act XXIV 1924 23 Reletting of Urban Property Act I 1925 23 Reletting of Urban Property Ordinance XXI 1931 44, 74, 98, 128, 176, 187 of Malta Declaration Act I 1922 138, 196, 214 Simultaneous Teaching of Italian and English Act IX 1923 (‘Pari Passu’ Act) 24, 73, 207, 210 Telephony (Undertaking) Act XII 1932 11 Trade Union Council Act XXII 1929 209, 211, 213, 219, 221 Trade Union Council (Constitution) Act 1925 29, 218 Trade Unions Act IV 1933 23, 29, 223 Trade Unions Act XXI 1929 223 Trade Unions Registry Act III 1933 29, 223 Treasury and Audit Act XII 1926 30, 223 Trespass Ordinance II 1923 2 222 Validation of Acts (I/XXIX 1929) Ordinance II 1930 213 Valletta and Floriana Exploitation Fund Act I 1927 10 Venereal Diseases Ordinance VIII 1930 214 Visibility of Traffic Ordinance XIX 1931 216 Weekly Rest (Bakers and Barbers) Act XL 1933 223 White Slave Traffic (Suppression) Ordinance VII 1930 214 Widows and Orphans’ Pension Act XIX 1927 207, 222 Wireless Telegraphy Ordinance II 1922 222 Workmen’s Compensation Act VI 1929 12, 38, 111, 117, 136, 145, 208, 211, 222, 223 Workmen’s Dwellings Fund Act VI 1927 10

Ordinances (1933-1947)

8 September 1565 Celebration (Repeal) Ordinance XXI 1936 24 Abolition of Laws Ordinance XV 1934 10 Aesthetic Buildings Ordinance XXXV 1935 12, 18, 21

xxx table of legislation

Agricultural Produce (Export) Ordinance III 1935 18 Agricultural Statistics Ordinance I 1935 18 Aircraft (Application of Laws) Ordinance X 1934 10 Arbitration Awards Ordinance XXVII 1934 11 Arbitration Protocol Ordinance XXVI 1934 11 Attorney General (Constitution of) Office Ordinance XXX 1936 26 Broadcasting Ordinance XXXIV 1935 21 Cattle Breeding Ordinance XXXIII 1938 33 Code of Organisation and Civil Procedure (Amendment) Ordinance IV 1934 10 Code of Organisation and Civil Procedure (Amendment) Ordinance XVI 1934 10 Compulsory Education Ordinance II 1946 54, 62, 209, 214, 223 Co-operative Societies Ordinance XXXIV 1946 54, 63, 75, 76, 209 Damaged Areas Rehabilitation Ordinance XXXVI 1946 63 Dangerous Drugs Ordinance XXXI 1939 12, 18, 37, 38, 211, 217 Development of Tenements (Evaluation) Ordinance VIII 1941 43 Electoral (Franchise and Registration of Voters) Ordinance XIX 1939 37, 72 Electoral (Polling) Ordinance XXXIV 1939 38, 186 Electoral Franchise Ordinance V 1947 65 Electricity Supply Ordinance VII 1934 10 Emergency Powers (Transitional Provisions) Ordinance XLIII 1946 64 English Language in the Malta University Ordinance I 1936 21 Entertainment Duties Ordinance V 1946 62 Entertainment Duty Ordinance XI 1939 36 Factories Regulation Ordinance X 1940 18, 41, 65, 207, 208 Fertile Soil Preservation Ordinance II 1935 18 Fixed Electrical Power and Telegraphic Communication Systems Ordinance XXIII 10, 11 (Restriction of Use) Ordinance XVI 1943 51 Hours of Employment and Shops Ordinance V 1938 18, 31, 65, 122, 143 Hours of Employment Ordinance XVII 1936 22 Import and Export Duties Ordinance I 1941 43 Import and Export Duties Ordinance IV 1940 41 Import and Export Duties Ordinance V 1940 41

xxxi constitutions and legislation in malta

Import and Export Duties Ordinance VI 1940 41 Import and Export Duties Ordinance X 1939 36 Import and Export Duties Ordinance XII 1946 62 Import and Export Duties Ordinance XXI 1935 20 Import and Export Duties Ordinance XXXI 1938 33 Imports and Exports Duties Ordinance VIII 1937 28 Imports and Exports Duties Ordinance XXV 1937 30 Imports and Exports Duties Ordinance XXXIII 1937 30 Imposition of Ordinance IV 1933 8 Insanitary Areas (Demolition) Ordinance XXXV 1939 26, 27, 37, 38 Intoxication Ordinance XIII 1935 20 Judicial Proceedings (Maltese and English Languages) Ordinance XX 1936 24 Land Acquisition (Public Purposes) Ordinance XL 1935 (‘Expropriation’ Ordinance) 12, 18, 21, 137, 187 Maltese and English Language in the Malta University Ordinance XXXIV 1934 13, 14 Medical and Kindred Profession (Amendment) Ordinance I 1937 28 Milk Marketing Undertaking Ordinance XXXIX 1938 33 Motor Car (Insurance) Regulation Ordinance XXXVI 1939 38 Notarial Profession and Archives Ordinance XXIII 1936 24 Pensions Ordinance XXVII 1937 30 Personal Injuries (Amendment) Ordinance XVII 1942 46 Personal Injuries (Amendment) Ordinance XXXII 1946 63 Personal Injuries Ordinance IX 1941 43, 44, 46, 62, 63, 128 Petrol Pumps Ordinance XII 1936 22 Petroleum Ordinance XXIII 1947 66 Pig Breeding Ordinance X 1937 28, 29 Pilotage Ordinance XX 1937 29 Press (Amendment) Ordinance XXXII 1935 20 Press Act (Amendment) Ordinance V 1933 8, 19, 56, 63, 187 Press Law (Amendment) Ordinance XXXV 1946 63 Private Schools and Teaching Ordinance III 1946 62 Privileges and Immunities of the Council of Government Ordinance XX 1942 47 Prohibition of Death Sentence on Expectant Mothers (‘Child-

xxxii table of legislation

Murderers’) Ordinance XXXVII 1934 14 Public Health Department Re-Organisation Ordinance XXX 1937 30 Public Meetings (Suspension) Ordinance VIII 1933 8, 20, 187 Public Schools Ordinance XXV 1936 24 Racecourse Betting (‘Totalisator’) Ordinance V 1934 10, 11 Reletting of Urban Property (Continuance) Ordinance XI 1941 44 Reletting of Urban Property (Continuance) Ordinance XXII 1942 46 Removal of Detained Persons Ordinance I 1942 45 Rent Restriction (Dwelling Houses) Ordinance XVI 1944 55, 79, 176 Repression of False News Ordinance XXXI 1935 20 Seditious Propaganda (Amendment) Ordinance XXXIII 1935 20 Simultaneous Teaching (English and Italian) (Repeal) Ordinance XXIV 1936 24 Spirits Duties Ordinance VII 1937 28 Stamp Duties Ordinance IX 1939 36 Stamp Duties Ordinance V 1941 43 Stamp Duties Ordinance XV 1935 20 Stamp Duties Ordinance XXXVII 1938 33 Stevedores and Port Labourers Ordinance XXI 1939 37, 188 Succession and Donation Duties (Amendment) Ordinance VI 1941 43 Succession and Donation Duties (Amendment) Ordinance XXVIII 1937 30 Succession and Donation Duties (Amendment) Ordinance XXXIV 1938 33 Telegraph Ordinance XXIV 1934 10 Territorial Force Ordinance XLIX 1939 39 Trade-Unions and Trade Disputes Ordinance IV 1945 57 Trade-Unions Ordinance XXII 1937 29, 51 Trade-Unions Registration Ordinance XXI 1937 29, 51 Trading with the Enemy Ordinance XLVII 1939 39 Transfer of Gratuities (Emergency) Ordinance XVIII 1946 62 Treasury and Audit (Amendment) Ordinance XXXIV 1937 30 Veterinary Service Ordinance XXI 1938 32 War Damage (Amendment) Ordinance XVII 1944 55 War Damages Ordinance III 1943 51 War-Disabled Grant of Gratuity Ordinance XVIII 1942 46

xxxiii constitutions and legislation in malta

Water Pumps Ordinance XI 1938 32 Workmen’s Compensation (Amendment) Ordinance XXVIII 1934 12

Acts and Ordinances (1947-1958)

Addolorata Cemetery (Amendment) Act IV 1955 128, 129 Agricultural and Fishing Industries (Financial Assistance) Act II 1956 134 Carriage of Goods By Sea Act XI 1954 120 Census Act II 1948 80 Code of Police Laws (Amendment) Act II 1957 141 Conditions of Employment Regulation Act X 1952 106, 107, 108, 207 Diplomatic Privileges and Immunities Act V 1950 94 Disentailment Act XII 1950 94 Electrical Distribution System Act VI 1954 116 Employment Service (Amendment) Act XVII 1957 143 Employment Service Act XIV 1955 129 Expiration of Certain Laws Act X 1954 119, 120 Expropriation (Amendment) Act IX 1956 137 Fish Industry Act XII 1953 111, 112 Football Forecast Pools Act XV 1951 103 Gas Act XXVI 1952 109 Government Lottery Act XVI 1956 137 Headquarters Allied Forces Mediterranean (Repeal) Ordinance II 1955 125 Headquarters Allied Forces Mediterranean Ordinance I 1955 124, 125 Housing Act II 1949 89, 90, 100, 120 Import and Export Duties (Amendment) Act XIV 1951 104 Import and Export Duties Act XXXVII 1948 84 Income Tax Act LIV 1948 61, 66, 75, 79, 86, 88, 207, 217 Industrial Training Act XI 1952 106, 108 Infanticide Act VI 1947 14, 15, 54, 79 Minister for Labour and Social Services Act III 1947 79 National Assistance (Amendment) Act XIX 1957 143 National Assistance Act VIII 1956 137, 193, 223 National Insurance (Amendment) Act XVIII 1957 143

xxxiv table of legislation

National Insurance Act VI 1956 137, 193, 223 National Lottery Act XXVI 1948 83, 84 Notification of Cancer Act XXI 1957 144 Old Age Pension (Amendment) Act XVI 1957 143 Old Age Pension Act XXV 1948 61, 66, 79, 83, 84 Personal Injuries (Amendment) Act III 1955 111, 128 Petroleum Protection Act IV 1958 145 Prevention and Settlement of Trade Disputes (Conciliation and Arbitration) Act XXXVIII 1948 61, 66, 85 Probation of Offenders Act XII 1957 143 Public Gardens (Hours of Closure) (Amendment) Act VI 1955 129 Referendum Act XLV 1955 132 Reletting of Urban Property (Amendment) Act V 1955 129 Rent Restriction (Amendment) Act V 1947 79 Sand Preservation Act XVI 1949 91, 92 Security of Communications Ordinance I 1956 139 Shops and Hawkers (Business) Hours Act XXIV 1957 144 Statistics Act XV 1955 129 Succession and Donation Duties (Amendment) Act VII 1948 82 Supplies and Services (Continuation) Act IX 1951 103 Supplies and Services Act IV 1947 79, 100, 116, 119, 169 Temporary Borrowing Act VII 1951 103 Tourist Industry Development Act II 1958 145 Treasury and Audit (Amendment) Act II 1951 103, 191 Treasury and Audit Act IX 1948 82, 178 Treasury Bills Act II 1952 103

Ordinances (1958-1962)

Accountant General Ordinance VI 1959 178 Adoption Ordinance XXI 1962 188, 189 Aids to Industries (Amendment) Ordinance XIV 1959 178 Aids to Industries Emergency Ordinance XXI 1959 176, 223 Broadcasting Ordinance XX 1961 184 Commercial Partnerships Ordinance X 1962 187 Development of Local Loan Ordinance XIX 1959 178

xxxv constitutions and legislation in malta

Director of Audit Ordinance VII 1959 178 Financial Provision Ordinance V 1959 177 Gozo Local Council Ordinance XI 183, 184 Housing (Continuance) Emergency Ordinance V 1958 169 Housing Decontrol Emergency Ordinance XIX 1959 176, 217 Kursaal Ordinance XVI 1962 188 Maintenance Orders (Reciprocal Enforcement) Ordinance XXI 1960 181 Malta Dockyard (Transfer to Bailey Ltd) Emergency Ordinance XV 1959 172 Malta Government Savings Bank Ordinance XXV 1961 184 Malta Government Tourist Board Emergency Ordinance XIII 1958 169 Malta Police Force Ordinance II 1961 181 Malta Treasury Bills (Continuance) Ordinance IV 1958 169 Port Ordinance XIII 1962 188 Public Meetings (Emergency) Ordinance I 1958 168 Public Offices (Appointment and Removal) Ordinance VII 1958 169 Public Registry Emergency Ordinance VIII 1958 169 Registered Stocks and Debentures Ordinance XVIII 1959 178 Royal University of Malta Emergency Ordinance IX 1958) 169 Supplies and Services (Continuance) Ordinance II 1958 169 Treasury and Audit (Continuance) Ordinance III 1958 169

Acts (1962-1964)

Civil Code (Amendment) Act XXVIII 1963 197 Emergency Powers Act VIII 1963 194 Financial Administration and Audit Act I 1962 191 International Bank Loan (Electricity and Water Projects) Act XXVII 1963 194 Malta Dockyards (Temporary Provision) Act I 1963 193, 194 National Assistance (Amendment) Act IX 1962 193 National Insurance (Amendment) Act VIII 1962 193 Referendum Act VI 1964 197 World Bank (Reconstruction) Act XXIV 1963 194 united kingdom

xxxvi table of legislation

Adoption Act (1950) (14 Geo 6, ch26) 189 Arbitration Act (1934) (24&25 Geo 5, ch14) 11 Betting and Lotteries Act (1934) (24&25 Geo 5, ch56) 84 Bills of Lading Act (1924) (14&15 Geo 5, ch22) 120 British Nationality Act (1948) (11&12, Geo 6, ch56) 72 Children and Young Persons Act (1933) (23&24 Geo 5, ch12) 143 Companies Act (1948) (18&19 Geo 6, ch38) 134 Criminal Justice Act (1948) (11&12 Geo 6, ch58) 142 Dangerous Drugs Act (1932) (22 Geo 5, ch15) 12 Electricity Supply Act (1919) (9&10 Geo 5, ch100) 41 Electricity Supply Act (1919) (12&13 Geo 5, ch46) 41 Emergency Powers (Defence) Act (1939)(2&3 Geo 6, ch62) 39 Factories Act (1937) (1 Edw 8&1, Geo 6, ch7) 31 Housing Act (1936) (25 Geo 5&6, Edw 8, ch51) 27 Industrial Courts Act (1919) (9&10 Geo 5, ch69) 85 Infanticide Act (1922) (18&19 Geo 5, ch18) 15 Infanticide Act (1938) (1&2 Geo 6, ch36) 33 Landlord and Tenant Act (1954) (2&3 Eliz 2, ch56) 176 Malta (Letters Patent) Act (1934) (26 Geo 5/1 Edw 8, ch29) 23 Malta Independence Act (1964) (12&13 Eliz 2, ch86) 199 Malta (Letters Patent) Act (1959) (7&8 Eliz 2, ch14) 174 Malta Reconstruction (Final Settlement) Act (1946) (1o&11 Geo 6, ch9) 64 Rent Act (1957) (5&6 Eliz 2, ch31) 176 Sea Fisheries Act (1883) (46&47 Vict, ch22) 111 Sentence of Death (Expectant Mothers) Act (1931) (21&22 Geo 5, ch24) 14 Act (1954) (2&3 Eliz 2, ch55) 182 War Damage Act (1942) (5&6 Geo 6, ch28) 46

xxxvii

table of cases (Volume 2)

malta

Abela et al v Bonello ACJVFHCC 11.ii.1942 45 Cassar Desain v Forbes ACJVCOA 7.ii.1935 19 Cilia v Cuschieri ACJVCOA 12.xi.1948 89 Mintoff v Bianco ACJVFHCC 14.vii.1968 168 Mizzi v Galizia ACJVCOA 9.i.1935 98 Police v Abdilla ACJVCOA 13.i.1962 187 Police v Lanzon ACJVCC 24.vii.1957 16 R v Arnaldo Belardinelli ACJVCC 13.iii.1935 19 R v Joseph Scorey ACJVCOA 16.v.1935 19 R v Micallef ACJVCC 25.vii.1944 54 Strickland v COP ACJVFHCC 9.i.1935 17 Strickland v Galea ACJVCOA 9.i.1925 17 Strickland v Sammut ACJVCOA 13.ii.1938 31, 33

united kingdom

Campbell v Hall [1774] Cowp 204 30 George Cassar Desain v James Cassar Desain Viani et al [1947] UKPC 80 21 R v Beard [1920] AC 479 15 R v Secretary of State for Foreign Affairsex parte Greenberg [1947] 2 All ER 550 111 Sammut v Strickland [1938] AC 678 34

xxxix

LIST OF ILLUSTRATIONS

Sir Arturo Mercieca 149 Sir Augustus Bartolo 150 Sir Ugo Mifsud 151 Lord Gerald Strickland 152 Professor 153 Dr Louis Galea 154 Dr 155 Sir George Borg 156 Archbishop Sir Michael Gonzi 157 Sir 158 Mabel Strickland 159 Mr 160 Dr Giorgio Borg Olivier 161 Professor John J Cremona 162 Sir Anthony J Mamo 163 Dr Maurice Caruana Curran 164

xli

Constitutions and Legislation in Malta 1914 - 1964

volume 2: 1933-1964

FOREWORD one of the great unsolved mysteries of European legal history is how the Digest of Justinian acquired its peculiar medieval division into three parts.*Quite a few palaeographers and not so many legal historians have tried to unravel the conundrum, but there seems to be no definitive answer till this very day. The division of a long work into subparts can be tricky. The classic example I have just given (in a ludic fashion, needless to say) illustrates the point. So a few words spent to shed light on the division of my work into two parts will not be wasted. There were only two instances in the history of 20th century Malta in which a Constitution survived for a long(ish) period of time: (a) the 1921 Constitution and the (b) 1964 Constitution. The latter clearly falls without the scope of the present work. The tension which had existed between the Maltese and the British colonial powers since 1813, with the Maltese repeatedly asking for more political and administrative autonomy and the British repeatedly denying it, culminated in the 1919 revolt. Four Maltese were shot by British troops, but at least the crisis gave birth to the 1921 Amery-Milner Constitution which granted self- government to the Maltese. However, the Maltese were not to enjoy their Constitution for long. In 1930, it was suspended; it was restored in 1932, only to be this time withdrawn in 1933, when Malta returned to Crown Colony Government as it had in 1813. One can thus appreciate that Volume 1 represents a full cycle, from the zero position of 1813 to the apogee of 1921 to the return to zero position in 1933. Volume 2 opens with the 1936 Constitution, which provided for nominated members to the Executive Council. It was followed by the 1939 Macdonald Constitution, which allowed the Council of Government to be elected. The story continues from there, up till the 1964 Constitution, which still obtains today.

* See JQ Whitman’s (1991) “A Note on the Medieval Division of the Digest” in Tijdschrift voor Rechtsgeschiednis 59:269.

 constitutions and legislation in malta

There is obviously an intimate relationship between legisla- tion and constitutions. The latter offer the political framework within which legislative autonomy can be exercised, and laws for the Maltese enacted by their own democratically-elected repre- sentatives. The Maltese fought bravely and gallantly under the British against the Germans during World War Two. Upon conferment of the newly-created George Cross in 1942, then-Governor Sir addressed the Maltese on the radio and exhorted them to give more: “Whatever sacrifices whether individual or collective we may be called to make – well, we will make them readily. Whatever service may be required of us will be readily and gladly given. It is no small thing to enjoy the proud position in which Malta now finds itself. We must live worthy of this exceedingly high calling.”†It cannot escape the eye of the intelligent reader that while readily demanding more, in terms of lives, property, safety, health, and generally sacrifice, Britain in return readily gave Malta a 4.8 x 4.5 cm silver cross. Britain much less readily gave the Maltese what they really wanted: more, or preferably full, autonomy in their internal affairs, and ultimately in their external affairs too. This second Volume narrates that story, and the effects of the snakes-and-ladders game of constitutions on Maltese legislation.

Raymond Mangion March 2016

†  “Malta: First Recipient of the George Cross” in Times of Malta, 18 April 1942, p. 3.

 PART III CROWN COLONY RULE AND QUALIFIED REPRESENTATIVE GOVERNMENT, 1933-1947 from 1933 to 1947 Malta reverts to Crown colony rule. There are constitutional changes within that period. The years from 1933 to 1936 see direct gubernatorial government. From 1936 to 1939, however, government is also in the hands of an Executive Council. Then, from 1939 through the war years to 1947 there is government by qualified representation. The two chapters of Part III follow these changes in the legislative machinery and, so, cover the periods 1933-1939 and 1939-1947 respectively. The Executive Council marks a sub-division in the first chapter. Other sub-divisions are according to the principal trends of the government of the day in the choice of statutory enactments.

The fact that this Part of the book turns around the build- up, outbreak and duration of a second world war means that, inevitably, the War Office in London and the Armed Forces of the Crown in Malta are the influences on the colony’s legislation. The local Church continues to be the other predominant body in the country, especially as a result of changes in the leadership of the Church. Trade unions definitively establish themselves as another major force, especially under war conditions as during World War One. World War One had the same strengthening effect on the unions. Three individual politicians stand out in the second chapter, in 1939-1947, as the rising stars among the dramatis personae in the future law-making. They are Dr Giorgio Borg Olivier, a notary, Dom Mintoff, an architect, and Archbishop Michael Gonzi.



Chapter 8 GUBERNATORIAL RULE this first chapter of Part III deals with gubernatorial rule from 1933 to 1939. The legislative story reflects the contemporary political climate and the escalation of war. Statutes are passed on Colonial and War Office initiative in response to Britain’s increasing anxiety about the imperial and military implications of local attempts to Italianise Malta. On the economic front, the building industry revives. Major projects resume. A series of steps are taken to protect the agricultural sector. Capital expenditure requires to be financed. Fiscal measures are taken to that end. The colonial and military authorities encounter opposition from the PN and other pro-Italian bodies. But even Lord Strickland is found resisting some fiscal laws. Lawyers Dr Micallef, in the role of Superintendent of Agriculture, and Dr Pace, as a building entrepreneur, are seen militating for or against agricultural measures.

Britain’s decision of 2 November 1933 to return Malta to Crown colony status and to the system in which the Governor makes law by Ordinances, was the second in three years. However, this time, Britain made it clear beyond a doubt that it expected Crown colony status would last ‘for some considerable time’. To prepare the colony-cum-fortress for any potential war with the of Mussolini, Britain initiated mock raids and practice blackouts. With these preparations came repressive legislation. Like Lords Grenfell and Plumer before him, the Governor, Sir David Campbell, sought to balance the pursuit of imperial interests by Crown colony diktat according to imperial needs with programmes and concessions designed to satisfy local

 MGG 7826, 3.xi.1933.  NARMLGO-291/1933.  Bradford 2.  See Vol 1 91.

 constitutions and legislation in malta demands and stimulate pro-British feelings. For instance, he appointed the British expert FA Stockdale to report on the condition of agriculture in Malta and appointed ex-Minister Dr Micallef as Superintendent for Agriculture to formulate the necessary legislative reforms. Of course, the ‘virulent’ PN press and pro-Italian activities had to be thoroughly controlled as a matter of priority. This meant that the initial enactments of Crown colony rule would curtail ordinary freedoms. First, Sir David promulgated Ordinance IV (1933) to impose a state of emergency. Next, by way of Ordinance V (1933), he substituted Ordinance XI (1932) for Ordinance XXIX (1929) with the effect of re-entrusting the trial of press offences to a Magistrate.10 He brought into effect Ordinance VIII (1933) to suspend public meetings and demonstrations.11 Aiming at the formation of opinion, he appointed anglophile lawyer and historian Dr Albert Laferla as Director of Education.12 Several English teachers were also appointed in elementary schools.13 On behalf of his PN, the largest and most influential party together with the CP, Dr Enrico Mizzi challenged the legality of the new Letters Patent on the ground that they had been issued without any ‘grave emergency’.14 Although it now hoped that Mussolini would not ally with Germany in view of Hitler’s plan to invade Austria,15 London imposed the new Letters Patent because within the context of the spread of Fascism, it had considered ‘a grave emergency’ the PN government’s attempt to re-Italianise Malta’s institutions. Dr Mizzi also broke relations with his close political comrade Dr Micallef for accepting the offer from the Governor to serve in a public office under the ‘retrograde’ Letters

 Luke (1956) 85-86.  Stockdale 487-488.  MGG 7835, 20.xi.1933.  NARMSD-Campbell/Cunliffe-Lister 5.iv.1933.  NARMLGO-262/1933. 10 NARMLGO-354/1933. 11 NARMLGO-309/1933. 12 MGG 7833, 17.xi.1933. 13 NARMLGO-322/1934. 14 See 17, 18 for judgment. 15 Collett 181.

 gubernatorial rule

Patent.16 While the Governor prevented his party fulfilling its promise to render Malta more agricultural, Dr Mizzi did nothing to hide his disappointment in his ex-colleagues in .17 Lord Strickland for his part disapproved of the suspension of public gatherings and called ‘sarima’ (‘muzzle’) the substitution of Ordinance XXIX (1929), the Press Act by which his government had tried to muzzle the Opposition press.18 He was to figure as President of the National Farmers Union regarding agricultural projects.19 But under restored Crown colony rule, he personally challenged as ultra vires the Governor’s right to impose taxation.20 In the years after 1918, he had been a main critic of taxation as a source of public revenue.21 The local Church did not react to the suspension of the Constitution of 2 November 1933. On Vatican instructions, it ordered the clergy to avoid intervening in politics so as not to provoke Fascist penetration and Imperial retaliation.22 Whilst Archbishop Caruana’s health deteriorated and long-range changes in the Church leadership and high ranks loomed, the Curia prepared for important events.23 For instance, the First Regional Council of the country’s clergy was scheduled for June 1935.24 The Maltese diocese’s administration was entrusted to the Gozitan Bishop Gonzi, the ex-LP Senator, who after seconding the decree imposing ‘spiritual penalties’ in 1930, had been stigmatised a reactionary in the CP-LP and imperialist camps.25 The Chamber of Advocates, the Notarial Council and other pro-Italian groups, who indiscriminately opposed all measures that divested Italian of its traditional official status, joined the PN in its protests against the restoration of Crown colony rule.26

16 See 8. 17 QCL 32. 18 NARMLGO-357/1934. 19 See 16, 24, 32. 20 See 17, 18 for judgment. 21 See Vol 1 86. 22 Bugeja 115. 23 A Vella (1978) 127-128. 24 See 20. 25 Fenech (1976) 12. 26 See 13, 24.

 constitutions and legislation in malta

8.1. IMPERIAL DICTATES

The period 1933-1936 opens with Sir David Campbell seeking immediately to take complete control of the telephony and telegraphy systems, and electricity, for defence purposes. At the same time, he is seen ready from the outset to increase capital expenditure and risk overburdening the national coffers for the purpose of undertaking his agricultural policy and resuming important public welfare projects that popularise Crown colony rule.27

In the first half of 1934, Sir David enacted around two dozen laws, a large number of which were of minor significance. Examples included Ordinance XV28 to abolish the obsolete Acts I and VI 1927, or Ordinances IV29 and XVI30 to effect procedural amendments to Codes or principal laws. The Totalisator Ordinance, Ordinance V (1934), was an innovative piece of legislation in the country’s legal system and the first noted measure of the year.31 It was meant to regulate gambling on greyhound and horse racing in line with the English Betting and Lotteries Act (1934).32 Under Colonial or War Office instructions and following English or colonial models, measures of technological importance were introduced. Ordinances VII, XXIII and XXIV (1934)33 regulated electricity supply, fixed electrical power and telegraphic communication systems, including the licensing of their use. On the lines of a Kenyan Ordinance of 1928, Ordinance X (1934) aligned the local control of air navigation

27 Dobie 108-109. 28 NARMLGO-133/1934. 29 NARMLGO-14/1934. 30 NARMLGO-134/1934. 31 NARMTreas-1714/1934. 32 24&25 Geo 5, ch58. 33 NARMLGO-291/1933.

10 gubernatorial rule with international law.34 Following an English Act,35 Ordinances XXVI and XXVII (1934) implemented an arbitration protocol and an international convention for executing arbitral awards.36 As for the first group of measures, Colonel (later Brigadier) Bushell of the Fortress Headquarters (Malta Command) was personally in direct contact with the drafter of Ordinances VII and XXIII (1934), the new Legal Adviser to the Governor Sir Alison Russell. Russell succeeded Strother Stewart who won the BMC case as ex-Chairman of the Traffic Control Board.37 Supplied since 1896 by the State,38 electric power was subjected to statutory regulation. However, local traders were also bound to have a government licence for importing electrical equipment.39 The Governor asked Sir Alison to incorporate a clause in Ordinance VII (1934) to prohibit imports without a licence after a local brewer purchased a generator from Germany. Tensions were increasing. Such a purchase hit a raw nerve. In 1933, Hitler had set about rearming for war irrespective of whether Mussolini threw in his lot with the Nazi leader or not.40 Sir Alison used the English Electricity Supply Acts (1919/1922)41 to formulate the clause to prohibit imports unless a licence was issued. The clause was incorporated notwithstanding the fact that the British Federation of Industries considered it a serious interference with trade.42 Once again on the joint instructions of Campbell and Bushell, Sir Alison drafted Ordinance XXIV (1934) with the object of integrating the operative Telegraphy Ordinance (1904) with Act XII (1932). The statute of 1904 had provided a speedier procedure for erecting military telephone poles in private properties.43

34 NARMLGO-85/1930. 35 24&25 Geo 5, ch14. 36 NARMCD(2)-Cunliffe-Lister/Campbell 17.iv.1934. 37 ACJVCOA, White noe v Strother Stewart noe 7.iii.1934. 38 See Vol 1 64. 39 NARMLGO-291/1933. 40 Bugeja 114. 41 9&10 Geo 5, ch100/12&13 Geo 5, ch46. 42 NARMLGO-13/1935. 43 NARMLGO-287/1933.

11 constitutions and legislation in malta

In the first half of 1934, on Colonial and War Offices instructions, the Governor also asked Sir Alison to make the first sketches of two other pieces of legislation concerning expropriation and dangerous drugs. However, pending further orders from the Governor, in turn adopting London directions, the Legal Adviser did not settle the final versions of the relevant draft statutes, which he based on recent Tanganyikan models. The first bill was a typically imperialist-cum-socialist bill to extend the Expropriation Act (1930) to the Armed Forces of the Crown. The British services still needed to fall back on Ordinance II (1881) to expropriate or encroach on lands for military and defence use.44 London had passed Act III (1930) by the issue of an Order-in- Council and so the Crown Advocate had to establish whether to follow the same procedure.45 The second statute was aimed at consolidating the dangerous drugs legislation (1926/1928)46 and standardising the system in line with an English Act47 tracking a new International Convention (1931).48 Pending further orders in connection with the enactment of the Expropriation and Dangerous Drugs bills,49 Sir David passed Ordinance XXVIII (1934) to amend Act VI (1929) and apply workmen’s compensation to employees aged 14 years upwards.50 Besides, he took further precautionary measures to neutralise Mussolini’s influence in Malta. He removed pro-Italian student representatives from the University, recognised the orthography of the Għaqda tal-Kittieba tal-Malti, and appointed the pro- Imperial and ex-CP member architect Robert V Galea as University Rector.51 On 16 August 1934, London issued the Malta Constitution (Amendment) Letters Patent to declare English and Maltese the official languages of the courts.52 Thus, while constitutionally

44 NARMLGO-291/1933. 45 NARMLGO-111/1934. 46 See Vol 1166, 167, 168. 47 22 Geo 5, ch15. 48 NARMLGO-466/1936. 49 See 17, 18, 25, 37. 50 NARMLGO-154/1934. 51 MGG 7881, 23.iii.1934. 52 MGG 7937, 21.viii.1934.

12 gubernatorial rule handing the country back to British generals and officials, London created a new Malta in cultural terms.53 According to the Oxford scholar WH Hancock, surveyor of British Commonwealth Affairs, London’s elevation of Maltese ‘from the kitchen to the courts’ had officially supplanted Italian which had been the traditional language of culture.54 The PN, Chambers of Advocates and Legal Procurators, Notarial Council,55 La Giovine Malta56 and the Comitato Permanente Universitario57 protested. The PN referred to the ‘ridiculous Carthaginian origin’ of the ,58 evidently alluding to Strickland’s theory on the genesis of the Maltese.59 The Chambers of Commerce and Architects ventilated indignation at London for changing radically the language of the courts at a time when the country’s fundamental law was suspended.60 By contrast, the CP expressed its appreciation of the amending Letters Patent, even though before the Court of Appeal, Lord Strickland was proceeding with the challenge to the vires of the taxation imposed on the Crown colony. This appellate tribunal had, meanwhile, been re-composed to include a new judge, Sir Augustus Bartolo.61 The LP, which its radical leader Dr Paul Boffa had rescued from extinction in the troublesome and weary period from 1930 to 1933, thanked the new Secretary of State for the Colonies Sir Philip Cunliffe-Lister for placing the Maltese tongue in its ‘natural position’ as an official court language.62 Despite the rancour of the pro-Italian groups, on further instructions of London, the Governor proceeded with the enactment of an Ordinance to render official the Maltese and English languages in the University of Malta (Ordinance XXXIV

53 Frendo (1979) 210. 54 Hancock 406. 55 NARMD-Luke/Cunliffe-Lister 10.ix.1934. 56 NARMD-Luke/Cunliffe-Lister 19.ix.1934. 57 NARMD-Campbell/Cunliffe-Lister 22.x.1934. 58 NARM-Petit483/1934. 59 See Vol 1 166. 60 NARMD-Luke/Cunliffe-Lister 27.ix.1934. 61 Calleja (1999) 227. 62 NARMD-Luke/Cunliffe-Lister 10.ix.1934.

13 constitutions and legislation in malta

1934).63 Although the Chamber of Architects was not one of the traditionally ‘pro-Italian’ institutions, it criticised the Ordinance. It argued that the Maltese ‘dialect’ did not lend itself to the teaching of technical subjects such as architecture. Therefore, students were forced to pursue in English the University course on architecture.64 In the second half of 1934, on the direction of the Colonial Office in London, Sir David took steps to enact two other important Ordinances for the purpose of harmonising local with imperial legislation. Notably, the Ordinances were aimed at introducing English statutory and judge-made concepts in penal sections of the Maltese Criminal Code (1854), a codification that had originally been based on different concepts of a continental law basis. The first Ordinance was promulgated by the end of the year and prohibited the passing of the death penalty on pregnant mothers (Ordinance XXXVII of 1934).65 Based on the English Sentence of Death (Expectant Mothers) Act (1931),66 it made Sir David seem to defer to the plea of Maltese jurors for the criminal law to be rendered more humane. In practice, Maltese jurors in general considered a mother’s killing of her infant a result of the child’s’ ‘mental provocation’ and, thus, voted for the application of the maximum punishment of 20 years under the ‘excusable wilful homicide’ section of the Maltese Criminal Code (1854). Under the Code, infanticide was tantamount to ‘wilful homicide’ (‘murder’ in English law) and punishable with the death penalty.67 Recently, the jury foreman, Joseph Edward Darmanin, also voted for a reduction of punishment in wilful homicide cases to stop the jury from returning a unanimous verdict of guilt and the judge from inflicting the death penalty.68 In the original drafts of Ordinance XXXVII (1934) Sir Alison Russell also re-categorised the crime of infanticide as

63 NARMLGO-554B/1934. 64 NARM-PetitS610/1934. 65 NARMD-Cunliffe-Lister/Campbell 25.vii.1934. 66 21&22 Geo 5, ch24. 67 NARMLGO-1133/1934. 68 Galea (1983) 104.

14 gubernatorial rule

‘manslaughter’ on the basis of the English Infanticide Act (1922).69 After learning of the sympathetic feelings of the Maltese jurors from the Public Prosecutor Dr Pullicino, whom he consulted because of the fundamentally substantive difference between the Maltese and British criminal law systems, Sir Alison limited the prohibition of capital punishment under the Ordinance to expectant mothers.70 The second Ordinance concerned intoxication and was aimed at giving the perpetrator of a crime the right to invoke such a condition by way of defence where a third party had made him drunk in order to induce him to commit the crime.71 Sir David reported that London had proposed the measure to all colonies to implement the humane decision of the House of Lords, R v Beard (1920).72 Because of intervening legislative priorities arising from building projects, he was forced to postpone the preparation of the Ordinance to the following year, 1935.73

8.2. AGRICULTURE V LAND DEVELOPMENT

In 1933-1936, Governor Campbell resumes the construction projects of national importance, giving priority to the building of a general hospital and health centres. He makes plans for the building of a milk marketing plant, a power station, many schools and social dwellings. He contemplates a radical reform of local animal breeds, sanitation and general environmental enhancement.74 He ignores the fact that a cross-section of public opinion considers his building programme financially burdensome, ‘deplorable’ as his tough style of governorship.75 Construction renders necessary his

69 12&13 Geo 5, ch18. 70 NARMLGO-2414/1938. 71 NARMCD-Cunliffe-Lister/Campbell 7.ix.1934. 72 [1920] AC 479. 14 COA 110 and 160. 73 See 19. 74 Pirotta (1996) 412-413. 75 See NARMD-Bonham-Carter/Macdonald 4.iii.1939.

15 constitutions and legislation in malta environment-related measures, which he gladly includes in his benevolent side of the programme.76

In 1934, however, Sir David first sets himself to organising the agriculture department and sector, directing the Legal Adviser Sir Alison Russell to take several measures for the purpose. Therefore, statutes are undertaken to facilitate the preparation of agricultural statistics and to control the export of agricultural produce.77 In that epoch, a group of first and second-generation Maltese masons and fishermen from North African Tripoli (Tripolini) returned to Malta. Italy, which ruled over Tripolitania, appeared ready to conscript them to fight in Abyssinia (Ethiopia) in the event of an Anglo-Italian war.78 Dr Ġużè Pace, a well-known lawyer but emergent leading entrepreneur of large-scale housing development, paid for their repatriation.79 With a view to alleviating the perennial housing shortage amid an ever-growing population, Dr Pace employed them in the unprecedented enterprise of erecting concrete buildings in the remaining developable harbour areas of Ħamrun, Gżira and San Ġiljan so that he gave rise to a completely new town: Paceville.80 The Armed Forces of the Crown, who consumed reservoirs of water near Mdina/Rabat and pressed for land expropriation, used cartloads of red earth to construct golf course grounds adjacent to horse-racing tracks at Marsa.81 But at a time when the Symmetry Board very rigorously applied the Aesthetic Buildings Act (1926)82 and a new Legal Notice to restrain individual traders from fixing or painting advertisements on buildings,83 it was Dr Pace who had a Tripolin convicted for stealing and burying red soil under concrete blocks of houses.84

76 Hancock 427-429. 77 See 17. 78 See NFIntr. 79 Schiavone (1997) 442. 80 Ganado (1977) v2, 7-8. 81 NARMLGO-40/1936. 82 See Vol 1164, 165. 83 MGG 7969, 9.xi.1934. 84 ACJVCC, Police v Lanzon 24.vii.1937.

16 gubernatorial rule

Dr Giuseppe Micallef, the Director of Agriculture, was the first person to recommend the enactment of an Ordinance to regulate the deterioration of the red soil, and salvage this ‘mainstay of the country’s life’.85 Proposing a legislative prototype in the whole , he said that at their own expense, building speculators should cart and dump red soil into a central fill with the aim of conserving it for reclamation of obsolete quarries, vegetation and so on.86 Dr Micallef was concerned about the degeneration of fertile soil.87 But land developers considered ‘Bolshevist’ his idea of saddling them with transport expenses.88 Perhaps through an ‘egocentric perspective’, Dr Pace considered that the costs of removal and transport of soil should rest with the government.89 On the contrary, the National Farmers Union, more articulate in relation to agriculture legislation, the Chamber of Architects, and the Società Economico Agraria, all regarded the Micallef proposal as a smokescreen for political corruption.90 These three bodies considered Dr Micallef unfit for the post of Superintendent of Agriculture and asked for his resignation.91 Inevitably, Sir David had to choose between the right of private owners to decide freely on the utilisation of soil in their developable lands, and the public interest to preserve soil. But he exempted only the military authorities under the Ordinance.92 On 9 January 1935, the Court of Appeal speaking through Chief Justice Sir Arturo Mercieca rejected the ultra vires cases of both Dr Mizzi93 and Lord Strickland.94 The Civil Court also held that the Legal Notice (1934) controlling building advertising applied only to private property.95 Sir David, re-assured judicially of the right

85 DMC, 19.iii.1934. 86 NARMLGO-79/1933. 87 NARMLGO-3338/1946. 88 B, 28.iii.1934. 89 MDV, 27.x.1934. 90 NARMLGO-40/1936. 91 B, 2.xi.1934. 92 See RURSBS for the necessary report. 93 ACJVCOA, Mizzi v Galizia 9.i.1935. 94 ACJVCOA, Strickland v Galea 9.i.1935. 95 ACJVFHCC, Strickland v COP 9.i.1935.

17 constitutions and legislation in malta to take tax measures under restored Crown colony rule, had the added task to legislate on the control of building aesthetics. He had to concentrate on the new general hospital and other public works of utility. Tension was mounting in London because of Mussolini’s plans to invade Abyssinia (today called Ethiopia).96 Precautions against espionage and treason were tightened up. The Governor considered intolerable any political discourse that risked provoking such crimes against Malta’s stability.97 On the statute book, Sir David put the Fertile Soil Preservation Ordinance, Ordinance II (1935), together with the Agricultural Statistics Ordinance (Ordinance I 1935)98 and the Export of Agricultural Produce Ordinance (Ordinance III 1935).99 However, there was the need to settle the pending construction-cum-pro-environment legislation to regulate military expropriation in general. The Dangerous Drugs Bill was also in preparation.100 Furthermore, the Mid-Day View101 now urged the taking of an action to secure more reasonable hours for shop-assistants and bus drivers who complained of oppressively long hours of work.102 Because of the recent local case-law development touching the regulation of the wall placement of commercial advertisements, there was the likelihood of a new Aesthetic Buildings Bill.103 Thus, Sir Alison Russell consulted at length the Chamber of Commerce,104 but also interested traders such as the advertising house of the Strickland press105 about the aesthetic buildings legislation.106 He equally discussed with the TUC and Sir Philip Pullicino the Hours of Employment Bill.107 To the retiring Chief

96 See Hardie on the war in Abyssinia. 97 NARMD-Campbell/Macdonald 9.vii.1935. 98 NARMLGO-87/1934. 99 NARMLGO-84/1934. 100 See 12, 25, 37. 101 MDV, 22.ii.1935. 102 NARMLGO-59/1935. 103 See 20, 21. 104 NARMLGO-129/1934. 105 NARMLGO-158/1935. 106 DMC, 10.i.1935. 107 See 21, 31.

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Government Medical Officer Attilio Critien, he referred the Dangerous Drugs Bill, which concerned a theme less known and serious in Malta than abroad.108 On 7 February 1935, in the case of a noble (Marquis Cassar Desain) against the RAF for damaging property during expropriation, the Court of Appeal speaking per Chief Justice Sir Arturo Mercieca109 re-affirmed that the government acted in a political capacity and with impunity in tort.110 However, it did not attribute political capacity to the government on the basis of the dual personality of the State doctrine but to the British doctrine of Acts of State on the ground that English public law applied in Malta in the case of a lacuna.111 On 13 March 1935, the Criminal Court sentenced the Malta- based pro-Fascist shirt trader from Italy, Arnaldo Belardinelli.112 Under the Seditious Propaganda Ordinance (1933), the Court jailed him for three years for mailing a defence report to the Italy-based Commander Durante of the Italian Seaplane Service.113 On 16 May 1935, moreover, in breach of the Press Ordinance (1933), the Court of Appeal sentenced JJ Scorey to imprisonment for alleging, without proving, that Lord Strickland as Chief Secretary to Government had destroyed official papers.114 However, while stringently applying the Press Ordinance to the increased pro-Fascist journalistic propaganda, Sir David pardoned Scorey.115 As the war clouds thickened, the reaction of the Crown’s representative to these judicial developments in Malta had to be seen in the context of a Mussolini-Hitler Axis against Britain and London’s consequent tightening of security in the Mediterranean.116 Being taken abruptly ill, Sir David re-postponed the Expropriation Bill and other projects such as the introduction

108 NARMLGO-466/1936. 109 ACJVCOA, Cassar Desain v Forbes 7.ii.1935. 110 See Vol 1 62, 63. 111 Gulia 12. 112 Vol 1 223. 113 ACJVCC, R v Arnaldo Belardinelli 13.iii.1935. 114 ACJVCOA, R v Joseph Scorey 16.v.1935. 115 Ungaro 156-158. 116 Collett 241-250.

19 constitutions and legislation in malta of cooperatives on Dr Micallef’s proposal.117 By way of exception, he enacted Ordinance XIII (1935), the Intoxication Ordinance.118 The preparation of this Ordinance had been undertaken but postponed in 1934 due to other legislative priorities.119 He also passed Ordinance XV and XXI (1935) to increase stamp, import and export duties.120 Funds were needed to proceed with the general hospital construction lest the budgeted sum be exceeded by around £7,500.121 Sir Harry Luke, the acting Governor, took drastic measures against the pro-Fascist developments in Malta.122 Possessed of a military mentality, Sir Harry participated with Monsignor Gonzi in the great reception of the Maltese people for Cardinal Lepicier during the First Regional Council of the clergy of Malta.123 However, he opposed vigorously Monsignor Gonzi’s succession to the Archbishopric lest the Church deputy leader should be an anti-British prelate who would revive the politico-religious issue with its destabilising effects.124 In fact, he found support from Lord Strickland, who depicted Monsignor Gonzi as pro-Italian and also lobbied in London to block his succession.125 Sir Harry availed himself of War Office instructions to render Fascist intrigue powerless.126 He enacted a statute to repress the spread of false reports (Ordinance XXXI 1935), and another two to tighten the penal parts of the Press and Seditious Propaganda Ordinances (1935) (Ordinance XXXII and XXXIII 1935). He had in mind to suspend Malta and other ‘pro-Fascist’ newspapers if they breached ‘public order’.127 He based Ordinance XXXII (1935) on a Palestine law, which referred to the narrower concept of ‘public peace’.128

117 NARMLGO-699/1935. 118 NARMCD-Cunliffe-Lister/Campbell 7.ix.1934. 119 See 20. 120 NARMLGO-136/1934. 121 NARMLGO-3590/1936. 122 Ganado (1977) v2, 58. 123 Tonna 149-152. 124 Fenech (1976) 44. 125 Koster 93-120. 126 Perowne 26. 127 NARMD-Macdonald/Luke 2.x.1935. 128 NARMD-Luke/Macdonald 28.viii.1935.

20 gubernatorial rule

Sir Harry also arranged with the to introduce a regular BBC service to Malta to combat ‘pro-Fascist’ news and propaganda, thereby broaching a veritable broadcasting war between Britain and Italy.129 On 24 September 1935, with the aim of relaying pro-British views to the Maltese, Sir Harry passed a law (Ordinance XXXIV 1935)130 to authorise the British Rediffusion Company to start broadcasting in Malta.131 In the next fortnight, Sir Harry also enacted the Aesthetic Buildings Ordinance, Ordinance XXXV (1935), and the Land Acquisition or Expropriation Ordinance, Ordinance XL (1935). The shift of focus on Ordinances XXXI to XXXIII had also permitted the new Legal Adviser, Charles Geraghty (1935-1937), and the now knighted Public Prosecutor Philip Pullicino to finish these measures in time lest Lord Strickland opposed either of them in the House of Lords.132 In Ordinance XL (1935), Geraghty and Sir Philip included a Land Arbitration Board composed of a judge vested with discretion to order compensation assessed on the full rental value.133 Sir David Campbell was still very ill when he returned to Malta to pass Ordinance I (1936) to introduce Maltese and English in teaching at the University.134 He also made a reshuffle of lecturers to purge the system of suspected Fascists. He dismissed Dr Carlo Mallia, the ex-PN Minister for Justice in 1924-27, who refused to lecture in the English or Maltese language. Dr Mallia went straight to Italy, where he organised several Maltese students into a pro-Fascist group.135 In their place, Sir David admitted ‘anti- Fascists’. These included the PN Minister for Justice in 1932-33 Dr Carmelo Mifsud Bonnici who, to Dr Mizzi’s irritation, agreed to teach Criminal Law in Maltese or English.136 On 6 February 1936, Sir David Campbell died. London appointed Sir Charles Bonham-Carter to succeed him. He

129 Sacco (1985/2) 19-23. 130 NARMD-Macdonald-Lister/Luke 28.x.1935. 131 NARMLGO-52/1935. 132 NARMLGO-158/1935. 133 NARMLGO-3/1935. 134 NARMLGO-36/1936. 135 Borg (1991) 84. 136 Ganado (1977) v3, 122-123.

21 constitutions and legislation in malta was sworn in two months later. In the interval, in a case involving the Jesus of Nazareth Institute in the village of Żejtun, the Court of Appeal speaking per Sir Arturo Mercieca and Sir Augustus Bartolo confirmed that the local Church and dependent charitable homes possessed a ‘juridical personality’ independent of the body of clergymen who composed it.137 Sir Charles started his governorship with the enactment of Ordinance XII (1936) to introduce petrol pumps on main public roads, thereby satisfying a need that had grown with the daily increase of motor traffic.138 He also gave priority to the enactment of the bill to regulate the hours of employment of shop-assistants and drivers as another specific category of workers - Ordinance XVII (1936).139 Sir Charles found the measure ready on his arrival because in consultation with the TUC, Sir Philip Pullicino had drafted the relevant bill on the basis of and Trinidad and Tobago legislation. In fact, Sir Charles received comments only from the Chamber of Pharmacists who said that a government was entitled to legislate in the interest of employees in pharmacies without compelling owners to close their outlets.140 From the moment Sir Charles took up office, he endeavoured to develop a time of relative tranquillity in which the British and the Maltese forged cordial relations. On account of the increase in the internal political crisis and threat of war between Britain and Italy, the restoration of self-government was remote. However, the first steps were taken to render the legislature more consultative.141

8.3. PUBLIC UTILITY

In 1936-1939, gubernatorial rule enters a new phase. The government is also put under an Executive Council.

137 ACJVCOA, Curmi v Depiro 12.ii.1936. 138 NARMLGO-811/1936. 139 See 18, 31. 140 NARMLGO-59/1935. 141 Blouet 188-189.

22 gubernatorial rule

Legislative activity produces enactments of grand public utility. Important reforms are made in the sanitary, medical and employment sectors. Taxation is only meant to provide funds for the continuation of national projects.

On 12 August 1936, the British Parliament revised the constitutional arrangements once more. It enacted the Malta (Letters Patent) Act142 to revoke the 1921 Constitution and confirm the instruments decreeing the official status of Maltese (1934).143 An Executive Council was set up, consisting of five ex-officio members and three persons to be nominated by the Governor. The ex-officio members were the holders of the posts of Lieutenant-Governor, the Legal Adviser, the Public Prosecutor, the Treasurer and the Secretary to Government. London re-empowered the Governor to legislate by Ordinance subject to the advice of this Executive Council. Nevertheless, there was an express reservation to the effect that the Crown might legislate by Order-in-Council.144 The TUC continued to operate under Act IV of 1933 and hence to function de facto as a politically divisive body without a genuine and charismatic leader at grassroots level.145 The Electoral and Privileges and Immunities Acts (1924), applied to Parliament under the 1921 Constitution, were also rendered ineffective.146 Indeed, the Executive Council was constituted when, with the international situation threatening war, the awkward financial situation of Malta was imperilled. Sir Charles Bonham-Carter, tempted to emulate Sir Harry Luke’s opposition to Monsignor Gonzi,147 made certain political manoeuvres before attempting to re-configure the economy through a mixture of agricultural, health and taxation measures. He also hastened to tighten control over the use and spread of Italian. He appointed Dr Boffa and Dr Mifsud Bonnici to sit on the Executive Council. This

142 26 Geo 5&1 Edw 8, ch29. 143 MGG 8206, 2.ix.1936. 144 Cremona (1997) 39-40. 145 See 29 and Vol 1 221. 146 See Vol 1 153. 147 A Vella (1978) 128-129.

23 constitutions and legislation in malta caused an intra-PN feud that led to the expulsion of the latter from his party.148 On 2 September 1936, the new Governor steered through the Executive Council a number of laws to establish Maltese and English in other important institutions. Among others, there were the law courts (Ordinance XX), the official celebration of the Otto Settembre 1565 (Ordinance XXI), notarial acts (Ordinance XXIII) and public schools (Ordinance XXIV and XXV).149 Although he left the teaching of Italian at all levels of education, he repealed the Pari Passu Act (1923).150 The PN protested against Ordinances XX/XXV for ‘ostracising’ the ‘language of culture’, calling the new government ‘dictatorial’.151 While formally disagreeing with London for imposing the new Letters Patent, the Chamber of Advocates, its pro-Italian allies, and the Società dei Piloti under the Presidency and legal representation of Dr Mizzi, also demanded the official re-establishment of Italian.152 On the other side, the CP, LP and TUC applauded all legislation displacing the and culture.153 The Għaqda tal-Malti (University), the TUC, the National Farmers Union and the Workers’ Benefit Society eagerly declared that Maltese was inviolably the language of their country.154 The LP spoke up in favour of land tax and other taxes155 while Lord Strickland reiterated his opposition to the imposition of taxation under Crown colony rule. For the purpose, Lord Strickland brought ultra vires cases156 and maintained his position through the press,157 especially his own The Times (of Malta), a newspaper

148 Sacco (1985/1) 119-120. 149 NARMLGO-2723/1938. 150 Curmi (1991) 27. 151 NARMD-Bonham-Carter/Ormsby-Gore 18.iii.1938. 152 NARMD-Bonham-Carter/Ormsby-Gore 30.iii.1938. 153 NARMLGO-2723/1938. 154 NARMD-Bonham-Carter/Ormsby-Gore 12.v.1938. 155 See CEGIntr. 156 See 30, 31, 33. 157 NARMLGO-1088/1939.

24 gubernatorial rule which he published daily after the sudden death of Sir Augustus Bartolo.158 After the passing of these statutes restraining Italian, Sir Charles resumed the legislative expansion of special institutions and new legal regimes. Indeed, he prepared to enact novel benevolent legislation that followed government policy of the time or became urgent under local circumstances. There was the regulation of slum clearance, underground water, pig and bull breeding, the veterinary service and milk marketing.159 The Governor also touched age-old and sensitive areas of the communal life. Notable examples included the re-systematisation of pilotage at compulsory level, trade-unionism without benefit societies and the health department.160 Sir Charles undertook to pass legislation to regulate new albeit proliferating subjects, primarily motor traffic and transport.161 Moreover, on London directions, he planned to pass a new law to revise civil servants’ pensions.162 He also had the pending measures regarding the regulation of dangerous drugs.163 Simultaneously, he sought to resort to fiscal legislation to provide revenue for the current economic and financial deficit but also to implement his benevolent measures. The Legal Adviser (now Legal Secretary)164 Geraghty or Public Prosecutor Sir Philip formulated novel legislation by, with some difficulties, adapting English or colonial models to local circumstances. However, the Governor and the Executive Council were compelled to delay the discussion and enactment of a number of novel enactments owing to the reaction of trade unions and interested groups on the extent or method of application of the measures. Once again, Dr Giuseppe Micallef, now the embodiment of the Directorship of the Department of

158 See Calleja (1999) for a detailed biography on Professor Bartolo. 159 Blouet 189. 160 See 28, 29, 30, 31, 32. 161 NARMLGO-1557/1937. 162 NARMLGO-1/1935. 163 See 12, 13, 17, 18, 37. 164 NARMLGO-3506/1936.

25 constitutions and legislation in malta

Agriculture, was the draftsman of all the proposals related to health and agriculture.165 Sir Charles started with legislative innovations which inter- ested groups did not immediately accept. The first two were stat- utes to introduce compulsory third party insurance in respect of motor vehicle, and to establish a scheme for clearing insanitary zones, including health-endangering and uninhabitable build- ings. Re-designating his office as Attorney General while creat- ing a Deputy Attorney General and a Senior Counsel (Ordinance XXX 1936),166 Sir Philip Pullicino was instructed to draft the first car insurance bill on a recent British Guiana model.167 The union of motor omnibuses, a body very influential from its inception, protested that bus owners were being forced to increase travelling expenses to cover the insurance costs.168 Sir Philip postponed the relevant discussion169 following further pressure from sections of the press, prominently Lord Strickland’s The Times (of Malta),170 which agreed in principle with traffic regulation, but then questioned the need to include motorbuses.171 Sir Charles consulted officials within the British Ministry for Health in London on the form of the novel Insanitary Areas Bill. He also talked with the new Malta Chief Government Medical Officer, Professor Bernard, who was an expert on housing laws in England.172 He also submitted the Bill to public scrutiny three times via the Government Gazette.173 The retired Chief Government Medical Officer Dr Attilio Critien, the publisher of a monograph on rehabilitating the Valletta Mandraġġ,174 was the inspiration in the undertaking of the clearance of insanitary zones and the implementation

165 See 28, 32. 166 NARMLGO-3506/1936. 167 NARMLGO-1557/1937. 168 NARMD-Bonham-Carter/Macdonald 19.vii.1939. 169 See 37. 170 NARMD-St.John Jackson/Macdonald 24.iv.1940. 171 NARMLGO-3538/1937. 172 NARMCD-Ormsby Gore/Bonham-Carter 16.ix.1937. 173 NARMCD-Bonham-Carter/Macdonald 30.v.1939. 174 See Critien on the Mandraġġ.

26 gubernatorial rule of housing schemes in their place. Under the Expropriation Ordinance (1935) the Governor could already demolish congested areas to build new popular houses. However, slum clearance compensation based on the full rental value under this recent Ordinance, a military statute, was inappropriate.175 The Governor agreed with Sir Philip on adopting the English Housing Act (1936).176 But there had to be an additional mechanism to empower the Director of Public Works to issue a ‘Demolition’ or ‘Compulsory Purchase Order’ subject to gubernatorial confirmation. Sir Charles agreed to empower the Land Arbitration Board to make compensation assessments under the Expropriation Ordinance.177 The insanitary areas measure was undertaken despite being a locally sensitive matter intrinsically susceptible of creating conflicts between varied domestic groups, primarily landowners and tenants. Indeed, leading bodies criticised both the principle and the machinery of the relevant bill.178 The PN claimed that the government should pay for building demolition clearance areas.179 It said that the ‘absolute’ and ‘oppressive’ principles of the projected statute reflected the bad administrative and financial policy of the government.180 The Chamber of Commerce argued that the proposed law would frighten investors away from risking securities on immovable property. It added that the measure violated the accepted principle of the individual right to own property.181 The Chamber of Advocates called the bill ‘inequitable’, because it was a draft statute that did not provide proprietors with a mechanism to claim redress, and was judicially non-enforceable. Although the Committee of Privileges of the Maltese nobility referred to the ‘laudable spirit’ of the measure, it voiced great concern at the complex machinery involved.182

175 MGG 8284, 24.iii.1937. 176 25 Geo 5&1 Edw 8, ch51. 177 NARMLGO-3538/1937. 178 NARMLGO-996/1937. 179 M, 9 and 28.vi.1937. 180 M, 17.iii.1939. 181 CCAC, 113/37, 14.iv.1937. 182 NARMLGO-996/1937.

27 constitutions and legislation in malta

The Chamber of Architects simply opposed the idea that an urban owner should find himself shorn of his property with the stroke of a pen. The press in general blamed ‘past governments’, not actual owners, for lack of drainage facilities in potentially hit areas such as the Mandraġġ.183 The Governor and the Executive Council postponed the bill’s enactment to evaluate the comments of interested persons and groups.184 In 1937, under the Secondary Sanitary Ordinance (1900),185 Sir Charles enacted the Ordinance I186 to regularise the practice of nurses. After a few other statutes to increase duties on spirits and exports/imports (Ordinances VII187 and VIII188), he assented to the first and beneficent bill regarding the sensitive farming sector. Sir Charles concurred with Dr Micallef on drafting two separate bills to improve the breeding systems of the two leading industries in Malta’s livestock: pigs and bulls. The Director of Agriculture recommended that the local breeds should be replaced by imported races because they had wasted away, with evident prejudice to the supply of meat. Dr Micallef also suggested that compulsory licences should be imposed for the necessary service. The country’s political bodies responded differently to the two bills. The PN, which had fiercely criticised Dr Micallef as Director of Agriculture, suggested that a similar measure should be introduced for improving horses.189 The CP said that the importation of ‘store’ animals risked infecting the local race.190 However, the Governor courted trouble on the Bulls Bill because the Gozitan peasants, with the solidarity of the Gozitan college of parish priests, universally opposed it. The Gozitan peasants feared that the substitution of foreign pedigree stocks of dairy and beef cattle would produce smaller yields of milk and calves. The Governor led the Pigs Bill towards enactment

183 TTM, 28.iv.1937. 184 See 33, 37. 185 See Vol 1 67. 186 NARMLGO-2956/1936. 187 NARMLGO-1538/1937. 188 NARMLGO-1023/1937. 189 M, 9.xi.1938. 190 TTM, 19.vii.1938.

28 gubernatorial rule as Ordinance X (1937) but had to settle personally with the Bishop of Gozo the legislative affair concerning bull breeding, consequently delaying the relevant enactment.191 Sir Charles met with stern opposition from Dr Enrico regarding a bill and regulations to render pilotage service compulsory under board control. In his proposals, he subjected the local pilots, whether serving or prospective, to a physical fitness test. But he also suppressed Italian from the pilot licence examination and excluded Italian ships from language concessions. Even though Italian was important for pilots in view of Malta’s proximity to Italy, only the official languages of English and Maltese were retained. While with one hand adding ‘Royal’ to the name of the University, with the other Sir Charles thus excluded Mussolini’s language from the proposed pilotage legislation because of high policy considerations.192 Indeed, Dr Mizzi opposed the measure in person and as President of the Società dei Piloti. At that time, through the Società, he was elected as TUC delegate.193 Sir Charles successfully steered the Pilotage Bill (Ordinance XX 1937) and Regulations towards enactment194 along with two statutes to recast the trade-union and TUC systems in terms of Acts III and IV (1933),195 and abrogate the legislative recognition of the benefit societies without British affiliation (Ordinances XXI and XXII 1937). Dr Mizzi’s Società was one such society.196 Ironically, Sir Charles, who also set up a Public Service Commission to regulate civil service employees,197 received criticism from the Strickland press198 in regard to a new Pensions Ordinance. He reduced the pensionable age of civil servants to 60 but gave them the right to receive jointly another pension, namely a 2/3 pension of emoluments, which they drew in other

191 NARMLGO-2074/1938. 192 NARMLGo-5182/1936. 193 Ercole 126. 194 NARMLGO(1)-2782/1936. 195 See 221. 196 NARMLGO-327/1935. 197 NARMLGO-513/1938. 198 TTM, 9.iii.1937.

29 constitutions and legislation in malta employments. The two pensions together could not exceed the maximum of the pension, which they received as civil servants. (Ordinance XXVII 1937).199 While the The Times (of Malta) considered the measure another burden on the public coffers, Malta said it was ‘most important’.200 In 1937, the public health system was also re-organised by way of legislation (Ordinance XXX 1937).201 Further taxation was implemented by statute to increase imports, exports and succession and donation duties (Ordinances XXV, XXVIII and XXXIII of 1937).202 Amid the harsh criticism of political opinion, including that of Lord Strickland, the Treasury and Audit Act (1926)203 was also repealed in order to subject the country’s financial administration to the Colonial Regulations (Ordinance XXXIV 1937).204 Sir Charles assented to all these legislative measures as Britain neared a second world war with Germany, and enforced more rigorously its colonial policies. Nevertheless, he sought to emulate Governor Methuen and receive ecclesiastical blessings by re-exempting the Church.205 He was criticised by certain commercial sectors that considered the progressive rise of export duties financially burdensome.206 Lord Strickland instituted an urgent ultra vires case against him and Heads of Departments among whom were Oscar Sammut, the Collector of Customs, in connection with the increase of import duties. He not only challenged the imposition of taxation under Crown colony rule. He claimed that on the advent of self-government in 1921, the Crown had surrendered its Campbell v Hall207 prerogative to legislate by Letters Patent or Order-in-Council for Malta, which Britain had acquired by

199 NARMLGO-1/1935. 200 M, 2.iv.1937. 201 NARMLGO-691/1936. 202 NARMLGO-1106/1938. 203 See Vol 1167, 168. 204 NARMLGO-585/1937. 205 Sacco (1985/1) 121. 206 NARMLGO-2747/1936. 207 Campbell v Hall [1774] Cowp 204.

30 gubernatorial rule cession under the ‘Declaration’ (1802), not by conquest under the ‘Treaty’ (1814).208 On 13 March 1938, in a decision209 which made history and stirred up much press comment, the local Court of Appeal determined in favour of Lord Strickland’s claims.210 Therefore, while preparing plans for further taxation, Sir Charles took the case to the Privy Council. Pending the relevant judgment,211 he proceeded with other controversial measures also caught in the snares of opposition. The Hours of Employment Ordinance (1936),212 aligned with a new English Factories Act213 to exclude ‘hawkers’ from the definition of ‘shop’, encountered no obstacles (Ordinance V 1938).214 However, just as had earlier been the Soil Preservation Ordinance (1935) and the pending Slum Clearance Bill, both of which were dictated by local circumstances,215 the Underground Water Control Bill proved controversial. In order to store water from government galleries and springs as a precaution against future drought, farmers around the old capital of Mdina/Rabat, had latterly used new aero motor pumps to dig boreholes in the underground strata of their terraced fields. They merely aggravated a problem to which the military troops barracked in had long contributed by diverting water from government reserves to their use.216 For protecting drinking water, Dr Micallef, the draftsman, prescribed the registration of water-pumps and the scheduling of emergency areas in the Rabat/Mdina neighbourhood. As a lawyer, Dr Micallef must have appreciated that control of water in private irrigated lands was an expropriation of the holding. However, the draft statute was moved on the ground that the regulation of drinking water was ‘in the public interest’.

208 See Vol 1 18. 209 ACJVCOA, Strickland v Sammut 13.iii.1938. 210 Mercieca (1969) 266. 211 See 33. 212 See 18, 21. 213 1 Edw 8&1 Geo 6, ch7. 214 NARMLGO-5/1936. 215 See 17, 26, 27. 216 NARMLGO-365/1936.

31 constitutions and legislation in malta

The same reasoning had been applied to the monopolisation of petroleum in 1921.217 As usual, Sir Philip delegated to Dr Micallef as the expert in the field the drafting of the relevant bill. The model was to be the recent Palestine Ordinance.218 The Attorney General and Dr Micallef faced very passionate opposition mostly from the people of Mġarr, led by a long- serving parish priest, Monsignor Edgar Salomone.219 Monsignor Salomone, an ex-chaplain of the British Forces and bosom friend of Sir Harry Luke, who was an Mġarr resident, considered the bill a fatal blow to the agricultural lands with the highest-level underground water tables. Monsignor Salomone, the first clergyman to speak about a legislative measure since Monsignor Gonzi became a candidate for the Archbishopric,220 scorned the passivity of the National Farmers Union, the landowners, the nobles and the Società Economico Agraria.221 After inviting the National Farmers Union to name a member to sit on a proposed monitoring board, the Governor enacted the bill as Ordinance XI (1938) regardless of the vigorous stance of Monsignor Salomone and his parishioners.222 The Union’s President Lord Strickland personally considered the measure superfluous.223 In the wake of Ordinance XI (1938), Sir Charles turned with all his energy to the reform of the sanitary and medical sector. He started with the introduction of a veterinary service (Ordinance XXI), which he included within the re-organised public health system under Ordinance XXX (1937).224 The establishment of such a service seemed to him to be a necessary prerequisite to his measure designed to improve Malta’s

217 See Vol 197, 98. 218 NARMLGO-2766/1936. 219 TTM, 1.vi.1938. 220 A Vella (1978) 124-125. 221 DMC, 3.vi.1938. 222 NARMLGO-2766/1926. 223 TTM, 19.vii.1938. 224 NARMLGO-691/1936.

32 gubernatorial rule cattle. His scheme to regulate the ownership of bulls through licences was then enacted as Ordinance XXXIII.225 Last but not least, came Ordinance XXXIX to amend the Third Sanitary Ordinance (1904)226 and legalise the opening of a milk marketing undertaking, the licensing of individual milk-selling and the prohibition of goats in Valletta (Ordinance XXXIX).227 More fiscal measures followed in Ordinances XXXI,228 XXXIV229 and XXXVII230 which imposed duties on export and import, and on succession, and stamp duties. The obvious benefits of the sanitary Ordinances did not deter cries of ‘taxation without representation’ of the PN, Chambers of Commerce, Advocates, Architects and legal procurators, the notaries public and medical practitioners. All such bodies made counter-proposals for retrenchment.231 The Governor did indeed slacken the pace. The important Slum Clearance Bill was left pending, and another London- directed proposal to implement a UK Infanticide Act (1938)232 was shelved. The last proposal was aimed at relaxing punishment in ‘provoked’ child-murders. It was shelved because, according to Sir Philip Pullicino, the Criminal Code (1854) adequately provided for an attenuation of penalty where a mother killed a ‘provoking’ infant ‘under the first transport of sudden passion’.233 On 10 October 1938, it was learnt that the UK Privy Council had reversed the Malta Court of Appeal judgment in Strickland v Sammut.234 The Privy Council held that in 1921 Britain had ‘suspended’, not ‘surrendered’, its Campbell v Hall prerogative; and that on restored Crown colony rule it had ‘revived’ the prerogative, and hence the Governor’s right to enact fiscal

225 NARMLGO-2074/1938. 226 Vol 1 169. 227 NARMLGO-2788/1938. 228 NARMLGO-2747/1938. 229 NARMLGO-501/1938. 230 NARMLGO-1106/1938. 231 NARMD-Bonham-Carter/Macdonald 3.x.1938. 232 1&2 Geo 6, ch36. 233 NARMLGO-2454/1938. 234 ACJVCOA, Strickland v Sammut 13.iii.1938.

33 constitutions and legislation in malta laws.235 Concurrently, Sir Charles was also informed that London had agreed to establish a new Constitution on the basis of the 1903 ‘Chamberlain’ model but adapted to take account of the world situation with an Anglo-German armed conflict ever more likely.236 To prepare the way, the Governor set up an Anglo-Maltese League to foster better relations between the civil and military employers, and their Maltese workers.237 He appointed RO Ramage to chair a financial committee, including Dr Boffa and Dr Mifsud Bonnici.238 The pro-Italians called the League a ‘propagandist body’.239 The CP harshly criticised the Ramage Committee for vindicating Sir Charles’ repeated tax legislation.240 In 1936-1939 as in 1933-1936, a considerable number of fiscal measures had been taken. However, their object was the provision of funds for the construction of remarkable public welfare projects such as the general hospital, a pasteurisation plant and the rehabilitation of slum areas. In the two phases of restored Crown colony rule, statutes were enacted to control the press, the media and advanced communications as a precaution against the rise of Fascism and contemporaneously to depose Italian from its official and institutional status. In the process, the Maltese language was given legislative recognition and official status for the first time. ‘Beneficent’ legislation was also passed to implement agricultural, employment, medical and sanitary reforms. In 1933-1939, Dr Mizzi and his allies as well as Lord Strickland opposed the ‘austere’ laws. The former objected to the measures taken by way of precaution, whereas Lord Strickland reacted against taxation.

235 Sammut v Strickland [1938] AC 678. 236 NARMLGO-521/1937. 237 Ganado (1977) v2, 2. 238 MGG 8522, 27.i.1939, Suppl.xiv. 239 Mercieca (1969) 137. 240 DCG, 12.xii.1939.

34 Chapter 9 QUALIFIED REPRESENTATION this chapter is the second, last and longest in Part III and covers the period of restored albeit qualified representative legislature from 1939 to 1947. Throughout World War Two, from 1939 to 1945, a single government remains in power, to be replaced by another from 1945 to 1947. The CP commands a majority of elected members in the first government when legislation is dominated by the war and the conditions which are brought with it. Since Britain and Italy find themselves on opposed sides, anti-Italian measures are only to be expected. The war conditions do not exclude social legislation. Indeed, some important provisions for damage are passed together with the security ones. In 1945-1947, the MLP enjoys an absolute majority of elected members. Important social legislation is passed, especially employment and trade-union legislation. Notwithstanding the fact that the war works havoc in a number of schools, compulsory education is finally introduced. The first step is taken towards the establishment of the right of vote to women and, thus, universal suffrage. The principal influences on the legislative process are the political parties, especially the MLP, and the Unions, especially the General Workers Union. The local Roman Catholic Church re-asserts itself as a force to be reckoned with in any legislative endeavour. The leaders of future Maltese politics and law-making also emerge in the period: Dr Giorgio Borg Olivier, Mr Dom Mintoff and Archbishop Michael Gonzi.

On 14 February 1939, London established a new Constitution for Malta. The legislative body was a four-year term Council of Government. This consisted of 20 members, half of whom were

35 constitutions and legislation in malta elected and half nominated.241 However, alongside this legislature, the Governor held all executive powers.242 The Executive Council was retained, the membership being under the control of the Governor as representative of the Crown. Elections were to be conducted on the proportional representation system but under an extremely limited male franchise. Moreover, the Governor was given a casting vote in divisions and could reject any Ordinance which he considered to violate public order or the good government of Malta.243 The new Constitution thus amounted to no more than a cautious step in the direction of representative government. In view of these restrictions, not only the pro-Italian Partito Nazionalista and the Chambers of Advocates, Architects and Commerce, but also the pro-British nobles and now increased trade unions,244 declared that they would ‘boycott’ the ceremony inaugurating the new ‘hypocritical’ Constitution.245 Particularly, all such bodies opposed the proportional representation system on the ground that Britain, as in 1921-1930, favoured this method of voting because of its tendency to ‘divide public opinion’.246 Foreseeing obstruction and costly compromises on the financial front, Sir Charles Bonham-Carter anticipated the reconstitution of the Council of Government by hurrying through the enactment of more taxation legislation. Without including the recent ‘Ramage Committee’ recommendations,247 he passed Ordinances IX, X and XI 1939 to increase stamp, import and export, and entertainment duties.248 Sir Charles was forced to draw on the acting spiritual leader Monsignor Gonzi to try and establish political rapprochement with local forces. He had opposed the acting Archbishop’s succession, but now he was ready to lobby in London so that

241 MGG 8534, 25.ii.1939. 242 Cremona (1997) 40-41. 243 LPCG, Arts 2, 15 and 29. 244 M, 18.viii.1938. 245 NARMD-Bonham-Carter/Macdonald 16.iii.1939. 246 NARMLGO-1088/1939. 247 See 34. 248 NARMLGO-2180/1937 and 455/1939.

36 qualified representation the ex-LP senator would be elevated to the Archbishopric instead of Monsignor Caruana.249 In fact, besides immediately ordering the cathedral and collegiate chapters to participate in the official ceremony of the new Constitution, Monsignor Gonzi sought and successfully persuaded the main political bodies, with the exception of the CP, to lift their boycott against the new Constitution.250 On 11 April 1939, the Governor enacted the Franchise Method of Election and Registration of Voters Ordinance/Ordinance XIX.251 But before fixing polling day, he passed important statutes pending for some time. He enacted Ordinance XXI (1939) to regulate the licensing of gangers/foremen, and their employment and payment of stevedores/port labourers.252 Then, he passed Ordinance XXXI (1939) to recast the law governing dangerous drugs.253 The other important statutes were Ordinance XXXV (1939) to demolish a substantial part of the Mandraġġ and re-build workmen’s dwellings instead,254 and Ordinance XXXVI (1939) to introduce the regulation of motor car insurance.255 Ordinance XXI (1939) was finally issued under the pressure of the Union of Stevedores and Port Labourers, who as workers’ representatives gave notice of their future as an important force in political and legislative decisions.256 Sir Charles passed the statute after stevedores and port labourers revealed in the press that their employment, including its termination, and payment, were not regulated by law and that they were subject to a systematic victimisation by their employers, the so-called ‘foremen’ or ‘gangers’.257 Stevedores and port workers complained that these gangers, who ‘contracted’ with ship-agents to load on behalf of the government or private firms, and who answered with ship-agents

249 Bonham-Carter (1960/1) 36. 250 NARMLGO-1088/1939. 251 NARMLGO-571/1938. 252 NARMD-Bonham-Carter/Macdonald 1.vi.1939. 253 NARMLGO-466/1936. 254 NARMCD-Bonham-Carter/Macdonald 30.v.1939. 255 NARMLGO-1557/1937. 256 NARMLGO-1381/1936. 257 DMC, 23.6.1939.

37 constitutions and legislation in malta for ship-hold-to-lighter cargo-handling manpower, operated without a licence.258 The Governor passed Ordinance XXXI (1939) after years of consultation with the Colonial Office, the Attorney General, the Executive Council and the local CGMO. Besides amalgamating the 1926 and 1928 statutes that applied to the land and territorial sea respectively, Ordinance XXXI (1939) was aimed at upgrading the system of dangerous drugs control in line with the 1931 International Convention.259 Ordinance XXV was passed with its ‘complex machinery’.260 The enactment of Ordinance XXXVI (1939) was possible only by excluding the insurance of motor buses.261 On 3 July 1939, Sir Charles passed the Electoral Polling Ordinance, Ordinance XXXIV, to re-enact Ordinance XIV (1924).262 The provision that had qualified ‘moral and material’ injuries as ‘corrupt practices’, was retained. The ‘one man, one vote’ principle was also introduced instead of the plural voting.263 Sir Charles fixed the elections for 22/24 July, giving rise to a short electoral campaign for the CP, PN and LP.264 With the slogan ‘no taxation without representation’, the CP spearheaded by Lord Strickland, now approaching his 80th birthday, won an impressive victory. They garnered over 54% and thus returned with double the candidates of the PN (6:3). The latter won 33% of the votes. Promising to improve the Workmen’s Compensation Act (1929) and to introduce old age pension, the CP managed to elect new faces like Captain Roger Strickland, Lord Strickland’s nephew, and Dr George Borg LLD.265 For the PN Dr Enrico Mizzi and Sir Ugo Mifsud, were re- elected. A young, intelligent and charismatic notary, Dr Giorgio Borg Olivier, also made his first appearance.266 Born in Valletta, Dr Borg Olivier was a person who knew how to bide his time to

258 NARMD-Bonham-Carter/Macdonald 1.vi.1939. 259 See 12, 17, 18, 25. 260 See 26, 27. 261 See 26. 262 See Vol 1 144. 263 NARMLGO-571/1938. 264 MGG 8581, 11.vii.1939. 265 Dobie 110-113. 266 Anon (1972) 57-58.

38 qualified representation manipulate those around him.267 He had decided to challenge Dr Mifsud Bonnici, now an independent candidate. By a narrow margin he defeated the ex-PN lawyer in his own district of Kottonera.268 A young but politically ambitious and already successful agribusinessman, Henry Jones, was a rejected PN candidate.269 For the LP, whose manifesto proposed income tax to fund social services, its performance was disastrous. It elected only its leader, Dr Boffa, by a slight margin and showed symptoms of a moribund party that would not survive another legislature.270 On 31 July 1939, Sir Charles opened the new Council of Government but adjourned the session after two sittings.271 On 3 September 1939, Britain declared war against , following the invasion of Poland, which precipitated World War Two. By Order-in-Council, the UK Emergency Powers (Defence) Acts was extended to Malta.272 The Governor re-convoked the Council to enact a series of wartime Ordinances. Basically, there were the Trading with the Enemy Ordinance, Ordinance XLVII,273 and the Territorial Force Ordinance, Ordinance XLIX.274 The Emergency Defence Regulations were also applied to impose further restrictions ranging from censorship to the outlawing of unofficial strikes. The Criminal Code (1854) was applied to war trials but without the empanelling of a jury and subject to the decision of three judges.275

9.1. WORLD WAR TWO

The period 1939-1947 is dominated by World War Two. In 1939-1945, the political and legislative measures

267 Pirotta (1987) 243-245. 268 Sacco (1985/1) 125. 269 Schiavone (1992) 153-154. 270 Anon (1971) 86-87. 271 TTM, 2.viii.1939. 272 2&3 Geo 6, ch62. 273 NARMLGO-641/1939. 274 NARMLGO-3053/1939. 275 MGG 8601, 4.ix.1939, Suppl cxiii.

39 constitutions and legislation in malta of the restored representative legislature in which the pro-imperial CP commands an absolute majority of the elected members, are generally taken in the context of the international armed conflict. Opposition to legislation comes from the PN and pro-Italian front.

In 1939, British Malta as a Mediterranean fortress-colony was once again under a state of emergency. Commanders of very high quality were based in Malta, notably Captain Louis Mountbatten, 1st Earl of Burma.276 The participation of aircraft meant that the war years would see unprecedented land, sea and air operations in large-scale hostilities.277 The regular visits of the British naval squadron to Maltese ports brought increased economic activity in the commercial and banking sectors, and with this activity initially came considerable material prosperity.278 Women were recruited as emergency workers in the Dockyard. The largest workforce in the country grew and changed. The women who worked in the Dockyards were the first to ask for war bonuses, barely two months from the outbreak of the war.279 However, in this war British Malta was caught up in the inevitable sense of breaking with the past. It found itself at the centre of bombardments and blitzes. Its harbour towns and circumjacent suburbs, and the villages close to the Ħal Far airfield, were reduced to rubble. Its soil and livestock was impoverished. Its infrastructural and construction development, including the new hospital and many schools, suffered greatly. Since many civil servants were drafted into the forces, education, health and other basic public services were ruined.280 Malta’s population was dispersed.281 British Malta in World War Two had to sacrifice its vital requirements to defensive and logistic exigencies.282

276 Buttigieg (1980) 152. 277 Vella (1985) 2 et seq. 278 Consiglio 542. 279 Micallef Stafrace (1996) 31 et seq. 280 DCG, 29.v.1945. 281 Cassar (1964) 559. 282 Micallef (1981) 138.

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Foreseeing some at least of this precarious emergency situation, to sustain Malta’s economy, and provide state revenue to meet bills for devastated property, the CP, being the majority party, began by proposing indirect taxation measures.283 On its agenda of draft statutes it also included a bill to regulate factories and another bill, not electorally proposed, to abolish existing entailed property.284 After the passing of Ordinance IV, V and VI285 to increase import duties on petrol and spirits, the Factories Regulation Ordinance, Ordinance X (1940), was enacted.286 The Maltese labour forces with direct interest in the Factories Regulation Ordinance (1940) were the Admiralty-based and mainly Grand Harbour-resident workers who, once the country had been entangled in the midst of an international armed conflict, thought more about being evacuated to a safer place that the Ordinance.287 A despatch of the previous year by Malcolm Macdonald, which like the recent Ramage Committee recommended the introduction of income tax, was ignored. The despatch mentioned that among the salaries exempted from income tax, there had to be the consular emoluments irrespective of nationality and status.288 The measure to abolish existing entail was never discussed in the Council.289 The CP agreed with the Opposition to press a motion proposed by Dr Mizzi for an early enactment of another bill re-establishing the privileges and immunities of the re-constituted Council of Government. This time, it was London that postponed the bill so as to get expert advice on whether the prerogatives concerned should remain co-extensive with those of the British House of Commons.290 At the outbreak of war, groups and persons in Malta reduced drastically their activities. Their response to emergency statutes,

283 NARMLGO-603/1941. 284 DCG, 30.iv.1940. 285 NARMLGO-289/1940. 286 NARMLGO-1572/1938. 287 Ganado (1977), v1, 193. 288 NARMD-Macdonald/Bonham-Carter 14.x.1939. 289 NARMLGO-1386/1940. 290 NARMLGO-16/1940.

41 constitutions and legislation in malta including fiscal measures, was by far less than in normal times, especially in the early months of the war. However, under the state of emergency and the Defence Regulations, the industrial workers and trade unions once again found the right conditions to submit grievances, including demands for war bonuses, to unite and consolidate.291 On 10 June 1940, after declaring war against the British Empire, Mussolini’s airplanes unleashed their first bombs on Malta. In the words of a Maltaphile Englishman, ‘the Epic of Malta’ had started.292 On that fateful day, in , Dr Carlo Mallia organised a group of Maltese students to carry placards in support of Mussolini.293 Sir William Dobbie (1940-1942), the new Governor, immediately applied the 1939 Defence Regulations to intern within Fort St Saviour (or Reformatory) 35 prominent pro- Italian militants. The internees included Dr Enrico Mizzi, the PN leader and main exponent of the Latino-Italian culture, Sir Arturo Mercieca, the Chief Justice, who had to resign his post, and Dr , a young lawyer and editor of Leħen- is-Sewwa.294 Even though in 1934 London had to all intents and purposes laid to rest the language question, the new Governor initiated a process that led Dr Mizzi and his PN to try to live down the unpopularity of their cultural associations with italianità.295 On 22 August 1940, Lord Strickland, the most prominent CP figure and politician of the previous half a century, died, outliving his party’s electoral triumph by only a few months.296 Following a by-election, Captain John Formosa was elected to his seat. But Lord Strickland left a crisis behind him within the CP because his daughter Mabel Strickland, a rising force, clashed with her cousin Colonel Roger Strickland for leadership of the party.297

291 Micallef Strafrace (1996) 31. 292 See Anon (1942). 293 TTM, 8.vi.1940. 294 Ganado (1977) v2, 193-204. 295 See 13 passim and Vol 1222, 223. 296 TTL, 23.viii.1940. 297 Pirotta (1987) 32-33.

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With Lord Strickland’s death, Monsignor Gonzi was relieved of the last obstacle to his succession as Archbishop.298 On 1 January 1941, following Sir Arturo Mercieca’s removal, Dr George Borg became Chief Justice,299 heralding an era of British legal influence on the Maltese judiciary.300 At the time, Dr Paul Boffa, who with selfless devotion and intrepid courage attended to the medical, social and economic needs of the people of his home district of Kottonera, became in reality the main CP spokesman in the Council.301 In 1941, Malta and the Maltese dauntlessly resisted the uninterrupted Nazi-Fascist blitz. On 3 February 1941, Hitler decided in principle to take Malta. However, instead of turning to Malta, Germany diverted its paratroops in Crete, where they suffered huge losses.302 Nevertheless, Axis bombers and E- boats attacked Malta day and night, paralysing the country’s institutions.303 Important colonial measures, including the statute to hold the decennial census, had to be postponed. The Council reduced considerably its legislative activity. Sir William Dobbie was ordered to tighten the Defences Regulations (1939) and subjected to capital punishment any complicity with the enemy in an act of invasion.304 Only a dozen Ordinances were steered through the Council. Half were measures to increase import and export, stamp, succession and donation duties (Ordinance I, V and VI 1941).305 The rest were statutes to raise further state revenue and provide for war damage and loss. Ordinance VIII (1941) to evaluate developed tenements was based by the retiring Attorney General Sir Philip Pullicino on a model of his Palestinian counterpart WL Fitzgerald KCMG and other colonial officers.306 Another statute was Ordinance IX (1941), the Personal

298 Fenech (1976) 44. 299 Mercieca (1969) 289 and 296. 300 Ganado (1991) 259-260. 301 Anon (1971) 89. 302 Young 14. 303 TTM, 27.vii.1941. 304 MGG 8816, 18.iii.1941. 305 NARMLGO-1552/1940. 306 NARMLGO-1197/1942.

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Injuries Ordinance, to establish a compensation scheme in favour of civilians suffering from the death or injury of relatives during the war.307 Six hundred casualties were reported in the first year of the conflict.308 Ordinance XI (1941) was another war-related legislative enactment to extend for another year the Rent Regulation Ordinance (1931) and thus the automatic renewal of leases.309 To raise state revenue and cope with emergency economic problems, Sir William Dobbie adopted the rent-based valuation system in preference to an IGWU and TUC proposal that favoured financial return through income and land tax according to the system then obtaining in Britain subject to the necessary local modifications.310 Under the war constraints, Sir William disregarded an important Circular of 7 October 1941, which the Secretary of State Lord Moyne forwarded to the colonies to propose the introduction by legislation of a probation of offenders system.311 The Governor also postponed acting on another instruction from London to submit to the Council a bill to re-define the privileges and immunities of the legislature according to a specific list of prerogatives, including freedom of speech.312 The bill was an adaptation of the local Ordinance VIII (1881) and a Southern Rhodesian Act (1934).313 In the midst of the war, Sir William took advantage of the decreased legislative activity to reinforce a Statute Law Revision Committee. Such a Committee undertook the re-publication of the Ordinances and Acts in force by using Maltese for the first time as the language of the law, and English as a translation. This earned him praise, especially from L-Għaqda tal-Kittieba tal-Malti.314 Incidentally, Sir William referred the ‘parliamentary’ privileges proposal to the Revision Committee, which advised

307 NARMLGO-595/1941. 308 Buttigieg (1981) 83. 309 NARMLGO-3294/1938. 310 NARMLGO-761/1941. 311 See NARMLGO-304/1958. 312 Cremona (1997) 42. 313 NARMLGO-16/1940. 314 NARMLGO-4319/1941.

44 qualified representation him to re-submit the relevant bill to London for further instructions.315 In the first months of 1942, 14,000 tons of bombs were dropped by Axis warplanes, devastating large areas of Valletta and the harbour towns. Stately buildings, including the Theatre Royal, as well as countless ordinary buildings and dwellings were destroyed. The War Department tightened control over Malta, and heavy duties were imposed on the Police Force.316 On 20 January 1942, the Governor consulted the three British fighting services in order to make war bonus arrangements, which offer the trade unions considered unacceptable.317 As an added precautionary measure of control over pro- Italians of presumably pro-Fascist sympathy, a fortnight later the Colonial Office instructed the Governor to deport Dr Mizzi and the other 38 internees to Uganda.318 For that purpose, with all the votes of the CP and LP’s elected members, the Council rushed through the Removal of Detained Persons Ordinance, Ordinance I (1942).319 In a case instituted by the internees to impugn their ‘lawless’ banishment,320 the civil court declared the Ordinance valid and effective.321 Sir William thereby reduced the PN representation in the legislature to one person, Dr Borg Olivier. Sir Ugo Mifsud was mortally struck by a heart attack as he launched an impassioned speech in the Council against Ordinance I (1942).322 Although Dr Borg Olivier needed time to emerge as a politician of great political ability, the young and eloquent notary was given the first opportunity to act as PN leader when his party was depleted.323 At the height of the war, with important Opposition members absent from the Council of Government, legislative and political activity was practically brought to a standstill. The Council of

315 NARMLGO-5399/1942. 316 Muller 1. 317 NARMD-Stanley/Gort 10.iv.1943. 318 See Bondin and Soler on the story of the internees. 319 Ganado (1977) v2, 334-336. 320 TTM, 8.ii.1942. 321 ACJVFHCC, Abela et al v Bonello 11.ii.1942. 322 DCG, 9.ii.1942. 323 Pirotta (1987) 34.

45 constitutions and legislation in malta

Government Privileges and Immunities Bill was one of the draft statutes that were left pending until further instructions from London.324 With their continuous bombing, the Axis airplanes had practically blockaded and isolated Malta, almost bringing it into a state of starvation. Convoys of victuals and ammunition were sent to Malta during these cruellest months of the siege.325 On 14 April 1942, London announced that King George VI had awarded the George Cross to the Maltese ‘[t]o honour her brave people [and] to bear witness to a heroism and devotion that will long be famous in history’.326 Until Field Marshal Viscount Gort (1942-1944) arrived as the new Governor, the supply of food was restricted through government-controlled kitchens, called ‘Victory Kitchens’.327 On 15 August 1942, the remnants of one convoy, which included the tanker Ohio, ‘miraculously’ reached the harbours of Malta. It was immediately dubbed ‘il-Konvoj ta’ Santa Marija’.328 This marked a turn of events for Malta and the Maltese. On a London instruction according to the UK War Damage Act (1942),329 Viscount Gort ordered his new Legal Secretary, Edmund Peter Bell, to form war damage schemes330 and prepare the necessary local legislation for the next year.331 Moreover, Viscount Gort directed other emergency enactments of a compensatory and social character. By virtue of Ordinance XVII (1942), further compensation was provided under the Personal Injuries Ordinance of 1941.332 A gratuity was granted to war-disabled persons (Ordinance XVIII, 1942).333 Ordinance XXII (1942)334 was enacted to perpetuate the

324 NARMLGO-5399/1942. 325 Ganado (1977) v2, 438. 326 TTM, 17.iv.1942. 327 Buttigieg (1981) 110-115. 328 See Shankland and Hunter on the story of the convoy. 329 5&6 Geo 6, ch28. 330 NARMSD-Cranborne/Gort 24.ix.1942. 331 NARMLGO-1197/1942. 332 NARMLGO-595/1941. 333 NARMLGO-2704/1940. 334 NARMLGO-2943/1938.

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Re-letting of Urban Property Ordinance.335 Along with these statutes, following a breach of privilege case,336 the Council of Government Prerogatives Bill with a specific list of privileges was passed as Ordinance XX (1942).337 Ordinances XVII, XVIII and XXII were urgent but short-term solutions to the harsh and heavy war raids, and resultant casualties and food shortage.338 The introduction of old age pension and national insurance were in the mind of Viscount Gort.339 But since no return to normal life and activities was foreseeable, after the enactment of Ordinance XXII (1942) his first decision was to postpone the next general elections, scheduled for mid-1943.340 Things changed for the better when Viscount Gort arrived. But this Governor also took absolutely no risks and had no qualms about enforcing the Defence Regulations (1939). He was ready to arraign any person who was suspected of conspiring to commit treason against Malta and the Empire under pain of capital punishment. , a beneficiary of one of the Istituto Italiano scholarships who was apprehended while entering clandestinely the territorial waters of Malta, was tried, sentenced to death and executed on the ground that, together with other Maltese students, he had borne Fascist arms against the security of his native country.341 When the defiant Maltese had already suffered from the widespread destruction of buildings and from humanitarian hardships due to lack of food and , and the outbreak of , polio and other diseases, Britain revealed that it would grant £10,000,000 to Malta to meet war damage.342 Definitely, financial assistance was badly needed to provide for extending medical services, health insurance and other social schemes.343

335 See 44. 336 DCG, 5.viii.1942. 337 NARMLGO-5399/1942. 338 Micallef (1981) 164-172. 339 Buttigieg (1981) 335. 340 Sacco (1985/1) 128. 341 Mizzi (1983) 4-12. 342 Cassar (1964) 566. 343 Ganado (1977) v3, 206-212.

47 constitutions and legislation in malta

Perhaps London had sensed that in this heat of the war, as in World War One, the more organised Dockyard workers, with women at the fore, would find momentum and react.344 Ironically, it was the Maltese son of a British couple, a Dockyard employee of a determined character, Reggie Miller,345 who appealed to all branches and associations of workers to fuse into a new, more organised national trade union instead of the war-enfeebled IGWU and TUC.346

9.2. RECOVERY

In 1939-1947, legislative measures are taken to mitigate one of the worst sufferings of a war, namely the destruction of houses. The relevant statutes are few in number and are enacted half-way through the period when Italy’s surrender signals the end of Malta’s involvement in the war. Political and legislative activity is also reduced for some months while all energies are devoted to the first actions aimed at recovering from the devastating effects of the war on civilian life.

In 1943, the Axis warplanes slackened their attacks against Malta. But the Maltese felt two common repercussions of an international armed conflict. On the one hand, Malta was afflicted by outbreaks of infectious diseases such as tuberculosis, scabies, polio and murine typhus.347 On the other hand, it was affected by a rise in the cost of living.348 On seeing that many inhabitants, especially in Valletta and Kottonera, sought dwelling houses in safer places until the war was over, and that there was an excess of demand over supply at least in the short-run, landlords began to raise exorbitantly the rent of tenements situated outside the war-ravaged ‘strategic’

344 Micallef Stafrace (1996) 31. 345 See Micallef Stafrace (1998) on Reggie Miller. 346 TTM, 12.x.1942. 347 Cassar (1964) 566. 348 NARMLGO-2943/1938.

48 qualified representation areas.349 The Dockyard workers, the thermometer of the country’s economic performance, were the first to respond to the cost of living increase,350 thus repeating history.351 Masterminded by Reggie Miller, they made lightning strikes to press for war bonuses, better salaries and social services, mentioning health insurance, old age pension and compulsory education.352 In 1943, the political parties went into virtual hibernation, with the CP ending up without a leader and the PN with a deported leader. The LP with a ‘tired’ leader353 began to come to life. Believing that once World War Two was over they would find it impossible to operate the 1939 Letters Patent, they gave priority to the restoration of self-government and attainment of greater constitutional liberties, as well as economic and financial recovery. Proceeding with publishing its dailies in English and Maltese The Times (of Malta) and Il-Berqa, and its weekly The Sunday Times (of Malta), the CP enjoyed a press monopoly. The PN had stopped its newspaper Malta during Dr Mizzi’s absence, and would make do with the rather middle-of-the-road paper The Bulletin,354 which JJ Scorey had just started to print.355 The LP still lacked a journalistic outlet.356 In 1943, the Maltese heightened their socio-economic and politico-legislative expectations for a better post-war period owing to their heroic suffering in the Empire’s defence. They had paused to re-assess their values. Now, they were set to make a break with the immediate conservative past of the inter-war Crown colony rule, to come back to the path of radical reforms. Indeed, the younger generation resumed their march towards social reforms, including changes in attitude and outlook. They had initiated their movement in the first self-government era

349 DCG, 20.iv.1943. 350 Micallef Stafrace (1996) 122-123. 351 See Vol 1 82. 352 TTM, 2.iv.1943. 353 Pirotta (1987) 34-35. 354 Ganado (1977) v3, 173. 355 Frendo (1994) 31-33. 356 See 56.

49 constitutions and legislation in malta but had been interrupted in the inter-war Crown colony rule.357 Women in particular started to acquire important economic roles, threatening competition as a social class within the industrial structure.358 The Dockyard, the civil authorities as well as private employers in firms, banks and other institutions had offered women jobs to replace drafted male employees.359 A group of prominent women headed by Josephine Burns de Bono founded the first ever Women of Malta Association to champion women’s rights and prepare women to contribute solidly to future social changes.360 Putting female participation in politics first on the agenda,361 the Association anticipated more female emancipation from conventional taboos and strictures.362 In the state of siege, Viscount Gort stuck to a very small programme of emergency legislation. Still, by way of his few war measures, he laid the groundwork for future measures. In January 1943, the UK education expert C Ellis came over, recommending compulsory education and an increase in teaching salaries.363 Many teachers had been attracted away to the British services where payments were much better.364 The Governor appointed Captain Formosa (CP), Dr Boffa (LP) and Dr Borg Olivier (PN) to form a committee (‘the Gort committee’) to recommend the best means of stabilising the value of rent of dwelling houses.365 In fact, a group of proprietors was induced to form a Landowners Protection Association.366 On a London instruction, the Attorney General Dr Galea also embarked on drafting a bill to adopt a new Cypriot Trade Unions and Trade Disputes Act, including the right to strike

357 Ganado (1977) v3, 164. 358 TT, 12.viii.1944. 359 Ganado (1977) v3, 161. 360 Burns de Bono 12. 361 See 71, 75. Women were granted the right to vote in 1947 and contested the first elections in 1948. 362 Pirotta (1987) 12. 363 TTM, 4.i.1943. 364 Sultana 105. 365 NARMLGO-2943/1938. 366 NARMLGO-1261/1943.

50 qualified representation and picketing,367 and revoke Ordinances XXI and XXII (1937) and, thus, the TUC.368 But his draft statute needed some time to prepare and pass through the Council. On 19 March 1943, the statute proposed by London in the previous year369 to establish war damage schemes regarding both immovables and ‘chattels’ was enacted as Ordinance III of 1943.370 On 15 April 1943, on the occasion of the first anniversary of the award of the George Cross,371 Mabel Strickland suggested ‘Integration’ with Britain.372 On 21 June 1943, King George VI made a visit to Malta during which he decorated Chief Justice Dr George Borg with a knighthood.373 The Council of Government met to vote unanimously for Ordinance XVI that gave legislative recognition to the grant of the George Cross to Malta in the previous year.374 However, by announcing in the House of Commons on 7 July 1943 that Britain would restore responsible government in Malta after the declaration of Armistice, it was Secretary of State OFG Stanley, who made the first significant gesture of politico-constitutional development.375 London’s announcement appeared more imminent in the context of Italy’s surrender two months later.376 As the country traversed this important politico- constitutional development, the Dockyard workers, including many women, re-organised themselves under the leadership of Reggie Miller.377 On 5 October 1943, a meeting of colossal and hitherto unseen proportions was held at the end of which the General Workers Union (GWU) was founded.378 Unlike the IGWU and TUC, the GWU was opened to all classes of workers, prominently women, to give them a direct say

367 See 57. 368 See NARMLGO-2147/1945. 369 See 47. 370 NARMLGO-603/1941. 371 Micallef (1981) 187. 372 TTM, 15.iv.1943. 373 Cuschieri 6-7. 374 NARMLGO-4850/1943. 375 DHC, 7.vii.1943. 376 DCG, 15.vii.1943. 377 Cilia 8. 378 See also Borg (1979) on Reggie Miller.

51 constitutions and legislation in malta in industrial relations.379 The GWU made it a fundamental policy to implement old age pension and health, sickness and unemployment insurance through funds collected by way of a redistribution of the tax structure, especially the introduction of income tax.380 The pro-labour and pro-socialist union immediately called for a system to ensure adequately long-term or indefinite employment as well as an arbitration machinery to regulate better industrial or trade disputes.381 It feared a repetition of the post-World War One mass discharges, which several Dockyard workers still bitterly remembered.382 An Admiralty economic advisor, Norman Macleod, came to Malta to investigate the GWU strikes, hinting at possible redundancies in the local defence departments once the war was over.383 By enrolling around 20,000 members, including several Admiralty workers, the union immediately established itself as a powerful force to consolidate trade-unionism in general.384 At the end of 1943, on the death of the long-ailing Archbishop Caruana, Bishop Gonzi was appointed Archbishop of Malta.385 In order to restore muscle to his Church, traditionally most powerful but recently weakened by its succession intrigues, the determined new Archbishop adopted typically ‘conservative’ and pre-aggiornamento policies. Cautious of change as much as fearful of , he declared that the woman was to remain a housewife.386 He used immediately all means available, particularly the Church newspaper Leħen is-Sewwa, to promote his policies. In the face of the visible trends in the country towards a radical economic and social upheaval, at times he made immoderate

379 TTM, 5.x.1943. 380 Micallef Stafrace (1996) 51-52. 381 Pirotta (1987) 23. 382 B, 5.x.1943. 383 Macleod xic. 384 Buttigieg (1981) 330. 385 Tonna 183. 386 LIS, 26.v.1945.

52 qualified representation interventions in political life.387 Archbishop Gonzi was a figure of great stature and a dramatis persona of considerable influence in the country’s political and legislative affairs.388 On 10 February 1944, meeting in a National Congress, the elected members and constituted bodies decided to re-convoke a within a year with a view to making proposals for a new Constitution.389 It was agreed to grant 158 seats to band clubs, 42 to the clergy, 24 to the Chamber of Commerce, 18 to the professional bodies, including the Chamber of Advocates and Notarial Council, and four to the nobles and association of landowners. 22 representatives were also allocated to mixed unions but two seats to each section of the GWU.390 In the current circumstances, the nobles preferred to leave a proposal for abolishing entailment391 to a ‘representative government’.392 In its new bilingual weekly The Torch, the GWU complained that in the allocation of delegates, the Congress had treated differently the Chamber of Commerce as a professional body.393 In February 1944, Viscount Gort also concurred with a report from Matthew Campbell on the need for prompt legislation to introduce a cooperative system of marketing, especially for vegetables. Mr Campbell had conducted work on farmers’ cooperative societies in Palestine, Kenya and Cyprus.394 On 9 May 1944, the Governor declared support for introducing compulsory education according to the express wish of the elected members. But again he did not legislate on the matter.395 He made such an announcement within a week of the first public speech of Monsignor Gonzi as Metropolitan Archbishop of Malta in which the new deeply-disciplined and highly adroit spiritual leader stressed the importance that the State should implement

387 Ganado (1977) v3, 189. 388 See Part IV passim. 389 TTM, 11.ii.1944. 390 Pirotta (1980) 301-325. 391 NARMLGO-7477/1943. 392 DCG, 11.xi.1943. 393 TT, 23.xii.1944. 394 NARMLGO-699/1935. 395 DCG, 9.v.1944.

53 constitutions and legislation in malta the traditional concept of compulsory education based on the Catholic Church’s teachings.396 Viscount Gort also agreed to reform the law of infanticide according to the London instructions of 1938.397 Following a jury verdict determining that a 19 year old mother accused of choking her baby to death owing to the psychological effects of parturition could not plead provocation as an ‘excuse’ from capital punishment,398 the Women of Malta Association recommended the extension of the UK Infanticide Act (1938)399 to Malta.400 Since Viscount Gort had to leave Malta, the proposals for legislative reforms regarding cooperative societies, compulsory education and infanticide were left to his successors.401 In fact, the new Governor Sir Edmund Schreiber (1944-1946) followed his immediate predecessor’s lead for the duration of the war. Sir Edmund ignored all the latest political and trade-union developments. Despite pressure from the LP and GWU, Sir Edmund refrained from calling fresh elections.402 Moreover, he did not undertake the erection of dwelling units to meet the destruction and shortage of residences, the worst war consequences.403 Unfortunately, while reporting on town- planning, two British engineers also appeared to give the luxury of new roads priority over essential housing.404 In fact, the new Governor introduced very few and mostly insignificant laws.405 On his arrival in September 1944, Sir Edmund stressed badly needed improvements in the important medical sector. Even though the Camera Medica considered the salary offers low, he recruited more doctors and dentists.406 The legal and institutional framework for an efficient medical

396 TTM, 5.i.1944. 397 NARMLGO-4979/1944. 398 ACJVCC, R v Micallef 25.vii.1944. 399 1&2 Geo 6, ch36. 400 NARMLGO-4450/1944. 401 See 62, 63, 80. 402 Sacco (1985/1) 132. 403 B, 13.v.1946 and 22.iv.1946. 404 Harrison and Hubbard 28-32. 405 Buttigieg (1981) v3, 326. 406 TTM, 4.xi.1944.

54 qualified representation service did exist. The Sanitary Ordinances dated from 1900- 1908.407 However, the Health Department now cried out for a re-organisation, and because in peace-time the war-disrupted building of the general hospital, St Luke’s, was to be resumed, the number of practitioners had to be increased.408 Sir Edmund tried to provide for housing by regulating the value of urban property by legislation. According to administrative assessments, leaving on one side principal administrative edifices and entertainment sites like the Theatre Royal,409 28,000 houses were devastated during the war.410 In line with recommendations by the Gort Committee, he assented to a statute, Ordinance XVI (1944), to restrict prospective rents of new dwelling-house leases. Primarily, the relevant periodical payment of rent at pre-war level was subjected to the scrutiny of the special Rent Regulation Board.411 Ordinance XVII (1944) was also steered through the Council of Government to amend the War Damage Ordinance (1943) to include the payment of interests on the value of urban property.412 The Chamber of Commerce and the newly formed Landowners Protection Association argued that after the end of the war, rent restriction might slow up the building industry.413 Sir Edmund, who permitted the building of a new stadium named after him in Raħal Ġdid,414 was booed in a football match soon after he enacted Ordinance XVI (1944).415 Landlords predictably found ways of sidestepping the de-liberalising effects of the Ordinance, as for instance, by visiting on prospective tenants their labour costs under the veil of capital expenses.416 On 20 January 1945, the National Assembly initiated its discussions on the modalities to follow during the preparation of

407 See Vol 1 67, 69, 72. 408 Cassar (1990) 7. 409 J Bonnici (1990) 79. 410 DCG, 22.iii.1945. 411 NARMLGO-2943/1938. 412 NARMLGO-5711/1943. 413 DCG, 11.xi.1944. 414 Baldacchino (1993) 75-76. 415 Mercieca (1969) 347. 416 Pirotta (1987) 10.

55 constitutions and legislation in malta a new self-government Constitution. Bringing together leading politicians and distinguished personalities, including Dr Mizzi, now repatriated from Uganda, and Dr Boffa,417 the Assembly appointed Professor Contino Luigi Preziosi as President and Mr Reggie Miller as Secretary. Almost unanimously, the Assembly voted for the removal of plural voting, the declaration of Maltese and English as the official languages of culture, education and administration, and the entrenchment of the ‘Roman Catholic Apostolic’ Church. By a narrow margin, it agreed on introducing female suffrage and on abolishing the Senate.418 Without dissent, it resolved to liberalise the emergency Press Law419 - Ordinance V 1933.420 At first, the Assembly seemed to be more of a ‘conservative’ character. A good number of delegates representing band clubs were lawyers.421 However, it soon fell under the domination of the Labourites.422 With a quasi-symbolic gesture, despite the opposition of Archbishop Gonzi and the Church, Mrs J Burns Debono from the Women of Malta Association, and Mabel Strickland as the heir of its family newspaper, were included as delegates.423 The LP, which sought to re-organise itself with the enthusiastic help of a team of younger, more spirited, individuals, made a ‘Labour Front’ with the GWU. Very narrowly, it defeated the PN and clerical elements on the vote favouring female suffrage.424 Since it had never forgotten the 1928 incident when in ‘compact’ with the CP, the LP used its new paper, The Dawn,425 to re-oppose a bicameral legislature.426 The PN abstained on the language motion but opposed universal franchise lest women increased the workers’ vote

417 Ganado (1977) v3, 122-127. 418 TT, 23.xii.1944. 419 NARMLGO-2675/1945. 420 See 18. 421 Buttigieg (1981) 331. 422 Mercieca (1969) 347. 423 LIS, 21.ii.1945. 424 Anon (1971) 101. 425 Frendo (1994) 31-33. 426 See Vol 199, 207 et seq.

56 qualified representation to the LP’s advantage.427 It renewed its proposed Dominion status within the British Commonwealth. With mixed feelings, the LP-GWU opposed Commonwealth membership lest citizens from countries composing such a free association of independent nations and their dependencies might come over to Malta in quest of jobs.428 Sir Edmund immediately dismissed a move to dissolve the Council and to reform the Press Law.429 Within a fortnight he provoked criticism from the GWU and precipitated the resignation from the Council of the LP leader Dr Boffa.430 On 6 February 1945, more importantly, Sir Edmund announced that Britain was ready to provide all the capital expenditure to reconstruct Malta. A British financial expert, Sir Wilfred Woods, was also engaged to report on the country’s financial needs.431 Sir Edmund, whose second year in governorship was again characterised by legislative inactivity, directed the Council to enact the Trade Unions and Disputes Bill that had been pending for two years - Ordinance IV.432 He sensed the combined strength of the GWU and other unions.433 The Attorney General Dr Galea told the Malta Union of Teachers that, like its Cypriot model, Ordinance IV (1945) included civil servants performing clerical and similar work.434 Incidentally, in April 1945, also on a Cypriot model,435 the agro-businessman and PN candidate Henry Jones introduced the first cooperative to help Gozitan farmers lower the prices of their products and compete in the local market, especially after the end of the war-imposed rationing system.436 On 7 May 1945, Nazi Germany surrendered unconditionally. The war in the west came to an end. To prevent a future world war, states, including Britain, took immediate action to create a United

427 Pirotta (1987) 69. 428 NL, Libr.Ms.1526. 429 NARMLGO-2675/1945. 430 NARMLGO-515/1945. 431 DCG, 6.ii.1945. 432 See 50, 51. 433 Micallef Stafrace (1996) 57-58. 434 NARMLGO-2147/1945. 435 DCG, 24.i.1946. 436 Rizzo 19.

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Nations instead of the League of Nations.437 In Malta, the Defence Regulations of 1939 were repealed.438 A British economic adviser, Sir Wilfred Woods, also arrived to report on the state of affairs in Malta.439 Sir Wilfred expressed favour for introducing social services, proposing more direct taxes to provide the necessary funds. He emphasised that Malta could derive much wealth from organised tourism, especially if Malta exploited its war gallantry and George Cross award in tapping the British market.440 Expressing the desire to know what the Maltese thought about Woods’ legislative proposals, the Colonial Office decided to dissolve the Council of Government.441 Sir Edmund fixed elections for 10 November,442 causing a flurry of political activity.443 The LP, now called the MLP (for Malta Labour Party), was the first to announce its candidature with an electoral manifesto, from the outset announcing that it did not give precedence to restored self-government.444 Constitutionally in favour of a unicameral legislature, the abolition of plural voting, and the introduction of universal suffrage, the MLP considered that for the proper and effective implementation of a massive project of re-housing in the heavily war-ruined areas of Malta, an economy independent of military defence was vital. It preferred a committee to evaluate the financial situation, to a committee to draft a detailed Constitution restoring responsible government.445 Electorally, the MLP emphasised a better standard of living in step with the general orientation of the industrial workers. Thus, it gave priority to the legislative introduction of old age pension, health and unemployment insurance, compulsory and technical education, mass emigration and immigration control,

437 Cannon 945-946 on the formation of the UN. 438 MGG 9313, 11.v.1945. 439 TTM, 8.v.1945. 440 Woods 45. 441 Ganado (1977) v3, 211. 442 DCG, 18.vii.1945. 443 Pirotta (1987) 45-48. 444 TTM, 31.viii.1945. 445 NL, Libr.Ms.1526, 18.v.1945/15.v.1945.

58 qualified representation industrial arbitration, and cooperatives to help farmers lower the prices of their products and become more competitive. The MLP proposed a more equitable fiscal system to finance such a welfare state programme, although it did not mention direct taxation.446 On the other side, Dr Mizzi stated that his ‘pro-autonomy’ party was boycotting the elections in protest for the lack of self- government.447 Indeed, he had the arduous task of convincing the electorate that his PN had had no association with the Fascist war aggression that had demolished thousands of Maltese homes.448 The anti-taxation CP, divided and leaderless, and probably afraid of incurring heavy losses, also abstained from contesting.449 Despite the fact that the PN and CP did not jockey with the MLP, they still criticised the MLP manifesto based on social services. The PN was for such services provided that these were on a contributory basis. On the other hand, the CP utterly rejected them, even the introduction of old age pension.450 The better- knit MLP was challenged by a few independent candidates, including ex-PN Henry Jones for Gozo and JJ Scorey.451 Indeed, by prioritising economic recovery, the MLP neglected the important factor that the Maltese had nurtured a strong feeling for restored self-government in the previous two years. However, it was backed by the strong GWU,452 which had been helped both by the boycott by the cultured and moneyed class and by the bad war-generated socio-economic inflation of prices, including rents. It polled just over 19,000 (76%) of the votes cast (25,600 out of 61,000). Apart from Henry Jones, it returned nine elected members.453

446 TD, 10.x.1945. 447 NARMLGO-7877/1945. 448 Ganado (1977) v3, 212. 449 Koster 130. 450 TTM, 19.ix.1945. 451 Sacco (1985/1) 133-134. 452 Pirotta (1987) 49. 453 Schiavone (1992) 166-168.

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9.3. BREAKTHROUGH

The period 1939-1947 also sees the MLP being elected to government with an absolute majority of elected members. However, their stay in office lasts no more than two years, from 1945 to 1947, owing to the restoration of responsible government after negotiations between a National Assembly and a Colonial Office representative.T he period 1945-1947 is distinguished by the enactment of Ordinances to get started the rehabilitation of the country but also by breakthrough legislation, including an important statutory step towards the political emancipation of women.

In direct contrast to the CP and PN, the MLP had a track record of diminishing strength from the time of its foundation. But now it emerged overnight as the major political force, to win the first government in the post-world war period. It was set to assume the reins of administration in a difficult phase of the whole British rule. Malta had to undergo a thorough economic, social and physical reconstruction.454 By comparison with the UPM on the threshold of the first self- government, the MLP was in a completely different predicament. The MLP was on the brink of extinction in 1939. But now it was the most prepared to govern thanks to new brawn, blood and brain within its folds. The tired Dr Boffa, who had devoted more time in the war to the medical and socio-economic problems of his Kottonera constituents, found himself in the midst of a circle of young men ready to re-build his party into a new movement.455 Two such men soon rivalled each other for the highest positions with great organisational and oratorical versatility. These were architect Dom Mintoff, and medical practitioner Dr Arthur Colombo.456 Mintoff, also from Kottonera, was graced with political flair and unbounded energy. He had just graduated in engineering science at the University of Oxford where he had

454 See Vol 1 118 et seq. 455 Anon (1971) 91-93. 456 Pirotta (1987) 146-157.

60 qualified representation become an active member of the Fabian Society and had forged useful contacts with Socialists in the UK. Dr Colombo, a brother-in-law of Reggie Miller, and a very popular doctor with a strong power base in the working class towns of and Gżira, was also an authentic radical endowed with the gift of the gab.457 Mr Mintoff was to get the upper hand over Dr Colombo and together with Dr Borg Olivier and Archbishop (now Sir)458 Michael Gonzi, form the troika that was to dominate the politico-legislative arena after the war.459 The MLP was in a minority in the Council but was politically powerful.460 In the first place, the MLP pressed London to meet its ‘moral’ obligation to assist Malta in its physical rehabilitation because of Malta’s war record and war-shattered military- dependent economy.461 Malta aspired to receive financial co- operation from Britain overnight, particularly after the British Labour Party under the leadership of Clement Attlee had come to power with a landslide.462 Then, the MLP put pressure on the official members in the Council of Government to call for several legislative reforms according to its own, and the GWU’s, welfare state programme. Although it could not legislate at once on labour arbitration, old age pensions and income tax, measures all of which financially defied a quick implementation, the MLP managed to enact around 18 statutes in two months. As with industrial arbitration, the MLP did induce Sir Edmund Schreiber to compose a Board, with the inclusion of Reggie Miller, to report on the matter.463 But until such report was finalised, months would lapse.464 Despite the fact that the education sector was engulfed by several problems because not a single classroom had been built

457 Ganado (1977) v3, 358-359. 458 Abela (1988) 169. In 1946, he was made a Knight Commander of the Order of the British Empire. 459 See Part IV passim. 460 TD, 14.xi.1945 and TB, 17.xi.1945. 461 DCG, 28.xi.1945. 462 Cannon 554. 463 PDLA, 13.xii.1945. 464 See 63.

61 constitutions and legislation in malta from 1933 to 1947,465 while the war had played havoc with many school buildings,466 the MLP prioritised the introduction of compulsory education to all children between 6 and 14 years of age. The quickest practical solution was espoused. A model system devised by John Brennan, the new Director of Education, was adopted to introduce compulsory education in specific areas, but gradually all over Malta.467 Ordinance II (1946) was passed along with another statute, Ordinance III (1946), to set conditions for licensing private schools and teachers and make grants for the provision of premises for teaching.468 Heeding a recent speech by the spiritual leader,469 religious instruction was based on the principles of ‘Christian Doctrine’, understood as the Roman Catholic Church.470 In terms of Ordinance III (1946), a Board for the management and control of the educational establishments included Reverend Joseph Delia SJ as representative of the ‘Metropolitan Archbishop of Malta’.471 The Strickland press called Ordinance II (1946) ‘an eyewash’, but the MLP went ahead with the enactment of this landmark legislation.472 Despite the fact that London had been lingering on for over three years in honouring the promise to grant Malta war damage funds for financing economic and infrastructural reconstruction,473 the MLP participated fully in the sittings of the Council of Government. Ordinances V474 and XII (1946)475 were brought forward to impose export, import and entertainment duties in order to provide for the grant of new gratuities for emergency transfers from public to military services (Ordinance XVIII 1946)476 and to increase pensions

465 Schuster x. 466 Zammit Mangion (1992) 57-58. 467 DCG, 17.i.1946. 468 NARMLGO-580/1946. 469 See 53, 54. 470 RWGD 1946-1947, 447-449. 471 MGG 9423, 5.iv.1946. 472 TTM, 12.i.1946. 473 See 47, 64, 65. 474 NARMLGO-455/1939. 475 NARMLGO-1444/1940. 476 NARMLGO-4874/1943.

62 qualified representation under the Personal Injuries Ordinance (1941) (Ordinance XXXII 1946).477 On 9 July 1946, London promised a further grant of £21,000,000.478 Encouraged by the fact that the 1945 Industrial Board submitted its recommendations, which gave weight to JH Whitley’s Report (1916, Cd 9099), and that it was bound by an electoral promise, the MLP also embarked on drafting a statute to introduce labour arbitration.479 Industrial Arbitration was at the heart of the GWU, which union was at the time joined by the MLP and other political forces (other than the now dissolved CP),480 and also by the Church,481 in successfully making the Admiralty suspend mass discharges from the war-fragmented Dockyard.482 Following the establishment of the gratuities scheme, other statutes were enacted. These included Ordinance XXXIV (1946) to regulate cooperative societies, Ordinance XXXV to liberalise the operative Press Law (1933),483 and Ordinance XXXVI to empower the Director of Public Works to rehabilitate heavily damaged areas.484 Ordinance XXXIV (1946) was based on Cypriot legislation485 and was enacted with the support of the Chamber of Commerce.486 A member of the Chamber, Elias Zammit, resigned to form a Federation of Industries (FOI).487 Ordinance XXXV (1946) was enacted in line with the National Assembly’s recommendation.488 However, without re-introducing the jury in libel cases489 as under Ordinance XIV of 1889,490 it was on the recommendation

477 NARMLGO-6318/1942. 478 Pirotta (1987) 60. 479 RA x. 480 B, 4.ii.1946. 481 LIS, 3.iv.1946. 482 DCG, 20.iii.1946. 483 NARMLGO-2675/1945. 484 NARMLGO-522/1946. 485 DCG, 15.ii.1946. 486 NARMLGO-699/1935. 487 FOI 8. 488 See 56. 489 DCG, 15.i.1946. 490 NARMLGO-2675/1945.

63 constitutions and legislation in malta of the Attorney General that the £200 guarantee under the current Press Law of 1929 was repealed.491 Ordinance XXXIV to XXXVI were enacted exactly when the second civilian Governor in 100 years, Sir (later Lord) Francis Douglas, was appointed.492 Although Sir Harold MacMichael also arrived in Malta as Constitutional Commissioner, and started holding talks with the National Assembly on restoring self-government,493 the MLP was resolute to take any action in case London dishonoured its promises on reconstruction funds. Therefore, Sir Francis, a staunch Labourite, arrived when trouble was already laid in store.494 In the event, in reaction to a London decision to provide £20,000,000 instead of £31,000,000 as war damage costs and reconstruction expenditure, on 12 September 1946, Dr Boffa and his MLP deputies resigned their Council seats.495 The MLP leader moved, and Mr Miller seconded, a National Assembly resolution obliging London to remit the remaining promised funds.496 The British Parliament proceeded to pass the Malta Reconstruction (Final Settlement) Act (1946) to grant Malta £20,000,000, payable in stages.497 Consequently, Sir Francis Douglas passed through the Council an Emergency Powers (Transitional Provisions) Ordinance or Ordinance XLIII (1946) to control the caretaker government and legislative process until the issue of the new Letters Patent.498 On 1 January 1947, Sir Harold MacMichael published his report and minutes of discussions attesting a large measure of agreement with the Assembly.499 But he proposed at bottom a modification of the 1921 Constitution, emphasising the removal of the Senate unless within 10 years, a popular referendum

491 See Vol 1 209, 212, 213. 492 Luke (1965) 235. 493 NL, Libr.Ms.1528. 494 Ganado (1977), v3, 295. 495 NARMLGO-509/1948. 496 NL, Libr.Ms.1526, 20.ix.1946. 497 10&11 Geo 6, ch9. 498 MGG 9513, 28.xi.1946. 499 LHRPLCG 1945-47, dos 158/1.

64 qualified representation demanded a re-instatement of the Second Chamber.500 He also issued a White Paper for public comments but the attention of public opinion during the rest of the caretaker government501 was completely diverted by the trial by jury in Malta of 18 Italy-based Maltese students. The students, who were indicted for ‘war treason’ before the criminal court, were ultimately acquitted.502 In 1947, Sir Francis Douglas promulgated more than 20 statutes many of which consisted in minor amendments. To upgrade industrial relations, under the Factories Ordinance (1940), he only constituted a Labour Advisory Board, including Paolo Galea as Chamber of Commerce representative to submit legislative proposals.503 Therefore, in 1947, there were very few enactments worthy of note. On 7 February 1947, Ordinance V was passed to declare it lawful for a ‘married woman’ to exercise the right to vote. When a new self-government Constitution and the extension of franchise to all female British subjects were imminent, by recognising legislatively for the first time ever a woman’s right to vote, a historic step was made.504 Indeed, the married woman’s introduction into the electoral system stimulated two groups to form fresh political parties. The medical professor Joseph Hyzler and leading advocate/building entrepreneur Dr Ġużè Pace together with Marchesino Dr Filippo Apap Bologna, son of ex-Senator Paolo,505 Baron Jerome de Piro d’Amico, and other nobles, formed the Democratic Action Party (DAP). Meeting at the residence of Baron de Piro, their strategy was aimed at the CP votes.506 The DAP immediately issued papers in Maltese and English – In-Nazzjon and The Nation – to propagate an anti-taxation programme. Another influential Gozitan lawyer,

500 See MacMichael and SPCR and the relevant Report and White Paper. 501 LHRPLCG 1945-47, dos 157/1. 502 TTM, 14.ii.1947. 503 MGG 9519, 17.i.1947. 504 NARMLGO-884/1946. 505 See Vol 1 119. 506 TTM, 20.iii.1947.

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Dr Francesco Masini,507 founded a party to fight for the rights of Gozo and the Gozitans.508 On 31 July 1947, Sir Francis promulgated Ordinance XXIII (1947) to entitle the Malta Government to drill and extract petroleum and natural gas in Maltese territory. Like Lord Plumer (1921), he followed a London direction,509 and repeated legislative history.510 On 17 September 1947, the Secretary of State for the Colonies Creech Jones conveyed general observations on the final modified Constitution restoring self-government.511 In 1933-1947, the legal system of Malta had continued to evolve. The progressive and lasting effects of World War Two over the country throughout the period did not deter the Governors and Legislative Councils from implementing a wide range of measures. First and foremost, in order to supplant Italian and oppose Mussolini’s Italy, the Maltese language was given legal status by the issue of Letters Patent and institutional recognition by virtue of several enactments. In addition, in a situation of restored Crown colony rule, the gubernatorial and imperial authorities sanctioned grand public welfare projects, no doubt partly in order to convince the people of their benevolence. Ordinances were enacted to authorise construction and infrastructural programmes, including the clearance and rehabilitation of slum areas. Thirdly, several statutes were passed to upgrade the health, medical and sanitary systems. The regime governing agriculture was better armoured. The table of enactments in the period 1933-1947 abounded. Social legislation was enriched. Although it was left to the new self-government to provide for old age pensions, Whitley arbitration and income tax, the corpus of employment and trade- union laws was widened. The institutionalisation of welfare state appeared on the horizon.

507 Bezzina (1995) 24-32. 508 TTM, 21.iv.1947. 509 See NARMLGO-240/1958. 510 See Vol 1 97, 98. 511 NARMD-Creech Jones/Douglas 17.ix.1947.

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In 1933-1939, Dr Giuseppe Micallef was a Gozitan lawyer who in the capacity of Superintendent of Agriculture rather than in the role of politician and elected member, was behind the formulation of all legislation of the period concerning the regulation and preservation of agriculture. In 1939-1947, notary Dr Giorgio Borg Olivier, architect Mr Dom Mintoff and Archbishop Michael Gonzi, now the spiritual shepherd of the country, emerged as the future leaders of Maltese politics and law-making. Throughout 1933-1947, English and colonial legislation provided the models for Maltese legislation. For instance, in 1933-1936 London proposed or imposed the adoption of Acts of the British Parliament. And in 1945-1947, the Maltese elected members themselves advocated the taking of measures on the lines of colonial enactments. The legislation of Cyprus notably attracted attention as providing a convenient model for Malta.

67

PART IV Restored Self-Government and Crown Colony Rule, 1947-1964

part iv narrates the post-war legislative history up to the achievement of independence in 1964. The period from 1947 to 1964 starts with the decade of the second diarchy, from 1947 to 1948. There follows a further spell of gubernatorial rule from 1958 to 1961, and finally the establishment of a single and local responsible legislature in 1962-1964. In 1964 Malta became independent. Part IV is divided into four chapters and a conclusion. The first three chapters correspond to three phases of the second diarchical legislature. The first chapter, Chapter 10, deals with the period 1947-1950. In contrast to the first self-government, this post- world war period starts with a long process of reconstruction.512 The MLP and MWP under Dr Boffa are in government and the foundations of welfare state legislation are laid. Chapter 11 then treats the period 1950-1954 during which three unstable MWP-PN coalitions are formed. Despite the instability further important social measures are taken. The third Chapter of Part IV covers the first MLP government under Mr Mintoff , 1955- 1958, during which welfare state legislation is consolidated and the Integration proposals and referendum are made. Then comes the fourth chapter, the twelfth of the book, which concerns the suspension of the Constitution of 1947 and a period of returned Crown Colony rule, 1958-1961. In this interval of constitutional retrogression, important legislation is enacted which aims to shift the base of the economy from defence to tourism. Chapter 15, the last chapter, relates the last three and most crucial years of Malta’s 150 years under British rule. It is a short but very intensive period during which a single responsible legislature enacted legislation to hold the Independence Referendum and to entrench the process of industrialisation on a basis suitable an independent country.

512 See Vol 1 103, 118 et seq.

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Part IV corroborates the fact that the principal interest groups are the local Church at a time when priests refrain from entering politics,513 the Armed Forces of the Crown, although to a lesser extent than in previous years, and the political parties. The General Workers Union as an ally of the MLP also wields a strong influence on the law-making body. The MLP and the PN emerges as the two major political parties in post-world Malta. Mr Mintoff, Dr Borg Olivier and Archbishop Sir Michael Gonzi are the leaders who dominate the scene.

513 Bonnici (1975) 277.

70 Chapter 10 RESTORATION this is the first chapter of Part IV. It covers the first legislature under the second responsible government. From 1947 to 1949 the MLP governs with an absolute majority. Following an internal split, the MWP takes over with a relative majority until a final defeat on the estimates in 1950. In this period, and hence in this chapter, falls the legislative institutionalisation of the welfare state in Malta.

Britain issued Letters Patent514 and accompanying Instructions to restore responsible government on 5 September 1947.515 The diarchical pattern of the 1921 Constitution was closely followed. The ‘Maltese Government’ was re-established to deal with transferred matters such as finance, education and the police.516 The ‘Maltese Imperial Government’ was reconstituted to control reserved matters, primarily ‘lands, buildings, docks and harbours … for naval, military or air forces purposes’, and ancillary items, including territorial waters and air space, sea navigation, civil aviation and wireless telegraphy.517 However, London made a few but substantial changes regarding the composition and operation of the organs within the Maltese Government. It established a unicameral legislature consisting in a quadrennial Legislative Assembly (still popularly called ‘Parliament’) of 40 members. Subject to Standing Orders of the 1921 model,518 on the lines of the Southern Rhodesian Constitution (1923), and not before the lapse of 10 years, the Assembly was empowered to decide, by simple majority, whether to re-introduce an Upper House.519

514 MGG 9589/9590, 10.ix.1947. 515 MGG 9597, 23.ix.1947. 516 See NARMLGO-240/1958. 517 LPG (1947) Art 23. 518 See Vol 1 124. 519 Cremona (1997) 43-44.

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The other major change was that women became entitled to vote. This was part of the introduction of universal suffrage on the equalitarian principle respecting all persons.520 In the terms of the operative UK Aliens Act, a Malta-born and naturalised British subject above 21 years of age was entitled to vote in general elections.521 The electoral machinery was left to be regulated by Ordinance XIX 1939.522 Now, by giving the right to vote to 140,700523 (out of a population of 307,000),524 a wider electorate was recognised. The restoration of self-government, with universal suffrage, coincided with the debates in the United Nations General Assembly which led to the adoption of the Universal Declaration of Human Rights.525 Under the 1947 Constitution, the legislature proceeded in general by simple majority, the Speaker having a casting vote.526 By the votes of 27 or two-thirds of its members, the Legislative Assembly was empowered to alter or revoke certain sections of the Constitution itself. However, that power did not extend to the language provision. Maltese and English were entrenched as official languages of the legislature and legislation. As with the ‘Maltese Imperial Government’, the 1921 institutions were re-established. The Nominated Council was recomposed of the Lieutenant Governor, the British Services delegates and the Legal Secretary to the Governor. The Executive Council was made up of the Governor and Ministers, including the Head of the Ministry (or popularly the ‘Prime Minister’). The Privy Council, or the Executive and Nominated Councils in joint meetings, was reconstituted.527 The Governor was re-empowered to legislate ‘for the peace, order and good government of Malta’. Constitutionally, he was bound to do so within the general limitations as expressed by the listed reserved matters.528 It also

520 LPRG (1947), Arts 5, 13, 25 and 46. 521 11&12, Geo 6, ch56. 522 See 37. 523 ER (1947) in MGG 9566, 30.vi.1947, Suppl.lvii. 524 Census (1948) 1. 525 See 89. 526 LPRG (1947) Arts 22, 25 and 27. 527 LPG (1947) Arts 10-11 and 14. 528 LPG (1947) Art 22.

72 restoration meant that he would not interfere in the independence of the judiciary, which State organ now regularly followed English jurisprudence.529 In terms of the 1947 Constitution, London retained the power to extend the effects of UK Parliament Acts by express provision, and for the first time assumed the right to issue Orders-in- Council to make enabling legislation for securing public safety, more specifically for providing supplies and services in ‘public emergencies’.530 In 1947, London was in a position to draft a less controversial Constitution because prolonged and thorny questions, primarily the pari passu (the simultaneous teaching of English and Italian in education) issue, were dead and buried. As Maltese Imperial Government items, it did not list broadcasting, a service it re-entrusted to the Rediffusion Co.,531 and petroleum search.532 Nevertheless, it could not avoid drawing a very smudgy and contentious demarcation between the two diarchical governments. London expressly re-classified the subjects of labour and employment as ‘transferred items’ but reserved once again ‘lands, buildings, docks … and ancillary matters’, including workers like those who were employees within the Admiralty-managed Dockyard. London re-considered wireless telegraphy a military object.533 In general, however, the formulation of legislative measures to rehabilitate Malta from the ravages of the war was devolved on the local political and administrative bodies. Governor Sir Francis Douglas (1947-1949) announced the first post-war general elections for 25/27 October 1947. The political contenders were534 the MLP under the leadership of Dr Boffa, the PN led by Dr Mizzi, the Democratic Action Party headed by Professor Joseph Hyzler, and two exclusively Gozitan parties,

529 Ganado (1991) 260. 530 LPRG (1947) Arts 59-60. 531 Sacco (1985/2) 81. 532 NARMLGO-3804/1944. 533 Cremona (1963) 52-53. 534 MGG 9598, 16.ix.1947.

73 constitutions and legislation in malta namely the Gozo Party (GP) of Dr Francesco Masini and the Henry Jones’ Party (JP).535 The MLP came out with a manifesto, which was socialist from title page to colophon and based on the welfare state concept. It proposed legislation to introduce compulsory and technical education, and an old age pension without contributions from either employer or employee. It also promised to amend the rent regulation laws (1931–1944) to protect clubs.536 In this connection it had especially in mind the philharmonic bands and benefit societies. Traditionally, the former were the shop-windows of political parties and the historical driving force of public lotto, whilst the latter were the precursors of trade unions and providers of relief to the poor. Owners were inflating the value of unprotected leases of such clubs owing to the post-war cost of living rise.537 The musical element behind politics was genuine. The MLP was motivated by a group of individuals who had decided to form a Malta Band Clubs Association to promote music on a national scale.538 Forming part of the MLP, there was a leading entrepreneur from Ħamrun, Ġużè Schembri, who built a new Opera House in his hometown as a substitute for the war- devastated Royal Theatre in Valletta.539 The MLP considered two GWU proposals imperative. These were industrialisation to provide for badly needed jobs as an alternative to military-dependent employment,540 and Whitleyism, which stood for arbitration machinery within the private or industrial sector.541 As the pivot of its reconstruction and infrastructural programme, the MLP also promised the introduction of a national health scheme, the nationalisation of public transport, re-housing, the building of a modern power

535 See 18 and Vol 1 62, 63, 164. 536 See 55 and Vol 2 216. 537 Ganado (1977) v3, 163 and 276-280. 538 Mifsud Bonnici (1956) 8, on the formation of the Association. 539 Miceli 10-11. 540 Anon (1972) 104-105. 541 See 63.

74 restoration station, the systematisation of automatic telephony and a renovation of drainage and irrigation.542 The MLP renewed its 1921 promise to introduce income tax as a financial means to fulfil its commitment toward a consolidation of the welfare state,543 and suggested mass emigration as a safety valve to overpopulation.544 Finally, it declared its adherence to the teachings of the Roman Catholic Church.545 Although traditional values concerning the woman’s economic role had begun to change in the last 20 years, the local Church’s influence on the family and procreation was too strong to suggest birth control or other alternative.546 The PN also promised several social measures, varying from mass emigration schemes to increase employment opportunities abroad, to the promotion of tourism.547 It promised to improve the workings of a number of labour systems such as health insurance, contributory old age pension, and the revision of work conditions of policemen. However, as in 1932,548 it centred its electoral programme on its aspiration for Dominion status without excluding the possibility of an Anglo-Maltese agreement to safeguard certain legitimate imperial interests.549 The DAP’s platform focused on school building, the expansion of technical education, and organised mass emigration. But it re-affirmed its combined loyalty to the British Crown and the Roman Catholic religion.550 It also urged the re-institution of the Senate, an electoral move that testified to its aristocratic element. Notwithstanding the fact that it was formed with an anti-fiscal outcry, it was also for taxation on a scientific basis.551 As for the Gozitan parties, it was after the community of farmers had elected him President of the first cooperative society under

542 Pirotta (1987) 101. 543 See Vol 1 166. 544 (1997) 19-20. 545 TD, 15.x.1947. 546 LIS, 11.v.1946. 547 Anon (1972) 82-84. 548 See Vol 1 217. 549 P, 27.ix.1947. 550 TN, 17.ix.1947. 551 TB, 5.iv.1947.

75 constitutions and legislation in malta

Ordinance XXXIV (1946) that Mr Jones launched the JP.552 It existed to champion the rights of Gozo and the Gozitans, better facilities for the agricultural and fishing industries, school building, and the general installation of electricity.553 Lastly, the GP stressed agricultural and medical improvements.554 By admitting a woman into their respective bandwagons, the MLP and DAP each tried to capitalise on the female vote.555 Even though their perspectives on income tax made them oceans apart, the MLP and PN were the closest in terms of electoral proposals. The GWU openly and unanimously expressed its readiness to back the MLP-proposed measures, and renewed its ‘Labour Front’.556 Dr Giorgio Borg Olivier and a group of young but prominent advocates made concerted efforts and published a heavily Italianised Maltese weekly, Patria, to resuscitate the PN from the moribund state into which it had fallen during the war owing to its lingual and cultural links with Italy.557 Dr Borg Olivier had to give a new image to the party while keeping loyal to his repatriated leader Dr Mizzi. Together with older legal colleagues, including Sir George Borg in a University General Council meeting,558 Dr Mizzi called unsuccessfully for a legislative re-instatement of Italian as a compulsory subject of secondary education.559 The DAP claimed that the MLP was ‘Communist’ and referred to its associations with the Fabian Society, strongly alluding to Mr Mintoff, whose fine academic career combined with charisma and obstreperousness had already given him a strong popular profile.560 The Strickland-owned newspapers showed a marked bias for the imperialist DAP as much as they opposed, by writings and cartoons, the ‘pro-Italian’ PN and the MLP for

552 See 63, 64. 553 PJ, 8.x.1947. 554 LGh, 28.vi.1947. 555 Sacco (1985/1) 142. 556 TT, 8.viii.1947. 557 Ungaro 315-320. 558 Mercieca (1969) 350-351. 559 See P, 2.viii.1947 et seq. 560 TN, 25.x.1947.

76 restoration their proposal for introducing old age pension and other socialist measures.561 In the election the MLP registered a landslide victory, garnering over 63,000 votes equivalent to 24 seats. It almost polled 60% of the overall number cast and 43% more than their archrival PN, who won only 7 seats. The DAP got four, while the GP had three and the JP two. Along with established politicians like Dr Ġużè Pace and Dr Filippo Apap Bologna (DAP) and a few new faces such as Dr Anton Schembri Adami MD (MLP), the leaders of the contesting parties were returned.562 Even though the PN electoral programme was also welfare-orientated, the GWU support proved advantageous to the MLP.563 Personally, like the slowly but steadily emergent Dr Borg Olivier, Dr Mizzi fared well in the elections. Yet owing to his unabated persistence in seeking to Italianise Malta when the war with Italy was still vivid, Dr Mizzi contributed in part to the MLP victory.564 Automatically, Dr Boffa became Prime Minister of the country as the winning party’s leader, reaching the apex of his career. The energetic and charismatic young Mr Mintoff polled the highest amount of votes. He immediately assumed the responsibility of the Works and Reconstruction Department to devote all his time and energy to the rebuilding of Malta.565 Mr Mintoff was even elected deputy leader in a secret vote, easily ahead of Dr Colombo,566 who was also returned from two districts and given the Ministry for Finance.567 The MLP had an absolute majority (24:16), the second party since 1921 to be able to assure itself of control over the legislative process of the Maltese Government. Certainly, it was the best prepared to resume the re-housing of homeless families in re- built war-devastated or slum areas, and the re-organisation of mass emigration to English-speaking countries for alleviating

561 Pirotta (1987) 106. 562 Schiavone (1992) 173-177. 563 Blouet 214-215. 564 Pirotta (1987) 107-109. 565 TTM, 7.ix.1948. 566 Anon (1971), 110. 567 MGG 9616, 7.xi.1947.

77 constitutions and legislation in malta employment and demographic problems. It was also the most ready to face the post-war acute problems. The country faced a complex of troubles - the slow pace of reconstruction, the soaring cost of living, decline in living standards, rising unemployment, galloping inflation and overpopulation.568 The MLP was committed to expand the limited social services under distressing socio-economic conditions. It had to expect opposition and awaited the onslaught of political and military groups within both sides of the diarchy. Like all other political and non-political formations, the MLP claimed that Britain ought to shoulder greater responsibility for Malta’s economic recovery. It argued that in recompense for the Maltese people’s heroic participation in the war, the imperial coloniser owed to Malta much more than the £20,000,000 subvention and the war damage costs paid two years earlier.569 However, on account of its taxation programme for the purpose of providing reconstruction revenue, the MLP was bound to meet with widespread political opposition within the Maltese Government.570 Concurrently, it had to think of improving the rights of workers. While creating jobs through its mammoth projects of reconstruction and industrialisation, there was the fear that the British services, especially the Admiralty, the largest employer, might return to post-war mass discharges from the Dockyard as in 1918.571 By undertaking the enactment of labour legislation, a ‘transferred matter’, in relation to the Admiralty and British services who considered their employment of Maltese workers a ‘reserved matter’, the MLP in government risked clashes of jurisdiction as the UPM-PN in 1921-1927.572

568 Pirotta (1987) 111. 569 See 64. 570 Ganado (1977), v3, 289-290. 571 See Vol 1 90. 572 See Vol 1 123, 157, 169, 172 regarding employment legislation.

78 restoration

10.1. THE WELFARE STATE

The first term under restored self-government witnesses the MLP in government enjoying an absolute majority and dominating the law-making process notwithstanding the tensions which ultimately lead to the split and the crisis of 1950. The period is one of frenetic legislative activity. Many statutes are enacted to render the country’s legal system more socialist, based on the welfare state concept. Old age pension and income tax are implemented.

On 11 November 1947, the Duke of Gloucester inaugurated the first post-war self-government, and indeed the first MLP government.573 In the Speech from the Throne, with uncomplimentary allusions to the still colonially regulated civil service,574 Governor Sir Francis Douglas recited the government’s intention to implement a welfare state programme on the strength of new fiscal measures.575 From the very outset, by pushing a statute through the Legislative Assembly to create a department of labour and social services (Act III 1947),576 the MLP revealed that it attached primary importance to these sectors.577 It also enacted Act IV (1948) to provide for supplies and services essential for the life of the community, including matters concerning the fishing industry,578 Act V (1947) to perpetuate the effects of the Rent Restriction Ordinance (1944),579 and Act VI (1947) to incorporate the terms of the UK Infanticide Act (1938)580 into the Maltese Criminal Code (1854).581 Without doubt, the MLP programme of social and financial/fiscal legislation required some months

573 MGG 9617, 11.xi.1947. 574 Ganado (1977) v3, 295. 575 PDLA, 26.i.1948. 576 NARMLGO-84/1947. 577 PDLA, 11.xi.1947. 578 NARMLGO-87/1947. 579 NARMLGO-99/1947. 580 See 54. 581 NARMLGO-4450/1944.

79 constitutions and legislation in malta of drafting and paperwork. Furthermore, measures such as old age pension, industrial arbitration and the automatic re-letting of club premises also needed a substantial amount of revenue to implement. It was possible to gather through adjustments of succession and donation duty, and by introducing income tax and a national lottery.582 From the very first session coinciding with a period of war- generated siege mentality, the MLP faced fierce criticism from rivals, especially for restructuring the fiscal system to implement income tax. Mainly, it received criticism from its political or ideological rivals the PN, but also from the Church. New and emergent groups like the Malta Band Clubs Association were formed to see to the protection of philharmonic societies. Many of such groups occupied premises on pre-1925 leases, that is of a period before the year when the automatic re-letting of leases was introduced by an enactment of the local, responsible legislature.583 One of the first Labour enactments was the Census Act,584 Act II of 1948, modelled on a West Indian law of 1945.585 The Act was the usual London-instructed population census, taken at the beginning of each decade. In 1941 it had been deferred by the war.586 Therefore, the last census had been held almost 18 years before.587 To the local Church’s dislike,588 through increased contacts with the outside world in the inter-war period, Malta had seen many changes in its orthodox lifestyles in the intervening period. These changes, bound to increase further with the opening of a new airfield at , regular Malta-London airline flights and mass tourism, were reflected in the Census.589 More unexpectedly than not, the Women of Malta Association, representatives of a group that had in the past found support from labour movements in matters concerning

582 See 83, 84, 85, 86, 87, 88, 89. 583 See Vol 1 156 re the introduction of automatic renewal of leases. 584 MGG 9652, 2.iii.1948. 585 NARMLGO-275/1948. 586 NARMLGO-275/1948. 587 See Vol 1 214. 588 Spiteri (1997) 236. 589 NARMLGO-511/1947.

80 restoration economic emancipation and social development, made a harsh attack against the Census Act. The MLP moved the relevant Bill in the Legislative Assembly in February 1948. For the first time, the economic conditions of the Maltese population were included.590 The Association of Women argued that by entitling enumerators to question their wealth, the privacy and sanctity of their family was being threatened.591 The Association was harsher than Dr Mizzi, who said that the census should be ‘impartial and dispassionate … with regard to language’.592 It was in the same month of February 1948 that the PN and the local Church opened their fusillade against the MLP’s legislative programme. The MLP embarked on a bill to widen the current levels of succession and donation duties, and introduce a scale rising up to 60% on estates exceeding £1,000,000 in value.593 The PN contended that, before resorting to taxation, the government should have claimed a reimbursement of £3,000,000 in war expenditure costs from Britain.594 Under the editorship of the profoundly Catholic lawyer and war internee Dr Herbert Ganado,595 the Church newspaper Leħen is-Sewwa criticised the potential imposition of income tax as a means of ‘recouping power’. Dr Ganado said that the existence of succession and donation duties was already in itself an over- excessive burden.596 Archbishop Gonzi contended that the rates of these duties were ‘exaggerated’ and ought to be cut down.597 He thus made a rather unwarranted interference in a completely secular affair.598 Probably, he failed to discern the current economic difficulties.599 Indeed, he was already at odds with the MLP but at the time he also raised suspicions, surely unfounded, that Mr Mintoff was

590 MGG 9647, 13.ii.1948. 591 TTM, 27.ii.1948. 592 PDLA, 19.ii.1946. 593 MGG 9649, 20.ii.1948. 594 TTM, 19.ii.1948. 595 See 42. 596 Ganado (1984), v1, 348-352. 597 LIS, 10.iii.1948. 598 Pirotta (1987) 149. 599 Ganado (1977) v3, 189.

81 constitutions and legislation in malta behind the infiltration of Communism in Malta.600 The local Church had opposed the original Succession and Donation Duties Ordinance (1918)601 and eventual amendments in 1937, and had always been exempted.602 The MLP was forced to compromise in relation to the size of families603 (Act VII 1948).604 It had to make such a retreat, because the political opponents, especially the Church, were raged against the other fiscal laws forming part of its welfare state programme.605 Among its priorities, the MLP had to include a statute to re- establish a system of treasury and audit that would be compatible with a self-government administration. Before it could present its first estimates, it had to repeal Ordinance XXXIV (1937) that had abrogated the first self-government financial administration system.606 Therefore, it passed Act IX (1948), which followed closely the 1926 enactment607 but additionally provided for the security of tenure, rights and duties of the Auditor.608 On 25 May 1948, on submitting the first estimates of his government, Dr Arthur Colombo announced that he would soon bring in a number of long-promised legislative provisions of a social and industrial character. It was a package consisting of a non-contributory old age pension, a national health scheme, and an industrial or private arbitration together with the necessary revenue-collecting income and surtax scheme, and a national lottery. However, he did not hide the fact that the Cabinet disagreed on several matters in regard to the social and fiscal proposals, especially on the attitude to take in the case of a reaction from outside groups and persons.609 Dr Colombo disagreed with Mr Mintoff on economic grounds, considering it premature to bring forward the long-awaited bill

600 PDLA, 17.v.1948. 601 See Vol 185, 86, 87. 602 See 30. 603 PDLA, 11.iii.1948. 604 NARMLGO-304/1948. 605 Pirotta (1987) 118. 606 See 30. 607 See Vol 1 167. 608 NARMLGO-344/1948. 609 PDLA, 25.v.1948.

82 restoration to introduce, on the basis of the Consolidated Revenue Fund,610 an old age pension of 12 shillings per week for the benefit of all Maltese persons over 60 years of age who earned less than 10 shillings a week.611 On 31 May 1948, while Dr Colombo moved his favourite bill to establish another system concerning the morally debatable but financially profitable regime of gaming and betting (a National Lottery Bill), in his place Dr Antonio Schembri Adami, as new Minister for Health, introduced the Old Age Pension Bill.612 Major Frederick E Amato Gauci, a leading civil servant and International Labour Organisation expert who had studied social services in England, was responsible for drafting that Bill.613 In the electoral campaign, the PN had proposed the legislative implementation of contributory old age pensions. It was convinced that the MLP-proposed scheme was beyond the financial means of the country.614 The PN took the middle line and abstained from voting against the bill ‘in homage to the principle, which the party viewed wholeheartedly’.615 In contrast, the Strickland newspapers, opposed as ever to direct taxation, attacked every aspect of the measure. The ex-CP daily The Times (of Malta) said that such a social measure, undoubtedly of great importance in the history of social relief and welfare, was ‘an open invitation not to work and not to save’.616 Il-Berqa added that old age pension was a State service only in ‘industrialised countries such as Australia, New Zealand and ’.617 On 12 July 1948, the MLP passed the Old Age Pension Act, Act XXV of the year.618 Meanwhile Dr Colombo’s National Lottery Bill was still being discussed. Dr Colombo indicated that he had had

610 Anon (1972) 114. 611 NARMLGO-441/1948. 612 PDLA, 31.v.1948. 613 Ellul Galea (1982) 284-289. 614 P, 5.vi.1948. 615 PDLA, 2.vii.1948. 616 TTM 7.vi.1948. 617 B, 7.vi.1948. 618 PDLA, 12.vii.1948.

83 constitutions and legislation in malta no models in the British legal system because the UK Betting and Lotteries Act (1934) had prohibited lotto of any kind.619 He mentioned how difficult it had been for him to draft the National Lottery Bill. One obstacle was that the Colonial Office prohibited the payment winnings in US dollars. The Minister for Finance also disclosed that he had framed the National Lottery Bill with the Attorney General Dr Galea on the model of the local Public Lotto Act (1923).620 In 1923, the UPM and Opposition had both been divided on the introduction of public lotto. But they had ultimately passed the measure, and had thus laid the foundations to a future legislative expansion of the system, owing to its lucrative results.621 On 18 July 1948, therefore, there were no ‘moral’ issues to hinder politically the MLP from enacting the National Lottery Act, Act XXVI (1948).622 Rather, the DPA expressed the hope that if the measure proved successful, it would not be necessary to introduce income tax.623 After ensuring that no tickets would find their way into the United Kingdom, London approved Act XXVI along with the Old Age Pensions Act.624 Incidentally, it was while the MLP discussed the old age pension and national lottery measures in Cabinet,625 that Mr Mintoff quarrelled with Dr Boffa after he had been told by the latter to stop defending himself against Opposition insinuations that he (Mintoff) had ‘Communist connections’.626 The MLP next turned to industry and industrialisation. It started with a bill to lessen duties on the export and import of industrial machinery and relative accessories, with a view to encouraging industrialists. That bill was immediately passed as Act XXXVII (1948).627 On the basis of the report of the 1945 Board,628

619 24&25 Geo 5, ch56. 620 PDLA, 28.vi.1948. 621 See Vol 1 128, 129, 134, 145. 622 MGG 9695, 16.vii.1948. 623 PDLA, 2.vii.1948. 624 NARMLGO-442/1948. 625 Pirotta (1987) 149-153. 626 TTM, 6.vii.1948. 627 NARMLGO-456/1948. 628 See 61, 63.

84 restoration it then brought forward the other long-standing landmark bill to establish an industrial conciliation and arbitration tribunal for settling trade disputes.629 Unlike the UPM (or PN) under the first self-government, the MLP had the advantage of knowing from the precedent of the Military Training Ordinance of 1928, the consequences that could arise from the proposed arbitration and conciliation machinery involving the British services.630 There was the risk that if it extended the effects of the measure to the British services, it would clash with the Maltese Imperial Government.631 Employment was a transferred item within the jurisdiction of the Admiralty because of the constitutional clause reserving ‘docks and harbours … for naval, military and air forces purposes’.632 On the other hand, if the civil service employees who were subject to the Public Service Commission (1938) were included, then it would risk exposing itself to judicial reversal.633 Under the measure, which it enacted as Act XXXVIII (1948), the MLP exempted both the military and civil service departments.634 Concurrently, trade unions on behalf of workers were given representation in contractual and judicial matters with a significant boost to their power.635 In other words, while restricting the compulsory application of the Whitley machinery to the private sector within the Maltese Government,636 the MLP extended conciliation and arbitration to the Maltese Imperial Government only on a voluntary basis.637 Mr Reggie Miller and his union opined that the British services ought to accept Whitleyism in Malta in line with the UK Industrial Courts Act of 1919.638 Under the latter British enactment, only servicemen had been barred from taking a

629 MGG 9699, 27.vii.1948. 630 See Vol 1 166, 167, 168, 169, 170. 631 See LHRPLLA 1951-53, dos 132. 632 See 71. 633 NARMLGO-513/1938. 634 Attard (1984) 17-18. 635 Micallef Stafrace (1996) 123-124. 636 NARMLGO-545/1948. 637 NARMD-Creech Jones/Douglas 22.x.1948. 638 9&10 Geo 5, ch69.

85 constitutions and legislation in malta dispute to arbitration.639 Coinciding with the enactment of the Arbitration and Conciliation Act, Mr Miller led the GWU to agree with the Admiralty to set up an arbitration tribunal, the Doughty tribunal, to settle a potential head-on confrontation with the largest employer on new wage rates for Dockyard workers.640 On 11 September 1948, Dr Mizzi declared that although his party was against income tax, it did favour equitable taxation. He said that income tax would galvanise further the British services and the Empire into maintaining their stronghold on Malta and block industrialisation to their advantage. Dr Mizzi opposed income tax despite the MLP might intend to apply such a measure, a transferred matter, to the British services personnel.641 In fact, Dr Mizzi was unaware that with the assistance of Governor Douglas, the MLP had entered into discussions with the Colonial Officers and the British Inland Revenue Department to find ways and means to convince the War Department to accept the inclusion of the British services personnel as income tax payers.642 Probably, the PN leader was misled by the government’s exclusion of the British services from the parameters of conciliation and arbitration. London did collaborate with the Maltese government on a quid pro quo basis whenever the latter appealed for financial contributions. Otherwise, it would take drastic measures to the extent of approving the mass reduction of workers from the British services based in Malta.643 The Colonial Office failed to convince the War Office to accept the MLP proposal to subject the Malta-based British services personnel in Malta to income tax.644 Nevertheless, the MLP published a Bill to introduce income tax based on the progressive system, including a surtax of 10 shillings in the pound (50%) on the same tax, and with a list of incomes exempted from the payment of the tax. The list included the official emoluments of

639 TT, 5.viii.1948. 640 TTM, 8.xi.1948. 641 PDLA, 11.ix.1948. 642 NARMLGO-663/1948. 643 NARMD-Creech Jones/Douglas 4.x.1948. 644 Pirotta (1987) 120.

86 restoration the Governor and ‘professional’ permanent consuls, but not the wages of the British services personnel.645 Although defence policy was reserved and outside self- government jurisdiction, Arthur Creech Jones, ex-Labour politician and now Colonial Secretary of State, admitted that the imperial garrison in Malta could not be treated as though it was ‘a race apart’.646 London did not support the British services’ argument that the Maltese Government could not legislate on a transferred matter touching the jurisdiction of the Maltese Imperial Government.647 Dr Mizzi reacted differently once he learned about the MLP’s decision to tax the servicemen. Still, he said that Dr Colombo had been animated by an anti-social prejudice of ‘class against class’ in using a progressive system of taxation.648 The British services themselves in their objection to income tax went beyond the reaction of other internal interested bodies such as the Chamber of Commerce. Among the traditionally most powerful local entities, it was once again the Roman Catholic Church that made the exception. The MLP was threatened by Archbishop Gonzi that if it did not reduce the proposed ‘anti-Catholic’ surtax of 10s to 9s 6d, he would publicly condemn the Cabinet.649 In Mintoff’s own words, the MLP had to expect a ‘natural reaction’ from the ‘privileged classes’ against the fiscal measure. But Dr Boffa and his party had never expected that the Archbishop would make such retaliation.650 By including the Archbishop’s emoluments within the list of exemptions, the centrist Prime Minister and the extremist-turned-moderate Dr Colombo as well as the radical Mr Mintoff sought to appease Archbishop Gonzi.651 The country’s spiritual leader and the Church emerged stronger,

645 MGG 9721, 20.ix.1948, Suppl.cxvi. 646 NARMLGO-57/1948. 647 NARMLGO-663/1948. 648 PDLA, 11.ix.1948. 649 Koster 137. 650 Mintoff (1961) 4. 651 Sacco (1985/1) 151.

87 constitutions and legislation in malta but they further strained their already weak relations with Mr Mintoff. In truth, the MLP ‘parliamentary group’ was not unanimous as to the introduction of income tax. The measure that re-fuelled the intra-party feud that proceeded in the Legislative Assembly, with deputy Gerald Cassar (MLP) abstaining from voting against DAP amendment to the proposed Income Tax Bill.652 The Income Tax Act, Act LIV (1948), which the Attorney General Dr Louis Galea had modelled on Cypriot and Palestine legislation, was passed just before the end of the year with effects extending to the Malta-based British services personnel.653 Going strictly by the terms of the enactment and government policy, the Commissioner of Inland Revenue who was entrusted with the modus operandi of the enactment, immediately brought the system to bear.654 He was confronted with vigorous opposition from the French permanent consul de carrière, who refused to return extra-diplomatic emoluments on the basis of the 1939 Macdonald despatch. Such a despatch had recommended the exemption of consular salaries from income tax, but had not been implemented in Malta.655

10.2. DECLINE

The second part of the first term lasting less than three years, from 1947 to 1950, is dominated by an internal friction within the MLP. Legislative activity slows down. Following a MLP split, the MWP assumes the reins of government with a relative majority within the law-making body. However, the MWP finds it impossible to make a coalition with one of the minor Opposition parties to be able to pass legislation. A considerable decline in the enactment of statutes characterises the remaining months. An early

652 PDLA, 12.xi.1948. 653 MGG 9799, 14.xii.1946. 654 NARMLGO-663/1938. 655 See 41.

88 restoration downfall of the government follows from lack of legislative cooperation.

In 1948, by passing a dozen Acts and over 50 Amendments, 63 enactments in all, the MLP rendered the statute book substantially more socialist and welfare-oriented. While a historical event occurred in international law consisting in the United Nations’ Universal Declaration of Human Rights and Fundamental Freedoms,656 in Malta the MLP set a legislative record in terms of welfare state legislation. The MLP was not prepared to rest on its laurels. It was faced by the most acute problem of the time, housing. Legislative measures were needed to facilitate the fair distribution of living accommodation, including a system of requisition of private properties. The MLP government had already courageously albeit insufficiently cleared several war-devastated buildings and slum areas, including the squalid Mandraġġ in Valletta.657 In such depressed areas, it had already reconstructed around 4,000 units for homeless families.658 However, the MLP still had a long way from meeting the excess of demand over supply. In 1948, while reconfirming the iure imperii/gestionis distinction,659 in an administrative law case, the Court of Appeal revealed in a judgment of Chief Justice Sir George Borg that many contractors had missed deadlines in reconstruction contracts.660 No doubt that the MLP would have fallen further behind its targets but for the dynamic, indefatigable and polemicist Mintoff. His efforts on this front built up for him a wide following at the grassroots. In his Cottonera home district, loyalty to him reached the pitch of ‘personality cult’.661 Subject to extensions of three years according to Legislative Assembly resolutions, the MLP opted for a Housing Bill of biennial effects. But it advised the Attorney General Dr Galea

656 NARMOPM-541/1948. 657 LIS, 4.xii.1948. 658 PDLA, 29.xi.1948. 659 See 18 and Vol 1 61, 62, 164. 660 ACJVCOA, Cilia v Cuschieri 12.xi.1948. 661 Pirotta (1987) 153.

89 constitutions and legislation in malta to omit an exemption clause relating to the Maltese Imperial Government to avoid ‘the attention of the Opposition in the Legislative Assembly’.662 The MLP sought to re-extend the effects of other financially burdensome legislation to the Maltese Imperial Government, more obviously because it persisted in the belief that the military bases had to pay their share in Malta’s reconstruction and industrialisation. Large and heavy factories were programmed in addition to the existing monopoly-based small manufactories.663 On 14 January 1949, the GWU won the Doughty tribunal case and obtained a substantial wage increase in favour of the Maltese Dockyard workers. But its victory in court was strictly a trade-union one.664 The MLP was erroneous in thinking that the Admiralty-appointed Doughty tribunal had endorsed its attitude towards the British services department. It enacted the Housing Bill as Act II (1949). The Legal Secretary reported that the Act did not exclude military-held properties falling under the reserved matters, and that it was therefore ultra vires. The Colonial Office, which considered the Doughty award an added burden to its financial stringency,665 deferred sine die the measure’s approval.666 In 1949, in the face of internal trouble667 and a tense financial situation, the MLP government passed several amendments to the fiscal regime to increase revenue and implement its social projects.668 Strong opposition came from the medical profession, including practitioners within the party.669 Dr Schembri Adami was made to withdraw a bill to introduce a national health service and a system of contributory insurance,670 a measure which he

662 NARMLGO-251/1949. 663 See Ganado (1977) v3, 427 passim. 664 TTM, 13.i.1949. 665 Mintoff (1950) 33-34. 666 NARMLGO-251/1949. 667 Ellul Galea (1982) 290-294. 668 TD, 13.iv.1949. 669 See CEGIntr. 670 Sacco (1985/1) 153.

90 restoration had drafted with the assistance of GWU co-founder Karmenu Ellul Galea on the basis of English law.671 The MLP looked at Britain for investment, and even offered Malta to UK institutions for financial services. For instance, it granted leave to Barclays Bank to open the first branch and initiate the post-war banking expansion when the local banking system still cried out for legislative organisation.672 In June 1949, Mr Mintoff submitted to a Colonial Conference in London that his government should have a share in the European Recovery Programme, the ‘Marshall Aid’. The US had resolved to extend Marshall Aid to war-engaged countries, including Britain, on the plan of the American Secretary of State George Marshall.673 The MLP deputy leader particularly mentioned £2,000,000 needed to finance a concrete factory and a new electricity power station with a view to industrialisation.674 However, Creech Jones ruled out Malta as a Marshall Aid beneficiary on the grounds that ‘a British Parliament Act would be required that was unlikely’.675 Following the Doughty award, Creech Jones had one reply in store: another rundown discharge of 1,500 Maltese Dockyard workers, for whom alternative jobs were limited to the building industry.676 London refused to give financial assistance to the MLP which concentrated on reconstruction but gave certain importance to the general organisation of the building industry and the diversification of industry at large. The existing small manufactories still tended to exploit not only workers but also public and material resources. For example, building contractors took sand from the scanty beaches to use it for concrete,677 evoking the inter-war soil story.678 So, the MLP, with the agreement of the Opposition in principle, enacted a

671 See CEGIntr. 672 Consiglio 542. 673 Anon (1972) 115-116. 674 Pirotta (1987) 137-138. 675 See PDLA, 12.ix.1949. 676 Mintoff (1950) 32-38. 677 See GCIntr. 678 See 16, 17, 18.

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Sand Preservation Act, Act XVI, as a remedy for sand taking during reconstruction.679 In July 1949, Mr Mintoff drafted an ultimatum letter to the effect that if Britain persisted in refusing to grant more financial aid to Malta,680 a referendum would be held to decide whether the country should be offered as a military base to any other country willing to reciprocate with economic assistance.681 In a typical exercise of brinkmanship, he was ready to offer Malta as a base to the US as the superpower, which together with Canada, Britain and other 11 European countries formed the North Atlantic Treaty Organisation (NATO) for collective security.682 The MLP deputy leader was thus to provide London with an opportunity to accelerate a split within his party’s upper echelons. At first, Dr Boffa and the Cabinet agreed to sign the ultimatum letter subject to modifications.683 But then they decided to withdraw Mr Mintoff’s ultimatum letter on the insistence of Creech Jones.684 On his part, after getting the credit for requesting Britain to get financial assistance, Mr Mintoff first tendered his resignation as Minister for Reconstruction, and then led an intense campaign, including several public meetings, to oust Dr Boffa.685 On 9 October 1949, Mr Mintoff contested the leadership in the party’s general assembly and succeeded in defeating Dr Boffa after two votes.686 The next day the MLP saw its absolute majority of 24 members in the Legislative Assembly shatter as 14 deputies, including Dr Colombo and legal procurator Gerald Cassar, joined Dr Boffa, while only the remaining 10 allied with Mr Mintoff.687 Dr Boffa became the leader of a new political formation, the Malta Workers Party (MWP). Conversely, Mr Mintoff became the MLP

679 NARMLGO-418/1949. 680 LHRPLLA, 1949-50, dos 428. 681 See Col 253, 15 for text. 682 Cannon 672 on NATO’s formation. 683 PDLA, 9.ix.1949. 684 See PDLA, 12.ix.1949 and 13.ix.1949. 685 Mintoff (1949) 53. 686 Anon (1971), 124-128. 687 TTM, 12.x.1949.

92 restoration and largest Opposition leader.688 Arithmetically, the MWP had to retain the support of the peripheral groups in order to remain in government and avoid legislative hindrances, although its 14 members made it the largest party. While adopting a policy of financial retrenchment to cope with a worsening economy, the MWP tried its utmost to prevent the new Governor Sir (1949-54) from announcing an early election. Unfortunately, it failed to conclude important financial dealings with London. This was despite Britain’s making remarkable steps in a peaceful decolonisation process, conferring even the status of Republic on India within the Commonwealth.689 ‘Imperial interests’ in Malta were as vital as they were in 1921 because of NATO.690 Yet the MWP unsuccessfully requested London to contribute food subsidies to keep the country economically stable, if not viable.691 Britain granted Malta only £35,000 in the form of a Colonial Development and Welfare Scheme specifically for the introduction of an industrial training regime over a period of six years.692 By granting lands in Floriana to the Church to build a Catholic Institute, the MWP also sought to please Archbishop Gonzi on the occasion of the ‘Holy Year’, which was 1950.693 Moreover, already in the first session of 1949-40, in order to enact a few additional but needed statutes to get the sympathy of interests groups, the MWP was ready to make concessions to the DPA and GP at the risk of being blackmailed by such parties.694 However, it once again fell short of implementing the projected and legislative proposals, passing only 15 Acts in the first session. The MWP published, moved, but did not succeed in passing an amendment to the Post Office Act (1924) to include ‘Communist writings under political subversive ’.695 Even though it was ready to exclude furnished flats from controls to encourage

688 Pirotta (1987) 179-182. 689 Lowe 585-606. 690 See NARMD-Lyttelton/Creasy 19.ix.1953. 691 Pirotta (1987) 189-192. 692 NARMLGO-259/1952. 693 Ganado (1977) v3, 370-371. 694 Cf MGG Suppl.1950 and 1950-51. 695 MGG 9815, 28.vii.1949 Suppl.lxxxii.

93 constitutions and legislation in malta landlords to erect such accommodations,696 it completely failed to pass a new draft statute to control rent of urban property, expressly including clubs.697 The MWP found it easy to enact legislation only in instances involving bills of international and apolitical character. Among the few enacted statutes, there was Act V of 1950698 to grant legal capacity in Malta to the UN organisation and its officials in conformity with a UN Convention on Privileges and Immunities.699 On 1 May 1950, the MWP had to retract another bill to establish a central office of statistics700 The DAP mistrusted its promise that private information and trade secrets would be protected.701 The MWP retaliated by enacting a bill to disentail the remaining entailed property or lands held in vinculum, Act XII 1950, which it passed with the votes of all the Opposition parties save the strenuously opposed DAP. The DAP, which had originated in the residence of a leading Marquis, Jerome de Piro, was partly composed of politicians of noble extraction and enjoyed wide support among the aristocratic families.702 The PN and MLP agreed that the proposed Disentailment Bill was ‘without party issue’ because property had to be left in ‘free commerce’. On the other side, like Mr Francesco Azzopardi in 1919 regarding the bequest of Marquis Vincenzo Bugeja,703 Dr Filippo Apap Bologna (DAP) argued that a legislator was incompetent to pass a law to revoke wholly or partly a testamentary disposition.704 The DAP opined that the proposed Bill was ‘unjust’ in principle.705 So, in a few weeks’ time, the DAP took its revenge on the MWP, when the latter moved the first estimates for 1950-51. The MWP was forced to prepare a very austere budget on the lines proposed

696 PDLA, 21.xi.1949. 697 MGG 9853, 18.x.1949 Suppl.xcix. 698 PDLA, 17.ii.1950. 699 NARMLGO-180/1950. 700 MGG 9911, 21.vi.1950 Suppl xxxvi. 701 PDLA, 1.v.1950. 702 See 293. 703 See Vol 1 87. 704 PDLA, 27.ii.1950. 705 PDLA, 1.v.1950.

94 restoration by an invited British economic expert, Sir George Schuster.706 It agreed with this adviser that stringent measures had to be adopted so as to put the financial situation on a sound basis and control unemployment. It agreed to a retrenchment on all national projects, including hospital services and school building, but made exception to the implantation of a new electricity power station and sewage system to help in an industrialisation free of monopoly grants. It also agreed to stress on mass emigration to reduce the population by 10,000 annually.707 On 6 June 1950, Dr Colombo had the estimates for 1950-51 utterly defeated (21-18) because the DPA voted with the Opposition.708 The MWP thus owed its first budget defeat to the nobles and resigned.709 The Governor dissolved the legislature.710 He fixed elections for 2/4 September.711 On 27 June 1950, Mabel Strickland re-constituted the CP to try and achieve maximum co-operation with Britain and repel the ‘extremism’ of Dr Mizzi and Mr Mintoff.712 She formally assumed the party’s Vice-Chairmanship but devolved leadership on architect Robert V Galea. Mr Galea decided to make a comeback in politics after a long time as University Rector because Malta was in a ‘grave national emergency’.713 In a campaign to regain pre-war supporters, especially at the expense of the GP that had disbanded following the dissolution of the Legislative Assembly,714 Miss Strickland was in reality the spearhead of the new CP.715 The first term under restored self-government did not last its whole expected duration which would have taken it to September 1951. Considering that after the ‘split’ within the MLP, very few legislative measures saw the light of day, the quantity and quality

706 See PDLA, 25.vi.1950. 707 Schuster xiv-xvi. 708 PDLA, 6.vi.1950. 709 TB, 1.vii.1950. 710 MGG 9932, 30.vi.1950. 711 MGG 9941, 27.vii.1950. 712 TTM, 27.vi.1950. 713 See Vol 1 150. 714 Bezzina (1995) 49-50. 715 TTM, 1.vii.1950.

95 constitutions and legislation in malta of enactments in 1948-1949 were very impressive. Statutes were passed to introduce labour arbitration, old age pension and income tax. The welfare state system was founded. By contrast, the imperial government did not legislate in the period. This lack of imperial measures in 1947-1950 contrasted sharply with the earlier term of self-government when Ordinances were enacted to control wireless telegraphy, aviation and secrets. The British services had to accept the extension of income tax to their personnel in Malta following the intervention of London. The MLP emerged as one of the leading political forces in Malta of post-World War Two. In government with an absolute majority, it was the protagonist behind the institutionalisation of the welfare state legislation enacted in 1948-1949. Mr Mintoff, the abrasive albeit dynamic politician, established himself as one of the political leaders who was to wield considerable influence in future law-making. Archbishop Gonzi was the second who in this first term of restored self-government entrenched himself as one of the three post-war leaders of great influence on the operation of the legislative process.

96 Chapter 11 COALITIONS this second chapter of Part IV covers the period from 1950 1954. These years are marked by three general elections, in 1950, 1951 and 1953, and the formation of two coalitions between the PN and MWP. They are important years in that they see the rise to leadership of Dr Giorgio Borg Olivier. In 1950-1951, the number of enactments is very small. The PN, with only a relative majority in government, is unable to operate the legislative process. Programmes of legislation are proposed, but only after the 1953 election does any important legislation emerge.

Six political parties lined up for the general election held on 2/4 September 1950: the MWP, the MLP, PN, CP, DAP and JP. To these must be added one independent candidate for Gozo. For the first time, a hard-fought campaign was characterised by national broadcasts.716 All political parties, which fielded between them a record number of nine female candidates, emphasised the importance of widening the legislative provision of social services. They confirmed that the idea of the welfare state had become rooted firmly in Malta’s legal system in less than five years.717 They re-accentuated the building of more housing units as an integral objective of reconstruction and industrialisation. Moreover, they also attached cardinal importance to the establishment of tourism, a sector enjoying expansion in all world regions through the surge of civil aviation accompanied by longer holidays and cheap foreign package tours.718 The MLP laid stress on better technical, electrical and technological infrastructure, notably proposing to construct a national football stadium. Like the PN, the MLP proposed once more to provide for the protection of clubs (musical or

716 Schiavone (1992) 197. 717 Pirotta (1987) 203-219. 718 Camilleri (1999) 3.

97 constitutions and legislation in malta benevolent) under the rent laws (1931).719 But the MLP also expressed its intention of introducing legislation to place the onus of divulging news to the public on locally and officially recognised democratic organisations in place of responsible anti-national individuals. Even if Malta became a British country through territorial integration, the MLP wanted the constitutional abolition of reserved matters and the achievement of institutional self- determination.720 By contrast, the PN stressed its commitment to free trade while it structured its international policy on independence or Dominion status within the Commonwealth or outright Independence.721 The MWP pledged an improved workmen’s compensation. But on the recommendations of the Schuster Interim Report, it advocated a policy of retrenchment, and hence a restriction of expenditure to very essential construction and infrastructural projects.722 The MWP favoured the transfer of Malta to the Commonwealth Relations Office.723 As opposed to 1945,724 the CP proposed the old age pension scheme but in proportion to the country’s financial resources. The CP favoured as well the constitutional status quo.725 The MLP, MWP and PN were all for a decolonisation policy and a better constitutional status that would lead to an eventual closure of the military bases. Hence, they all were for the dismantlement of military economy to make room for the sectors of tourism and the services industry. The MLP and the PN made constitutional proposals of particular significance parallel to Britain’s decision to sign the European Convention for the Protection of Fundamental Human Rights and Freedoms dated 4 November 1950.726

719 See Vol 1 216. 720 MLP (1950) 15-16. 721 P, 5.viii.1950/19.viii.1950. 722 TTM, 2.viii.1950. 723 TTM, 9.viii.1950. 724 See 59, 60. 725 TTM, 18.vii.1950. 726 Jacobs 3-14.

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In the result the PN got the highest percentage of votes and seats – 30% (12). The MLP and MWP obtained 27% (11) each, while the CP acquired 10% (four). The DAP returned one deputy from Gozo where the Gozitans elected their independent candidate as the second representative.727 In stark contrast to his teammates and ex-colleagues, Mr Mintoff was re-elected with over 5,000 votes. Dr Colombo scraped home but almost immediately tendered his resignation to enter the Capuchin Order.728 Four women succeeded in getting a Legislative Assembly seat indicating that woman had at last achieved a political presence.729 The MLP regarded the outcome as a defeat. Its executive and supporters attributed its failure to the Church’s accusations that they had links with Communism.730 The MLP could not ignore the fact that the GWU had kept neutral to avoid trade-union disunity among the working class following Labour’s political split. The PN crushed both the extremist MLP and more moderate MWP, and emerged triumphant, jubilant and politically rehabilitated. The CP took a large segment of the DAP vote but, likely owing to its stance on old age pension, it fell short of attracting the first preferences of former supporters amongst older people.731 Despite the fact that the PN received a hair’s breadth majority in an election that aggravated the country’s political, administrative and economic problems, Governor Sir Gerald Creasy had no option but to appoint Dr Enrico Mizzi as Prime Minister.732 Even though Archbishop Gonzi intervened in person to ensure that a stable government would be set up to undermine Mr Mintoff and the MLP, Dr Mizzi failed to strike an alliance with the MWP. Dr Mizzi thus became Prime Minister and reached the climax of his career after having been well over 30 years in politics.

727 Schiavone (1992) 198-210. 728 TTM, 18.iv.1956. 729 MGG 9959, 15.ix.1950. 730 S, 9.ix.1950/21.ix.1950. 731 Pirotta (1987) 211-214. 732 MGG 9963, 26.ix.1950.

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Sadly, he was to spend only three months in this highest political position in the country, passing away on 20 December 1950.733 It was virtually an automatic choice that Dr Borg Olivier should succeed him, with the responsibility of avoiding an early election. He had been the chief PN spokesman after the death of Sir Ugo Mifsud and Dr Mizzi’s internment in Uganda during the war.734 During the war and after, he had contributed considerably to a reinvigoration of his party.735 He now emerged as one of the great figures in Malta’s politics of the post-war period.736 Dr Borg Olivier immediately declared his adherence to the principles of his predecessors Dr Fortunato and Dr Enrico Mizzi and made Dominion status the touchstone of his ideology and policy.737 Concurrently, he tried to follow a consensual legislative programme and avoid obstructionist tactics. But he always failed to pass his government’s proposals through the Legislative Assembly because either the MLP or the MWP, which had refused to re-unite, outvoted the measures.738 It was only through ad hoc agreements with the Opposition that his minority government passed a few enactments of an emergency character, particularly extending the Supplies and Services Act 1948.739 On 10 February 1951, on presenting its first Appropriation Bill for 1951-52 in the Legislative Assembly, the PN were decisively defeated. It only managed to persuade the House to pass a resolution to renew the Housing Act (1949).740 London could not extend this Act by Order-in-Council.741 Britain at the time decided that the one-time Malta-based World War Two Allied Commander, Lord Admiral Louis Mountbatten, should sign an agreement with the partners to NATO to grant to the Alliance’s services and civilian personnel certain tax privileges. These privileges included import duties

733 P, 30.xii.1950. 734 See 45. 735 Anon (1955) 77. 736 Ganado (1977) 418-149. 737 See P, 8.viii.1951. 738 S, 12.x.1950/4.i.1951. 739 NARMLGO-475/1950. 740 Ganado (1977) v2, 419. 741 PDLA, 10.ii.1951.

100 coalitions exemptions from food supplies for support in the partners’ territories.742 At this same time, Britain also refused to join Germany, Italy, and the Benelux in signing a European Steel and Coal Treaty (18 April 1951), the first in a series of European Communities Treaties.743

11.1. DR BORG OLIVIER V MR MINTOFF

In the period 1951-1953, the PN is once again elected to government with a relative majority. However, this time it enters into a partnership with the MWP. The arrangement lasts two years. Some important legislation is enacted in connection with employment. A measure is taken to establish the conditions of work for employees in the private sector. Another statute is enacted to protect the fishing industry and the Maltese fisherman’s work within the Maltese territorial waters. From now onwards, the main political leaders and adversaries within the legislature are Dr Borg Olivier and Mr Mintoff.

Governor Sir Gerald Creasy dissolved the Legislative Assembly and called the third general election in two years of governorship, earmarking polling day for 5/7 May 1951.744 The MWP, MLP, PN, CP and JP, but not the DAP which called it a day, contested again with more or less their previous programmes.745 With the exception of the MWP, which got seven seats, the contesting parties also repeated their previous performance. The PN got 15 seats, the MLP 14 and the CP four.746 The political party leaders also reflected the general success of their respective parties. Like Mr Mintoff, Dr Borg Olivier made a personal triumph, entrenching himself as one of the leading

742 See PDLA, 18.x.1954. 743 See Urwin on a detailed history of the European Community. 744 MGG 10023, 30.iii.1951. 745 See 97, 100. 746 MGG 10042, 17.v.1951.

101 constitutions and legislation in malta post-war politicians.747 By contrast, Dr Boffa, elected from one district only, began to show symptoms of a politician in the declining stage of his political career.748 Amid PN accusations that the trade union was equally divided, the GWU lobbied for both labour movements. But clearly the MWP now had an ephemeral existence. Dr Borg Olivier had to form a stable coalition government in an unusually hurried style, fortunately needing only the political carrot to convince the MWP leader to join him. He had an elected team consisting almost entirely of members belonging to the traditionally and culturally conservative Italianate professions. Among these members, there were nine advocates, including Dr , son of Dr Giuseppe, Dr John or ‘Jackie’ Frendo Azopardi, son of former Public Prosecutor Dr Victor Frendo Azopardi; Dr Giuseppe M Camilleri and Dr Galea. There were also two notaries, namely Dr Borg Olivier himself and Dr Giuseppe Sammut. However, Dr Borg Olivier had to offer Dr Boffa and two other MWP deputies Cabinet posts. Dr John Cole was made Minister for Emigration and Works, and Dr Ġużè Cassar Minister for Justice. Promises also had to be made to implement social legislation according to the MWP programme.749 A PN-MWP partnership was vital to the country’s political and legislative interests at least in the short run, but would offer the MLP the opportunity to reprove the MWP and attract more support from labour sympathisers. At a time when its relations with Britain were lopsided, the country still suffered from inflation, a rise in the cost of living and a fall in employment.750 The country was also affected by the US MacCarran-Walter Act which re-imposed quotas on admission of immigrants, including citizens of English-speaking countries seeking work.751 Sir Gerald emphasised in his Speech from the Throne the intention of the coalition government to follow a policy of

747 Anon (1971) 92-94. 748 Schiavone (1992) 221. 749 LIH, 1.ix.1951. 750 Pirotta (1997) 262-280. 751 Attard (1997) 41-43.

102 coalitions retrenchment. Firstly, he corroborated the plans of the PN-MWP to cut down on the allocation of monies to the current social programme. Among the exceptions, he mentioned expenditure in relation to the acquisition of sophisticated medical equipment for the completed St Luke’s Hospital, the expanding drainage system and the proliferating school-building. Then, the Governor stated that his government would give priority to amending substantial areas of the fiscal and financial system. Without the issue of Orders-in-Council, new taxation measures were needed to raise money for temporary but urgent works and services as part of the reconstruction and industrialisation programme, primarily a new electrical power station and gas plant752 - the magnum opus of the coalition government.753 On 25 June 1951, Dr Frendo Azopardi announced that the government was moving legislation to meet the cost of subsidies and essential commodities.754 Thereafter the coalition government steered through the Assembly a Treasury and Audit Amendment Act (Act II 1951) to make provision for recurrent supplies and services expenditure.755 Additionally, it passed a Temporary Borrowing Act (Act VII 1951) to authorise the administration to borrow an overdraft up to £500,000.756 On 16 October 1951, Dr Borg Olivier reassembled the House to enable his government provide for another recurrent supplies and services expenditure (Act IX 1951).757 However, he also introduced innovative revenue-raising systems, notably a statute to legalise local football forecast pools (Act XV 1951),758 and another statute to authorise the government to issue bills of exchange against the payment of money (the Treasury Bills Act or Act II 1952).759 Dr Borg Olivier said that his government was ready to re-adjust

752 PDLA, 20.vi.1951. 753 Ganado (1977) v3, 428. 754 PDLA, 25.vi.1951. 755 NARMLGO-302/1951. 756 NARMLGO-321/1951. 757 NARMLGO-379/1951. 758 NARMLGO-428/1951. 759 NARMLGO-212/1952.

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Malta’s financial system once the country became independent like India.760 The coalition government enacted such financial legislation with all its members’ votes. Despite Dr Albert Hyzler MD (MWP) and Notary Sammut (PN) voted against the measure in the second reading, it also passed another statute to raise import and export duties (Act XIV 1951).761 Although the MLP differed from the PN in its approach to the constitutional issue, it did admit that the government had to take financial measures to grapple with the current economic difficulties. In fact, while recalling the act of ‘self-determination’ of 1802,762 Mr Mintoff stressed that Malta had first to get out of its financial trouble before it achieved full self-government with control of the institutional organs.763 London also agreed with the Maltese government and Opposition that Malta was in a financial and economic predicament. However, the Colonial Office would only be ready to issue Orders-in Council to allow the Governor to legislate on supply and services in the event of a political emergency.764 London could not predict whether the UK Parliament would extend or renew the Reconstruction (Final Settlement) Act (1946) due to expire in 1956.765 London had resolved to exclude Malta from the list of ‘colonial territories’, and to help the country achieve ‘self- government within the British Commonwealth’ and recover economically and socially. At the same time, Governor Creasy was interested in permitting NATO to use Malta as a base, at least out of courtesy.766 The Governor allowed the RAF to host 300 men from the US Naval Air Squadron for training as part of a plan to ask London to extend the NATO legal privileges and exceptions to visiting forces.767 He provoked Dr Borg Olivier

760 PDLA, 16.x.1951. 761 PDLA 14.xii.1951. 762 See Vol 1 18. 763 S, 12.i.1952. 764 See 113. 765 See 93. 766 See PDLA, 28.x.1954. 767 LHRPLLA 1951-53, dos 49-50.

104 coalitions into demanding in the Legislative Assembly that the Maltese should be adequately protected and recompensed.768 The partnership government opened its first full year (1952) with an arbitration tribunal award against it in favour of the GWU. On behalf of civil service employees, this largest union of the country together with the Malta Union of Teachers claimed 10 shillings per week increase owing to the cost of living.769 In effect, the government had accepted to give a lesser increment but had been ready to join the GWU to force the military services to comply with the said award for the benefit of British services employees.770 Across and within the two sides of the diarchy, it took a different line of confrontation from the Opposition, which was even more aggressive than the GWU.771 Mr Mintoff and the MLP organised several public meetings but also boycotted the British services, ‘withdrew consent’ for the temporary stationing of NATO in Malta, and ‘declared war’ against Britain.772 The GWU lodged a pay dispute with the British services and organised a national strike that temporarily paralysed the country.773 Archbishop Gonzi, fearing that Mr Mintoff would increase workers’ support, intervened to persuade the GWU to reach an amicable settlement with the new Secretary of State for the Colonies, Alan Tintil Lennox-Boyd.774 Thereby, he caused another split between the industrial and political wings of the labour movement.775 Mr Mintoff broke off ties with Reggie Miller who, unlike Dr Boffa, had helped the MLP to thrive with the creation of the GWU but like the ex-MLP leader/MWP leader, ended as the loser in his duel with the new MLP leader. Mr Mintoff (and the MLP) permanently strained relations between himself (and his party) and Archbishop Gonzi (and the Church). He also quarrelled with Mabel Strickland, with the result that the Strickland press threw

768 PDLA, 18.x.1951. 769 TTM, 9.i.1952. 770 LHRPLLA 1951-53, dos 132. 771 PDLA, 10.iii.1952. 772 PDLA, 21.ii.1952. 773 TT, 28.ii.1952. 774 Pirotta (undated) 36. 775 Micallef Stafrace (1998) 55.

105 constitutions and legislation in malta itself behind Dr Borg Olivier, and, abandoning its traditionally anti-PN and pro-LP position, became anti-MLP and pro-PN. Mabel Strickland, who personally deemed the extremism of Mr Mintoff the greatest immediate danger to imperial interests, allied with the spiritual head of the Church against the advice of her own party, the CP.776 She also declared herself an ‘Independent Constitutionalist’.777 She thus deprived the CP of a valid de facto leader with the result that the CP disintegrated in a few months.778 In 1952, the PN-MWP coalition government followed retrenchment and avoided taxation. It thus remained faithful to its policy declarations at a crucial moment of industrial relations and labour unrest. The Services Departments discharged Maltese workers on ground of redundancy, the English-speaking countries restricted mass emigration, and the government fast approached exhaustion of reconstruction and employment schemes under the War Damage Fund.779 Nevertheless, the partnership government enacted without opposition780 two collectivist pieces of legislation of a landmark character within the historico-legal framework of labour in Malta. The first was Act X (1952) to set up a legislative regime to regulate the conditions of employment of workers within the private sector (i.e. ‘non-civil servants’).781 The other was Act XI (1952) to establish industrial training for the same private employees.782 The PN-MWP passed Act X (1952) or the Conditions of Employment Regulation Act by adopting wholesale a draft bill, which the Labour Advisory Board (LAB) had fashioned on the basis of International Labour Organisation Conventions Nos 26, 84 and 95.783 The Board included a member of the Chamber of Commerce.784 While

776 Pirotta (1987) 311-312. 777 TTM, 12.i.1952. 778 Pirotta (1987) 325. 779 Schuster, xvi-xxii. 780 PDLA, 5.iii.1952. 781 NARMLGO-260/1952. 782 NARMLGO-259/1952. 783 Micallef Stafrace (1996) 103. 784 TT, 20.iii.1953.

106 coalitions looking for inspiration to the historical encyclicals Rerum Novarum (1891) and Quadragesimo Anno (1931),785 the PN- MWP also consulted local trade unions.786 The PN-MWP decided for the Labour Arbitration Board’s draft bill because the Board had established three important machineries through which the proposed system would become effective to safeguard and enhance workers’ rights. These were a Labour Board for the creation of a national minimum wage standard, a Joint Negotiating Council for the carrying out of collective bargaining on behalf of unionised private workers within the Maltese Government, and a Wages Council for regulating the conditions of employment of non-unionised workers within the same sector. The Minister for Emigration and Works, John Cole, the main spokesman during the relevant legislative debate, explained that his government intended to cover the large majority of the 21,000 industrial and non-industrial workers of all categories in the private sector. Simultaneously, he confirmed that the Act would not be applied to military and civil services employees although these were not expressly excluded.787 The Legal Secretary was prompt to remark that the Act touched the list of reserved matters and could not apply to the British services unless the Maltese Government consulted the other diarchical side, and entered into the necessary agreement with it.788 The GWU hailed Act X (1952) as ‘the charter of private industry’, which compared well with British legislation.789 The PN newspaper Patria pointed out that the Act benefitted those employees ‘who were the most disadvantaged’.790 The Strickland press welcomed the Act, noting that it would introduce ‘certain well recognised principles of social justice and equity’ in line with developments in progressive countries.791

785 TTM, 12.ii.1952. 786 PDLA, 28.ii.1952. 787 PDLA, 5.iii.1952. 788 NARMLGO-260/1952. 789 TT, 3.iv.1952. 790 P, 15.iii.1952. 791 TTM, 12.ii.1952.

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The Church organ Leħen is-Sewwa reported in detail the relevant Legislative Assembly debates but without comment.792 The Malta Union of Teachers completely ignored the enactment, which did not cater for its members in the public sector.793 The Legal Secretary said that Act X (1952) did not specifically bind employers and employees to enter written employment agreements, and doubted whether interested parties would effectively implement the enactment.794 Act X (1952) covered all categories of private or industrial workers. But certain juveniles in apprenticeship, who strictly speaking were not ‘workers’, would need special protection over and above. Therefore, the coalition government proceeded to move and pass Act XI or the Industrial Training Act (1952), precisely to give extensive protection to apprentices.795 Act XI was based on the Colonial Development and Welfare Scheme (1952), which included a Youth Advisory Committee for formulating 12 apprenticeship schemes of six years’ duration.796 In 1952, the PN-MWP government passed 30 laws overall, a rather large number. Dr Borg Olivier did not convene the Legislative Assembly between May and October. In this period, he conducted lengthy talks in London on financial assistance797 but obtained the miserable offer of £500,000, including £25,000 for the reserved matter of civil aviation.798 The Prime Minister re-convened the Legislative Assembly on 22 October 1952 after asking the Secretary of State for the Colonies Lennox-Boyd to see whether Britain was ready to repay the Maltese for the use of their country as a military base.799 He was clear that the Colonial and War Office should change those of their policies that conditioned Malta’s economy, and additionally that the military authorities should stop using Malta’s facilities (the NAAFI) free of charge. Thereby, he emulated the previous MLP

792 Micallef Stafrace (1996) 119. 793 T, i-iii /xi-xii 1952. 794 NARMLGO-259/1952. 795 NARMLGO-259/1952. 796 RWGD 1952 in MGG 10434, 18.ii.1954, Suppl.ix. 797 Pirotta (1985) 171-184. 798 Ganado (1977) v3, 420. 799 Pirotta (1987) 272-274.

108 coalitions government that had also applied income tax to British services personnel.800 As the GWU pay dispute developed to a positive end with an award in favour of the union,801 Dr Borg Olivier contended that the services should pay revenue to Malta for hosting and maintaining them.802 He was fully aware that Britain was unwilling to contemplate jeopardising Malta’s status as a strategically invaluable fortress colony. The Premier was realistic about the fact that defence and security should continue to belong to Britain, but he could not tolerate the fact that the Maltese nation shouldered all the expenditure connected with military facilities.803 In the face of British intransigence, the coalition government was compelled to implement its reconstruction and industrialisation programme on the basis of the War Damage Fund which was almost entirely spent, while Britain refused to ask the United States to extend Marshall Aid to Malta or to give its own financial assistance even in regard to vital capital expenditure such as the building of a new power plant.804 The coalition decided to take over the running of the gas service once the relative deed of emphyteusis for 99 years expired at the end of the year.805 It passed a statute to nationalise this service of great utility (Act XXVI), the last measure for 1952 and a typically collectivist one. Thus, the legislative programme for the year ended on a positive note.806 On 30 December 1952, the coalition passed the estimates for 1952-53 but only with the Speaker’s casting vote because Dr Hyzler and Notary Sammut voted against. In their dissent might be heard the death knell of the administration.807

800 See 86, 87, 88 on income tax. 801 See 104, 105. 802 PDLA, 22.x.1952. 803 P, 17.vi.1952. 804 See 75, 92, 95, 103. 805 See Vol 1 41. 806 NARMLGO-447/1952. 807 PDLA, 30.xii.1952.

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The PN-MWP coalition government had in fact been worn to a shred by internal discords. It could not survive another session in legislature. It reached the nadir of legislative activity and, with the exception of an enactment to protect the fishing industry, it achieved nothing of real significance, passing a mere dozen statutes of very minor importance. This reflected in part Dr Borg Oliver’s own inertia in regard to policy and legislative measures on social services.808 In the first half of 1953, the Governor Creasy continued to press London to allow NATO to operate from Malta. After refusing for months to accord to Lord Admiral Mountbatten (now Commander-in-Chief of the Mediterranean Fleet) the use of Malta as Headquarters, the coalition government was uncertain whether to allow NATO’s request.809 Economically, the presence of the new military forces would be beneficial.810 On the other hand, London was undecided whether to authorise the Lord Admiral to use Malta either by way of a constitutional amendment or by an ad hoc Ordinance.811 Indeed, the coalition and London’s indecision fuelled more tension between the two sides of the diarchy, thus recalling the episode relating to the Military Training Ordinance (1927).812 In May 1953, Dr Borg Olivier refused a seat with African and Asian colonies in the Coronation festivities cortège in London.813 While the NATO question was in course, the coalition government set up a trade fair committee and held the first organisation of an international fair for the promotion of trade in general.814 It supported the local Church initiative in organising an International Congress on morality and conscience in the most popular entertainment of the epoch in the country as abroad: cinematographic films.815 But the

808 Ganado (1977) v3, 426. 809 Pirotta (1987) 388-389. 810 Ganado (1977) v3, 427. 811 NARMLGO-230/1955. 812 See 168 et seq on the story of military training in 1927. 813 LHRPLLA dos 375A/375B. 814 See MTF regarding the organisation of the first trade fair in Malta. 815 Ganado (1977) v4, 134-136.

110 coalitions coalition took hardly any legislative measure to improve the country’s legal system. It proposed to introduce a modern Employment Injuries Insurance Bill to replace the Workman’s Compensation Act (1929).816 The coalition also came forward with an innovative bill to regulate the fishing industry within Malta’s territorial waters in regard to any fishing boat, and within ‘extra-territorial waters’ in regard to any locally registered fishing boat. Yet, it postponed the first injuries insurance proposal because it had to hold long talks with the Maltese Imperial Government in relation to Maltese employees within the Defence Departments.817 It also enacted with bated breath the statute to regulate the fishing industry, Act XII (1953).818 The coalition feared that the Maltese Imperial Government would oppose Act XII (1953), or the Fishing Industry Act, for the reason that the ‘territorial waters’, and particularly their ‘extra- territorial’ extension, were constitutionally reserved. Fortunately, the new Legal Secretary to the Governor, Anthony Mordaunt Austin, did not enter into the question of ‘territorial waters’ and only commented on the ‘extra-territorial’ provision which he considered of minor effects.819 He admitted that for an efficient ‘intra-territorial control’ of the fishing industry in the colony, there had to be power for ‘extra-territorial inspection’ since nearly all fishing took place outside territorial waters. He quoted the UK Sea Fisheries Act 1883, which had contained a similar ‘extra-territorial’ provision,820 and the case R v Secretary of State for Foreign Affairs, ex parte Greenberg, which had extended its application to British colonies.821 The coalition was also apprehensive about the fact that the MLP, which considered Act XII (1953) as merely cosmetic and lacking the necessary enforcement machinery, would criticise the measure outside the Legislative Assembly. The Minister for

816 See 209, 210. 817 See 111, 112, 113, 117, 118, 119 on the injuries insurance. 818 Farrugia Randon (1995) 129. 819 NARMLGO-348/1953. 820 46&47 Vict, ch22. 821 [1947] 2 All ER 550.

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Justice, Dr Ġużè Cassar, was also brave enough to explain that the Act was meant to empower a Fishing Officer to exercise inspection and other specified powers in regard to a foreign- registered fishing boat within the Maltese territorial waters or on board a Maltese registered vessel beyond the territorial waters. He said that this perfectly fitted within the concept of jurisdiction under the local Criminal Code (1854).822 Dr Cassar said that Act XII (1953) was intended to give a better shape to the fragmented and inadequate legal regime consisting of provisions scattered in the different Codes and unrelated special laws.823 The whole legislative proceedings of Act XII (1953) were conducted while tension reigned supreme within the condominium. The relevant enactment coincided with a serious Legislative Assembly incident which revealed that the coalition government would not last another session. On 15 July 1953, the day previous to the enactment of Act XII, Dr Camilleri, Dr Mizzi and Dr Cassar Galea (PN) in a division voted for a monthly private member’s day.824 Claiming that the Prime Minister had remained passive to allegations that the GWU had secretly attempted to re-unite the MWP with the MLP, they tendered their resignation.825 Dr Borg Olivier adjourned the Assembly for September to try and find a solution among his ‘parliamentary group’. However, he failed in his endeavours. On 9 October, in the absence of the said three deputies, he saw his coalition’s estimates for 1953-54 suffer a defeat at the end of a three-weeks discussion during which the MLP and CP had revealed that they would vote against the budget.826 Thus, he witnessed the collapse of his coalition and its impending measures, including the important Employment Injuries Insurance Bill.827 On 15 October 1953, Dr Borg Olivier caused Sir Gerald to dissolve the Assembly, call elections for 12-14 December and put

822 See Vol 1 85. 823 NARMLGO-348/1953. 824 PDLA, 15.vii.1953. 825 Pirotta (1987) 343. 826 PDLA, 9.x.1953. 827 See 111, 117, 118, 119.

112 coalitions in place regulations to ensure that the caretaker government would maintain adequate supplies and services under the operative Act of 1947.828 Sir Gerald provided for such emergency measures by the issue of an Order-in-Council829 in agreement with London.830

11.2. THE MINIMUM

The outline of the next administration takes no more than a line or two to describe. In 1953, the MLP are elected with a majority of one over the PN. Since they refuse to re-unite with the MWP, the PN are asked to re-form the coalition with the latter. This time, however, the coalition is more a matter of convenience than commitment and is doomed to last only one odd year. The MWP has merely two seats and gives the PN a majority of one only with the Speaker’s casting vote. Defections immediately threaten this precarious hold on power. A couple of legislative initiatives are undertaken. The bare minimum is achieved.

The 1953 elections were re-contested by the PN, MLP, MWP and the Progressive Constitutional Party (PCP). The JP resolved to call it a day, without however abandoning the idea of the need for another body in Gozo, whether political or else in the form of a committee or council representing the Gozitans.831 On 17 October 1953, Miss Mabel Strickland founded the Progressive Constitutional Party with the promise of a steadfast adherence to the Roman Catholic Church teachings, a wholehearted allegiance to the monarch and loyal support to NATO.832 She declared, inter alia, that Mr Mintoff’s ‘communism’ and ‘anti-imperialism’ had been a crucial factor, which had motivated her to found the new party.833

828 B, 24.x.1953. 829 MGG 10402, 15.xii.1953. 830 NARMD-Lyttelton/Creasy, 3.iii.1953. 831 Bezzina (1995) 50-52. 832 TTM, 17.x.1953. 833 TTM, 3.xi.1953.

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The four contenders centred their hard-fought campaign on the improvement of social services and welfare state, and the achievement of the best future Anglo-Maltese relations, no matter what they changed in the Constitution. Despite the fact that English-speaking countries imposed restrictions on emigrants looking for employment abroad, all gave assurance of better mass emigration schemes for that purpose. They also promised to modernise the workmen’s compensation system.834 The MLP stated that its legislation and policy would be guided by the encyclicals Rerum Novarum and Quadragesimo Anno. In addition to an agricultural bank, a board of trade and an employment insurance scheme, it promised rent restriction for clubs (philharmonic and charitable) and the construction of more dwelling units to meet the perennial housing shortage. The MLP also declared that it intended to struggle for self- determination or equality of political rights for the Maltese people with those of Britain whether in the form of Integration, Dominion status or Independence. It explained that it would do so through the removal of reserved matters. It also sought NATO guarantees such as the payment of rent for the use of local facilities.835 The PN pledged reduction of death duties and income tax rates, the grant of loans to farmers and the improvement of irrigation systems. It promised to continue to strive to put Malta in its rightful place within the Commonwealth and to transfer civil aviation and other important reserved matters to the Malta Government.836 The MWP also expressed favour for the creation of an agricultural bank and the increase of water reserves. It advocated Malta’s transfer to the Commonwealth Relations or Home Office subject to the removal of reserved matters unconnected with defence. It promised to do its utmost to get economic aid from NATO countries through Britain.837 Last but not least, the PCP bound itself to improve housing, old age pensions and

834 Pirotta (1987) 356-357. 835 S, 21.xi.1953 and 12.xii.1953. 836 P, 12.xii.1953. 837 LIS, 9.xii.1953.

114 coalitions medical services. Moreover, the PCP mentioned that it would seek a better constitutional status for the country within the Commonwealth.838 The MLP depicted itself as a highly organised party and from the outset seemed to be heading towards an electoral victory.839 Throughout the campaign it contended that Mr Mintoff was more vital and energetic than the procrastinating Dr Borg Olivier, and should be granted a try as Prime Minister.840 The MWP and its leader only sought to claim credit for all the social enactments of the last six years. But Dr Ġużè Cassar and several of its 1951 candidates turned their coats to don that of the MLP.841 The GWU came out in overt acclamation for Mr Mintoff, blaming Dr Borg Olivier and Dr Boffa for ‘the present politics of economic crisis and unemployment’.842 Archbishop Gonzi kept a neutral position and used his pre- election Pastoral Letter to tell electors to assess the qualities of leaders and candidates.843 Rather, according to the prevailing general social trend, the spiritual leader undertook to modernise the care of children in Church institutions and went on to build a housing estate at Blata l-Bajda.844 As if to approve the centrepiece of the MLP’s electoral programme, a week before polling day, the new Secretary of State for the Colonies, Viscount Chandos, revealed that Britain had agreed to transfer the affairs of Malta to the Home Office.845 The MLP got the majority of votes and seats as predicted (20 candidates or an increase of five). But the PN made likewise a satisfactory performance (18, four more than in the previous election).846 Both the major parties increased their popularity at the cost of the MWP, which returned two seats, a very small but sufficient amount to enable any of the same major parties

838 TTM, 3.xi.1953. 839 Anon (1972) 158-159. 840 TTM, 11.xi.1953. 841 Sacco (1985/1) 171. 842 TT, 1.xii.1953. 843 TTM, 1.xii.1953. 844 B, 2.ii.1954. 845 TTM, 3.xii.1953. 846 Schiavone (1992) 237-238.

115 constitutions and legislation in malta to ask it to enter into a coalition government. Both returned a good number of candidates of professional worth, including Dr Giovanni Felice LLD (PN) and many other lawyers. Dr Boffa was bi-elected, and gave up one of his seats to elect John Cole. Mabel Strickland and the PCP suffered a complete disaster, obtaining only a few hundred votes and zero seats. The number of the electorate had dwindled, but the election results indicated that recently departed emigrants had been from all groups of political supporters. In spite of the fact that it scored high in the electoral race, the MLP got only a relative majority. As a result, Sir Gerald asked Dr Borg Olivier to try a second PN-MWP government given that the GWU attempts to re-unite the MLP-MWP had proved fruitless.847 Dr Borg Olivier formed a second coalition with Dr Boffa but it was a foregone conclusion that such a partnership depending on the casting vote of the Speaker (the ex-PN deputy Dr Ġużè M Camilleri) would be purely convenient. On 30 December 1953, on Dr Borg Olivier’s advice, the Governor re-convened the Legislative Assembly to extend the Supplies and Services Act (1947). Dr Borg Olivier’s coalition government got the required vote with the Speaker’s casting vote at the stroke of midnight following the suspension of the Standing Orders.848 At the end of a sitting in which the PN and MWP managed to avert immediate downfall for their partnership that seemed likely to last very little time and be extremely unfruitful, the Prime Minister secured the adjournment of the Legislative Assembly sine die. In the event, the second PN-MWP coalition enacted in 1954 only half a dozen amendments and a statute to compensate consumers for modifying existing installations unsuitable for operation on the new electrical distribution system (Act VI 1954).849 Once again, the Prime Minister Dr Borg Olivier was conspicuous by his delay in authorising or initiating the implementation of policy or legislation.850 He was so inert in

847 S, 11.xii.1953. 848 PDLA, 30.xii.1953. 849 NARMLGO-306/1954. 850 Ganado (1977) v3, 426.

116 coalitions taking social matters such as the perennial problem of housing provision, that Archbishop Gonzi and the Church stole the scene with the erection of modern apartments at Blata l-Bajda.851 In 1954, the second PN-MWP coalition government needed to give precedence to the separate presentation and discussion of the estimates for 1953-54 and 1954-55. So it immediately re- postponed once again the important re-proposal of the first session to provide compensation for employment injuries in place of the Workmen’s Compensation Act (1929).852 On 24 February 1954, the coalition moved the Appropriation Bill for 1953-54, which the GWU considered a cosmetic alteration of the original version.853 The GWU re-launched the same opposition of October 1953.854 The coalition managed to pass the Appropriation Bill very narrowly and consequently was more diligent on the preparation of the other Appropriation Bill to legalise the estimates for 1954- 55.855 Taking a few more weeks to present the relevant estimates for 1954-55, it permitted the MLP leader Mr Mintoff to make an important revelation. On 25 April 1954, in a party general conference, Mr Mintoff disclosed that he had availed himself of a Home Office offer to submit proposals to the Colonial Office in London for a scheme of Integration with Britain. Such a scheme basically consisted in measures to remove discrimination in payments to Maltese Dockyard employees and to give full Maltese representation in the House of Commons.856 On 18 May 1954, the coalition government moved the second financial budget for 1954-55, in which it gave priority to organised mass emigration, a flat wage increase, and the introduction of a national insurance scheme. It gave secondary importance to the expansion of social services.857 The MLP considered the estimates for 1954-55 a solution for short-term economic problems at the

851 TTM, 10.ii.1954. 852 See 111, 112, 117, 118, 119. 853 See 113. 854 TT, 4.iii.1954. 855 PDLA, 24.ii.1954. 856 Sacco (1985/1) 175. 857 PDLA, 18.v.1954.

117 constitutions and legislation in malta cost of a future neglect of the social services system.858 The GWU also argued that the wage increase was unnecessary when there was no rise in the cost of living, and would strain the country’s economy in a period of much-needed industrialisation.859 With the PN-MWP government, the GWU raised a new trade dispute, which protracted for a year.860 On the contrary, the Strickland press expressed great satisfaction with the 1954-55 estimates.861 After the 1954-55 budget, the coalition took only two important initiatives, each of which was destined to cause growth or change in the Maltese legal system. On 26 May 1954, the Minister for Justice Dr Giovanni Felice set up an ad hoc committee with the task, in line with the most recent overseas developments, of preparing a comprehensive report and self-contained bill to modernise the law of commercial partnerships and companies.862 Such a task would take months, if not years, to complete.863 To sit on the committee, Dr Felice appointed the experienced commercial law lecturer Professor Felice Cremona, the young but already established constitutional lawyer and scholar Dr John J Cremona, and the promising lawyers Dr Edgar Mizzi and Dr Victor Sammut.864 The other initiative was taken on 10 July 1954, when the coalition also concluded a one-year oil-drilling agreement with the British Petroleum Exploration Company. It ignored Opposition criticism that the relevant contract did not provide adequately for supervision over exploration.865 On 3 September 1954, when intra-coalition and inter-party trouble on several controversies, including the NATO issue, was at its worst, Major General Sir arrived as the new Governor. Dissension increased rather than diminished with his arrival. He immediately entered the fray within the coalition government and between the political parties, then across the diarchy. On 26 October 1954, he published a draft Ordinance

858 S, 22.v.1954. 859 TT, 4.iii.1954. 860 Pirotta (1987) 380-384. 861 TTM, 19.v.1954. 862 See NARMAG-171/1964. 863 See 134, 141, 171, 180, 184, 187. 864 RCPC i-v. 865 PDLA, 25.ii.1958.

118 coalitions to extend to NATO personnel the tax and customs duties exemptions, which the British services enjoyed.866 In a highly controversial Press Notice, he stated that for economic reasons the Maltese Government concurred with both the presence of NATO as well as the extension to the US forces of the privileges in favour of the British services. Sir Robert was reported to have said that the Maltese Government objected to the fact that it had no say in defence matters, but that it was not against the proposed Ordinance.867 However, after discussing the matter with Dr Borg Oliver and his Cabinet for two years without reaching a satisfactory result, he published the draft Ordinance.868 In fact, like Mr Mintoff, Dr Borg Olivier considered the Ordinance ultra vires the Constitution and reacted fiercely via a separate statement and Protest Resolution.869 But the Opposition Leader retaliated differently.870 Mr Mintoff said that in future ‘Parliament’ should ratify any bilateral and international agreement signed with a foreign power, especially with NATO. He did predict NATO as Malta’s near-term economic source of dependence.871 On 23 November 1954, Mr Mintoff tabled a counter-motion of no confidence in Dr Borg Olivier’s convenient coalition, which John Cole (MWP) supported. A final defeat (20-19) was thus inflicted on the disabled government on an issue of fundamental policy.872 Mr Mintoff immediately caused the Prime Minister to advise dissolution, implying the lapse of the important pending legislative proposal dealing with industrial injuries.873 On 16 December 1954, in agreement with Mr Mintoff and Dr Boffa, Dr Borg Olivier re-convened the Legislative Assembly to re-extend the Supplies and Services Act (1947) and the Housing

866 MGG 10536, 26.x.1954. 867 TTM, 27.x.1954. 868 Buttigieg (1990) 39. 869 PDLA, 28.x.1954. 870 TB, 6.xi.1954. 871 Mercieca (1969) 356. 872 PDLA, 23.xi.1954. 873 See 111, 112, 117.

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Act (1949).874 Consensus was also reached to pass a Carriage of Goods by Sea Act, Act XI (1954), to internationalise the local rules on bills of lading875 on the basis of an English law of 1924,876 and to enact several Mortmain Exemption Acts for philanthropic and charitable purposes.877 This was the second time in two years that consensus had to be reached to enact legislation because of early dissolutions of the Legislative Assembly.878 In 1951-1954, it was very difficult for the country’s legal system to be strengthened or improved. The coalitions between the PN and MWP were ideologically unstable. An Industrial Injuries Insurance Bill was among the measures which failed. Statutes regulating conditions of employment and the fisheries industry were the only significant enactments in four years. The former statute was not applied to the imperial government’s jurisdiction, that exemption being the only way to avoid reaction from the British services and delay in its enactment.

874 NARMLGO-371/1954. 875 NARMLGO-374/1954. 876 14&15 Geo 5, ch22. 877 PDLA, 16.xii.1954. 878 See 111, 112.

120 Chapter 12 MR MINTOFF’S ABSOLUTE MAJORITY this chapter is devoted to the period of the MLP in government by absolute majority under Mr Mintoff, 1955-1958. This fifth administration of the restored self- government, like the first under Prime Minister Boffa, 1947-1950, does not last its full term. This time the early dissolution is due to Mr Mintoff’s resignation. But once again the programme of legislation is extensive. Vigorous legislative efforts are made to build on the welfare state legislation of 1947-1950. The referendum on Integration with Britain is also authorised and held under a controversial enactment. The climax is reached in 1956 with the passing of the National Insurance and National Assistance Acts. The period 1955-1958 opens with the imperial government’s enactment and revocation of a politically provocative Ordinance to recognise NATO’s Mediterranean Headquarters. The MLP and PN, now the largest political parties, the local Church and Armed Forces of the Crown are as always the leading influences on the law-making body.

The dissolution of the Legislative Assembly immediately followed the defeat of the second PN-MWP coalition in 1954. This time, however, the dissolution was accompanied by a dilemma regarding the moment of enactment of the Ordinance to privilege NATO. If the Governor, Sir Robert Laycock, enacted the measure in the process of the general election, he would provide both political parties within the Maltese Government with an ideal electioneering target. But, if he enacted it after the elections were over, and the MLP was re-elected according to forecasts, then he would sour the new political atmosphere from the outset. Sir Robert was certain that the new government, whether MLP or PN, would press for more cooperation, especially to abolish discrimination in payment between Maltese and British

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Dockyard employees.879 He fixed polling days for 26/28 February 1955880 to allow himself around two months to ponder the NATO matter before opting to hold it back until after the elections. In the result he intensified the political tie between the PN (and PCP) and the MLP, which after more than five years of schism was once again the sole political representative of the labour movement. The MLP, the PN and PCP were the parties that contested the 1955 general elections. Mr Mintoff slammed the door in the face of Dr Boffa when the latter, striking his spent MWP from the list of contenders, tried to re-join the MLP.881 The CP, which strove to maintain a nominal survival after Mabel Strickland had created the PCP, decided to retire altogether.882 The MLP proposed to improve labour legislation, especially through the introduction of employment insurance, and to take any other measure, whether construction of housing or organised migration, that would alleviate problems of population growth. The MLP also placed first on its agenda the establishment of national broadcasting and the installation of a station for television transmissions, phenomena never yet experienced in Malta.883 For its part the PN promised to implement a national insurance scheme and to enlarge the pensionable establishment, giving priority to such measures over and above the building of low-cost dwellings.884 Both the MLP and PN reiterated their pledge to establish a machinery to regulate the tourist sector as part of a strategy to protect and develop agriculture, fisheries, trade and industry. They also bound themselves to eliminate discrimination between British and Maltese workers in services employment. The MLP and PN took different stands on constitutional and international matters. The MLP centred its electoral platform

879 Pirotta (1991) 239. 880 MGG 10565, 12.i.1955. 881 Ganado (1977) v3, 459. 882 TTM, 3.i.1955. 883 See MLP (1955) for the manifesto. 884 P, 15.i.1955.

122 mr mintoff’s absolute majority around the holding of a referendum to decide on Integration (territorial annexation) of Malta to Britain subject to the Maltese Parliament’s right to legislate on ‘local’ (religious, educational and family) matters. The MLP also recommended that the Maltese should be represented in the House of Commons, a proposal unprecedented in the history of the British Commonwealth. By contrast, the PN re-focused its electoral activities on the theme of Dominion status.885 Meanwhile, through a new organ under the title ‘Forward’, the PCP based its propaganda on the slogan that Malta should be autonomous within the Commonwealth.886 On the legislative extension and improvement of social services, education and health care, the political parties thus had much in common. Their proposed constitutional policies were opposed in principle and method. Nevertheless, they were agreed in favouring a decolonisation process in the context of economic development.887 The Governor and the Colonial Secretary, Lennox-Boyd, with the full backing of the British services, passionately supported the Integration proposal.888 In his customary pre-election Pastoral Letter, Archbishop Gonzi noted with satisfaction that all political parties promised loyalty to his Church. But he condemned any Integration that might endanger the religion of the country.889 The Leħen is- Sewwa assumed an unequivocal stance against Integration, fearing that the attainment of such a constitutional status would introduce civil marriage, divorce and birth control.890 The local Church, traditionally an institution committed to charity-giving, had lately provided for housing and social benefits.891 But it was still afraid that ‘mass tourism’ would secularise the family and society.892 It still looked at the country as a fortress of Roman Catholicism and wanted guarantees that no government would legislatively erode its values and teachings in a future which was

885 TTM, 18.ii.1955. 886 TTM, 18.i.1955. 887 Pirotta (1991) 21. 888 TTM, 20.xii.1954. 889 LIS, 18.ii.1955. 890 Buttigieg (1990) 30-34. 891 See 115, 116. 892 Camilleri (1999) 92-100.

123 constitutions and legislation in malta anyhow likely to bring Malta closer to the outside world via the technological marvel of television.893 Electorally, the major political parties criticised each other without citing any political issue except the Integration proposal. The PN, which wanted Dominion status as an alternative, tried to frighten the average Catholic Maltese voter with the argument that the MLP was ‘anti-clerical’. Boosted by unstinted GWU support, the MLP took to task the outgoing government for allegedly admitting several individuals to the civil service as part of an election spree.894 The MLP declared that it would remedy the matter by legislation.895 The MLP enjoyed political momentum from the outset. Throughout the electoral campaign it was considered to be heading towards an overwhelming victory.896 The electors voted it into government with 23 seats (56%), leaving only 17 (32%) to the PN and none to the PCP (2%). In both the large parties an impressive number of well-known individuals were elected. Among other deputies, there were the Minister for Social Services Emmanuel C Tabone, who was a leading expert on social services and had contributed to trade unionism, and the Minister for Justice Dr Ġużè Cassar. But a few new faces were given a seat such as Dr Kalċidon Zammit (MLP), Dr Alexander Cachia Zammit (PN) and Dr Giovanni Felice (PN).897 On the other hand, despite her control of , Mabel Strickland found it confirmed that neither personally nor as a party leader was she influential with the electorate. The MLP would lose no time availing itself of its unshackled absolute majority. As in 1947-1950, after years of comparative deadlock and sluggishness, it put the legislative process into full swing. However, first it had to settle the NATO question, which took a very interesting turn.898 On 2 March 1955, the Governor enacted the Headquarters Allied Forces Mediterranean Ordinance, or Ordinance I (1955).

893 See 140, 141. 894 See LIS, 15.i.1955. 895 See 124. 896 See TT, 20.i.1955. 897 RGE (1955) 413-420. 898 LHRPLLA, 1955-58, dos 5.

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But as the new political primus inter pares, Mr Mintoff reacted strongly albeit diplomatically.899 He requested Lennox-Boyd to intervene personally to restore the status quo ante by way of a deed that implemented the NATO privileges under the Customs Ordinance (1909)900 but with the proviso that the British government make up for any financial losses resulting from the measure.901 In fact, London’s change of heart towards Malta under the pro- Integration MLP was immediately testified. Within a fortnight, on Colonial Office instructions, Sir Robert Laycock enacted a second Ordinance to repeal Ordinance I (1955) and implement Mr Mintoff’s suggestion.902 The British government had similarly altered its attitude in 1927-1930 when the imperialist CP-LP had been elected.903 However, the way the question of NATO was settled between Mr Mintoff and London did not guarantee that on issues concerning the Maltese Imperial Government,904 Sir Robert would not in the long run embitter and strain all personal ties with Mr Mintoff.905

12.1. INTEGRATION

The period 1955-1958 has two phases divided by the holding of the Integration Referendum in 1956. Apart from the initial issue surrounding the NATO Headquarters, the first phase is largely overtaken by the Referendum preparations, including the controversial enactment authorising its holding. However, time is also allocated for conducting expert studies in connection with the enactment of important statutes and with the implementation of amendments to principal laws.

899 NARMD-Laycock/Lennox-Boyd 16.iii.1955. 900 See Vol 1 71. 901 Buttigieg (1990) 42. 902 NARMLGO-230/1955. 903 See Vol 1 202 et seq. 904 See 168 et seq. 905 Pirotta (1991) 257-287.

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In a bid to assert a strong bargaining position within the condominium, the MLP immediately sent Sir Robert Laycock an impressive list of complaints. Principally, it asked for the removal of discriminatory wages between Maltese and British employees. The MLP also set itself to handling the most arduous tasks. First, it tackled the implementation of several social measures, especially employment and relief grants to expand the welfare system. Then, to revamp the industry and tourism of the country, it initiated a vast programme of development projects, primarily the building of hotels and restaurants along the few sandy beaches of Malta. Above all, it undertook the first preparations for the holding of the Integration referendum. It brought over to Malta a number of British experts to compile reports, and investigate and recommend the necessary legislation. It started with GA Atkinson, a Housing Advisor to the Colonial Office on housing and industrial laws.906 Atkinson particularly stressed that the rate of house building was disproportionate to the pending circa 50,000 applications for accommodation. Since 1947, the responsible government had built 973 dwellings and reconstructed 5,114 units, mainly on the basis of War Damage Funds. Private entrepreneurs had erected another 4,628 houses. Indeed, the private sector contributed considerably to the shortage of housing after the war. A new generation of leading constructors who contributed to sanitary and useful development emerged more equipped with modern equipment like the Grima Tal-Qutu, Vassallo Ta’ Miju and Gatt Tal-Gżejri brothers who replaced traditional enterprising developers like the Micallef Tal-Gażżu and Scerri Tal-Fifru families.907 Meanwhile 48,783 Maltese had emigrated to the United States, Australia and New Zealand as the main English-speaking countries.908 But more houses were needed to cope with the ever-expanding population. As the prime cause for the excess of

906 NARMLGO-346/1958. 907 The author bases such information on Maltese collective memory which he has been compiling for years and which he intends to publish in the future. 908 PDLA, 4.ii.1958.

126 mr mintoff’s absolute majority demand over supply, Atkinson blamed the effects of the current rent regulation of urban properties.909 He emphasised the need for ‘decontrol’ or the complete removal of the relevant 30 years old protectionist measure.910 The MLP would not implement a measure that ran diametrically opposed to its ideology and found disfavour among the low-wage voters. On 12 April 1955, the MLP welcomed another British consultant whom it considered as the principal and most important economic expert, Dr Thomas Balogh.911 Dr Balogh was a left-wing fellow of Balliol College, Oxford. He seemed to come to the country with decisions already well-settled and in perfect harmony with the views of his friend Prime Minister Mintoff.912 Together with his assistant Dr Dudley Seers, Dr Balogh carried out his enquires over a period of two months.913 During this period, another MLP expert invitee WA Muller CMG, Inspector- General of Colonial Police, suggested that the government should remove the Malta Police Force from the civil service department and give it an autonomous special status with the additional right to enrol policewomen.914 On 14 July 1955, Dr Balogh published a ‘very serious and practical’ interim albeit detailed economico-financial report. Mr Mintoff expressed readiness to implement such a report in about three years’ time through the preparation of an ambitious five- year development plan to change Malta and its harbours into a hub of tourism, industry and services.915 Dr Balogh maintained that Malta should be rendered an industrial and tourist centre with the extension and modernisation of the Grand Harbour and other ports, the development of industrial estates, the erection of hotels and casinos. Dr Balogh also said that Malta should place the agricultural and fishing sectors under a new development corporation. Dr

909 Atkinson xvi-xxvii. 910 See 44, 47 and Vol 1 155, 156, 205, 209, 210, 216, 267. 911 Azopardi (1986) 3. 912 Ganado (1977) v4, 8. 913 LHRPLLA, 1955-58, dos 69. 914 Muller 23-24. 915 Ganado (1977) v4, 9-10.

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Balogh, who had little to say about banking, was clear that Britain had a legal and moral obligation to give financial assistance to Malta because, while it had neglected the country, the British fighting services and now NATO used Maltese soil without pay. Thus, he regarded Integration the best solution.916 On the basis of the Balogh Report, the MLP and London discussed the economic help that Malta would require in the following few years, whether Integration would become a reality or not.917 In the meantime, the MLP set about enacting a long list of legislative measures. It enacted 30 Acts overall in the first session, including urgent measures and failed proposals of the previous MWP or coalition governments (1950-1955). It started with a bill to establish an employment service board to re-process all civil servants enrolled in the period before the election.918 During the electoral campaign, the Prime Minister had said that all those who had been so recruited would be discharged and replaced.919 The Opposition counter-attacked.920 The MLP ally, the GWU, expressed the fear that the British services would follow suit. The MLP government delayed the enactment of the employment service proposal by a few weeks to give more time to the Minister for Emigration, Labour and Social Welfare, EC Tabone, to reach agreement with the British services on the measure.921 The MLP gave priority to an amendment to Ordinance IX (1941) to increase pension rates to injured or disabled civilians.922 It passed the measure, Act III (1955), with retroactive effect from 1 October 1953,923 namely from the date when the Opposition (then in government) had intended to enact it under the aborted Industrial Injuries Bill.924

916 Balogh 75-76. 917 Pirotta (1991) 77-78. 918 PDLA, 20.iv.1955. 919 See 124. 920 TTM, 28.iv.1955. 921 RELSWD 1956, v. 922 See 43, 44. 923 NARMLGO-251/1955. 924 See 111, 112, 117, 119.

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The MLP also passed Act IV (1955) to increase the price of Addolorata Cemetery graves and, hence, raise government income by the sale of burial plots.925 There followed Act V (1955), to amend the Re-letting of Urban Property Ordinance (1931)926 and protect clubs, and Act VI (1955) to amend Ordinance VII (1905) to legalise the closure of public gardens for more than four consecutive days. By virtue of Act V, philharmonic and benefit societies were protected. On the strength of Act VI, large spaces for holding national trade fairs in promotion of tourism were provided.927 Indeed, the Band Clubs Association welcomed Act V (1955). But it was the philharmonic society La Vittoria of Żurrieq, whose President was the Minister for Justice Cassar, that benefitted most from such an Act as it was leased in premises under a lease that was about to expire.928 On 27 May 1955, the MLP enacted the statute to establish an employment service under an Employment Service Board – Act XIV.929 Immediately afterwards, it passed a statute to provide for the publication of statistical information – Act XV.930 The MLP further explained that employers would be permitted to recruit over 50 employees subject to the relevant board’s vigilance and investigation.931 It reiterated that no one would be employed in the civil service unless he was ‘competent’. Persons were no longer to be engaged via political patronage.932 It proceeded with adopting the Board’s advice and removing some 600 government employees, thereby generating general disquiet for some months.933 Under Act XV (1955), the MLP protected individual information given for statistical purposes.934 In June-July 1955, Mr Mintoff led a delegation to Britain where, with the assistance of experts including the new Attorney

925 PDLA, 20.iv.1955. 926 See 216. 927 PDLA, 27.iv.1955. 928 See GCIntr. 929 NARMLGO-292/1955. 930 NARMLGO-297/1955. 931 Pirotta (1991) 201. 932 PDLA, 20.iv.1955. 933 Azopardi (1986) 2. 934 NARMLGO-297/1955.

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General Dr OBE, QC (1955-1957), he discussed the Integration proposal and asked for social assistance.935 He reached an agreement with the British government to send a third expert from the Ministry of Pensions and Insurance to Malta, Mr A Patterson CMG, to give advice on the preparation of a national insurance measure to be established after the Integration Referendum was held in 1956.936 Till the end of 1956, Mr Mintoff extended the Petroleum Company’s oil exploration licence, which included detailed conditions covering the supply of samples and a time-limit for drilling.937 On 28 July 1955, the new and pro-Integration British Prime Minister Sir Anthony Eden938 nominated a 17-man Round Table Conference under Chairman Lord Chancellor Viscount Kilmuir to enquire into the constitutional question arising from the electoral proposals for Malta’s Integration with Britain.939 British newspapers wrote that everyone was anxious to honour the special claim which Malta had on British goodwill for historical, legal, economic, strategic and heroic reasons.940 The Round Table Conference held 15 plenary sessions, including three meetings in Malta in October during which the local political parties reiterated their ideological and electoral views on the Integration question.941 In addition, the Conference listened to the views of the local Roman Catholic Church and to the opinion of several influential and leading constituted bodies, including the GWU, the Chamber of Advocates, FOI, and Chamber of Commerce.942 Mr Mintoff, convinced that Archbishop Gonzi was against social change and against any infrastructure to promote tourism such as the construction of a casino,943 publicly guaranteed that Integration with Britain would not alter the status of the Roman

935 NARMOPM-512/1955. 936 PDLA, 7.iv.1956. 937 See PDLA, 25.ii.1958. 938 Eden 383-393. 939 DHC, 28.viii.1956. 940 TTL, 7.vii.1955. 941 Luke (1965) 238. 942 Sacco (1985/1) 184. 943 Mintoff (1961) 4.

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Catholic Church in Malta.944 He repeated that legislation would be ‘Catholic-inspired’.945 But Archbishop Gonzi persisted in the belief that Mr Mintoff sought to sow Communism in Malta and feared that Integration would result in the infiltration of into Malta. The spiritual leader demanded guarantees more concrete than verbal assertions. He basically wanted the MLP to undertake the necessary legal adjustments to prevent the introduction of civil marriage.946 Following the Archbishop’s lead, the Chamber of Commerce declared its anti-Integration stance in a memo, which it submitted over the signature of Dr Herbert Ganado. Dr Ganado, an ex- internee, ex-editor of the Church newspaper and confidante of Archbishop Gonzi, had only recently declared himself a PN activist and overt anti-Integration lawyer.947 The Round Table Conference held its investigations and prepared its report over a period of eight weeks during which the MLP took the first steps to implement the important Balogh recommendation to promote industrialisation. It froze lands near the Addolorata Cemetery to develop them into an industrial estate,948 and it announced that in the near future it would bring forward legislation to expropriate and assess properties within the same areas for the same purpose.949 The Conference presented its report to Prime Minister Eden on 9 December 1955.950 It noted that British politicians were as much in agreement about the need to enhance the status of the Maltese legislature, as they were divergent on the future constitutional position.951 The Conference proceeded with declaring favour for a form of Integration that would encompass the right to elect members in the House of Commons.952

944 Buttigieg (1990) 59. 945 Frendo (1993) 738. 946 TTb, 26.ii.1955. 947 Ganado (1977) v4, 62. 948 MGG 10702, 12.xi.1955. 949 See 135, 137, 138. 950 TTL, 8.xii.1955 and TTM 10.xii.1955. 951 Pirotta (1989) 209-254. 952 See also TTM 17.xii.1955/22.xii.1955.

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The Conference stated that Archbishop Gonzi’s fears that legislation touching religious matters would be based on the dictates of were baseless on historical grounds. Like Mr Mintoff, Lord Kilmuir believed that the 1802 Declaration of Rights, including the exercise of Roman Catholicism, could always be enshrined in a new Constitution.953 The Conference added that if London accepted Malta’s ‘practicable and reasonable’ request for representation in the House of Commons, then Britain would set a precedent that influenced the future of other colonies. It concluded that the necessary constitutional changes had to be effectuated should the Maltese people clearly and securely tender evidence of their will for Integration.954 The MLP enthusiastically declared that it would immediately make legislative provision for holding the Integration Referendum.955 The MLP fixed the deadline at 7 July 1956. But as it had ‘important legislation’ in programme, it put back the date of the referendum to 12 and 13 February 1956.956 Adopting the voting machinery that was used in general elections, and hence familiar to electors, the MLP enacted a bill – Act XLV (1955) - to put the holding of the referendum on a proper legal foundation.957 However, it inserted the principle of voting by proxy, giving the right to an illiterate voter to ask a ‘trusted friend’ to vote for him.958 The MLP explained that the relevant clause ensured that the voter would cast his ballot according to his wish.959 The PN retaliated by arguing that the Act was ‘undemocratic’ and ‘unconstitutional’. Firstly, it remarked that ‘everyone knew each other in Malta’.960 Secondly, it said that the Referendum Act involved a change to the 1947 Letters Patent, which only 2/3 of the Legislative Assembly’s votes could alter.961 Sir Arturo Mercieca under the pseudonym ‘Cato’ called the ‘trusted friend’

953 See Vol 1 18. 954 RMr TC, 10-28. 955 PDLA, 16.xii.1955. 956 MGG 10731, 29.xii.1955. 957 NARMLGO-436/1955. 958 MGG 10721, 16.xii.1955. 959 S, 13.i.1956. 960 PDLA, 22.xii.1955. 961 MT, 31.i.1956.

132 mr mintoff’s absolute majority voting principle ‘abnormal’.962 At the risk of her imperialist reputation among pro-Integration colonial officers, Mabel Strickland impugned the vires of the Act by taking action against the Governor as the head of the legislature. The Court of Appeal decided that he was also the Head of State and was thus immune from court proceedings963 under Proclamation V (1828).964 The PN intensified its anti-Integration propaganda, ordering its members to abstain from voting in the referendum. The local Church, which pressured for ‘guarantees’, came down on the side of the political anti-Integrationists. In turn, the PCP and PN prominently reproduced or reported her statements.965 In effect, during the relevant campaign, the MLP and the Church manifested great mutual hostility,966 bringing to mind the 1927- 1930 politico-religious battle.967 The local Church gave its fiat to a Diocesan Junta composed of the main pro-Catholic societies and groups, including the Catholic Action and MUSEUM, to make anti-Integration appeals.968 Before Archbishop Gonzi closed his Church’s campaign with a Pastoral Letter carrying strong undercurrents against Integration, the spiritual leader of the country personally implored the Holy See to intervene in the matter.969 Meanwhile, the MLP defended itself against allegations by its adversaries that it was engaged in ‘violent demonstrations’ and ‘rowdy meetings’. It answered that it had tolerated no more than legitimate ‘heckling’.970 Principal exponents on both sides of the campaign instituted libel cases against each other.971 Other work did not stop. Thus, in the referendum run-up, the Commercial Partnership Law Reform Commission (1954) published its findings in a report and a draft bill on the basis of

962 Mercieca (1969) 360. 963 TTM, 24.i.1956. 964 See Vol 1 29. 965 See TTM 30.i.1956 and MT 31.i.1956. 966 Pirotta (1991) 144-162. 967 See Vol 1. 202 et seq. 968 See LIS, 1.ii.1956. 969 TTM, 23.i.1956. 970 NARMOPM-1379A/1955. 971 Ganado (1977) v4, 110-111.

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UK Companies Act 1948972 and the Italian Civil Code 1942.973 Also, by passing a statute to provide financial assistance to farmers and fishermen (Act II 1956), the MLP tried to boost support among the agricultural community.974 It was clear that if Integration was to be carried through it needed a massive vote in support. It was not the kind of thing that could be undertaken on the strength of a narrow majority. In the event around 90,300 persons (59.1%) out of 149,500 voted in the referendum, the first since 1870.975 An approximate 67,500 voters opted for Integration (i.e. 74.8% of the votes cast or 44.2% of the total electorate). Even though the MLP had begun its first legislative session with enacting the Employment Service Act, a drastic measure with disquieting effects,976 this was the same percentage of votes as the MLP had obtained in the general polls in the previous year. The British press considered it a favourable result but the last word rested with the British government and Parliament.977 On 26 March 1956, the British House of Commons met to discuss the Round Table Conference report in the light of the referendum result that was susceptible of various interpretations because of the approximate 59,000 anti-Integration absentees.978 The House of Commons disagreed about whether the referendum result was a sufficient indication of the will of the Maltese people on Integration.979 At the end of a debate oscillating between storm and calm, with even Catholic Members displaying diametrically opposed views, the House of Commons of the British Parliament decided that the British government should forge rapprochement between the Maltese State and Church, and then implement the

972 11&12 Geo 6, ch38. 973 See NARMAG-697/1961. 974 NARMLGO-222/1956. 975 See Vol 1 50. 976 See 124. 977 Pirotta (1989) 379-398. 978 DHC, 26.iii.1956. 979 See also TTM 26.iii.1956/4.iv.1956.

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Conference Report.980 Prime Minister Sir Anthony Eden declared that his government would introduce legislation to effectuate the entire Conference Report but would re-submit to a popular vote in Malta the proposal for Malta’s representation in the British Parliament.981 The MLP was encouraged by the outcome of the referendum and the resolution of the House of Commons. It proceeded with legislative measures on social services and tourism, programmes which of course carried huge financial implications. It also carried on with the measure to establish a system for expropriating property in certain areas with the object of industrial development.982

12.2. CRESCENDO AND COLLAPSE

The second phase of the 1955-1958 administration under Mr Mintoff sees the undertaking of initiatives to enlarge the country’s social services, tourism and industrialisation. It is a period when the MLP’s ambitious programme of legislation approaches its climax. The Mintoff government’s first statutory measures of an innovative character are effectively the fulfilment of his party’s electoral promises and concern socio-medical relief: national health, insurance and assistance schemes. The anticlimax suddenly supervenes, with Britain’s volte-face on Integration and Mr Mintoff’s embittered resignation.

In 1956, the MLP held talks with interested groups both in Malta and London to try and conclude the necessary agreements on such measures. It reached consensus with the Colonial Office on national insurance, agreeing that the relevant scheme would be financed on the basis of the pay-as- you-go principle.983 However, it had to withdraw the national

980 Ganado (1977), v4, 38-39 and 89. 981 DHC, 28.iii.1956. 982 See 131, 137, 138. 983 RELSWD (1957), xxxv.

135 constitutions and legislation in malta health scheme because the medical union opposed the scheme forcefully984 and government doctors resigned.985 Dr Schembri Adami, together once again with the GWU co- founder Karmenu Ellul Galea, Major Amato-Gauci and the new Deputy Attorney General, Dr Maurice Caruana Curran,986 framed twin bills to introduce national insurance and assistance.987 Minister Tabone, who traced the thematic history of the bills since the origin of their precursor, the Workmen’s Compensation Act (1929),988 indicated that their draftsmen had used a report on social services and a first draft of the British adviser Mr Patterson.989 Dr Schembri Adami and Mr Ellul Galea indirectly incorporated suggestions of the GWU, the Chamber of Commerce, the Civil Servants Association and an Archbishop-nominated social committee.990 Subject to the issue of a National Insurance (Armed Forces) Order,991 Minister Tabone held talks with the Defence Departments in Malta to extend the effects of the Insurance Schemes Bill to British services employees.992 Mr Tabone explained that the first measure purported to establish the relevant schemes on a contributory basis. Through funds of the Maltese government, individual employers and employees, the measure proposed to provide cash benefits in case of sickness, unemployment, widowhood, orphanhood, old age, and industrial injury to persons over 14 years who registered and remained insured under the law.993 Minister Tabone added that the second assistance measure sought to fill in the gaps of national insurance by giving legal standing to public assistance from public funds in the form of medical subsidies in cases of tuberculosis and similar diseases, and

984 German 15-29. 985 TTM 17.iv.1956. 986 See MCCIntr. 987 Ellul Galea (1982) 141. 988 See Vol 1 209, 210. 989 See 130. 990 PDLA, 7.iv.1956. 991 See 139. 992 MGG 10796, 14.v.1956. 993 NARMLGO-267/1956.

136 mr mintoff’s absolute majority social subsidies for free hospitalisation in cases of destitution.994 Mr Tabone said that both the national insurance and assistance measures were prima facie extensive although they did exclude the self-employed and certain categories of workers.995 Dr Zammit (MLP) also dwelt in detail on the twin measures making the assertion, which was historically correct, that social laws were always motivated by medical ideas.996 The Opposition lauded the novel twin measures as milestones that would greatly refine the edifice of social services. It referred particularly to the long social contribution of benefit societies, which were on their way to a quick but smooth extinction. Desiring the inclusion of the self-employed as national insurance beneficiaries,997 the PN voted in favour of the enactment of the two bills: Acts VI and VIII (1956).998 The MLP enacted the statute to establish expropriation for industrial development, Act IX (1956), almost together with Acts VI and VIII.999 Minister Dr Ġużè Cassar reported that while keeping in line with the Balogh Report, Act IX (1956) was complementary to Ordinance XL (1935).1000 He explained that the Act extended the scope of the existing procedure to the harbour and industrial areas, including Marsa, areas outside towns and villages.1001 Dr Cassar said that the 1935 Ordinance could be utilised only for residential purposes and prospectively, while Act IX (1956) was to apply to industrial estates and ex post facto to the date of publication of the relevant report (14 July 1955).1002 Over the next two months, the MLP implemented the national insurance and assistance schemes. It passed a statute, Act XVI (1956), to promote from time to time a government lottery restrictively to Malta residents.1003 Taking the advice of

994 NARMLGO-280/1926. 995 Ellul Galea (1982) 414. 996 PDLA, 14.iv.1956. 997 See ACZIntr. 998 PDLA, 28.iv.1956/18.v.1956. 999 NARMLGO-283/1956. 1000 See 20. 1001 See 131, 135. 1002 PDLA, 14.vii.1956. 1003 NARMLGO-307/1956.

137 constitutions and legislation in malta the British Labour Minister and expert CJ German, it also constituted an independent civil service committee for advocating substantial increases for professionals and middle and senior grade workers.1004 By submitting a package of proposals that included the incorporation of the Church- claimed ‘guarantees’, the British government attempted to settle the MLP-Church dispute. The entrenchment of the terms of the (Roman Catholic) Religion of Malta Declaration Act or Act I (1922)1005 in the event of an Integration Constitution, was mentioned with prominence.1006 In June 1956, Dr Borg Olivier wrote to the Commonwealth Prime Ministers to draw their attention to the fact that any change in the Maltese Constitution required two-thirds of the members of the Legislative Assembly.1007 He referred to the purely legal aspect of the matter, which was replete, of course, with political implications. At this point, the British government started to feel that any positive outcome on Integration would involve huge financial burdens, especially owing to the enlarging social services system.1008 It took until as late as 17 October 1956 to issue a National Insurance (Reciprocal Agreement) Order to give effect to the Anglo-Maltese agreement of May 19561009 and so provide for reciprocity between the two countries in social insurance matters.1010 The British government caused a sharp downturn in Anglo-Maltese relations.1011 Under Prime Minister Eden and the new Minister for Defence Duncan Sandys, the British agreed with France to try to undo the Egyptian nationalisation of the .1012 British and French forces attacked that country after sailing from Malta.1013 On 25 October 1956, Sir Robert Laycock accepted a London direction to

1004 RELSWD 1956, xvii. 1005 See Vol 121, 122. 1006 Pirotta (1991) 185-195. 1007 Sacco (1985/1) 185. 1008 Ganado (1977), v4, 90. 1009 See 136. 1010 MGG 10864, 27.x.1956. 1011 Pirotta (1991) 275. 1012 Ganado (1977) v4, 170-173. 1013 Fino 82-83.

138 mr mintoff’s absolute majority take measures to control information regarding naval, military and air forces.1014 Without due consultation with the Maltese Government, he passed Ordinance I (1956) precisely to ensure security of communications. Control was imposed on postal matters, telegrams were censored, overseas telephone messages were stopped, while wireless transmissions were suspended.1015 Sir Robert enacted the Ordinance prior to the military assault on , an assault so unsuccessful as to mark the end of the Empire.1016 Harsh opposition came from the whole Maltese Government, not least because he permitted the Legal Adviser Austin to use the expression ‘Malta Government’ which could be read as covering both sides of the diarchy.1017 In 1956, the British government showed signs of vacillation as regards future relations between Britain and Malta. Its commitment to Integration began to crumble. On the one hand, it reverted to viewing Malta through the traditional imperialist lens, considering Malta a fortress-colony of incomparable strategic value. Then the Suez fiasco added a new dimension. Faced with the truth that its imperial role was coming to an end, Britain’s perception of Malta changed. For the first time since the Treaty of Paris of 1814, Britain ceased to view and value Malta as a fortress-colony. In consequence, Britain prepared a massive run-down of its military services and started preparing to close the Dockyard. From this point, Mr Mintoff and the MLP Cabinet lost faith in London, first for the latter’s initial decision to return to the fortress-colony policy, and then for the abrupt resolution to close the Dockyard. They ordered the suspension of broadcasting and stopped negotiations with the British Petroleum Company for a further extension of the oil exploration licence.1018 Mr Mintoff and his Cabinet postponed another Balogh proposal to grant

1014 NARMD-Lennox-Boyd/Laycock 25.x.1957. 1015 NARMLGO-396/1956. 1016 Porter 327-328. 1017 NARMLGO-240/1958. 1018 PDLA, 25.ii.1958.

139 constitutions and legislation in malta new industries aids and exclusive rights1019 under the Monopolies Act (1925).1020 Such rights now included a 10 years ‘tax holiday’ or non-payment of fiscal or customs revenue over initial costs. In short, the MLP suspended a plan to generate economic activity and employment through the building of hotels and accommodation along the coast as part of the inevitable development of the tourist sector in the not-too-distant future.1021 But its reaction did not stop there. Labour party supporters removed relays and transmission poles belonging to the British Rediffusion Co.1022 In regard to that incident, Dr Borg Olivier remained so lukewarm that Dr Herbert Ganado and followers protested against their leader. Though they continued to operate within the party, they formed a splinter group threatening to found a new nationalist party in the event that the situation remained unchanged.1023 At the same time another change was taking place. Malta was witnessing developments that would change the practice and the law relating to broadcasting.1024 A certain Frank Bonnici contrived a television picture apparatus by virtue of which he intercepted audio-visual transmissions coming from nearby Italy via antennae mounted in .1025 By January 1957 a few established businessmen were beginning to import the first TV sets from Germany, exhibiting them in their shop windows in Valletta and Ħamrun where crowds of people gathered to watch Radio Televisione Italiana (RAI) transmissions.1026 The Maltese Imperial Government did not rejoice at seeing Italian influence again infiltrating into the country now via as effective a medium as television. A country where compulsory education was only until 12 years of age,1027 Malta was considered

1019 NARMOPM-1009/1956. 1020 See Vol 1 159. 1021 NARMOPM-536/1958. 1022 LHRPLLA, 1955-58, dos 654. 1023 Ganado (1977) v4, 144-145. 1024 See 20, 21 on the introduction of broadcasting. 1025 Bezzina (1962) 52. 1026 See CDIntr. 1027 Naudi 13.

140 mr mintoff’s absolute majority a ‘fringe area’ vulnerable to outside television broadcasts.1028 At the first opportunity, without making arrangements with the BBC to receive British telecasts, the Governor took control of Rediffusion House. While filling the relevant schedule with religious sermons and talks critical of the MLP government, he intercepted transmissions from Italy and insisted on programmes of locally televised broadcasts.1029 At the dawn of 1957, the pro-Integration Sir Anthony Eden resigned as Prime Minister. He was succeeded by Harold Macmillan. The new Prime Minister was an anti-Integrationist for financial and economic reasons.1030 Although this was a mortal blow to the Integration proposal,1031 the MLP proceeded with its legislative programme. It undertook further social and infrastructural projects, primarily industrialisation and the development of the tourist sector.1032 While the MLP also took the counsel of the Chamber of Commerce, FOI and new Institute of Accountants on the published draft Commercial Partnership Bill and report, it invited other British experts to come to Malta to give their advice on the implementation of such projects.1033 The MLP discussed at length in the Assembly a bill to amend the Code of Police Laws (1854), Act II (1957), to classify hotels, restaurants and lodging houses. Such establishments were bound to proliferate along the rather few beaches around Malta as a result of the introduction of organised mass tourism.1034 On 26 March 1957, Minister EC Tabone announced that the government intended to co-ordinate, under the responsibility of the Ministry for Emigration, Labour and Social Welfare, the welfare of needy children such as illegitimate children, orphans and the offspring of broken families.1035 As it happened, the MLP turned to English experts for help to diversify its economy

1028 See 62 on compulsory education. 1029 Sacco (1985/2) 74-75. 1030 See Horne on Macmillan. 1031 Pirotta (1991) 258. 1032 Ganado (1977) v4, 170. 1033 NARMOPM-1693/1958. 1034 NARMLGO-220/1957. 1035 PDLA, 26.iii.1957.

141 constitutions and legislation in malta at the very time when, for economic reasons, Britain refused for the second time to join France, Italy, Germany and the Benelux countries to form two other European Communities, namely the European Atomic Energy Community and the European Economic Community.1036 In April, the MLP brought over Mr Dodo Lees and Mr Berkeley Hollyer to recommend legislation to organise and regulate tourism and the services industry. It also invited the British Secretary of State for Defence Mr Duncan Sandys, who came to Malta to hold talks with Mr Mintoff on the rumoured Admiralty plans to close down the Dockyard.1037 Moreover, the MLP invited a former Deputy Secretary at the British Home Office, Mr John Ross, to prepare a report on the care of children and probation in the country, and to suggest the necessary legislation.1038 John Ross met Mr Mintoff, Minister Tabone, Archbishop Gonzi, delegates from the Union of Teachers and other individuals and bodies. He also visited some of the century-old charitable institutions such as the State Reformatory, the Jesus of Nazareth Institute at Żejtun, the Conservatorio Vincenzo Bugeja at , and other Church or privately controlled children’s homes. Dealing also with ancillary or corollary matters like the supervision and adoption of children, approved schools and juvenile courts, Mr Ross recommended that the government should assume responsibility for the infant care that had traditionally belonged to the local Church. Mr Ross suggested that the conferment of inheritance rights in an adoptive family to the exclusion of a natural family would have the good result of putting an illegitimate child in the same position as the legitimate one. He proposed to follow the English Criminal Justice Act (1948)1039 and legislatively introduce probation officers as supervisors of both juvenile and adult offenders.1040

1036 Cannon 357-358. 1037 See 168 et seq. 1038 PDLA, 4.xi.1957. 1039 11&12 Geo 6, ch58. 1040 Ross, xii-xvii.

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The MLP had sufficient time to implement the greater part of the Ross Report. It required a longer period to effectuate other statutes. The tourism measure, for one, involved specifications varying from the development of the harbours, the reclamation of sandy beaches and the construction of hotels and other accommodations to publicity and promotion via the Rediffusion broadcasting service and other contemporary media, politically instrumentalised by Sir Robert Laycock.1041 The Senior Counsel of the time, Dr Wallace Gulia, drafted the Probation of Offenders Bill,1042 using the British Children and Young Persons Act (1933)1043 and a Palestinian Ordinance of 1944, the first colonial enactment on the subject-matter since Lord Moyne’s circular of 1941.1044 However, Dr Gulia included the concepts of ‘absolute’ and ‘conditional discharge’ of convicts committing crimes punishable with less than 10 years imprisonment.1045 On 17 July 1957, the MLP enacted the law as Act XII. But until such time as the Minister for Justice might be satisfied that the first group of England-trained officers could operate under the system,1046 the Bill’s effects were suspended so that the ‘first offender’s benefit’ in the Criminal Code (1854) continued to apply.1047 The MLP proceeded with putting new or pending legislation into effect after the summer recess. In anticipation of the effective implementation of the relevant enactment, it re- organised the Department of Emigration, Labour and Social Services, creating a new division for the care of children and probation work. It returned to legislative measures governing the social and medical fields. There was a statute to extend the old age pension system to blind children, and another to improve the employment service and the twin national insurance and assistance (Acts XVI/XIX

1041 See 140, 141. 1042 See MCCIntr. 1043 23&24 Geo 5, ch12. 1044 See Vol 1 44. 1045 NARMLGO-340/1958. 1046 NARMLGO-322/1957. 1047 See Vol 1 66, 67.

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1957), as well as a statute to provide for the notification of cancer (XXI 1957).1048 There was also a statute to re-enact the Hours of Employment Ordinance (1936)1049 and place hawkers on an equal footing with shop-assistants and other workers (Ordinance XXIV 1957).1050 The MLP introduced a bill to establish and regulate the tourist sector, and another complementary bill to organise the taxi service as part of a whole strategy to develop Mellieħa and Paradise Bays, forge contacts with Italian, Dutch and Belgian travel agencies and enhance the quality and quantity of the relevant promotional literature.1051 After long and difficult negotiations, involving the foreign technical advisors Professors Sylos Labini and Patrick Burgin, a third bill was brought forward to legalise a new oil prospecting and mining agreement with the British Petroleum Co.1052 The PN, and also interested bodies such as the Chamber of Commerce, admitted that the legislative measures concerning tourist development were in the right direction.1053 The Opposition also understood that if the British company were to strike oil, then any Maltese government would find it easier to change the country’s economy from military-based to tourism-oriented.1054 The MLP did not pass the bills by the end of the year because of intervening political developments on Integration. On 30 December 1957, Prime Minister Mintoff referred to London’s lack of a definite decision on the Integration project, and its failure to repudiate plans to close down the Dockyard and cause the loss of 42,000 jobs. He moved a ‘Break with Britain’ Resolution. That resolution signalled the end of Integration. Dr Borg Olivier and his party in Opposition unanimously supported Mr Mintoff and his government ‘out

1048 NARMLGO-401/1957. 1049 See 31. 1050 NARMLGO-406/1957. 1051 PDLA, 17.xii.1957. 1052 See 118, 130, 139. 1053 Vassallo (1998) 112-113. 1054 See PDLA, 25.ii.1958.

144 mr mintoff’s absolute majority of duty not courtesy’.1055 The Church, the College of Parish Priests, legal procurators and other anti-Integration bodies seconded the Resolution with greater enthusiasm.1056 Mr Mintoff was so angry that he did not turn up for the inauguration of a new Rediffusion House, including studios, at Gwardamanġa.1057 He addressed mass meetings and demonstrations at which he declared that his party had to return to its continuing legislative duties, including the Petroleum Bill.1058 He announced that he would resign unless Britain made the necessary guarantees and remedied the situation.1059 The MLP attached great importance to the statute to organise mass tourism, Act II (1958). This statute had the object of vesting in the government the control of travel agents, the appointment of a Tourist Board, the issue of regulations and the grant of licences to guides.1060 Act II (1958) had in its view to be understood in the light of the other Act to classify hotels and lodging houses,1061 and other kindred measures to standardise the taxi service in line with international criteria.1062 The MLP also wanted to take advantage of the bill to ‘ratify’ the petroleum agreement to supersede the 1947 Ordinance,1063 and establish a new petroleum exploration regime that would vest the ‘Maltese Government’ with the right of ownership of all petroleum and natural gas within the territory of Malta.1064 On the advice of the constitutional lawyer and new Attorney General John Joseph Cremona (1957-1964)1065and the Colonial Office, the MLP strongly argued against the omission of petroleum exploration from the list of reserved matters under

1055 PDLA, 30.xii.1957. 1056 Frendo (1993) 747-782. 1057 Sacco (1985/2) 70-71. 1058 See 144. 1059 Ellul Galea (1973) 334 passim. 1060 NARMLGO-223/1958. 1061 See 141. 1062 See 172.. 1063 See 94, 95. 1064 PDLA, 25.ii.1958. 1065 Schiavone (1997) 189-190.

145 constitutions and legislation in malta the operative Constitution Letters Patent. It said that such an omission had brought it about that the expression ‘Malta Government’ in the repealed 1947 Ordinance1066 must mean the ‘Maltese Government’ and not the whole diarchy including the ‘Maltese Imperial Government’ and thus the Crown. The Colonial Office feared that if it disapproved the new Petroleum (Production) Act, it would meet with fierce political opposition and precipitate a political catastrophe.1067 So, while Mr Mintoff was back in London to fight for the Integration and Dockyard issues, London approved the relevant measure as Act IV (1958).1068 Mr Mintoff, who together with his Ministers boycotted the inauguration of a new airport terminal at Luqa, reiterated his threat to wage a new battle if Britain did not remedy the political and economic situation of the Maltese.1069 Although he certainly had also in mind the idea of active neutrality for Malta on the Swiss model, he said that he would inevitably fight for Independence.1070 He swung the pendulum to Independence as an alternative solution to Malta’s economic woes once ‘territorial annexation’ failed for financial reasons.1071 Even though, unlike the PN, he had never considered this constitutional status a political goal, inexorably, he accelerated the pace towards Independence.1072 On 21 April 1958, in protest at the British government’s failure to implement Integration and to withdraw its plans to close down the Dockyard, Mr Mintoff tendered his resignation.1073 Wounded by what he called the British government’s unilateral decisions on Malta’s constitutional status,1074 he thus abruptly interrupted an administration with a five-year development plan. In addition to the conversion of Malta into a hub of tourism,

1066 See 94. 1067 NARMLGO-240/1958. 1068 TTM, 9.iii.1958/22.iii.1958. 1069 Ganado (1977) v4, 180 and 213-217. 1070 Mr Mintoff (1958/1) 40. 1071 Strickland (1959) 83-101. 1072 Hel, 20.iv.1959. 1073 PDLA, 21.iv.1958. 1074 Mintoff (1958/2) 6-15.

146 mr mintoff’s absolute majority industry and services, there remained on the table important legislative proposals about institutional infrastructure relative to the grant of aids to industries and on the reform of the Police Corps.1075 Dr Borg Olivier, who led his party executive to dismiss Dr Herbert Ganado and followers for protesting against his stance on the ‘Rediffusion Poles’ incident,1076 refused to form a new government ‘just to see it defeated’.1077 Unable to form a government under the 1947 Constitution, the Governor Laycock asked London to impose forthwith a state of emergency.1078 A very fruitful term for Maltese legislation and the country’s legal system came to a sudden end. In 1955-1956, legislation was enacted to hold the Integration referendum. But a number of statutes were passed to consolidate the system of social services. At long last, the measures to introduce national insurance and assistance were implemented following agreements with the War Department to exclude imperial government employees. Two controversial Ordinances were also enacted. The first one relating to the establishment of the NATO Mediterranean Headquarters was immediately revoked at the end of talks between the Maltese and British governments. The other was retained regardless of internal protests.

1075 See 127 on the Police Corps. 1076 See 140. 1077 Mercieca (1969) 362. 1078 Ganado (1977), v4, 206-209.

147

Photo credit: Attorney-General’s Office, Malta Office, Attorney-General’s credit: Photo

Sir Arturo Mercieca

149 Photo credit: University of Malta University credit: Photo

Sir Augustus Bartolo

150 Photo credit: the Author’s collection Author’s the credit: Photo

Sir Ugo Mifsud

151 Photo credit: Office of the Prime Minister, Malta Minister, the Prime of Office credit: Photo

Lord Gerald Strickland

152 Photo credit: the Author’s collection Author’s the credit: Photo

Professor Carmelo Mifsud Bonnici

153 Photo credit: Attorney-General’s Office, Malta Office, Attorney-General’s credit: Photo

Dr Louis Galea

154 Photo credit: the Author’s collection Author’s the credit: Photo

Dr Enrico Mizzi

155 Photo credit: the Author’s collection Author’s the credit: Photo

Sir George Borg

156 Photo credit: the Author’s collection Author’s the credit: Photo

Archbishop Sir Michael Gonzi

157 Photo credit: Office of the Prime Minister, Malta Minister, the Prime of Office credit: Photo

Sir Paul Boffa

158 Photo credit: Mr Frankie Attard Frankie Mr credit: Photo

The Honourable Mabel Strickland

159 Photo credit: the Author’s collection Author’s the credit: Photo

Mr Dom Mintoff

160 Photo credit: Partit Nazzjonalista, Malta Nazzjonalista, Partit credit: Photo

Dr Giorgio Borg Olivier

161 Photo credit: Attorney-General’s Office, Malta Office, Attorney-General’s credit: Photo

Professor John J Cremona

162 Photo credit: the Author’s collection Author’s the credit: Photo

Sir Anthony J Mamo

163 Photo credit: the Author’s collection Author’s the credit: Photo

Dr Maurice Caruana Curran

164

Chapter 13 PRE-INDEPENDENCE LEGISLATURES this fourth chapter of Part IV deals with the final stages of the tortuous journey to independence. In this end-game there were two phases. The first, from 1958 to 1961, sees the suspension of responsible government and the return of Crown colony rule. An Executive Council is re-instated in the wake of Mr Mintoff’s resignation from government. Not unlike 1936-1939, this period of constitutional relapse is also one in the country’s legal system that experiences a momentous development. However, it closes with the taking of security measures. Early in this period the Dockyard is privatised and incentives are introduced to shift the base of the country’s economy from defence to tourism. Later, important measures are taken to control the police and broadcasting. The second and final phase, 1962-1964, is dominated by intensive negotiations with Britain regarding the grant of an Independence Constitution. A single, local legislature is re-constituted. Legislation is enacted to hold the necessary referendum. Further efforts are made to expand the economy on the basis of tourism. In this and other ways the way is prepared for Malta to take its place as an independent country within the British Commonwealth.

13.1. TRANSFORMATION

The years from 1958-1961 begin with absolute gubernatorial government. In 1959 an Executive Council is again put in place. Important statutes are enacted after the constitution of the Council. Early in its life Ordinances are passed to transform the country’s economy to ground it on tourism and industrialisation.

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On 25 April 1958, London issued Royal Instructions to suspend the 1947 Constitution Letters Patent which had restored responsible government in Malta. The Governor was also absolved from consulting either the Nominated or Executive Council1079 in legislative and administrative decisions, including the enactment of Emergency Ordinances.1080 The MLP reacted by organising on 28 April a day of ‘national mourning’ in the Labour stronghold of Kottonera. During a grand manifestation, the Dockyard workers blocked roads, rioted and caused damage to property with the result that the Police interrogated around 100 participants, prominently , the first female MP member elected as a deputy in the history of the local legislature.1081 On the same occasion, Mr Mintoff also personally clashed with the Commissioner of Police extraction Vivian De Gray, who told the MLP leader that as Head of the Police Corps he would always serve the Crown1082 and never subject himself to anyone else.1083 Archbishop Gonzi condemned the ‘riots’ in a Rediffusion broadcast,1084 with the result that relations between him and Mr Mintoff became further strained.1085 In reaction to the disturbances, Governor Laycock issued the first Emergency Ordinance to prohibit public meetings, including festa marches, and preserve public order and safety. The Legal Secretary to the Governor, Denis Synge Stephens, based the Ordinance on the Cyprus Emergency Powers Regulations (1955).1086 In a ‘top secret’ communication, John D Higham of the Colonial Office stated that the Malta Police Force should be withdrawn ‘for a number of years’ from (Prime) Ministerial control and afterwards be established as a Special Branch.1087

1079 Cremona (1997) 55. 1080 MGG 11075, 25.iv.1958. 1081 Ellul Galea (1973) 359-362. 1082 See ACJVFHCC, Mintoff v Bianco 14.viii.1968. 1083 Ganado (1977) v4, 182-190. 1084 B, 20.iv.1958. 1085 Sacco (1985/2) 77. 1086 NARMLGO-266/1958. 1087 NARMLGO-151/1958.

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On 20 May 1958, Sir Robert Laycock issued an emergency directive to the Rediffusion Co to start transmitting political and governmental broadcasts directly from his Palace in Valletta. Both the MLP and the PN refused to participate in such Rediffusion talks.1088 To cope with the emergency, the Governor proceeded with the enactment of several other statutes. He enacted Emergency Ordinances II1089 and V (1958)1090 to re- extend the effects of the Supplies and Services Act (1947) and the Housing Act (1949), also Emergency Ordinances III1091 and IV (1958)1092 to authorise himself to pay public moneys subject to his own treasury and audit accounts, and to issue Treasury Bills. He also assumed powers to constitute and compose departmental boards (Public Registry and Royal University) and to appoint and remove public officers within the ‘Maltese Government’ (Emergency Ordinances VII/IX 1958).1093 The Governor decided to adopt the industry and harbours development measure which the MLP had prepared according to the Balogh Report, but had postponed owing to economic difficulties.1094 He instructed the Deputy Attorney General Dr Maurice Caruana Curran to draft a bill for the purpose of giving aid to industries and related edifices, particularly hotels and tourist accommodation.1095 Sir Robert also took the advice of the Attorney General Dr Cremona to introduce a bill to decontrol rent and encourage the building of dwelling houses. No government that depended on votes had had the courage to pass a bill of this kind for fear that the liberalisation of controlled leases might lead to the loss of votes in general elections.1096 According to Dr Cremona, in the then state of emergency when the legislature and general elections were suspended and the government did not depend

1088 NARMAG-95/1960. 1089 NARMLGO-266/1958. 1090 NARMLGO-303/1958. 1091 NARMLGO-279/1958. 1092 NARMLGO-287/1958. 1093 NARMLGO-332/1958; 358/1958; 359/1958 and 368/1958. 1094 See 127, 128, 137 138, 143, 146. 1095 NARMOPM-509/1959. 1096 Ganado (1977) v4, 242-243.

169 constitutions and legislation in malta on votes, an opportune moment was thus provided to pass the measure.1097 Sir Robert told Dr Cremona that one of his policies was to remove the wartime rent control, which his predecessors had maintained principally ‘for political reasons’ and partly ‘to keep down the cost of living figures’.1098 Like previous Governors in 1895-1889, 1918-1930 and 1934-1939 and unlike elected politicians, he did not need to appear benevolent by virtue of legislation. Against the background of Britain’s acceleration of the decolonisation process, he anticipated near-future decisions on Malta within the Colonial Office, especially the privatisation of the Dockyard. Sir Robert met the Colonial Advisor, Mr Atkinson, again on a short visit by the latter to Malta to renew the legislative proposal to de-restrict the existing special laws in question.1099 Sir Robert had confirmation from Colonial Officials via confidential correspondence that Malta was indeed passing through an ‘interregnum’.1100 On 31 July 1958, Governor announced in a Rediffusion broadcast that the British government had concluded negotiations to transfer the Dockyard from the Admiralty to Messrs CH Bailey of South Wales, a firm that would include Maltese shareholders.1101 He signalled that the British had changed their heart about Malta’s future following Mr Mintoff’s ‘Break with Britain Resolution’ and his demand for Independence. The MLP accused him of tolerating increased imbalance in Rediffusion broadcasting against them.1102 Other political forces, the Unions as well as the Church also demanded that on the Dockyard’s conversion, Bailey should take over all workers or else provide them with alternative jobs.1103 In August 1958, Sir Robert lifted the ban on festa marches1104 and proposed to set up a new Board of Management to start,

1097 See JJCIntr. 1098 NARMSec-219/1959. 1099 NARMLGO-346/1958. 1100 NARMLGO-382/1958. 1101 NARMLGO-19/1959. 1102 Sacco (1985/2) 77. 1103 Ellul Galea (1973) 362-370. 1104 MGG 11119, 18.viii.1958.

170 pre-independence legislatures from the following October, a series of political discussions via the Rediffusion service.1105 However, he still proscribed political meetings, with the consequence that the parties reiterated their refusal to participate in broadcast debates. Mr Mintoff, for one, held mass rallies inside cinematographic theatres to bypass the effects of Emergency Ordinance I.1106 Under the state of emergency, Sir Robert refrained from giving assurances about the speculations shrouding the future of the Dockyard workers. He tried to fill the political vacuum by building on other MLP-initiated measures. By assisting the colony in its endeavour to stand on its own feet, he seemed to make up for the Crown’s long years of financial neglect of the country. On 9 September 1958, during a Rediffusion programme, the Director of Trade and Industry Salvino Mizzi revealed that the Governor had ordered the Attorney General’s Office to draft a novel statute to grant aids to industries.1107 He mentioned that in line with the Balogh Report (1955), tax and customs relief, as well as money grants and loans, would be provided.1108 A measure granting aids to industry would accelerate the industrialisation and development of Malta and its harbours as a tourist and services centre, and put the country’s economy on its feet.1109 Not mentioning ‘export credits’ for tapping markets, the Director of Trade and Industry indicated that the Governor would soon publish the relevant bill in the Government Gazette.1110 By using the Italian system of the Cassa del Mezzogiorno (Assistance Fund for the South) involving loans and money grants, the Deputy Attorney General Dr Caruana Curran drafted the law in consultation with a British expert Barker Benfield.1111 On 6 October 1958, Sir Robert also pressured the Attorney General’s Office to conclude his review of the Commercial

1105 Sacco (1985/2) 85. 1106 NARMAG-227/1963. 1107 See 147. 1108 CCR (1959) 188-197. 1109 Ganado (1977), v4, 313-317 and 433. 1110 Vassallo (1998) 114. 1111 See MCCIntr.

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Partnerships Bill, which the 1954 Committee had had to retract in order to incorporate the suggestions of interested bodies.1112 Adding that it was not the policy of his administration to allow travel agents to enter Malta so long as the country was ‘under strict control’, on 6 November 1958, Sir Robert enacted a ‘most urgent law’, Emergency Ordinance XIII, to repeal the Tourism Development Act (or Act II) of the year.1113 Sir Robert did not bring this Act into operation after imposing the state of emergency. He had also left shelved a legislative proposal to organise the taxi service.1114 The Governor dismissed the idea of a decentralising power in Gozo through a civic committee,1115 and devolved on himself the Ministerial power to appoint a ‘Malta Government Tourist Board’ with the primary executive function to promote and actively publicise Gozo as a tourist resort.1116 He also amended the Police Laws to subject the licensing of tourist guides to the Commissioner of Police.1117 On 11 November 1958, the Secretary of State for the Colonies Lennox-Boyd announced that the transfer of the Dockyard had been fixed for 30 March 1959.1118 He did not say whether or not the takeover would include the workforce. Consequently, he left the question of dismissals charged with uncertainty. GWU and MLP delegations in London held talks with the British government and consulted experienced trade unionists. The British Boiler-Makers Union delegate Ted Hall revealed that the relevant payroll could be reduced to 2,500.1119 In a memo to the Colonial Office, Mr Mintoff said that his party would strive for Independence even at the cost of losing all the money which Britain was legally obliged to make available to Malta to implement the Aids to Industries Bill.1120 The PN went to

1112 NARMOPM-1693/1958. 1113 See 145. 1114 NARMLGO-395/1958. 1115 Bezzina (1995) 51-52. 1116 NARMAG-306/1958. 1117 NARMAG-395/1958. 1118 TTM, 11.xi.1958. 1119 Ellul Galea (1973) 373-380. 1120 MLP (1958) 54.

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London to discuss the Dockyard matter directly with the British government.1121 The PN now had a new nationalist and anti-taxation contender. Dr Herbert Ganado, together with lawyers Dr Desira Buttigieg, the then President of the Farmers’ Cooperative, and Dr Albert Ganado, had just decided to form the Partit Demokratiku Nazzjonali (PDN) with a ‘Catholic social policy’.1122 Like the PN and also the MLP and PCP, the PDN supported the cause of the Dockyard workers. But it did not hold direct talks with London.1123 As the pace of political and trade-union developments accelerated, on 5 December 1958 Lennox-Boyd made it clear that the British government could not promise to shoulder responsibility for the Dockyard after 1962.1124 On 5 January 1959, in another special Rediffusion broadcast, Sir Robert announced that London would soon issue Constitution Letters Patent to re-institute a Council without representation.1125 The two large political forces re-loaded their cannons against the proposal.1126 The MLP declared that it was ready to combat any tentative return to Crown Rule, whether through rules of law or of the jungle. The PN condemned as ‘traitors’ all those who would accept handpicked membership in the proposed Council.1127 The Governor published a draft Aids to Industries Emergency Bill providing only tax and customs relief. According to a Chamber of Commerce statement, such a draft Ordinance was ‘diluted to a considerable degree in scope and effectiveness’.1128 But the Governor went on to enact a series of other Ordinances to give himself the power to appoint government or departmental boards (Emergency Ordinances I/X 1959).1129 On 19 February 1959, the British Parliament passed the Malta (Letters Patent) Act to vest in the Queen, which is to say

1121 Anon (1972) 115. 1122 TTM, 30.x.1958. 1123 Ganado (1977) v4, 234-236. 1124 Ellul Galea (1973) 381. 1125 See NARMLGO-400/1958. 1126 Ganado (1977) v4, 263. 1127 Sacco (1985/1) 191-192. 1128 Vassallo (1998) 114. 1129 NARMLGO-233/234/235/242/248/249/1959.

173 constitutions and legislation in malta in the British government, the power to revoke or amend the 1947 Constitution.1130 The Admiralty followed with notices of discharge to hundreds of Dockyard workers. These included several Labour sympathisers, who repeated the previous year’s disturbances with all their natural consequences.1131 Groups of discharged workers held protest marches and threw stones at imperial interests, inciting the Police to answer with tear gas. The Governor’s Palace issued a Press Release holding ‘Dom Mintoff and his supporters’ responsible for the violence.1132 The ex-Dockyard employees’ reaction was negligible in comparison to the 28 ta’ April (1958) riots. But the Magistrates’ Court convicted a few rioters and sent them to prison.1133 Once more strongly deploring the workers’ reaction, the Church levelled the accusation at Mr Mintoff that the MLP was looking for international Communist aid.1134 This raised tension between the MLP and the Archbishop’s Curia and outbreaks of disorder between their respective adherents. Among the repercussions was the beginning of a second politico-religious ‘crusade’1135 reminiscent of 1927-30.1136 By including under its umbrella the Catholic Action, MUSEUM and other such lay organisations but also the more recent Curia-based Malta Catholic Adoption Society, Archbishop Gonzi strengthened the Diocesan Junta.1137 The spiritual leader set up the Malta Catholic Adoption Society to supervise the ever-increasing local practice of de facto adoption of babies as an alternative measure to birth control.1138 On 24 March 1959, London issued an Order-in-Council to give effect, as from 15 April 1959, to a UK Parliament Act1139 establishing a new Constitution of the kind popularly, albeit vaguely, called

1130 MGG 11179, 20.ii.1959. 1131 See 168 et seq. 1132 Sacco (1985/1) 191. 1133 Hel, 2.iii.1959/5.iii.1959. 1134 LIS, 4.iii.1959. 1135 Ganado (1977) v4, 335. 1136 See Vol 1 206 et seq. 1137 LIS, 28.iii.1959. 1138 See NARMAG-165/1963. 1139 7&8 Eliz 2, ch14.

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‘Crown colony’. Subject to the Governor’s ultimate executive and legislative orders, an Executive Council of three ex-officio members (the Chief, Legal and Financial Secretaries) and three Governor-appointed public officers, including Attorney General Dr Cremona, was constituted. The Public Service Commission, a new institution, was also set up to deal with the civil service.1140 The Governor was bound to submit legislation to the approval of the Executive Council, he himself being empowered to initiate and assent to it.1141 On 28 March 1959, Sir Robert issued Emergency Ordinance XV to provide for the transfer by way of ‘long lease’ (or, rather, temporary emphyteusis) for 99 years of the lands and other connected assets falling within the Admiralty Dockyard jurisdiction.1142 The next day, he presided over the ceremony at which the Rear Admiral NA Copeman symbolically handed the Dockyard key to Group Captain Bailey.1143 Opposing the deed of transfer, the GWU and, in solidarity with it, the Civil Service and Clerical Association did not attend the ceremony.1144 The pro-British newspaper Il-Berqa called Bailey’s takeover of the Dockyard ‘a challenge’.1145 The other Strickland newspaper, The Times (of Malta), said that the transfer was the beginning of a large-scale industrialisation process that marked a stage of great importance in the socio-economic history of the country.1146 The PN daily Malta Tagħna also argued that the privatisation of the largest enterprise in the country rendered more practical the achievement of Dominion status.1147 The MLP newspaper Il-Ħelsien declared that it did not recognise the manner and circumstance of the Dockyard’s commercialisation, and hence, the relevant Ordinance.1148

1140 MGG 11186, 8.iv.1959. 1141 Cremona (1997) 57. 1142 MGG 11184, 28.iii.1959. 1143 Ellul Galea (1973) 401-414. 1144 NARMLGO-19/1959. 1145 B, 30.iii.1959. 1146 TTM, 26.iii.1959. 1147 MT, 26.iii.1959. 1148 Hel, 30.iii.1959.

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Sir Robert had barely enacted Emergency Ordinance XV (1959) when he turned to the legislative proposals to de-restrict rent and to provide aids to industries. He embarked on measures aimed at encouraging the building of new houses and tourist accommodation, especially hotels along sandy coasts and beaches. On 10 April 1959, he assented to the Decontrol or Emergency Ordinance XIX, which removed automatic renewal of leases. Subject to old principles in favour of the outgoing tenant or lessee, particularly the right of preference, he gave landlords (or lessors) of post-1959 dwellings the right to renew a tenancy.1149 Thus, Sir Robert agreed to return the rent laws to the pre- 1925 liberal system.1150 With the aid of Dr Caruana Curran, Dr Cremona drafted the Decontrol Ordinance, which was a laborious task requiring a thorough review of the country’s special rent control laws (1931 and 1944)1151 in the context of the continentally-based general law (1858).1152 They based their draft on the British Landlord and Tenant Act (1954)1153 and the Rent Act (1957),1154 but also consulted locally noted continental jurists such as Gabriel Baudry-Lacantinerie.1155 Even though none of the political parties had anything to gain or lose politically, in a state of suspended Constitution and local, responsible legislature, they were divided on the proposed law de-restricting rent. The MLP newspaper condemned the law in its entirety. It considered that the measure would favour the rich while undoing many years of efforts to protect the poor from greedy landlords.1156 Once decontrol was understood as aiming to provide housing for social benefit, the PN swung in favour of the Ordinance.1157 The leader of the PDN Dr Ganado, whose political party nominated

1149 See Vol 1 23. 1150 See Vol 1 156. 1151 See 55 and Vol 1 216. 1152 See Vol 1 23. 1153 2&3 Eliz 2, ch56. 1154 5&6 Eliz 2, ch31. 1155 NARMAG-440/1959. 1156 Hel, 28.iii.1959. 1157 See ACZIntr.

176 pre-independence legislatures an ad hoc commission to study the proposed law,1158 admitted that the measure was based on the ‘sound and orthodox’ principle of demand and supply. Simultaneously, Dr Ganado argued that rents would remain high for the average tenant until many new houses were built.1159 The Strickland press was full of praise for the measure, considering it ‘a step in the right direction’.1160 The Chamber of Architects submitted a memorandum in which it welcomed rent decontrol. It said that the measure would give greater incentive to private owners to build more dwelling houses, and would thereby boost one of the main industries of Malta.1161 Industrial entrepreneurs like Dr Ġużè Pace expressed the view that the Decontrol Ordinance provided various incentives with positive results for the building industry.1162 On 14 April 1959, Sir Robert assented to the Aids to Industries Ordinance, the last of the emergency laws of his governorship (Emergency Ordinances XXI of 1959). The Order-in-Council dated 24 March was to become effective the day after.1163 Ordinance XXI (1959) was a shadow of the draft statute, which Mr Mizzi had announced some months before.1164 In consultation with the Executive Council, Sir Robert had agreed to effect modifications according to the wishes of the Chamber of Commerce.1165 Under the Ordinance, an Aids to Industries Board was empowered to recommend a system of loans and financial advances, fiscal subvention, in particular a ‘tax holiday period’ of 10 years on initial expenditure, and customs relief in the form of tax exemption on equipment importation. The building of hotels, including a five-star Hilton, casinos and restaurants as well as the construction or extension of industries for promoting tourism were the main goals of the Aids to Industries Ordinance.

1158 Ganado (1977) v4, 242-243. 1159 MT, 28.iii.1959. 1160 TB, 12.iii.1959. 1161 TTM, 1.iv.1959. 1162 NARMAG-440/1959. 1163 NARMOPM-536/1958. 1164 See 172. 1165 Vassallo (1998) 115.

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The political parties welcomed the Aids to Industries Ordinance in principle. If the measure proved successful, it would accelerate the country’s post-1958 transition from a military to an industrial economy. Politically, the Ordinance had the potential to change the country from a colony to an independent state.1166 Sir Robert sought to set the Ordinance at work with efficiency by appointing the most senior and experienced civil servant in the Ministry of Finance, Alfred Wirth, as Board member.1167 On 28 May 1959, while the political and trade-union bodies engaged in political activities to pressurise their foreign suzerain into ending its occupation of the country, the Colonial Office appointed Sir (1959-1963) to succeed Sir Robert Laycock in the office of Governor.1168 In 1959, Sir Guy steered through the Executive Council around 20 further Ordinances to supplement the Emergency Ordinances of his predecessor.1169 He directed pro-forma amendments like Ordinance VI (1959) to change the title of the Treasurer to Accountant General, or Ordinance VII (1959) to refer to the Auditor as Director of Audit. However, he enacted principal statutes of a special financial character. He instructed the enactment of Ordinance V to revoke the Treasury and Audit Act (1948).1170 He enabled himself to make estimates in advance of appropriation. He also brought forward Ordinance XIV (1959) to render the Aids to Industries Ordinance applicable to anyone leasing a factory on a government estate.1171 He also led the Council to enact Ordinance XVIII (1959) to provide for the issue of registered stocks and debentures, and Ordinance XIX (1959) to raise a £3,000,000 loan for developing areas into tourist attractions. While ignoring the Tourist Board’s advice to enact separately an Aids to Hotels Ordinance,1172 Sir Guy passed Ordinance XIV

1166 See ACZIntr. 1167 MGG 11195, 22.v.1959. 1168 MGG 11198, 8.vi.1959. 1169 See 168, 169. 1170 See 81, 82. 1171 NARMAG-453/1959. 1172 NARMSec-143/1959.

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(1959) together with the previous government’s proposed first Five Year Development Plan (16 October 1959).1173 Independently of the general organisation of banking for business facilities, he voted £32,000,000 for propelling industrialisation by way of legislation.1174

13.2. CONTROL

In the second half of Crown colony rule in the year from 1958 to 1961, while constitutional amendments are undertaken, a politico-religious confrontation develops. Stringent laws are enacted to ensure security and place policing and broadcasting under provisional gubernatorial control.

On 9 December 1959, as one of his first engagements as new Secretary of State for the Colonies, Ian Macleod made a short visit to Malta.1175 However, he made no other particular pronouncement until Sir Guy Grantham in the following year enacted minor legislative amendments amid a cumulus of events compounding the pitched MLP-Church battle of acrimonious diatribes and accusations. On 10 February 1960, with an outstanding event marking the nineteenth centenary of St Paul’s shipwreck in Malta, Archbishop Gonzi opened the annual calendar of religious festas.1176 With the Church reinvigorated in an orthodox and paternalistic manner and so wary of change as to stick to a pre-aggiornamento policy, he declared that and Catholicism were incompatible.1177 He widened the rift between the Church and the MLP.1178

1173 Ganado (1977) v4, 313-314. 1174 Consiglio 542. 1175 TMM, 9.xii.1959/10.xii.1959. 1176 Ganado (1977) v4, 278-280. 1177 Bartoli Galea 5. 1178 Koster 169-170.

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Both launched invectives against one another via pastoral letters, newspapers and mass rallies.1179 Regardless of Governor Grantham’s attempt to dilute the strong religious content of the general schedule of programmes,1180 Mr Mintoff refused to participate in political broadcasts.1181 Sir Guy confidentially revealed that he would re-organise the Police Force and change the Corps from a government department into a Special Branch.1182 He ordered Mr Synge Stephens to prepare a bill for that purpose.1183 The gubernatorial administration became preoccupied with legislation to cope with situations of political trouble. At this particular moment in time, the Attorney General, now Professor, Cremona reported that insurance companies did not fall under the Aids to Industries Act (1959), and that insurance legislation was ‘long overdue’ in the country. He revealed that in the near future the Executive Council would embark on investment legislation to accelerate the development of Malta and its harbours as a tourist centre.1184 Professor Cremona postponed anew the overdue bill to provide for the formation, registration and termination of three forms of commercial partnerships, including the company. Bailey Malta Limited considered that the relevant draft Ordinance contained anti-commercial provisions such as Art 70(1) relative to initial share capital.1185 On 27 July 1960, in the House of Commons Secretary of State for the Colonies Macleod announced that London had decided to grant Malta a new self-government Constitution on the basis of a report, which the Colonial Minister Lord Perth had compiled after interviewing leading personalities during a short visit to Malta in the same month.1186 Macleod said that London had appointed an all-British Constitutional Commission

1179 Dobie 211-213. 1180 NARMAG-95/1960. 1181 Sacco (1985/2) 89-90. 1182 NARMLGO-151/1958. 1183 See MCCIntr. 1184 NARMAG-1083/1960. 1185 NARMOPM-1693/1958. 1186 TTM, 2.vii.1960/6.vii.1960.

180 pre-independence legislatures chaired by Sir Hilary Blood to prepare, in consultation with the representatives of the Maltese people and interested bodies, the necessary constitutional document.1187 Governor Grantham gave priority to the necessary arrangements to host the Blood Commission in Malta for three months. Once such arrangements were made, a few and slight amendments to old systems were steered through the Executive Council. For instance, Ordinance XXI was enacted to empower the Governor to name a person to transmit maintenance orders under Ordinance V (1921).1188 The Commission was in Malta between October and December 1960.1189 It heard the views of the PDN and PCP, the Chamber of Commerce, the Federation of Industry and the Church.1190 It was boycotted by the MLP and the PN,1191 which persisted in their refusal to participate in Rediffusion broadcasts.1192 On 5 December 1960, the Commission submitted its findings, including the elimination of the diarchical system, the establishment of concurrent legislative powers on reserved matters, the appointment of a UK Commissioner as representative of the British government, and the introduction of a Bill of Human Rights.1193 Alluding to the threats of the MLP and its newspapers, it proposed that the Police, Civil Service and Judiciary should be constitutionally reserved.1194 Until London’s decision on the Blood Commission’s Report, there was ample time for Sir Guy to confer upon himself sufficient legislative powers to control the Police and broadcasting in the actual state of political division and tension. On 10 February 1961, the Council passed Ordinance II to re-organise the duties and discipline of the Malta Police Corps as an autonomous and special branch or body independent of any other government

1187 DHC, 27.vii.1960. 1188 See V0l 197, 98 on the principal statute. 1189 TTM, 8.x.1960/6.xii.1960. 1190 Ganado (1977) v4, 328-330. 1191 Sacco (1985/1) 193. 1192 Sacco (1985/2) 90. 1193 Cremona (1997) 61. 1194 RMCC 23-26.

181 constitutions and legislation in malta department. However, he postponed the introduction of the other measure, the Broadcasting Bill. Owing to the novel subject-matter of this bill and its political implications in view of the experience of the last four years, the Deputy Attorney General Dr Caruana Curran had difficulty in preparing it.1195 Dr Caruana Curran, the principal draftsman of the Decontrol Ordinance (1959),1196 extensively based the Broadcasting Bill on the British Television Act (1954).1197 While leaving a ‘contractor’ to manage the transmitting station and a Broadcasting Authority to act as a vetting regulator for the first time,1198 he empowered the Governor to operate the service in Malta.1199 On specific gubernatorial instruction, in line with the Criminal Code (1854) section dating back to 1933,1200 he also inserted a ‘protection of religious sentiment’ clause.1201 On 8 March 1961, Ian Macleod informed the House of Commons that the government had instructed the drafting of a new Constitution to Malta according to the Blood Commission’s Report.1202 The political groupings responded with protests at public meetings and in the press. They considered the new Constitution as an ‘illiberal’ and ‘unworkable’ document that deprived the ‘Maltese Government’ of the most important administrative powers and hampered the Legislative Assembly from effectively operating as a law-making body.1203 The vociferous political groupings included a new group that came forward at this juncture with a designation expressing its leaning: the Christian Workers Party (CWP). This party was formed and led by Toni Pellegrini, a right-hand man of Mr Mintoff and recent MLP Secretary.1204 The local Church reacted favourably to the fact that the CWP, which was the first political

1195 See 138, 139 re Ordinance I (1956). See also 184. 1196 See 170. 1197 2&3 Eliz 2, ch55. 1198 NARMAG-227/1963. 1199 NARMAG-95/1960. 1200 See Vol 1 222. 1201 NARMAG-95/1960. 1202 DHC, 8.iii.1961. 1203 Mercieca (1969) 366-367. 1204 TTM, 23.iii.1961.

182 pre-independence legislatures formation of ‘workers’ to declare itself ‘Christian’, owed its abrupt creation to defection of a formerly staunch MLP member and had the potential to attract MLP voters.1205 Disagreeing, Sir Arturo Mercieca, the judge-jurist former internee, who even in his nineties remained a prolific writer, contributed an article in the press under the pseudonym ‘Cato’. He expressed the fear that the MLP would be all the more likely to emerge triumphant with the appearance of such a ‘Centre Party’. He thought that the ‘nationalists’ would be likely to shift their votes from the PN to such a party.1206 On 14 March 1961, in the House of Commons the Undersecretary of State for the Colonies said that the postponed law to set up a Broadcasting Authority would soon be enacted to ensure impartiality.1207 The Broadcasting Board in Malta informed the political parties about a new comprehensive series of programmes. The PN agreed to be allocated airtime on a ‘quota’ basis with the other minor parties.1208 But, while the politico- religious battle between the MLP and the Church assumed national proportions, Mr Mintoff’s party renewed categorically its refusal ‘to trust’ the Broadcasting Board and take part in Rediffusion political talk shows.1209 The MLP, now affiliated with so-called ‘Communist fronts’ such as the Afro-Asian Peoples Solidarity Organisation, issued a ‘Statement of Policy’ to condemn Archbishop Gonzi for his pro-British position. It exploited its newspapers to publish anti-Catholic propaganda.1210 The spiritual leader of the country responded by imposing an interdict on the MLP leader Mr Mintoff and forbidding Labourites from receiving the Sacraments.1211 In the first half of 1961, in the course of the constitutional developments, no important statute was enacted other than

1205 Ganado (1977) v4, 333. 1206 TTM, 3.iii.1961. 1207 DHC, 14.iii.1961. 1208 VM, 19.iii.1961. 1209 NARMAG-95/1960. 1210 Ganado (1977) v4, 353-368. 1211 Mintoff (1961) 19-36.

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Ordinance XI to give legal status to the Gozo Civil Council.1212 On 28 July 1961, however, the Executive Council passed the Broadcasting Ordinance, Ordinance XX, to establish an authority with the power to appoint a contractor to operate the system.1213 Adamantly sticking to his boycott of both Rediffusion and television transmission and describing Manuel Dimech for the first time as a ‘national hero’,1214 Mr Mintoff considered the Ordinance ‘dictatorial’. He argued that the ‘protection of religion’ clause was ‘a restriction on the freedom of speech’.1215 Despite Mr Mintoff’s opposition to Ordinance XX (1961), Sir Guy carried on with his legislative agenda through the Attorney General’s Office and the Executive Council. Dr Caruana Curran was entrusted with the important task of coordinating with the World Bank a revision of the 1959 Development Plan. He drafted legislation to raise a loan from the World Bank for subsidising a new power station and water distillation plant.1216 Sir Guy also decided to introduce a few important enactments to fill in lacunae in the country’s legal system governing investments.1217 On 1 September 1961, as part of a re-organisation of the old Malta Government Savings Bank, the Executive Council passed Ordinance XXV to regulate the deposit of monies with guarantees for repayments.1218 This measure was taken while another company showed interest in opening a bank in Valletta provided the new commercial partnerships law was enacted.1219 Too involved with each other and too mindful of the imminent new Constitution, the political parties scarcely interested themselves in legislative enactments.1220 The Diocesan Junta

1212 B, 17.iv.1961. 1213 TTM, 29.vii.1961. 1214 See Vol 1 67, 68, 73, 82. 1215 NARMAG-95/1960. 1216 Frendo (1999) 66. 1217 NARMLGO-697/1961. 1218 See Vol 1 30, 31 on the first savings bank. 1219 Consiglio 543. 1220 Ganado (1977) v4, 355.

184 pre-independence legislatures made matters worse when it did not invite the MLP to an open gathering under an ‘Umbrella of the Church’ in Raħal Ġdid. It did so while allowing Dr Borg Olivier to turn the event into a PN mass meeting.1221 On 29 September 1961, the Governor re-instituted the Broadcasting Authority, which in turn re-appointed Rediffusion as the operating licensee.1222 In principle, the setting up of the Authority was aimed at defusing polarisation. However, recent experience had shown that the operation of Rediffusion had increased political tension. On 24 October 1961, London issued the Malta Order- in-Council proclaiming the new Constitution.1223 Under the inspiration of the European Convention on Human Rights (1950),1224 legally entrenched and judicially enforceable human rights, the ‘Fundamental Human Rights’, were extensively introduced. Protections from unlawful death, arbitrary arrest and detention, freedoms of expression, movement and association, and entitlement to adequate compensation in cases of public expropriations, were constitutionally established.1225 Instead of the diarchy, a single government operable through a quadrennial Legislative Assembly of 50 members was also established. Such a legislature was given full law-making powers, including the renewal of emergency powers every two years until 3 March 1963.1226 London subjected the Governor to the advice of a Cabinet of Ministers. While London retained the power to appoint the Governor, it vested him with the power to nominate the Police, and the Public and Judicial Service Commissions. Concurrently with the Maltese government and with immunity1227 in the name of the British government, London also empowered a UK Commissioner to exercise law-making powers regarding defence

1221 Sacco (1995/1) 194-195. 1222 NARMAG-95/1960. 1223 MGG 11344, 24.x.1961. 1224 See 99. 1225 MC (1961) Arts 5-17. 1226 MC (1961) Arts 45-61. 1227 MC (1961) Arts 25-44.

185 constitutions and legislation in malta and external affairs.1228 According to the opinion Sir Arturo Mercieca, this UK Commissioner was given such wide powers as to ‘govern the Governor’.1229 London declared ‘adequate’ the grant of ‘compensation’ in public expropriations1230 because the relevant Fundamental Rights provisions were prima facie incompatible with Ordinance XL (1935).1231 Finally, the Electoral Ordinance of 1939 was revived.1232 In sum, London granted Malta a non-diarchical but still insufficiently liberal Constitution because it retained the power to appoint the Governor while entrusting external affairs to a UK Commissioner.1233 Governor Grantham fixed polling for 17-19 February 1962.1234 This made the Maltese people endure a very long and harsh electoral campaign. Despite their virulent criticism against the Blood Constitution, many political parties lined up with intensive press propaganda to compete for Legislative Assembly seats. Coming forward with the slogan ‘religio et patria’ whilst promising defence treaties with Britain and NATO and agreements with the European Economic Communities, the PN criss-crossed the country with the promise ‘Independence within the Commonwealth’.1235 The MLP plastered buildings with posters that preached Independence as an expression of self-determination. The PDN issued a manifesto advocating economic stability before Independence. The PCP and CWP agitated for the constitutional status quo.1236 By fixing polling day in mid-February, Sir Guy heightened the MLP-Church tension. He thereby provided wide latitude for Mr Mintoff (and his MLP) and Archbishop Gonzi (and his Church, supported by the other parties making an ‘anti-Communist’

1228 Cremona (1997) 63-64. 1229 TB, 21.xii.1961. 1230 Mizzi (1995) 10-11. 1231 See 21. 1232 See 37. 1233 DHC, 8.iii.1961. 1234 MGG 11361, 19.i.1962. 1235 Anon (1972) 124. 1236 Ganado (1977) v4, 326-332 and 376-378.

186 pre-independence legislatures front) to trade insinuations, insults and recriminations.1237 While the Holy See prepared for Vatican Council II and the issue of the oecumenical encyclical Pacem in Terris,1238 the spiritual leader of the local Catholic Church expressed the fear that Mr Mintoff would make Malta Kattoliċissima [Malta Most Catholic] into ‘Communist like Cuba’.1239 The culminating events of such a politico-religious battle in the voting campaign took many forms. The Police instituted vilification cases against members of the MLP under the Criminal Code (1854), the Press Ordinance (1933) and Seditious Propaganda Ordinances (1933).1240 In terms of the recent Broadcasting Ordinance, the Broadcasting Authority censored a pre-election Rediffusion talk, which Mr Mintoff agreed to hold.1241 The Diocesan Junta’s organisation of a series of mass rallies ended with a national pilgrimage against Communism. The Curia renewed its declaration of 1930 that it was ‘mortal sin’ to vote for the MLP.1242 Sir Guy allowed himself and the Executive Council ample latitude to pass legislation as part of the projected transformation of Malta into a centre of tourism, industry and services according to the Balogh Report and subsequent plans.1243 A number of draft bills were moved and discussed to re-model the harbours, and expand the electricity and water distillation systems under an independent authority.1244 In the last week of the campaign, half of them on the eve of polling day, the Governor passed no fewer than 12 Ordinances. Three important statutes were enacted without immediate legal effects as late as 9 February 1962, and a few others on the eve of the elections. Ordinance X (1962), the first to be enacted on 9 February, regulated the formation, registration and termination of three forms of commercial partnerships: the en

1237 Koster 323-324. 1238 NARMAG-550/1962. 1239 Frendo (1999) 38. 1240 ACJVCOA, Police v Abdilla 13.i.1962. 1241 NARMAG-95/1960. 1242 See Vol 1 212, 213. 1243 See 127 onwards. 1244 NARMAG-998/1961.

187 constitutions and legislation in malta nom collectif, the en commandite and the company. For the first time the juridical personality of commercial partnerships was given a legislative character. Ordinance X (1962) had cost the 1954 committee months of research and analysis into English, continental and local law, and years of revision in line with the suggestions of local interested bodies.1245 But it was finally a ‘happy inter-marriage’ between its original sources and subsequent modifications.1246 Another important statute passed on 9 February 1962, as Ordinance XIII of the year, established a co-ordinated and integrated system of port facilities and connected services. By using and fusing the Stevedores and Port Labourers Ordinance (1939)1247 with foreign enactments such as an East African Ordinance,1248 the Financial Secretary formulated such a statute, popularly known as the ‘harbour development law’, in coordination with the Comptroller of Customs, Port Superintendent and Pilots. Ordinance XVI (1962) to provide for licensing kursaals (or casinos), passed on the same day, was framed by the Office of the Attorney General to implement a covenant between the government and an Anglo- German syndicate.1249 Ordinance XVI (1962) was an important legislative enactment given that Malta was heralding an era of development in tourism with the promotion of Malta as a hub of yacht marinas thanks also to individuals of formidable enterprise like the handsome, strong-willed and self-made Tumas Fenech (1930-1999) from the Ta’ Kartabus family of Ħal who was set to emerge as a leading investor in hotels, yacht marinas, luxury residences and the general economy of post-Independence Malta.1250 On the eve of the elections, Ordinance XXI of 1962 to amend the institution of adoption in the Civil Code (1874) was enacted.

1245 See 118, 134, 141, 172, 180, 185. 1246 NARMAG-697/1961. 1247 See 37, 38. 1248 NARMAG-592/1961. 1249 NARMAG-707/1963. 1250 The author bases such information on Maltese collective memory which he has been compiling for years and which he intends to publish in the future.

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The law had been extremely paternalistic in denying women capacity to give the necessary consent.1251 Dr Wallace Gulia within the Attorney General’s Office was directed1252 to make the necessary legislative amendments in line with the English Adoption Act (1950).1253 Dr Gulia provided in the Ordinance, an enabling statute, that a natural mother did not need to go to a notary to register her consent for adoption.1254 The Notarial Council waited for the new responsible government to register a strong protest against such a provision, saying that it was included as a result of the fact that the relevant amendments made to the legal institute of adoption had been based on English Law ‘in its minutest details’. The local Roman Catholic Church welcomed the amendments liberalising adoption. Against birth control and in favour of large families, including families enlarged through adoptions of illegitimate children, the local Church accepted the amendments even though they were modelled on the law of a ‘Protestant’ country.1255 In order to wait for the outcome of further negotiations between a governmental delegation, including Mr Alfred Wirth, and the World Bank,1256 Sir Guy had to postpone the Electricity Bill and the Electricity Loan (International Bank for Reconstruction and Development) Bill. Dr Caruana Curran had already modelled the necessary draft statutes on Bahamas and Trinidad and Tobago Ordinances.1257 A statute to re-establish the system of financial administration and audit in terms of the new Constitution was also left to the new government.1258

1251 See Vol 1 51. 1252 See MCCIntr. 1253 14 Geo 6, ch26. 1254 See Gatt (1971) for more details on the Maltese law of adoption in 1950-1970. 1255 NARMAG-165/1963. 1256 Frendo (1999) 360. 1257 See MCCIntr. 1258 NARMAG-800/1962.

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13.3. FINAL STEPS TO INDEPENDENCE

The 1962-1964 period of self-government forms the final phase in Malta’s 150 years under British rule. It is mostly taken by negotiations in connection with the grant of independence. The majority of enactments in the period are taken to amend principal laws and are of minor significance. Apart from the Referendum Act, statutes are enacted to authorise loans from the World Bank. In addition to the political parties, the local Church remains the leading influence on law-making till the very end.

The PN gained a convincing electoral victory in the 1962 polls, receiving over 63,000 votes (42%) equivalent to 25 seats. The MLP got short of 51,000 (39%) which gave it 16 seats, while the PDN (four), CWP (four) and the PCP (one) shared the rest.1259 Mathematically, to ensure an absolute majority in political and legislative decisions, the PN needed one vote out of the nine of the minority parties. In cases of parity, in order to implement a policy or legislative measure, it needed the Speaker’s vote. In fact, the PN never needed to rely on outside support in the Assembly. On 26 April 1962, Sir Guy had hardly inaugurated the Legisla- tive Assembly when Coronato Attard, the PDN elected deputy for Gozo, crossed the floor to join the PN ranks. The PN’s seats in the Assembly were brought to an absolute majority of 26.1260 The Governor devoted the major part of the Speech from the Throne to the government’s intention to achieve Independence.1261 The Prime Minister, Dr Borg Olivier, immediately led a delegation to London where he persuaded the new Secretary of State for the Colonies Reginald Maudling to issue an Order-in- Council to re-vest the Maltese government with the control of the Police, and the Public and Judicial Service Commissions.1262

1259 Schiavone (1992) 469-480. 1260 Sacco (1985/1) 203. 1261 PDLA, 26.iv.1962. 1262 TTM, 24.iii.1962.

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During his visit, Dr Borg Olivier came to know that three independent Directors of the Board of Directors of Bailey (Malta) Ltd had resigned and that the British government had appointed auditors to investigate the financial and administrative records of the company.1263 On 29 May 1962, the PN passed its sole statute before the summer recess, Act I to regulate the administration and audit of the receipt, control and disbursement of public moneys and connected matters.1264 It had to re-establish a financial administration and audit system compatible with a semi- autonomous government. Therefore, it passed Act I (1962) to ‘revive’ the Treasury and Audit Act (1948).1265 Dr Caruana Curran was still giving consideration to two bills relative to the expansion of the electricity system, particularly in connection with the upgrading of tourism.1266 In July 1962, Dr Borg Olivier headed another delegation to London to hold talks with the new Secretary of State for the Colonies, Duncan Sandys, the ex-Minister for Defence. The object of the visit to London was to obtain financial assistance and postpone for 18 months an official announcement that the British Departments would discharge around 5,000 Maltese employees.1267 Dr Borg Olivier and his delegation immediately learnt from Duncan Sandys that the British government aimed at reducing the weight of financial responsibility towards the colony without necessarily releasing the country from colonial fetters. Dr Borg Olivier remained in London for almost two months without concluding any form of agreement.1268 The Prime Minister and his entourage held fruitless and acrimonious economic talks with the British government until the end of August. They were also informed that Bailey (Malta) Ltd had ill-administered the Malta Dockyard and had incurred heavy financial losses.1269

1263 Ellul Galea (1973) 424-425. 1264 PDLA, 25.v.1962. 1265 See 81, 82. 1266 NARMAG-800/1962. 1267 TTM, 27.vi.1962. 1268 TTM, 22.viii.1962. 1269 Ellul Galea (1973) 424-425.

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In the result, while declaring that he did not go to England ‘for a silver collection’,1270 Dr Borg Olivier ended his protracted visit by making a formal request for Independence within the Commonwealth.1271 The Prime Minister received an immediate positive reply from Sandys, proposing another round of talks - ‘the year of decision’.1272 He thus returned to Malta with the precise intention to instruct the Attorney General Professor Cremona to prepare a new draft Independence Constitution.1273 On 29 September 1962, the new Governor Sir Maurice Dorman (1963-1964) inaugurated the opening of the television station in Malta - the Malta Television Service. Such an historical event in broadcasting coincided with legislative developments of relevance. While adamantly persisting in his refusal to take part in television broadcasts owing to ‘political imbalance’ against his party, the leader of the Opposition Mr Mintoff asked for the removal of the ‘protection of the religious sentiment’ clause from the Broadcasting Ordinance (1961). In a petition to Sir Maurice dated 25 October 1962, he argued that such a provision ran afoul of the constitutionally-entrenched ‘freedom of expression’.1274 Other work proceeded within the Attorney General’s Office and the two ‘Electricity’ bills were drafted in line with the conclusion of further negotiations with the World Bank.1275 Dr Borg Olivier answered the leader of the Opposition that he was free to move his proposal the Legislative Assembly. But the Prime Minister made it clear that in his view the proposal offended the great majority of the strongly religious people of Malta.1276 On 2 November 1962, the Opposition leader turned to the issue of redundancies. He submitted a motion of urgency to force the government to provide the necessary facilities to workers protesting against discharges.1277 Although he received

1270 Ganado (1977) v4, 369-372. 1271 Cremona (1990) 278-279. 1272 Frendo (1999) 35-99. 1273 Cremona (1989) i and xii. 1274 Sacco (1985/2) 100. 1275 APRGG-46/1963. 1276 NARMAG-95/1960. 1277 PDLA, 2.xi.1962.

192 pre-independence legislatures the support of the GWU, which held a one-day national strike, the motion was defeated.1278 The Notarial Council took advantage of the current industrial trouble to petition the government for an early amendment to Ordinance XXI (1962) for the purpose of returning to its members their ‘traditional rights’ in connection with adoption according to the old legal system.1279 However, in the last quarter of 1962, the PN enacted only half a dozen amending statutes, including Acts VIII and IX1280 to extend the National Insurance and Assistance Acts (1956)1281 to the self-employed.1282 In mid-December 1962, Dr Borg Olivier returned to London to commence discussions relating to Independence.1283 Duncan Sandys agreed with the Prime Minister to place the Dockyard under an experienced and influential administrative council.1284 On 15 February 1963, the PN first enacted a provisional statute to entrust the business of Bailey (Malta) Limited to a Council of Administration – the Dockyard (Temporary Provision) Act or Act I of the year.1285 Sir Maurice assented to the measure on 15 February after the Legislative Assembly unanimously approved it in one sitting ‘to save the Drydocks’.1286 Although preferring more drastic action, the MLP voted in favour of the transfer.1287 Mr Mintoff, whose solution to the Bailey problem was nationalisation, or at least a 51% holding in the company by the Maltese, remarked that the relevant 1959 legislation ‘had been a good thing’. But he was glad that the MLP had not been responsible for it.1288 Dr Borg Olivier nominated Sir Eric Milborne as Chairman of the Council and Swan Hunter as Managing Agents.1289 Act I (1963) was something of a landmark

1278 TTM, 2.xi.1962. 1279 NARMAG-165/1963. 1280 NARMAG-1052/1962. 1281 See 135, 137. 1282 See ACZIntr. 1283 TTM, 7.xii.1962. 1284 Frendo (1999) 590. 1285 PDLA, 15.ii.1963. 1286 Ellul Galea (1973) 428-429. 1287 Mizzi (1995) 62. 1288 Frendo (1999) 427. 1289 Ellul Galea (1973) 445.

193 constitutions and legislation in malta in Maltese legislation because it was the Act that, in substance, rendered Malta economically independent of Britain. In the first half of 1963, while the Opposition continued its battle with the Church, and also with its pressure on Sir Maurice to eliminate the protection of religion clause from the Broadcasting Ordinance (1962), the PN concentrated on the Independence proposal.1290 Between March and June, the PN did pass around two dozen statutes but these were mainly historically insignificant amendments to existing legislation. Fully aware that the emergency powers under the 1961 Constitution were due to expire on 3 March, the PN included an important statute to enable the making of subsidiary regulations regarding ‘illegal contingencies’, including illicit strikes.1291 It declared its will to enforce the relevant statute, the Emergency Powers Act or Act VIII (1963), before London communicated its approval of the measure.1292 In fact, in the same month of March, the British Commissioner Sir Edward Wakefield was the first person to make an announcement on security in relation to Malta when he said in a press conference that his country, which shared the weight of NATO, would reduce the function of the military services in Malta to that of ‘forward operating base’.1293 The MLP disagreed with Act VIII (1963), calling the measure ‘most undemocratic’.1294 The other statutes enacted in the first half of 1963, included Acts XXIV and XXVII (1963) to provide for a Malta Electricity Board and for a loan from the World Bank to expand electricity supply.1295 The two Electricity Acts were the result of the previous year’s negotiations, during which the World Bank agreed to grant a further £2,680,000 loan provided the local power station became of ‘independent ownership’.1296 In fact, the World Bank

1290 NARMAG90/1960. 1291 VM, 3.iii.1963. 1292 Frendo (1999) 460. 1293 Ganado (1977) v4, 369. 1294 PDLA, 2.iii.1963. 1295 APRGG-46/1963. 1296 See MCCIntr.

194 pre-independence legislatures invited the Maltese Premier to visit the US for that purpose.1297 The PN adopted such Acts at an important stage of the country’s economic development. Following a first transitional 1959- 1962 period of ‘underproduction’1298 that had coincided with a turbulent and even hysterical politico-religious conflagration, the first signs of an investment boom under the Aids to Industries Ordinance (1959) appeared at this time.1299 The Tourist Board issued authorisations to big entrepreneurs to construct five-star hotels in bays or on promontories. The list included the Preluna Hotel in ,1300 the Paradise Bay Hotel in Marfa1301 and the Selmun Hotel in Mellieħa,1302 and even a hotel on the island of Comino.1303 On 31 May 1963, Duncan Sandys returned to Malta to hold talks with Dr Borg Olivier and receive from him a copy of the draft Independence Constitution,1304 on which Professor Cremona had worked incessantly since 1962.1305 On 15 July 1963, a high-level Maltese delegation led by Dr Borg Olivier in a political capacity, and Professor Cremona qua draftsman, flew to London to put the draft Constitution to the test.1306 At this time Mr Mintoff visited Italy to try and negotiate some form of association on the lines of the Republic of San Marino.1307 The delegation held a Conference in Marlborough House,1308 which Malta Television covered extensively.1309 The political parties reiterated their electoral promises and opinions on the theme of Independence, with the exception of the PDN, which also expressed an opinion in favour of the acquisition of

1297 Frendo (1999) 360. 1298 Spiteri (1969) 26-27. 1299 Ganado (1977) v4, 450-458. 1300 NARMAG-343/1963. 1301 NARMAG-2/1963. 1302 NARMAG-158/1963. 1303 NARMAG-140/1963. 1304 TTM, 1.vi.1963. 1305 Cremona (1989) I and xii. 1306 TTM, 14/15.v.1963. 1307 Frendo (1989) 248-252 and (1999) 327-359. 1308 M(I)C 6-14. 1309 Sacco (1985/2) 103.

195 constitutions and legislation in malta sovereignty.1310 However, the political parties disagreed on other issues. Dr Borg Olivier was for a Constitution that bestowed a privileged status and special protection on the Roman Catholic Apostolic Religion as it had been legislatively recognised since Act I (1922).1311 Archbishop Gonzi strongly favoured the insertion of such a clause to give the Church this protection.1312 On the contrary, Mr Mintoff and his party wanted to republicanise the country and subject it to a Maltese President as Head of State. He wanted to effectuate ‘six points’ on the status of the local Church that included restriction of Catholic burials and the introduction of civil marriage in the country.1313 As amply illustrating in meetings and exchange of letters with London when he reviewed the history on the laws of the 1820’s and the mixed marriage issue1314 (1892),1315 Archbishop Gonzi feared mostly the introduction of civil marriage. On 31 July 1963, Duncan Sandys asked the Maltese political parties whether they wanted an immediate grant of Independence. Sandys preferred to grant Malta a monarchical Constitution1316 within the Commonwealth, and tied to an Anglo-Maltese financial and defence treaty because of Malta’s intimate association with Western .1317 On 1 August 1963, the British government announced on the BBC World Service that Malta should become an Independent State not later than 31 May 1964.1318 Dr Borg Olivier flew to the United States to formalise the loan agreement with the World Bank1319 and offer Malta as a ‘Polaris submarine base’.1320 The PN drastically reduced its legislative programme to concentrate on Independence.

1310 Frendo (1999) 151-176. 1311 See Vol 1 122, 123. 1312 Ganado (1977) v4, 390-393. 1313 Cremona (1997) 73. 1314 Frendo (1999) 169-172. 1315 See Vol 1 29, 30, 61, 64. 1316 Sceberras Trigona 94. 1317 Frendo (1999) 113 passim, and 173. 1318 TTM, 2.viii.1963. 1319 TTM, 11.ix.1963. 1320 Frendo (1999) 264-290.

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On 28 October, Governor Dorman opened the second session with a Speech from the Throne. He announced the Maltese government’s plans to quicken the pace towards the historic date without neglecting other important projects, particularly a mass emigration scheme to alleviate the growth in population in general and in the number of unemployed.1321 On 29 November, Dr Borg Olivier caused a commotion in the Legislative Assembly. He revealed that he had agreed with Duncan Sandys to consult the local political parties but to leave the final word on the format of the Independence Constitution in the hands of the Secretary of State because of divergences between them on fundamental issues, particularly the Church’s status, the choice between monarchy and republic, Commonwealth membership and the electoral system.1322 From this point to the end of 1963, the PN passed a few other unimportant statutes relating to matters other than independence, including an amendment to the Civil Code law of adoption regarding the registration of adopted children (Act XXVIII 1963).1323 However the independence issue remained at the top of everyone’s mind. On 21 January 1964, Dr Borg Olivier renewed his request to Duncan Sandys to assume responsibility for setting the final form of the Independence Constitution. The MLP in its dealing with the Colonial Office insisted on the insertion of its proposed amendments, including the conversion of Malta to the status of a Republic.1324 At home the PN government inaugurated a new Television House in Gwardamanġa1325 and discussed and enacted another four statutes of minor importance. On 30 March 1964, after a delegation of the political parties visited London to resume the Independence talks,1326 in an all- night sitting of the Legislative Assembly, the PN government moved and passed the draft Constitution with almost unanimous

1321 PDLA, 28.x.1963. 1322 Ganado (1977) v4, 407-411. 1323 NARMAG-692/1963. 1324 Frendo (1999) 210-211. 1325 Sacco (1985/2) 100-102. 1326 Frendo (1999) 212-221, 242-250 passim.

197 constitutions and legislation in malta approval (25 votes to five). The approved draft Constitution was the Cremona model and incorporated the Gonzi proposals, including the grant of a privileged status to the Roman Catholic Church with other enjoying freedom of conscience.1327 On the same day, the Assembly passed Act VI 1964 to hold an Independence referendum on the basis of an ‘aye’ or ‘nay’ vote between the following 2 and 4 May.1328 The Attorney General reported that the government had found no reason for departing substantially from the Referendum Act (1955),1329 essentially using that enactment as a basis but without the ‘trusted friend arrangements’ (voting by proxy) and other minor matters.1330 To dedicate all its energy to the Independence Referendum, the PN postponed the ‘budget’ due for 31 March and practically the whole legislative process.1331 By this time it was entirely preoccupied by the approach of the so great an historical event. Under the Referendum Act, the government appointed nine Magistrates to act as Revising Officers.1332 The referendum campaign found the political forces locked in a fierce controversy. The MLP refrained once again from participating in Rediffusion and television programmes. On 17 April 1964, the Archbishop’s Curia issued a Circular Letter declaring that ‘Independence was a Political Issue’ and so the Church would ‘not intervene’.1333 Since the eve of the referendum was 1 May, the feast of Saint Joseph the Worker or ‘Worker’s Day’, the Diocesan Junta organised a pacifist mass gathering in Floriana. While refusing to take part in a pre-referendum television programme as the Broadcasting Authority had allegedly ‘censored’ its script,1334 the MLP transmitted its own messages from , Egypt,1335 issued a directive to its supporters to vote ‘no’ for the ‘Catholic’

1327 PDLA 30.iii.1964. 1328 APRGG-72/1964. 1329 See 132, 133 passim. 1330 NARMAG-167/1964. 1331 See ACZIntr. 1332 MGG 11628, 7.iv.1964. 1333 TTM 20.iv.1964. 1334 See MLP, Xandira. 1335 Sacco (1981/2) 103.

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Constitution.1336 The GWU immediately gave its support to the MLP.1337 The PCP, CWP and PDN pleaded for abstention from the polling stations.1338 Nonetheless, out of 156,844 eligible voters, 129,649 (82.6%) cast their ballot. 65,714 or 50.7% of those voting, who represented 41.9% of the electorate, favoured Independence.1339 Notwithstanding the fact that the ‘aye’ votes did not represent a ‘clear and unmistakable majority’ according to the Colonial Office, Duncan Sandys preferred to grant Independence to Malta under a PN administration in terms of the Constitution which the Maltese Legislative Assembly had approved in March.1340 London also announced that it had signed a defence treaty with the Maltese government to provide for the presence of British forces and to ensure their proper roles and care for the well-being of the Maltese people. It also announced a grant of £5,000,000 over a ten-year period and other subsidies, including emigration funds.1341 Evoking the spectre of a possible coup shortly after Independence,1342 the MLP criticised the government for the quality of the concluded defence treaty. The GWU were against any provision permitting the ‘Defence Council’ to retain its military presence in Malta.1343 The Defence Council was composed of representatives of the Royal Navy, Royal Army and Royal Air Force. It continued the grim task of discharging Maltese employees from its bases.1344 On 31 July 1964, Duncan Sandys, British Minister for Defence since the run-down of 1957,1345 moved through the British Parliament the Malta Independence Act.1346 In particular, the Act provided for the investment of full legislative powers in

1336 Hel, 28.iv.1964. 1337 MN, 29.iv.1964. 1338 F, 10.iv.1964. 1339 APRGG-72/1964. 1340 Sacco (1985/1) 211. 1341 Frendo (1999) 607 passim. 1342 O, 22.vi.1964. 1343 Frendo (1999) 406 et seq. 1344 NARMAG-36/1964. 1345 See 138 et seq. 1346 12&13 Eliz 2, ch86.

199 constitutions and legislation in malta the ‘Maltese Parliament’, or rather the Governor General in representation of the monarch and the House of Representatives jointly. The Act also provided for the contemporaneous cessation of all responsibility of the British government for the affairs of the country, and of the power to extend laws to Malta by Order- in-Council.1347 Queen Elizabeth II issued in Council the Malta Independence Order and the annexed Constitution, which included the ‘appointed day’, 21 September 1964.1348 Dr Borg Olivier had aspired to make Independence Day the Otto Settembre, which had come to epitomise also Malta’s victory over the Axis Powers in the war, but the Duke of Edinburgh could only be in Malta for the celebrations on 21 September.1349 The English press reported on the ‘exceptional rush’ with which the British Parliament passed the Malta Independence Act, commenting that it was a ‘generous albeit deserved’ treatment because of the Maltese people’s heroism towards the British Empire, especially in World War Two.1350 On 20 August 1964, the Legislative Assembly passed the appropriate resolution to render Malta a Commonwealth member, and made provision for integrating Commonwealth Affairs with the new Ministry for Foreign Affairs.1351 Dr Borg Olivier invited to the ceremonial transfer of sovereignty the member states of the United Nations Security Council as well as the members of NATO and the Commonwealth, and the last six Governors (from Sir William George Dobbie to Sir Guy Grantham).1352 On the morning of 21 September 1964, in the lit-up arena of Floriana where thousands of Maltese gathered to shout ‘Viva Malta’ and chant the national anthem, Queen Elizabeth

1347 MGG 11688, 18.ix.1964. 1348 Cremona (1997) 75-76. 1349 NZ, 24.ix.1964. 1350 Ganado (1977) v4, 425-429. 1351 PDLA, 20.viii.1964. 1352 TB, 21.xi.1964.

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II’s representative, the Duke of Edinburgh Prince Philip, handed the Independence instruments to Dr Borg Olivier.1353 By that act, Britain formally transferred sovereignty to the Maltese after 150 years of rule over Malta as a fortress-colony of the British Empire. Archbishop Gonzi, whose Roman Catholic Church was expressly granted privileged status in the new Independence Constitution,1354 participated fully in the celebrations and read a prayer of dedication.1355

1353 TR, 7.x.1964. 1354 MC (1964), Art 2. 1355 Spiteri (1989) 159.

201

PART V CONCLUSIONS

Chapter 14 EPILOGUE the influences in being and operation in Malta in 1914-1964 on the making (non-making and unmaking) of Acts under responsible government, and Ordinances under Crown colony rule, are considerable and diverse. It emerges from a reading of the whole period that the enactment of Acts and Ordinances depends on the influences of many persons (or groups of persons) whose actions (and inactions) and series of actions (or events) are multiform in character and varied in degree.

Outside Malta, the immediate influences generally consist in directions from the Secretary of State for the Colonies and the Minister of Defence to the colonial representatives in Malta to follow British imperial policies varying from expansionism to decolonisation. The context, a background influence, includes world wars such as the two international armed conflicts in 1914- 1918 and 1939-1945, and Mussolini’s movements in 1924-1935. Inside Malta, on the imperial and governance side, the influences principally emanate from decisions of the Governor, the official members and the Armed Forces of the Crown (the Royal Navy, Royal Army and Royal Air Force). They either follow or proceed to the instructions of the superior authorities in London and involve the ancillary albeit technical advice of legal experts and staffs. As a rule, gubernatorial and military resolutions in Malta concern defence and security matters but in particular instances they even relate to the British services’ claims to occupation and property in the country. On the Maltese side, the influences on the enactment of Acts and Ordinances in Malta in 1914-1964 are larger in number and extent. The recurrent ones provide interesting choices for

203 constitutions and legislation in malta analysis. There are the elected members within the legislature. In groups or as individuals, they generally decide according to the beliefs of their political parties (and respective newspapers). Functioning in line with the Holy See and Vatican and comprising subordinate entities such as the body of parish priests, the local Roman Catholic Church is the next most important institution. The religious houses, nobles, peasants, lawyers, merchants and trade unions are strong in their own right and according to their own policies and norms. At grassroots level, the influences range from the masses taking to the streets in various manifestations, to groups and persons behaving in specified circumstances. They differ from the popular riots of 1919 to the stealing of sand in 1948. Infinite is the number of types and chains of influences on the enactment of Acts and Ordinances in Malta in 1914-1964. Yet, it is not impossible to identify the major and most effective of such influences. Of course, essentially constituted of an assemblage of human actions and varying from the advent of the international wars to the burying of sand, overseas and local events must be kept in the background. Besides, it has to be assumed that colonial representatives and other official incumbents in Malta take actions and decisions in compliance with their superior authorities abroad. The following are the major and most effective influences in 1914-1964: the Governor (and ancillary body of colonial administrators), the Armed Forces of the Crown, the political parties (and their press) and the Roman Catholic Church. Both individually and as a body, lawyers are the persons most politically involved within and outside the legislature. Other important groups are the merchants officially represented by the Chamber of Commerce, the nobles, trade unions and peasants.

14.1. THE GOVERNOR AND THE ARMED FORCES OF THE CROWN

The Governor was the official representative of the Crown. He was the Head of State and at the head of the legislature. In

204 epilogue reality, his influence in Malta revolved around two relationships, one with the British military and another with local forces. The Royal Army, Royal Navy and Royal Air Force were the Armed Forces of the Crown. They were officially branches of the British Ministry for Defence and the War Office operating separately from the Colonial Office and the Secretary of State for the Colonies in London. Effectively, the Forces’ influence on Malta alternated among their relationships with the Governor, the Maltese and themselves. In 1914-1921, 1933-1939, 1939-1947 and 1958-1962, the legislature was composed of an official or Governor-nominated majority, or was not composed at all. Otherwise, it was composed equally of official and elected members while the Governor was given a casting vote. Whether the legislature was the Council of Government or Executive Council, the voting and decision- taking process within it was politically subject to the Governor’s control. Apart from 1918-1921 when the elected members attended regularly the sittings of the Council of Government, politically the Governor found opposition or agreement on the enactment of Ordinances only from outside the legislature. Under Crown colony rule, legislation, whether originating in the Colonial and War Office in London or in the Governor in Malta, took mainly three forms. There were statutes of emergency to cope with the actual or potential effects of international armed conflicts, British expansionism and decolonisation. These included the regimentation of territorials, the removal of the Italian language from official status, war damage funds and gratuities, and privatisation of the Dockyard. Other statutes were financial and fiscal to restructure and revive the country’s economy. The list contained ‘austere’ retroactions to impose duties on stamp, entertainments, succession and donation and excess profits duties. It also had the grant of monopolies, promotion of tourism and aids to industries. The third category of ‘benevolent’ laws was meant to improve institutions and assist social sectors such as the agrarian, medical, health and housing. The relevant measures comprised the preservation of fertile

205 constitutions and legislation in malta soil, the introduction of veterinary service, a radical change in bull breeding, rent decontrol and the institutionalisation of broadcasting. Besides the political parties, the Roman Catholic Church, the nobles, the Chamber of Commerce and trade unions constituted the interested groups and persons who from outside the Council of Government or Executive Council collectively and severally objected or agreed to legislation. Since the Governor and official majority were in numerical advantage over the voting and decision-taking process within the legislature, the proposed Ordinances were all passed according to set agendas. It made no difference whether they originated in the War Office, the Colonial Office or by the Governor. There were merely a few delays in the enactment of certain statutes such as the Ordinance to rehabilitate the Mandraġġ. In 1921-1933 and 1947-1958, the legislature was partly autonomous and elected, and partly imperial and ex-officio nominated. In 1958-1962, it was single and entirely responsible. Whether it was constituted of a Legislative Assembly and Senate, or the Lower House alone, the Governor did not politically control voting and decisions in law-making. As long as legislation did not originate in the Colonial Office or in him within the imperial government, the Governor opposed neither the representatives of political parties, deputies and senators, nor the Armed Forces of the Crown. The Acts of the self-government legislatures were basically aimed at reforming the institutions, infrastructure and welfare of the country in a state of politico-constitutional semi- autonomy and socio-economic restructure or reconstruction. Statutes concerned ‘parliament’, justice, the treasury, post office, education, employment, social services, trade unions, housing and so on. The Ordinances of the Nominated Council in Malta had substantially the objective to tighten the military’s strategic and defence control over Malta under British expansionism or confederationism (membership in NATO during decolonisation). The relevant enactments focused on espionage, trespass, military training, aviation, territorial waters, wireless telegraphy and communications.

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Reactions coming from outside the legislature were certainly not in favour or against the persona of the Governor. The Head of State assented to the most controversial legislation emanating from the self-government regardless of whether the ruling party was in absolute majority, coalition or ‘compact’. The Acts concerning the constitution of the TUC and pari passu in education come to mind. The Governor did so even where the Acts of the self-government were constitutionally opposed by the Armed Forces of the Crown. Legislative examples were conspicuously the regulation of factories, the grant of a widows and orphans pension, the introduction of income tax and the establishment of employment conditions. Moreover, he was signatory to Ordinances emerging from the imperial government and politically opposed by the local groups and persons. The most significant measures concerned the control of dangerous drugs, the legalisation of military training, the provision of housing, the establishment of NATO Mediterranean Headquarters and the regulation of audio-visual telecommunications. The Governor even rubber-stamped a series of enactments which afterwards the highest judicial tribunals of Malta considered unconstitutional. Amongst others, there were measures to grant workmen’s compensation and to introduce Maltese as a language of the courts. Finally, he assented to Acts that purported to re-Italianise the country. In all situations, he left London to approve or disapprove the legislation, unless the self-government law-making machinery was amended or the whole legislature suspended. In 1914-1921, 1933-1939, 1939-1947 and 1958-1962, the Armed Forces of the Crown formed part of the official majority. However, they never wielded numerical control over voting decisions. As components of the legislature, they politically always voted with the Governor for enactments that derived from him or the Colonial Office and were not military. In 1921-1933 and 1947-1958, the Armed Forces of the Crown had each a delegate in the Nominated Council. They were not represented in 1962-1964 when the Council was not re-

207 constitutions and legislation in malta constituted. Together they commanded the voting and decision procedures in matters of legislation of the Council. Ordinances based on War Office instructions and connected with defence were all passed as proposed: control of aviation, secrets and wireless telegraphy, the legalisation of military training and the establishment of the NATO Mediterranean Headquarters. Contemporaneously, they politically backed the Governor where Ordinances originated in the Colonial Office or him to control dangerous drugs and audio-visual communications. In 1921-1933, the Admiralty opposed self-government legislation which it considered to touch its interests. Statutes to re-organise the notarial system, to regulate factories and to grant compensation to workers are significant examples. Although it could not stop the relevant enactments, it did force the exclusion of their effects to the Dockyard by specific clauses or ad hoc agreements. As with the rapport between the Forces’ delegates, the demands of the Royal Air Force representative regarding air space were never resisted. The statute to prohibit photographs on board aircraft is an illustrative case. In 1947-1958, the Forces’ opposed the application of labour law of the responsible government to their departments. The effects of legislation on conditions of employment and national insurance and assistance were not extended to them. Income tax was rendered applicable through the intervention of the Colonial Office.

14.2. THE ELECTED MEMBERS AND POLITICAL PARTIES

The political parties, organisations with electoral and policy programmes, competed with each other to elect members to the legislature on the basis of franchise. They were the formations that emerged to represent the people in the running of the country. They were the groups which, through their elected members, voted and decided within the law-making body and propagated their ideologies via the press, mass manifestations and so on.

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In 1914-1921, the elected members formed the smaller group. In 1933-1939 and 1958-1962, the legislature was either not constituted, or constituted but composed of Governor- nominated members. In 1939-1947, the members elected from political parties to the legislature were in parity with the official members, but were subject to the casting vote and political exigencies of the Governor. In all these periods, the elected members were always in a minority within the legislature. They could never influence the voting and decision-taking process of legislation even where they wholly disagreed with the official members by symbolically abstaining from Council sittings or voting negatively while attending debates. It was useless for the PN and its allied forces to protest. Politically, Lord Strickland and Dr Mizzi gained nothing by impugning the imposition of taxation as ultra vires. Even when the masses rioted, London was driven to amend or suspend the fundamental law rather than to revoke legislative enactments. Unless the elected members themselves programmed legislative measures, as in the cases of compulsory education, the setting up farmer’s cooperatives, trade unions and trade disputes, they were generally unable to resist enactments according to proposals, including the most controversial such as the introduction of succession and donation duties, the removal of Italian from official status, the deportation of a group of Maltese politicians, the privatisation of the Dockyard and the institutionalisation of broadcasting. In 1921-1933, 1947-1958 and 1962-1964, the elected members were separated from their official counterparts for the purpose of law-making. They responded to legislation according to the electoral and policy programmes of their respective parties both in and outside the legislature. The ruling majority among deputies and senators, whether absolute, in coalition or ‘compact’, politically controlled the enactment of legislation. Mathematically, the content of statutes was in compliance with the intendment of the political parties in government. However, in coalition or compact situations, the elected members belonging to the larger

209 constitutions and legislation in malta party were often compelled to pass Acts to satisfy the demands of their smaller partner. In 1921-1933, the two major political parties were on paper the Unione Politica Maltese, the Partito Nazionalista and the Constitutional Party. The peripheral parties were the Partito Democratico Nazionale and the Labour Party. The PN was born out of a fusion between the UPM and PDN. In 1922-1924, the UPM governed in coalition, first with the LP and then with the PDN. But it was not politically willing to govern with the LP. In 1922-1923, it made a partnership with the LP. But as it unfolded from the enactment on pari passu in education, legislation was politically more passed according to the wishes of the PDN. In 1923-1924, the UPM was ideologically and politically conditioned by the PDN within the legislature. Without the PDN’s votes, it was unable to govern and legislate. The expressions of the PDN leader, Dr Enrico Mizzi, a zealous supporter of Roman Catholicism, an official spokesman for the Chamber of Commerce and staunch defender of the rights of benefit societies, were incorporated in statutes to legalise public lotto, systematise the electoral system, organise the post office and in many others. In 1924-1926, until the PN was created and two LP members joined the PN, the UPM was politically tied to the PDN while the LP refused to unite with the CP. The UPM had to keep the LP away from the CP and, thus, the enactment of legislation was also conditioned by the LP. Notwithstanding his charisma and impressive talent as politician and legal connoisseur, Sir Gerald Strickland in Opposition was politically incapable of blocking the enactment of the most controversial enactment: the TUC Constitution Act. However, he held enough sway in the lobbies and corridors of Whitehall to influence its neutralisation by London. In 1927-1930, the CP governed in compact with the LP albeit with a minority of senators. The PN took political advantage of its edge over voting and decision-taking within the Upper House. It also resisted from outside the legislature through court actions so long as Lord Strickland did not pressure

210 epilogue

London into amending the Constitution and suspending the legislature. Once the Legislative Assembly was vested with the ultimate power to decide on legislation, the CP still needed the votes of the LP to secure an absolute majority and politically depended on its influence. Thus, the LP under Dr Paul Boffa pressed forward statutes concerning rent regulation, the grant of workmen’s compensation, and the use of Maltese as a court language. In 1932-1933, the PN governed with an absolute majority. Until London stretched out its longa manus to retract the Constitution, the PN steered legislation through the legislature without hindrance. In 1921-1933, both the UPM/PN and CP/LP were politically powerless to restrain the enactment of legislation of the imperial government in Malta, including the most controversial to control dangerous drugs and legalise military training. Conversely, they had to exclude the application of employment legislation to the Armed Forces of the Crown and the Admiralty by specific clauses or ad hoc agreements. In 1947-1958 and 1962-1964, the largest parties were in theory the Malta Labour Party, the Partit Nazzjonalista and, for a time, the Malta Workers Party. The minor ones were the Democratic Action Party, the Gozo Party, the Masini Party, the Progressive Constitutional Party, the Partito Democratico Nazionalista and the Christian Workers Party. In 1947-1950, the MLP governed with an absolute majority. It enacted an average of 50 statutes each year. But following the ‘split’ within the MLP, the MWP assumed the reins of administration with a relative majority. In 1950-1951, the PN was in the same predicament and did not outlive the first session. In 1951-1955, the PN governed twice in coalition with the MWP. In 1950-1951, the MWP and PN governed subject to the collective influence of the minor parties inside the legislature. In 1951-1955, the PN together with the MWP enacted legislation according to the coalition programme but without

211 constitutions and legislation in malta ignoring the requests of the younger and smaller party. In 1955-1958 and 1962-1964, the MLP and PN governed with absolute majority respectively. The enactment of legislation was generally as proposed. Mr Dom Mintoff’s oratorical skill in 1955-1958 outweighed the inertia of Dr Giorgio Borg Olivier and the weakness of Dr Boffa in 1950-1955. In 1962- 1964, Dr Borg Olivier’s charm and firmness triumphed over Mr Mintoff’s impulsiveness and obstinacy. In 1947-1958, the political parties in and out of the legislature were time and again unable to prevent the imperial government from legislating upon the NATO Mediterranean Headquarters and control of communications. The MLP forced the Governor into revoking the NATO Ordinance following Mr Mintoff’s visit to the Colonial Office in London. Concurrently, they limited the statutes on conditions of employment and national insurance and assistance to the local government. By way of exception, the MLP extended income tax to the Armed Forces of the Crown following the intervention of London.

14.3. THE ROMAN CATHOLIC CHURCH

The local Church was institutionally a diocese of the Holy See. Since at least the Late Middle Ages, the Roman Catholic religion was the religion of the Maltese people. Malta was never theocratic. However, the Roman Catholic Church looked upon itself as the one and only religion of the country. Spiritually and temporally, it had grown like a ‘State’ of its own. It believed that the State was not competent to legislate on matters affecting its religious and institutional interests. Through the body of parish priests, it sowed and cultivated extensive influence at grassroots level. In 1914-1964, the local Church was one of the frontline forces which, from outside the legislature, spoke out on the enactment of legislation in different ways. In 1921-1933, it was also given senatorial representation and had a hand in the ultimate law-

212 epilogue making decisions. In 1914-1921, the local Church was one of the chief powers that opposed taxation. Although its thought was more directed towards controlling the infiltration of Protestantism or Bolshevism into Malta, it did politically stand up against enactments which it envisaged as financially prejudicial. This was despite the fact that it was the only institution freed from the payment of succession and donation duties. In 1933-1939, the Church as a hierarchy vigorously objected to fiscal measures notwithstanding that it was weakened by the Archbishop’s sickness and London’s intrusion in matters concerning the appointment of his successor. It was the only entity re-exempted. The Gozitan and Maltese parish priests as an independent body or individually also joined farmers in a reprisal against legislative enactments to implement a radical change in the breeding system of bulls and to install water- pumps. Independently of their Church, they failed in their endeavours. In 1939-1947, re-invigorated by Monsignor Michael Gonzi’s appointment as its spiritual leader, the local Church had its catechism adopted as the basis for compulsory education. In 1958-1962, at the peak of the second politico-religious confrontation with the MLP, broadcasting legislation enjoined that the Church’s name was to be protected against defamation. In 1921-1933, the local Church was one of the five institutions which were given two special senators. The UPM, PDN and LP included ecclesiastical functionaries in their rolls of candidates. There were renowned prelates among deputies and Ministers. For cultural, linguistic and historical reasons, the UPM and PDN came out with electoral manifestos declaring adherence to the Church’s dogmas and teachings. Politically, the UPM and PDN exchanged support with the Curia in and outside the legislature. The CP and LP also professed to follow the Catholic faith. But they believed that the Church should never meddle with State policies and legislation touching even religious matters. Politically, the two sides never saw eye to eye. In 1921-1927, the Church in Malta politically influenced law- making from different angles within and outside the legislature.

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Priest-politicians like Monsignors Francesco Ferris and Enrico Dandria were Cabinet members directly involved in the drafting of statutes concerning the declaration of the religion of Malta, compulsory education and other themes that interested their Church. Under a variety of pressures ranging from Dr Enrico Mizzi’s personal commitment to defend it to the boisterous retaliation of the Franciscan Minor Conventuals who referred to it as their only protector, the UPM/PDN and PN gave the Church special treatment where it required safeguards. The vilification of the Roman Catholic religion’s name was criminalised. It was left to regulate its own property in the protection of antiquarian and artistic things, and to accumulate its wealth by virtue of a more liberal mortmain system. The recognition of divorce was ruled out because it was incompatible with the marriage as a sacrament in enforcement of foreign judgments. In 1927-1930, as part of a block-vote in the Senate, the Church attempted from the outset to hinder the legislative process. Soon after the CP-LP declared that the law on parliamentary privileges and immunities had rendered the State supreme over and above any other institution of the country, the two clergymen voted against the first estimates. Since the CP-LP governed in ‘compact’ with the LP but with a minority of senators while the Second Chamber was empowered to defeat legislation that was brought twice before it, the two ecclesiastics helped the PN in Opposition to outvote the relevant Appropriation Bill. A massive politico-religious confrontation was, therefore, provoked. In 1927-1930, the CP-LP manipulated law-making only after London revised the Constitution and subjugated the Senate to the ultimate control of the Legislative Assembly. But they were able to do so as long as the legislature was in operation. In order to damage the CP-LP electorally, the Church counter- attacked at the diplomatic and popular levels. For the purpose, it published a newspaper, recognised lay bodies that spread its good news, incited the faithful to take to the streets and imposed spiritual penalties, the ‘mortal sin’, on the CP-LP voters. London had to suspend the Constitution and the legislature, and Lord Strickland was obliged to apologise to the Archbishop.

214 epilogue

In 1947-1958, as opposed to 1921-1933, the Senate was not re-constituted. Hence, the local Church did not technically form part of the law-making body. The political parties did not include priests as candidates because the Church did not allow its members to contest elections. The PN returned with manifestos pledging allegiance to the local Church within and outside the legislature. In real politics, however, they moved hand in hand. Although the MLP insisted that the State should implement legislation and policy without outside interference, it reiterated its faithfulness to Roman Catholicism and recognised the local Church’s political and institutional power. In 1947-1958, the Church politically wielded its influence on the enactment of legislation only from outside the legislature. While adamantly and defiantly sticking to pre-aggiornamento policies, it made the best use of the available means of communications to voice its opinion. Besides the parish churches, lay bodies and the written press, it now exploited the audiovisual media of rediffusion and television. It undertook charitable projects, conspicuously the building of housing estates for the poor. Above all, it organised political activities. It fully backed those political parties which supported it. In 1947-1958, the MLP exempted the Church from succession and donation duties and income tax. It extended rent regulation to the MUSEUM and other lay societies that taught the Christian catechism. It declared its intention to protect the Church if Malta integrated with Britain. The MLP governed in absolute majority both under the leadership of Dr Boffa and Mr Mintoff and controlled the self-government legislation. However, the Church resisted Integration with Britain on the ground that the infiltration of Protestantism and divorce would thereby be facilitated. It influenced negatively the pattern of voting in the referendum. In 1958-1962, it engaged in a second politico-religious confrontation with the MLP, re-imposing the ‘mortal sin’ on Mr Mintoff. At the end of the term, it contributed to a PN electoral success. In 1962-1964, it re-contributed its influence, this time favourably, on the outcome of the Independence Referendum.

215 constitutions and legislation in malta

14.4. LAWYERS

Lawyers formed part of the professions most involved in politics and law-making. They were judges, advocates, notaries, legal procurators and University professors. Traditionally, lawyers belonged to the Italianate culture and as a general rule they were politically of a pro-Italian disposition. They influenced law- making as Prime Ministers, Ministers, deputies, senators and elected members. Outside the legislature, lawyers left personal impact as legal advisers to the government, expert commissioners, persons occupying high-ranking government posts, judges and members of their professional bodies: the Bench, Chamber of Advocates, Chamber of Legal Procurators and Council of Notaries. Their influence varied according to their position in and outside the legislature. In 1914-1921 and 1939-1947, the elected minority was made up of several lawyers. In 1921-1933, Sir Ugo Mifsud, Dr Enrico Mizzi and Lord Strickland were Heads of the Ministry. None compared in influence on law-making to Dr Mizzi when the UPM rested on the votes of his minor party, the PDN, within the legislature. This was in 1923-1924. Others like Dr Carlo Mallia, Dr Carmelo Mifsud Bonnici, Sir Augustus Bartolo, Monsignor Dr Francesco Ferris and Dr Alfredo Parnis occupied Ministerial positions. Many lawyers of the time were the backroom draftsmen of important legislation. Needless to say, lawyers who were deputies influenced the formation of legislation by participating in the relevant parliamentary debates. University graduates in the Senate generally came from the Faculty of Law. Lord Strickland was an English barrister who used his contacts in London to convince British governments to overrule decisions on the enactment of legislation in Malta. In 1947-1958 and 1962-1964, notary Dr Giorgio Borg Olivier was one of the political leaders who as Prime Minister presided over the government and the legislature for some years. Lawyers who were noted Ministers and deputies after World War Two included Dr Ġużè Cassar, Dr Giovanni Felice, Dr Herbert Ganado

216 epilogue and Dr Ġużè Pace. Dr Felice sat on expert commissions which were entrusted with the preparation of important legislation such as the statute on commercial partnerships. In 1914-1964, the Crown Advocate or Attorney General, and Legal Adviser, as well as their subordinates, were technically the State legislative draftsmen. In 1921-1933 and 1947-1958, they formed part of the responsible and imperial governments respectively. In the intervening periods their offices were not only retained but their efforts combined. In 1936-1939 and 1958-1962, the Attorney General was an ex-officio member of the legislature and participated directly in its deliberations. Both the Attorney General and the Legal Adviser influenced the enactment of legislation to the extent of their legal capacities. Names that left an indelible mark included Sir Arturo Mercieca, Sir Philip Pullicino and Professor John Joseph Cremona. But gone were the days of Sir Adrian when the Crown Advocate would influence politically and bureaucratically the formation of legislation from the beginning to the end. In 1914-1964 this was impossible. The instance when the Attorney General persuaded the Governor into legislating on the decontrol of dwelling houses in 1958 was unprecedented. In 1914-1964, the Attorney General and Legal Adviser generally looked at United Kingdom and colonial legislation for models. In 1933-1939, Dr Giuseppe Micallef as Superintendent of Agriculture was the draftsman of legislation to enhance the agricultural sector. In 1939-1947, outside the legislature, lawyers formed part of expert commissions that drafted important legislation such as the statute to restrict rent. In 1921-1933, Robert Pentland Mahaffy, an English solicitor of extensive legal ability, provided a rare example where the Legal Adviser was rather extremely hostile to imperial legislation. However, he was isolated within the imperial legislature. Despite the fact that he was the technical authority, the Dangerous Drugs and Military Training Ordinances were enacted contrary to his advice. Chief Justice Sir Michelangelo Refalo advised that the texts of imperial enactments had to conform to local legislation.

217 constitutions and legislation in malta

The Governor and Armed Forces of the Crown followed suit because it was to their advantage to do so. In 1914-1964, the courts barely influenced the enactment of legislation. The Military Training Ordinance was one rare exception. In 1928-1930, a series of judicial decisions led London to suspend the legislature rather than allow the enactment of legislation. In 1914-1964, the indigenous doctrine of the dual personality of the State was confined to case-law. In 1914-1921, the Chamber of Advocates opposed the Ordinance to introduce succession and donation duties. In 1933-1939, they protested, held demonstrations and organised boycotts against ‘emergency’ Ordinances to demote Italian from its official status. But in all situations, the voting and decision-taking process within the legislature rested with the Governor and the Armed Forces of the Crown. Enactments were imposed. In 1924-1933, the Chamber of Advocates together with the Chamber of Legal Procurators and Council of Notaries joined other local forces to oppose the statutory institutionalisation of military training.

14.5. NOBLES, MERCHANTS AND OTHERS

Other groups and persons who left an imprint, but occasionally and to a lesser degree, on the making of legislation in Malta in 1914-1964 were the nobles, the merchants, trade unions and the peasants. The architects, medical practitioners and intelligentsia feature nowhere as distinct groups that influence law-making in the period. Traditionally, the nobles were leading property-holders. They owned property in entail, usually without market value. For many years, they had been divided on the legalisation of the compulsory breaking of entail. But they were always a group to be reckoned with. Once they had been re-decorated with their ancient privileges by the Crown, they tended to be Anglophiles and supporters of the imperial government. The merchants were well-organised at the official level as a Chamber of Commerce and constituted another strong group. Trade-unions were rather late newcomers but were from the

218 epilogue beginning vociferous and to be given weight. The peasants were also property-holders with very old ties with their mighty Church. The architects and medical practitioners grew from strength to strength in their professional and academic performances. However, they did not grow strong enough to impress the legislator until the very end of the relevant period. In 1914-1921, the nobles were re-organised, particularly after Sir Gerald Strickland had returned to Malta from Australia and was appointed their President. In this period, they were divided against a legislative re-proposal to establish prospective compulsory disentailment. The enactment of the relevant bill did not materialise because of supervening legislative and constitutional priorities. In 1914-1921, the Chamber of Commerce opposed the many fiscal enactments of the period. It was one of the bodies that made its voice heard from outside the legislature at a time when the elected members were in a minority. The Chamber managed to delay the enactment of many taxation measures. In 1914-1921, the formation of the Imperial Government Workers Union saw the emergence of organised trade-unionism. The Chamber of Architects was given legislative recognition. In 1933-1939, the Chambers of Commerce reacted with other groups against the enforcement of fiscal legislation. In the midst of legislative developments concerning agriculture, the Farmers’ Union was created. Through a priest, Dun Edgar Salomone, the peasants of Mġarr opposed the regulation of water pumps. They were isolated. The Farmers’ Union did not stand up on the matter, showing that the interested community was divided. The Unions of Motor Buses and the Union of Stevedores also voiced concern and were consulted in connection with legislative enactments to regulate traffic and port work. The Chamber of Architects joined the pro-Italian groups in protests against the removal of Italian from official language. In 1939-1947, the Chamber of Commerce saw the birth of the Federation of Industries from among its folds. The General Workers Union was also created to replace the Imperial

219 constitutions and legislation in malta

Government Workers Union. A new era was heralded for the promotion of industry and trade unionism. There followed the genesis of legislation to regulate trade unions and trade disputes, arbitration and other hallmarks of industrial relations. In 1921-1933, the nobles were directly involved in the voting and decision-taking process inside the legislature. They were one of the five groups given senatorial delegation. But since they backed the CP, until the Constitution was amended, they were always in a minority. In 1927-1930, the CP had fewer senators than the Opposition. In 1923-1924, the nobles reacted as a body against a legislative proposal to recognise pontifical titles. They were completely ignored but the relevant enactment lapsed with the dissolution of the legislature. In 1921-1933, the Chamber of Commerce and Trade Union Council, as representatives of trade unions, were the other two bodies which had representation in the Senate. Inside the Legislative Assembly, the Chamber of Commerce also had Dr Mizzi as spokesman. The Imperial Government Workers Union, which represented the largest workforce of the Dockyard, was voiceless within the Legislative Assembly. It was unable to unite the smaller trade unions that emerged in the post-war period. Politically, both the Chamber and TUC were internally divided. Under the first self-government, the peasants vigorously opposed the imperial measure allowing military training on their land. But they could not stop the imperial legislature from proceeding with the relevant enactment. As with the bodies of architects and medical practitioners, they were not given senatorial representation. The British Institute of Architects, rather than the local Chamber, was consulted on the two master projects of the time: the Harper Area and General Hospital. Following the trenchant opposition of University students to the relegation of degrees from LLD and MD to LLB and MB, the University graduates were given representation in the Upper House in 1921. But special members from their body came always from pro-Italian law-students and their influence ultimately belonged to future pro-Italian lawyers rather than present University students. Robert V Galea practised his profession

220 epilogue of architect when he obtained a seat in the legislature. He kept distant from politics when he was the University Rector. Since its foundation, the Għaqda tal-Kittieba tal-Malti also kept apart from politics. It was not involved in Britain’s unilateral and political decision to give official recognition to the Maltese language. In 1947-1958, the Senate was not re-constituted. Leading nobles in combination with well-known academics and building entrepreneurs formed the Democratic Action Party. Two of their four elected deputies hailed from the aristocracy. Therefore, they continued to be directly involved in the decision-taking process of the legislature. Until the ‘split’ within the MLP, they influenced the enactment of legislation through debates within the parliamentary forum. After the ‘split’, with the MWP in relative majority government and with one of the minor parties in Opposition voting with it, the four votes of the DAP were decisive. In 1950, the MWP failed to pass legislation, including the Appropriation Bill for the year, and lost control of the government, owing to the fact that the DAP voted with the MLP and the Opposition. In 1947-1958, the Chamber of Commerce continued to act as the leading consultative body and the regulator regarding trade. The parameters of its influence on law-making ranged within the extent of those functions. The Federation of Industries added pressure. The GWU, the largest trade union, supported the MWP and MLP. The GWU was instrumental for the MLP and MWP governments in enacting important social legislation. It contributed to the statutory introduction of Whitleyism and the regulation of conditions of employment. In 1947-1964, the influence of the Chamber of Architects on law-making was more or less on a par with that of the Chamber of Commerce. Remarkably, Dom Mintoff, one of the main political leaders and Prime Ministers of the post-war era, was an architect by profession. As opposed to Dr Boffa, a medical doctor, Mr Mintoff as Prime Minister dominated over his Cabinet’s decisions. Under Dr Boffa, legislation was dictated by Cabinet Ministers who included the same Mr Mintoff. In 1947-1958, the influence of the Medical Council was effective in causing the

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Boffa and Mintoff governments to withdraw legislative measures for the purpose of introducing health insurance.

14.6. CONCLUSION

Apart from the political parties, the Maltese Church and the Armed Forces of the Crown are the two bodies that score the highest results within and outside the law-making process in 1914-1964. The local Roman Catholic Church is one of the indisputable winners on the scoreboard. It is the only institution exempted from succession and donation duties, income tax and other controversial fiscal measures. Both compulsory attendance and education require that the curriculum of religious studies at all levels of teaching has to be exclusively based on the catechism of Roman Catholicism. The vilification of the name of the Church is rendered criminal. Moral and material injuries by way of corrupt practices are prohibited under the electoral laws. Respect for its name is ensured in broadcasting. Moreover, the local Church is the only entity that is capable of forcing London to suspend the legislature or to change voting patterns in elections in favour of political parties that support or sympathise with it. The Armed Forces of the Crown are unquestionably the other triumphant bodies inside the arena of law-making in Malta during 1914-1964. In the post World War One period of imperial expansionism, the Forces are given control over wireless telegraphy, aerial photography and official secrets. The right to military trespass is sanctioned by legislation. In the context of the post World War Two imperial decolonisation but military confederationism, the NATO Headquarters are established in Malta but the Malta Dockyard is privatised. The Armed Forces are also successful in opposing and imposing conditions on employment legislation of the Maltese government which affects their interests. Statutes to regulate factories, widows and orphans pension, conditions of work, workmen’s compensation are some typical examples.

222 epilogue

Finally, three observations ought to be made. Firstly, Malta’s self-governments in 1914-1964 are inseparable for all intents and purposes when considering the history of Maltese legislatures and legislation. While keeping pace with the developments of the time, they build on each other. They form one whole and continuous story. Countless is the number of enactments which show that the foundations for the consolidation of Malta’s legal system in the post World War Two era were laid during the first responsible government and inter-war interval. The treasury and audit system (1926/1937) forms the basis for the modern system of financial administration of the country (1948/1962). The workmen’s compensation system (1929) is the pillar of the national insurance and assistance edifice (1956). The grant of monopolies to encourage new industries (1920) precedes the aids to industries (1958). The introduction of public lotto (1923) provides a granite-like foundation for a national lottery (1948). Compulsory attendance in schools (1923) is the stepping- stone to compulsory education (1947). The groundwork for trade-union and employment legislation is spread over the two self-government periods (1927/1933 and 1945/1952). Malta’s self-governments in the last 50 years of British rule cannot be considered separately when it comes to legislative history because in the period the country’s parties that dominate politics, alone or in coalition, are the PN and MLP. The ideologies of these two parties, Nationalism and Labourism, overlap considerably. In reality the two parties are less removed from one another than they are in principle. More often than not the Nationalists and the Labourites state in different languages the same proposals and policies which they bring to fruition by way of actions, including primarily legislative enactments and promulgations. It is erroneous to think that in 1914-1964 there is a political party more collectivist (or socialist) in legislation than any other. The legislation of the MLP and MWP-PN in 1947-1958 is constructed on that of the UPM/PN in 1921-1927 and 1932-1933. The PN improves on enactments of the CP-LP in 1927-1930 and of the MLP in 1947- 1950 and 1956-1958.

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Under the two responsible governments, the PDN or PN and LP (or MLP), the Nationalists and Labourites (whether the ‘Boffists’ or ‘Mintoffians’), declare their adherence or give recognition to Roman Catholicism as the prevalent religion of the country. While expressing inspiration from Roman Catholicism, their electoral and legislative programmes give priority to state welfarism and collectivism in legislation, especially after World War Two. In Malta, communism never takes root. The second observation is that the country’s legal system during 1914-1964 is enriched under returned Crown colony rule when the legislature is subjected to gubernatorial or military dictates. In 1918-1920 and 1933-1939, important reforms by way of legislation are made to the systems of sanitation, agriculture and livestock. The medical sector makes appreciable improvements in the two intervals. In 1958-1962, statutes are successfully enacted to transform the country’s economic system into one oriented towards industrialisation and tourism. Benevolent legislation increases as much in 1918-1920 and 1933-1939 as in 1958-1962. All the three intervals immediately precede London’s decision to grant either self-government or independence. The third and final observation to be made is that Maltese legislation in the last 50 years of British rule is remarkably influenced by English and colonial law. Under the first self- government and the remaining inter-war period, Maltese legislation emanating from both the internal and imperial governments is substantially formulated on the basis of British and colonial models. Maltese legislation instructed by London increases in the inter-war period, especially when the Colonial Office adopts a policy of harmonisation of colonial legislation with that of the United Kingdom. Despite the fact that Britain initiates a process of decolonisation, in the period after World War Two, there is a decrease in reserved measures in Malta. This is because as a rule Maltese legislation of Maltese governments follows British enactments, old and new.

224 APPENDICES

225

APPENDIX A

GOVERNORS OF MALTA (1814-1964)

GOVERNORS AND DATE OF DATE OF COMMANDERS-IN-CHIEF ARRIVAL DEPARTURE

Lieutenant General Sir Thomas Maitland 16.vii.1813 17.i.1824

General Marquess of Hastings 6.v.1824 28.xi.1826

Major General Frederick Cavendish Ponsonby 27.xii.1826 30.ix.1836

Major General Sir Henry Frederick Bouverie 1.x.1836 14.vi.1843

Lieutenant General Patrick Stuart 14.vi.1843 24.vii.1847

CIVIL GOVERNORS

Sir Richard More O’Ferrall 27.x.1847 13.v.1851

Major General Sir William Reid 1.x.1851 29.iv.1858

Major General Sir John Gaspard Le Marchant 10.iv.1858 3.xi.1864

Lieutenant General Sir Henry Knight Storks 10.xi.1864 17.iv.1867

General Sir Patrick Grant 3.v.1867 2.vi.1872

General Sir Charles Thomas Straubenzee 22.v.1872 5.vi.1878

General Sir Arthur Borton 25.vi.1878 7.vi.1884

General Sir John Lintorn Arabin Simmons 10.iv.1884 27.ix.1888

227 constitutions and legislation in malta

Lieutenant General Sir Henry O’Oyley Torrens 26.xii.1887 1.xii.1889

Lieutenant General Sir Henry Augustus Smyth 11.i.1890 29.xii.1893

General Sir Arthur James Lyon Fremantle 9.xii.1893 31.xii.1898

General Lord Francis Wallace Grenfell of Kilvey 26.xi.1898 18.iii.1903

General Sir Charles Mansfield Clarke Bart 2.iii.1903 2.v.1907

Lieutenant General Sir Henry Fane Grant 9.viii.1907 8.viii.1909

General Sir Henry Macleod 3.viii.1909 12.ii.1915

Field-Marshal Lord Paul Stanford Methuen 27.i.1915 28.iv.1919

Field-Marshal Lord Herbert Onslow Plumer 16.iv.1919 15.v.1924

General Sir 20.V.1924 28.ii.1927

General Sir John Philip Du Cane 4.iv.1927 25.vi.1931

General Sir David Graham Muschet Campbell 27.vi.1931 6.ii.1936

General Sir Charles Bonham-Carter 3.iii.1936 6.iv.1940

Lieutenant-General Sir William George Dobbie 15.iv.1940 7.v.1942

General John Standish Surtees Viscount Gort 4.v.1942 6.viii.1944

Lieutenant General Sir Edmund Charles Schreiber 19.ix.1944 4.iii.1946

Sir Francis Campbell Ross Douglas 22.vi.1946 15.vi.1949

Sir Gerald Hallen Creasy 13.vii.1949 16.vii.1954

228 appendix a

Sir Robert Laycock 3.ix.1954 28.v.1959

Admiral Sir Guy Grantham 7.v.1959 27.vi.1962

Sir Maurice Dorman 15.vi.1962 21.ix.1964

229

APPENDIX B

SECRETARIES OF STATE FOR (WAR AND) THE COLONIES (1814-1964)

SECRETARIES OF STATE FOR WAR AND THE APPOINTMENT COLONIES

Earl Bathurst 1812

FJ Robinson (Viscount Goderich) 1827

Sir George Murray 1828

FJ Robinson (Viscount Goderich) 1830

EG Stanley 1833

Thomas Spring Rice 1834

Charles Grant (Lord Glenelg) 1835

Lord John Russell 1839

Lord Stanley (Earl of Derby) 1841

William E Gladstone 1845

Earl Grey 1846

Sir John S Pakington 1852

Duke of Newcastle 1852

SECRETARIES OF STATE FOR THE COLONIES

Sir G Gray Bt 10.vi.1854

Sidney Herbert 1.ii.1855

Lord John Russell 1.iii.1855

Sir William Molesworth 21.vii.1855

Henry Labouchere 17.xi.1855

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Lord Stanley (Earl of Derby) 26.ii.1858

Sir Edward Bulwer Lytton 31.v.1858

Duke of Newcastle 18.vi.1859

Edward Cardwell (Viscount Cardwell) 4.iv.1864

Earl of Carnarvon 6.ii.1866

Duke of Buckingham 8.iii.1867

Earl Granville 10.xii.1868

Earl of Kimberley 6.vii.1870

Earl of Carnarvon 21.ii.1874

Sir Michael E Hicks Beach 4.ii.1878

Earl of Kimberley 28.iv.1880

Earl of Derby 16.xii.1882

Colonel FA Stanley 24.vi.1885

Earl Glanville 6.ii.1886

Edward Stanhope 3.viii.1886

Sir Henry Holland (Baron Knutsford, Viscount Knutsford) 14.i.1887

Marquess of Ripon 17.viii.1892

Joseph Chamberlain 28.vi.1895

Alfred Lyttleton 9.x.1903

Earl of Elgin and Kincardine 11.xii.1905

Earl of Crewe 16.iv.1908

Lewis Harcourt (Viscount Harcourt) 7.xi.1910

A Bonar Law 27.v.1915

WH Long 11.xii.1916

232 appendix b

Viscount Milner 14.i.1919

Winston Churchill 14.ii.1921

Duke of Devonshire 25.x.1922

JH Thomas 23.i.1924

Leo C Amery 7.xi.1924

Lord Passfield 8.vi.1929

JH Thomas 26.viii.1931

Sir Philip Cunliffe-Lister 9.xi.1931

Malcolm MacDonald 7.vi.1935

JH Thomas 27.xi.1935

WGA Ormsby-Gore 29.v.1936

Malcolm MacDonald 16.v.1938

Lord Lloyd 13.v.1940

Lord Moyne 8.ii.1941

Viscount Cranborne (Marquess of Salisbury) 23.ii.1942

OFG Stanley 24.xi.1942

GH Hall (Viscount Hall) 3.viii.1945

A Creech Jones 7.x.1946

James Griffiths 2.iii.1950

Oliver Lyttelton (Viscount Chandos) 27.x.1951

AT Lennox-Boyd (Viscount Boyd) 30.vii.1954

Ian Macleod 19.x.1959

Reginald Maudling 16.x.1961

Duncan Sandys 17.vii.1962

233

APPENDIX C

HEADS OF THE MINISTRY/PRIME MINISTERS OF MALTA (1921-1964)

HEADS OF THE MINISTRY OF MALTA TENURE

Joseph Howard OBE 1921-1923

Francesco Buhagiar LLD 1923-1924

Sir Ugo P Mifsud LLD KB 1924-1927

Sir (Lord) Gerald Strickland LLB (Cantab) GCMG 1927-1932

Sir Ugo P Mifsud LLD KB 1932-1933

PRIME MINISTERS OF MALTA

Dr Paul Boffa MD 1947-1950

Dr Enrico Mizzi JUD (Urbino) 1950

Dr Giorgio Borg Olivier LLD 1950-1955

Mr Dominic Mintoff BSc A&CE MSc (Oxon) 1955-1958

Dr Giorgio Borg Olivier LLD 1962-

235

APPENDIX D

CHIEF SECRETARIES TO GOVERNMENT AND LIEUTENANT-GOVERNORS (1814-1964)

CHIEF SECRETARIES TO GOVERNMENT APPOINTMENT

Reverend Francis Laing 5.x.1813

Alexander Wood 11.xi.1815

Sir Richard Plasket KCMG 12.ix.1817

Sir Frederick Hankey KCMG 12.vi.1824

Sir Hector Greig KCMG 23.x.1837

Henry Lushington 4.i.1848

Sir Victor Houlton GCMG 16.x.1855

Sir Walter Hely-Hutchinson 27.iv.1883

LIEUTENANT-GOVERNORS

Sir Walter Hely-Hutchinson 3.vii.1884

CHIEF SECRETARIES TO GOVERNMENT

Gerald Strickland KCMG 1.xi.1889

LIEUTENANT-GOVERNORS AND CHIEF SECRETARIES TO THE GOVERNMENT

Sir Edward Merewether KCVO CMG 21.viii.1902

Sir John Clauson KCMG 8.vii.1911

Horace Byatt CMG 27.xii.1914

William Charles Fleming Robertson CMG 8.v.1917

237 constitutions and legislation in malta

LIEUTENANT-GOVERNORS

William Charles Fleming Robertson CMG 5.v.1921

Sir Thomas Vans Best KBE CMG 16.xi.1925

Sir Harry Luke CMG Hon LLD 10.x.1930

John Adams Hunter CMG 30.vii.1938

Sir Edward St John Jackson KCMG KBE 31.i.1940

Sir David Campbell KBE CMG 24.ii.1943

Trafford Smith CMG 6.iv.1953

238 APPENDIX E

PRINCIPAL LEGAL OFFICERS OF THE GOVERNMENT (1814-1964)

FISCAL ADVOCATES APPOINTMENT TERMINATION

Giuseppe Zerafa 1.vii.1807 13.vii.1814

Francesco T Bonanno 13.vii.1814

CROWN ADVOCATES

Robert Forrest 27.v.1815 2.ii.1816

Marchese Federico Alessi 2.ii.1816 13.x.1817

Claudio Vincenzo Bonnici 13.x.1817 1.iv.1825

JOINT CROWN ADVOCATES

Giovanni Vella 1.iv.1825 15.vii.1828

Giovanni Battista Satariano 1.iv.1825 1.vi.1829

Emmanuele Caruana 15.vii.1828 5.vii.1832

Benedetto Bardon 1.vi.1829 5.vii.1832

ATTORNEY GENERAL

Robert Langslow 5.vii.1832 31.xii.1838

KING’S COUNSEL

Emmanuele Caruana 5.vii.1832 31.i.1839

239 constitutions and legislation in malta

CROWN ADVOCATES APPENDIX F

Giacomo Pantaleone Bruno 1.ii.1839 26.x.1842 LEGAL ADVISERS TO THE GOVERNOR Antonio Micallef 27.x.1842 27.xii.1853 (1921-1964) Sir Adrian Dingli 1.i.1854 31.x.1880 LEGAL ADVISERS APPOINTMENT TERMINATION Sir Giuseppe Carbone 2.xi.1880 31.xii.1894 Robert Pentland Mahaffy 8.vi.1921 14.xi.1929 Alfredo Naudi 1.i.1895 28.vi.1905 Robert Strother Stewart BCL MA 10.i.1930 27.xii.1933 Sir Vincent Frendo Azopardi 18.viii.1905 14.xi.1915 Sir Alison Russell KT KC 29.xii.1933 9.v.1935 Sir Michelangelo Refalo 15.xi.1915 25.viii.1919 Charles Geraghty KC 10.v.1935 28.xii.1936 Sir Arturo Mercieca 26.viii.1919 31.viii.1921

LEGAL SECRETARIES TO THE TREASURY COUNSEL GOVERNOR Major Victor Frendo Azopardi 1.vii.1921 11.i.1928 Charles C Geraghty KC 29.xii.1936 23.vi.1937 Sir Philip Pullicino 1.ii.1928 28.xii.1936 Sir Edward St John Jackson 5.x.1937

Geoffrey Valentine Cameron 3.iv.1940 ATTORNEYS GENERAL Edward Peter Stubbs Bell 3.xi.1941 Sir Philip Pullicino 29.xii.1936 31.xii.1940 Patrick Francis Branigan 21.v.1946 Louis Galea 1.i.1941 5.vii.1955 Albert George Lowe 10.v.1949 Sir Anthony Mamo QC OBE 10.vii.1955 7.xii.1957 Anthony Mordaunt Innis Austin 16.v.1953 John J Cremona 7.xii.1957 Denis Synge Stephens 27.ii.1957

240 CROWN ADVOCATES APPENDIX F

Giacomo Pantaleone Bruno 1.ii.1839 26.x.1842 LEGAL ADVISERS TO THE GOVERNOR Antonio Micallef 27.x.1842 27.xii.1853 (1921-1964) Sir Adrian Dingli 1.i.1854 31.x.1880 LEGAL ADVISERS APPOINTMENT TERMINATION Sir Giuseppe Carbone 2.xi.1880 31.xii.1894 Robert Pentland Mahaffy 8.vi.1921 14.xi.1929 Alfredo Naudi 1.i.1895 28.vi.1905 Robert Strother Stewart BCL MA 10.i.1930 27.xii.1933 Sir Vincent Frendo Azopardi 18.viii.1905 14.xi.1915 Sir Alison Russell KT KC 29.xii.1933 9.v.1935 Sir Michelangelo Refalo 15.xi.1915 25.viii.1919 Charles Geraghty KC 10.v.1935 28.xii.1936 Sir Arturo Mercieca 26.viii.1919 31.viii.1921

LEGAL SECRETARIES TO THE TREASURY COUNSEL GOVERNOR Major Victor Frendo Azopardi 1.vii.1921 11.i.1928 Charles C Geraghty KC 29.xii.1936 23.vi.1937 Sir Philip Pullicino 1.ii.1928 28.xii.1936 Sir Edward St John Jackson 5.x.1937

Geoffrey Valentine Cameron 3.iv.1940 ATTORNEYS GENERAL Edward Peter Stubbs Bell 3.xi.1941 Sir Philip Pullicino 29.xii.1936 31.xii.1940 Patrick Francis Branigan 21.v.1946 Louis Galea 1.i.1941 5.vii.1955 Albert George Lowe 10.v.1949 Sir Anthony Mamo QC OBE 10.vii.1955 7.xii.1957 Anthony Mordaunt Innis Austin 16.v.1953 John J Cremona 7.xii.1957 Denis Synge Stephens 27.ii.1957

241

APPENDIX G

PRESIDENTS OF THE COURT OF APPEAL

AND CHIEF JUSTICES (1814-1964)

PRESIDENTS OF THE COURT OF APPEAL APPOINTMENT

Sir Giuseppe Borg Olivier 27.v.1814

Walter Rodwell Wright 1.i.1819

Sir John Stoddart 2.vi.1826

Sir Ignazio Bonavita 2.i.1839

Sir Paolo Dingli 1.i.1854

Sir Antonio Micallef 1.vii.1859

CHIEF JUSTICES

Sir Adrian Dingli 2.xi.1880

Sir Giuseppe Carbone 1.i.1895

Sir Vincent Frendo Azopardi 15.xi.1915

Sir Michelangelo Refalo 26.viii.1919

Sir Arturo Mercieca 2.i.1924

Sir Luigi Camilleri 24.iv.1932

Sir George Borg 1.i.1941

Sir Anthony Mama QC OBE 7.xii.1957

243

APPENDIX H

POLITICAL PARTIES AND GROUPS IN MALTA (1880-1964)

Partito Anti-Riformista / Nazionale (1880)/ Democratico Nazionalista (1921) / Nazionalista (1926)

Reform Party (1880)

Partito Popolare (1895)

Associazione Politica Maltese (1910)

Comitato Patriottico (1911)

Labour Party (1921) / Malta Labour Party (1945)

Constitutional Party (1921)

Unione Politica Maltese (1921)

Partito Nazionalista Maltese (1927)

Jones Party (1945)

Gozo Party (1947)

Democratic Action Party (1947)

Malta Workers Party (1949)

Progressive Constitutional Party (1953)

Partito Democratico Nazionalista (1958)

Christian Workers Party (1962)

Christian (1962)

245

APPENDIX I

BRITISH PRIME MINISTERS (1914-1964)

Herbert Henry Asquith KC 1914-1916

David Lloyd George OM 1916-1922

Andrew Bonar Law 1922-1923

Stanley Baldwin 1923-1924

James Ramsey MacDonald 1924-1924

Stanley Baldwin 1924-1929

James Ramsey MacDonald 1929-1935

Stanley Baldwin 1935-1937

Arthur Neville Chamberlain 1937-1940

Winston Churchill 1940-1945

Clement Richard Attlee OM CH 1945-1951

Sir Winston Churchill KG OM CH 1951-1955

Sir Robert Anthony Eden KG MC 1955-1957

Maurice Harold Macmillan 1957-1963

Sir Alexander Frederick Douglas-Home KT 1963-1964

James Harold Wilson OBE 1964-

247

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_____ (PN), La Questione Costituzionale e Linguistica Dopo il Colpo di Stato del 2 Novembre 1933 (Malta 1933) _____ The Epic of Malta (London 1942) _____ Nerik Mizzi: Il-Ħajja ta’ Patrijott Malti (Malta 1955) _____ (EC & AA), Il-Qawmien tal-Ħaddiem Malti, Storja tal- Partit Laburista 1920-1955 (Malta 1971) v1 _____ L-Istorja tal-Partit Nazzjonalista (Malta 1972) _____ ‘Opening of Duke of York Avenue 50 Years Ago – Duke of York (late George VI) Visits Malta’ in TST, 4.xii.1977, Suppl xvi-xvii J Aquilina, The Maltese and Their Language in United Empire (London 1938) SDG Ash Giles, The Nobility of Malta (Malta 1988) GA Atkinson, Summary of Conclusions and Recommendations: Report on Housing and Building in Malta (Malta 1955) E Attard, Il-Pulizija ta’ Malta 1814-1956 (Malta 1994) ______Il-Ħabs: L-Istorja tal-Ħabsijiet f’Malta mill-1800 (Malta 2000) J Attard, Industrial Relations in Malta (Malta 1984) L Attard, Early Maltese Emigration (1900-1914) (Malta 1984) ______The Great Exodus (1918-1939) (Malta 1989) ______The Safety Valve – A History of Maltese Emigration from 1946 (Malta 1997) D Austin, Malta and the End of Empire (London 1971) A Azopardi, Il-Qawmien tal-Ħaddiem Malti, Storja tal-Partit Laburista 1955-1971 (Malta 1986) v2 G Azopardi, X’Ġarrab (Malta 1975) ______Meta l-Malti Għadab, is-7 ta’ Ġunju 1919 - 60 Sena Wara (Malta 1979) ______Il-Fundaturi tal-Partit tal-Ħaddiema (Malta 1984) E Azopardi-Sant, The Epic Story of the Maltese Nation (Malta 1933)

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D Young, Rommel (London 1950) CS Zabarella, L’Assedio di Malta - 19 Maggio/8 Settembre ( 1902) L Zahra, ‘Is-Servizz tal-Piloti’ in Il-Pronostku Malti, Almanakk ta’ Malta u Għawdex 1992 (Malta 1993) 239-240 E Zammit, Una Pagina di Storia Patria Ossia Il Plebiscito (Malta 1884) EL Zammit, A Colonial Inheritence (Malta 1984) N Zammit, Pensieri D’Un Retrogrado (Malta 1888) ______‘Drenaggio’, Suoi Rapporti Colla Vita, Colla Sanità e Coll’Economia (Malta 1875) NZMD, Il Conservatorio Vincenzo Bugeja, Istituto di Privata Beneficenza in Malta, Memorie (Malta 1883) WL Zammit, ‘L-Ufficju tal-Prim Ministru (1921-1927)’ in Il- Pronostku Malti, Almanakk ta’ Malta u Għawdex 1991 (Malta 1991) 163-171 ______‘Forom ta’ Gvern Lokali fil-Gzejjer Maltin 1790-1923’ in M Schiavone, Il-Kunsilli Lokali 1993/1994 – Storja, Fatti u Cifri (Malta 1994) 1-22 J Zammit Mangion, ‘L-Akkademja tal-Malti’s 67th Anniversary’ in TTM, 14.11.1989, 2 & 6 ______Education in Malta (Malta 1992) R Zeno, Il Consolato di Mare di Malta (Naples 1936)

Stencilled Papers

H Frendo, L-Evoluzzjoni tal-Partiti Politiċi fil-Gżejjer Maltin 1880-1921 (Malta 1977)

278 bibliography

Interviews

(1) (Dr) Alexander Cachia Zammit MD (1924-2014) 3.iii.2001 (2) Carmelo Bartolo (1911-1997) 1.viii.1995 about his father Michele Bartolo (3) (Judge) Maurice Caruana Curran LLD (1918-2015) 22.iii.2001 (4) (Dr) Ġużè Cassar LLD (1918-2001) 10.xi.2000 (5) (Prof) Joseph (1918-) LLD, PhD (London), DLitt (Firenze), DJur (Trieste) 24.viii.2000 (6) Consiglio D’Amato (1916-2016) 1.vii.2000 (7) Carmelo Ellul Galea (1914-2007) 5.x.2000 (8) Natal Falzon (1910-2000) 10.x.1996

279

INDEX (Volume 2)

Accountant General/Treasurer 23, 207, 211, 212, 218, 222 178 Armistice 51 Admiralty/Admiral 41, 52, 63, 73, Attlee, Clement 6, 247 78, 85, 86, 90, 142, 170, 174, 175, Attorney General/Public 208, 211 Prosecutor 15, 21, 23, 25, 26, 32, advertisements 16, 18 37, 38, 43, 50, 64, 84, 88, 89, aerodromes/airfields/airstrips 102, 129, 136, 145, 169, 171, 175, 40, 80 180, 182, 184, 188, 189, 192, 198, aesthetics 16, 18, 21 217, 239, 249 Afro-Asian Peoples Solidarity Auditor General/Director of Audit Organisation 183 178 agriculture 7, 8, 9, 10, 15, 16, 17, 18, Austin, Anthony Mordaunt 111, 23, 26, 28, 32, 34, 66, 67, 76, 241, 240 114, 122, 127, 134, 183, 217, 219, aviation/airplanes 71, 96, 97, 108, 224, 276 114, 206, 208, 269 air navigation 10 Axis 19, 43, 45, 46, 48, 200 air space 71, 208 Azzopardi, Francesco 94 aircraft 40, 208 Allied Forces Headquarters 100, Bailey, CH (Malta Ltd) 170, 175, 124, 209 180, 191, 193 Allied Powers 100, 124, 209 Balliol College 127 Amato Gauci, Major Frederick E Balogh, Dr Thomas 127, 128, 131, 83 137, 139, 169, 171, 187, 261 Anglo-German 34 band clubs/musical or Anglo-Maltese 34, 75, 114, 138, 196 philharmonic societies 56, 53, Anglo-Maltese League 34 74, 80, 97, 114, 129 anglophile/pro-British 8, 21, 36, banking 40, 91, 128, 179, 164 175, 185, 218 Barbara, Agatha 168 Apap Bologna, Marchesino Dr Barclays Bank 91 Filippo 65, 77, 94 Bartolo, Professor (later Sir) apprenticeship 108 Augustus 13, 22, 25, 150 arbitration/arbitral/conciliation Baudry-Lacantinerie, Gabriel 176 11, 21, 27, 52, 59,61, 63, 66, 74, Belardinelli, Arnaldo 19, 264 80, 82, 85, 86, 96, 105, 107, 220, Bell, Edmund Peter 46 257 Benfield, Barker 171 archeology/archeological 149 Bernard, Professor Albert V 26 Armed Forces of the Crown 12, 5, betting and gaming 83 16, 70, 121, 203, 204, 205, 206, bill of lading 120

281 constitutions and legislation in malta birth control 75, 123, 174, 189 114, 122, 126, 130, 140, 143, 169, Blood Commission 181, 182, 186 171, 176, 177, 186, 189, 195, 206, Blood, Sir Hilary 181 215, 221, 257, 260 Boffa, Dr Paul 13, 23, 34, 39, 43, 50, Burgin, Patrick 144 56, 57, 60, 64, 69, 73, 77, 84, burials/cemeteries/interments 87, 92, 102, 105, 115, 116, 119, 121, 129, 131, 196 122, 158, 211, 212, 215, 221, 222, Burns de Bono, Josephine 50, 56, 235, 252 263 Bolshevik/Bolshevist 17, 213 buses/motor buses/bus service Bonham-Carter, Charles 15, 21, 23, 26, 38, 219 24, 26, 33, 36, 37, 38, 41, 228, Bushell, Colonel (later Brigadier) 262 11 Bonnici, Frank 140 Borg, Dr (later Sir) George 38, 43, Cachia Zammit, Dr Alexander 51, 76, 89, 156, 243, 265 124, 278 Borg Olivier, Dr Giorgio 5, 35, 38, Camera Medica 54 45, 50, 61, 67, 70, 76, 77, 97, Camilleri, Ġużè Maria 102, 112, 116 100, 101, 102, 103, 104, 106, 108, Campbell, Matthew 53 109, 110, 112, 115, 116, 119, 138, Campbell, Sir David 7, 8, 10, 11, 13, 140, 144, 147, 161, 185, 190, 191, 14, 15, 18, 20, 21, 228 192, 193, 195, 196, 197, 200, 201, canonical/sacramental/ 212, 216, 235 Tridentine marriage 214 Borg Pisani, Carmelo 47 Capuchin(s) 99 boycotting 36, 37, 59, 105, 146, 181, Caruana Curran, Dr Maurice 136, 184, 218 164, 169, 171, 176, 182, 184, 189, Brennan, John 62 191, 214, 263, 278 brewer(s) 11 Caruana, Archbishop Don Mauro British Boiler-Makers Union 171 9, 37, 52 British Broadcasting Corporation casinos/kursaals 127, 130, 177, (BBC) 21, 140, 196 188 British Petroleum Exploration Cassa del Mezzogiorno (Assistance Company 118 Fund for the South of Italy) British Rediffusion Company 141, 171 143, 145, 147, 168, 169, 170, 171, Cassar Desain, Marquis James 19 173, 181, 183, 184, 185, 187, 198, Cassar Galea, Dr Joe 102, 112 215 Cassar, Dr Ġużè 103, 111, 112, 115, building(s)/construction 7, 15, 16, 124, 129, 137, 216, 278 17, 18, 20, 21, 26, 27, 40, 45, 47, Cassar, Gerald 88, 92 55, 57, 60, 62, 64, 65, 66, 71, 73, census 43, 72, 80, 81, 255, 268 74, 75, 76, 77, 78, 89, 90, 91, 92, Chamber of Advocates 9, 24, 27, 95, 97, 98, 103, 104, 106, 109, 53, 130, 216, 218

282 index

Chamber of Architects 14, 17, 28, Collector of Customs 30 177, 219, 221 Colombo, Dr Arthur 60, 61, 77, 82, Chamber of Commerce 18, 27, 48, 83, 87, 92, 95, 99 53, 55, 63, 65, 87, 106, 130, 131, Commander-in-Chief 110, 227, 136, 141, 144, 173, 177, 181, 204, 254 206, 210, 218, 220, 221, 249, 251, Commercial Partnership Law 277 Reform Commission (1954) Chamber of Legal Procurators 13, 133, 257 33, 145, 216, 218, 263 commercial partnerships 118, 133, Chamber of Pharmacists 22 141, 180, 184, 187, 188, 217, 265, charitable/philanthropic 22, 114, 257 120, 142, 215, 272 — en commandite 187, 188 Chief Government Medical — en nom collectif 187, 188 Officer 26 — limited liability company 180, Chief Justice/President of the 187, 188 Court 17, 19, 42, 43, 51, 89, 217, Commissioner of Police 168, 261 243, 272, 276 Committee of Privileges (Maltese cinema/cinematographic 100, 170 nobility) 27 Circolo ‘La Giovine Malta’ 13 Commonwealth 13, 57, 93, 98, 104, citizenship/nationality/ 114, 115, 123, 138, 167, 186, 192, nationalisation/naturalisation 196, 197, 200, 269, 275 41, 72, 74, 109, 138, 193, 223, Communism/Communist(s) 52, 269 76, 82, 84, 93, 99, 113, 131, 174, Civil Law (substantive, general) 183, 186, 187, 224, — Code (1874) 134, 188, 197 compulsory attendance/ — adoption 142, 174, 188, 193, 197, education 35, 49, 50, 53, 54, 62, 251 140, 141, 209, 213, 214, 222, 223 — emphyteusis 109, 175 Compulsory Purchase Order 27 — entail (fideicommissum/in Conservatorio Vincenzo Bugeja vinculum) 41, 53, 94, 218, 219 142, 278 — succession/donation 20, 30, 33, Consolidated Revenue Fund 83 36, 43, 52, 80, 81, 82, 205, 209, Constitutional Commissioner 64 213, 215, 218, 222 Constitutions(s) — wills/testaments 94 — Instructions/Letters Patent civil marriage 123, 131, 196 (1936); (1939); (1947); (1956); Civil Servants and Clerical (1959); (1961) 8, 12, 13, 23, 24, Association 175 30, 49, 64, 66, 71, 132, 145, 168, civil service/servant(s) 79, 85, 105, 173, 153, 254 107, 124, 127, 129, 138, 175, 181, cooperatives 20, 53, 54, 57, 63, 75, 175 173, 209 Cole, Dr John 102, 107, 116, 119 Copeman, NA 175

283 constitutions and legislation in malta

Coronation festivities 110 139, 167, 175, 179, 200, 201, 203, corrupt practices 38, 222 205, 224, 256, 260, 261, 266, cost of living 48, 49, 74, 78, 102, 269, 274 105, 118, 170 Cunliffe-Lister, Sir Philip 8, 11, 13, Courts, Maltese 14, 15, 20, 133, 265 — Civil Court 17, 45, 249 customs 30, 119, 125, 140, 151, 173, — Court of Appeal 13, 17, 19, 22, 31, 177, 188, 270 33, 89, 133, 243, 249 — Criminal Court 19 Dandria, Monsignor Professor — Magistrate’s Court 8 Enrico 214 Creasy, Sir Gerald 93, 99, 101, 104, dangerous drugs 12, 18, 19, 25, 37, 110, 113, 228 38, 207, 208, 211, 214, 217 Creech Jones, Arthur 66, 85, 86, Darmanin, Joseph Edward 14 87, 91, 92, 233 De Gray, Vivian 168 Cremona, Professor Felice 118 de Piro D’Amico Inguanez, Baron Cremona, Professor John Joseph Jerome 65, 94 23, 36, 44, 71, 118, 73, 145, 162, death penalty 14, 15, 54, 174 168, 169, 170, 175, 176, 180, 181, Declaration of Rights of the 186, 192, 195, 196, 198, 200, 217, Inhabitants (1802) 31, 132 210, 165, 279 decolonisation 93, 98, 123, 170, Criminal Code (1854) 14, 33, 39, 203, 205, 206, 222, 224 79, 112, 143, 182, 187 defence/security 10, 12, 15, 19, 35, Criminal Law/Penal Law 14, 15, 21, 39, 42, 43, 47, 49, 52, 58, 69, 270 82, 87, 92, 109, 111, 114, 119, 138, criminal offences/defences, 142, 167, 185, 186, 191, 194, 196, English Law 199, 200, 203, 204, 206, 208 — manslaughter 15 Delia, Father Joseph SJ 61 — murder 14 demographic 78, 262 — treason 18, 47, 65 dentists 53 criminal offences/defences, deportation/expatriation 45, 49, Maltese law 100, 209, 261, 276 — ‘first offender’s benefit’ 143, Desira Buttigieg, Dr Joseph 173 269 Director of Agriculture 17, 28 — homicide 14 Director of Audit 178 — infanticide 14, 15, 33, 54, 79 Director of Education 8, 62 — libel 63, 133 Director of Public Works 27, 63 — probation 44, 142, 143, 275 divorce 123, 214, 215 — sedition 20, 187 Dobbie, Sir William George 4, 42, Critien, Dr Attilio 19, 26, 265 43, 44, 200, 228 Crown/Empire 3, 5, 7, 8, 9, 10, 13, Dockyard/Drydocks 40, 48, 49, 18, 24, 30, 33, 34, 49, 50, 66, 69, 50, 51, 52, 63, 73, 78, 86, 90,

284 index

91, 117, 122, 139, 142, 144, 146, 102, 106, 107, 114, 116, 117, 128, 167, 168, 170, 171, 172, 173, 174, 141, 143, 197, 199, 257, 260 175, 191, 193, 205, 208, 209, 220, employment/labour 18, 22, 23, 30, 222 31, 34, 35, 37, 41, 52, 58, 61, 63, Dominion Status 57, 75, 98, 100, 65, 66, 75, 78, 79, 80, 83, 85, 95, 114, 123, 124, 175, 273 96, 101, 102, 106, 107, 108, 111, Dorman, Sir Maurice 192, 197, 229 112, 114, 115, 117, 120, 12, 126, 128, Doughty tribunal/award 86, 90, 129, 134, 136, 140, 143, 144, 206, 91 207, 208, 211, 212, 221, 222, Douglas, Sir (later Lord) Francis environment/environmental 15, 64, 65, 66, 73, 79, 85, 86, 228, 16, 18 247 espionage/official secrets 18, 19, drainage/sewage 28, 75, 95, 103 206, 222 drivers 18, 22 estimates (annual or ‘Dual Personality of the State’/ supplementary) (or budget) Acts of State 19, 218 71, 82, 94, 95, 109, 112, 117, 118, Durante, Commander G 19 178, 198, 214, 261 European Atomic Energy e-boats 43 Community 142 Eden, Sir Anthony 130, 131, 135, 141, European Convention on Human 127, 166 Rights (1950) 98, 185, 270 editor(s) 42, 81, 131 European Economic Community eight hours’ work 18, 22, 31, 144 142, 186 election(s)/electoral/elective/ European Recovery Programme polls 23, 37, 38, 41, 42, 59, 63, 91 65, 72, 75, 76, 77, 83, 86, 101, European Steel and Coal Treaty 114, 115, 116, 122, 123, 124, 128, (1951) 101 130, 134, 135, 186, 187, 190, 195, expectant mothers 14, 15 197, 199, 208, 209, 210, 213, 214, expenditure 7, 8, 57, 64, 81, 98, 215, 22, 224, 250, 255 103, 109, 177 electricity/electrical 10, 11, 76, 91, export 16, 18, 20, 28, 30, 33, 36, 43, 95, 97, 103, 116, 187, 189, 191, 62, 84, 104, 171 192 expropriation/requisition Elizabeth II, Queen 200, 201 (compulsory acquisition) 1, 16, Ellis, E 50 18, 19, 21, 27, 31, 89, 131, 135, 137, Ellul Galea, Karmenu 83, 91, 136, 185, 186, 249 137, 145, 168, 170, 172, 173, 175, 191, 193, 266, 279 Fabian Society 61, 76 emancipation 50, 60, 81 factories 31, 40, 65, 78, 90, 91, 178, emigration/emigrants/ 207, 209, 222, 249 immigration 58, 75, 77, 95, farmers/peasants 9, 17, 24, 28, 31,

285 constitutions and legislation in malta

32, 53, 57, 59, 75, 87, 114, 134, Ganado, Dr Albert 42, 43, 81, 172, 173, 213, 218, 219, 220 249, 268 Farmers’ Cooperative 173 Ganado, Dr Herbert 16, 20, 21, 34, Fascism/Fascist(s) 8, 9, 19, 20, 21, 42, 45, 46, 47, 49, 50, 53, 56, 58, 34, 43, 45, 47, 59 59, 61, 64, 74, 78, 79, 81, 90, 93, Federation of Industries (FOI) 63, 100, 103, 108, 110, 116, 122, 127, 181, 219, 221, 266 131, 133, 135, 138, 140, 141, 146, Felice, Dr Giovanni 116 147, 168, 169, 171, 172, 173, 174, Fenech, Tumas Ta’ Kartabuż 188 176, 177, 179, 181, 183, 184, 186, Ferris, Monsignor Francesco 214, 192, 194, 195, 196, 197, 200, 216, 216, 267 268 fertile/red soil 16, 17, 18, 31, 40, 91, gas service(s) 66, 103, 109, 143 128, 205, 206 Gatt Brothers Tal-Gżejri 126 festa marches 168, 170, 179 General Workers Union (GWU) Financial Secretary 175, 188 35, 51, 100, 219, 251 First Regional Council 9, 20 generator 11 fishermen/fishing 16, 76, 101, 110, George Cross 4, 46 111, 112, 127, 134, 266 George VI (King of England) 46, Fitzgerald, WL 43 51, 260 Five Year Development Plan 127, Geraghty, Charles 21, 25, 241 146, 179 German, CJ 138 football matches 55, 97, 103, 274 Germany/Germans 4, 8, 11, 30, 34, ‘for the peace, order and good 39, 43, 57, 101, 136, 140, 142, 188, government’ 72 272 Formosa, Captain John 42, 50 Għaqda tal-Kittieba tal-Malti Fort Saint Saviour 42 (Society for Maltese Writers) Fortress Headquarters (Malta 12, 44, 221 Command) 11 Gloucester, Duke of, Prince Henry foundation(s) 69, 132 79 freedom of conscience 198 Gonzi, Archbishop Dr (later Sir) freedom of speech 44, 184 Michael 5, 9, 20, 23, 32, 35, 36, Frendo Azopardi, Dr John 37, 43, 52, 53, 56, 61, 67, 70, 81, (‘Jackie’) 102, 103 87, 93, 96, 99, 105, 115, 117, 130, Frendo Azopardi, Dr Victor 102, 131, 132, 133, 142, 157, 168, 184, 240 179, 183, 186, 196, 198, 201, 213, ‘from the kitchen to the courts’ 13 266, 276 Gort Committee 50, 55 Galea, Dr Louis 50, 57, 84, 87, 88, Gort, Viscount John Vereker 45, 89, 154, 240 46, 47, 50, 53, 54, 55, 228 Galea, Paolo 65 government/governmental Galea, Robert V 12, 95, 220 — caretaker 64, 65, 113

286 index

— diarchy/diarchical/condomin- 143, 169, 176, 176, 177, 178, 188, ium (division of power 195 between local and imperial) Housing Advisor to the Colonial 69, 71, 73, 78, 105, 107, 110, 112, Office 126 118, 124, 139, 146, 181, 185, 186 Hyzler, Dr Albert 104 — gubernatorial (by Governor) Hyzler, Professor Joseph 65, 73, 5, 7, 9, 22, 27, 66, 69, 167, 179, 104, 109 180, 182, 203, 224 — ‘Maltese Government’ 71, 77, immigration/immigrants 58, 102, 78, 85, 86, 87, 104, 107, 119, 121, 263 136, 144, 145, 146, 169, 182, 185, Imperial Government Workers 190, 197, 199, 222, 224 Union (IGWU) 111, 219, 220 — ‘Maltese Imperial Government’ imperialism/imperialist 9, 12, 76, 71, 72, 73, 85, 87, 90, 111, 125, 113, 125, 133, 139, 270, 274 140, 146 import(s) 11, 20, 28, 30, 84, 104, — Ministry/Ministerial/Cabinet 140 82, 84, 87, 92, 102, 119, 139, 185, Independence (of Malta from 214, 221 Britain) 69, 73, 98, 114, 146, 167, — representative 5, 36,53 170, 172, 186, 188, 190, 192, 193, — responsible 51, 58, 60, 71, 126, 194, 195, 196, 197, 198, 199, 200, 167, 168, 189, 203, 208, 223, 201, 215, 224, 254, 255, 265, 267, 224, 274 271, 276 — Secretary to Government 19, Indian Law 80 23 Industrial Board 63 Governor’s Palace 40, 74, 127, 169 industrial estates 127, 131, 137 Grand Harbour/Port 41, 127 industrial injuries 119, 120, 128, Grantham, Sir Guy 178, 179, 180, 136 181, 186, 200, 229 industrial occupation/training Grenfell, Francis 7, 228, 269 93, 106, 108 greyhounds/horse racing 10, 16 industrial relations 52, 65, 106, Grima Tal-Qutu 126 210, 260 Gulia, Dr Wallace 19, 143, 189, 269 industrialisation 69, 74, 78, 83, 84, 86, 90, 91, 95, 97, 103, 109, Hall, Ted 172 118, 131, 135, 141, 167, 171, 175, hawkers 31, 144 179, 224 Higham, John D 168 inflation 59, 78, 102 Hitler, Adolf 8, 11, 19, 43 infrastructure/infrastructural 40, Hollyer, Berkeley 142 62, 66, 74, 98, 130, 141, 146, Hospital General (St Luke’s 206 Hospital) 54, 103 Inland Revenue Department hotels/hoteliers 126, 127, 141, 140, (British) 86, 88

287 constitutions and legislation in malta

Integration (of Malta with Britain) 118, 124, 129, 142, 143, 206, 249, 51, 69, 98, 114, 117, 121, 123, 124, 274, 276 125, 126, 128, 130, 131, 132, 133, juvenile 274 134, 135, 138, 139, 141, 144, 145, 146, 147, 215, 277 Kilmiur, Viscount, David Maxwell International Bank for Fyfe 130, 132 Reconstruction and Konvoj ta’ Santa Marija 46, 275 Development, see World Bank 189 Labini, Professor Sylos 144 International Labour Labour Advisory Board (LAB) 65, Organisation Conventions 83, 106 106 Laferla, Dr Albert 8 intoxication 15, 20 laissez-faire/free trade 98, 276 Istituto Italiano 47 Landowners Protection Italian Civil Code (1942) 134 Association 50, 55 Italian Seaplane Service 19 Language Question 42, 252, 270 Italophile/pro-Italian 7, 8, 9, 12, languages (official or spoken) 13, 14, 20, 24, 36 40, 76, 216, — English 8, 12, 13, 14, 21, 24, 25, 219, 220 29, 44, 49, 56, 65, 67, 72, 77, Italy/Italian/Italianate/ 102, 106, 114, 126, 224 Italianisation/italianità 7, 8, — Italian 9, 13, 23, 24, 25, 29, 33, 42, 76, 77, 102, 207, 216, 274 42, 47, 66, 76, 140, 205, 209, Iure Gestionis (State’s act of civil, 218, 219, 224, 262, 275 ordinary capacity) 89 — Maltese 12, 13, 29, 49, 56, 65, 72, Iure Imperii (State’s act of political 260 capacity) 89 law(s)/enactment(s)/statute(s) — austere 34, 94, 205 Jesus of Nazareth Institute 22, 142 — benevolent 16, 25, 205, 224 Joint Negotiating Council 107 — colonial 67, 217, 224, 274 Jones, Henry 37, 39, 57, 59, 74 — controversial 31, 121, 125, 247, 206, Joseph the Worker, Saint 198 207, 209, 210, 211, 121, 125, 222 journalism/journalistic 19, 49, lawyer(s) 124, 267 — advocate 33, 102, 216 judicature/judiciary/judicial 19, — legal procurator 33, 145, 216 43, 73, 85, 181, 185, 190, 207, — notary 33, 103, 189, 216 218, 256, 262 Laycock, Sir Robert 118, 121, 125, Judicial Service Commission 185, 126, 138, 139, 143, 147, 168, 169, 190 178, 229 jurisprudence/case-law 73 Lees, Dodo 142 jury system 18, 218 Legal Adviser 11, 12, 16, 21, 23, 25, justice/interior 17, 21, 102, 107, 112, 139, 216, 217, 241

288 index

Legal Secretary 25, 46, 72, 90, 107, Luke, Sir Harry 8, 13, 20, 21, 23, 32, 108, 111, 168, 241 64, 238, 271 Legislature/Legislator Lyttelton, Oliver (Viscount — Council of Government 3, 35, Chandos) 70, 235 36, 39, 41, 45, 47, 51, 55, 58, 61, 62, 205, 206, 250, 254, 257, MacCarran-Walter Act (United 272 States) (1952) 102 — Executive Council 3, 5, 22, 23, Macdonald, Malcolm 3, 15, 18, 20, 24, 25, 28, 36, 38, 72, 167, 168, 21, 26, 33, 36, 37, 38, 41, 88, 233, 175, 177, 178, 180, 181, 184, 187, 247 206 Macleod, Ian 179, 180, 182, 233 — Legislative Assembly (First Macleod, Norman 52, 271 Chamber; Lower Chamber/ MacMichael, Sir Harold 64, 65, House) 71, 72, 79, 81, 88, 89, 250, 271 90, 92, 95, 99, 100, 101, 105, 108, Macmillan, Harold 141, 247, 269 111, 112, 116, 119, 120, 121, 132, 138, Mahaffy, Robert Pentland 217, 241 182, 185, 186, 190, 192, 193, 197, Mallia, Dr (later Professor) Carlo 199, 200, 206, 211, 214, 220, 250, 21, 42, 216 254, 257, 270, 272 Malta (Gozo and Comino) — Speech from the Throne 79, — Crown-colony-cum-fortress 190, 197 (strategic outpost) 7, 11, 40, — Speaker 72, 109, 113, 116, 190 109, 139, 201, 267, 274 — Standing Orders 16, 71, 254 — NATO Headquarters 125, 222 — Nominated Council/councillors — Polaris submarine base 196 72, 206, 207 Malta Band Clubs Association 74, — privileges and immunities 23, 80, 129 41, 44, 46, 94, 214 Malta Broadcasting Authority 182, — Privy Council 31, 72 183, 185, 187, 198 — Senate (Second Chamber/ Malta Catholic Adoption Society Upper Chamber/House) 56, 174 64, 75, 206, 214, 215, 216, 220, Malta Electricity Board 194 221, 249, 254, 257, 270 Malta Government Gazette 258 — unicameral 58, 71 Malta Government Savings Bank Lennox-Boyd, Alan Tintil 105, 108, 184 123, 125, 138, 172, 173, 233 Malta Government Tourist Board Lepicier, Cardinal Alexis 20 145, 172, 178, 195 Lieutenant-Governor 23, 72, 227, Malta Television Service 192 228, 237, 238, 250 Malta Union of Teachers 57, 105, livestock/cattle 28, 33, 40 108, 142 Lord Admiral 100, 110 Maltaphile/pro-Maltese 42 lotteries 10, 80, 82, 83, 84, 137, 223 — Malta-born British subjects 72

289 constitutions and legislation in malta

— Carthaginian origin 13 Milk Marketing Undertaking Mamo, Sir Anthony 129, 163, 240 (MMU) 15, 25, 33 Mandraġġ (insanitary zone) 26, Miller, Reggie 48, 49, 51, 56, 61, 28, 37, 89, 206 64, 85, 86, 105, 251, 273 Marlborough House 195 Milner, Viscount Alfred 3, 233 Marshall Aid 91, 109 minority/minors/children 62, 115, Marshall, George 91 141, 142, 143, 189, 197, 264 Masini, Dr Francesco 66, 74, 211, Mintoff, Dominic 5, 35, 60, 61, 67, 74, 261 69, 70, 76, 77, 81, 82, 84, 87, Mauldling, Reginald 190, 233 88, 89, 90, 91, 92, 95, 96, 99, medical/sanitary/health 4, 15, 19, 101, 104, 105, 106, 113, 115, 117, 22, 23, 25, 26, 27, 30, 32, 33, 34, 119, 121, 122, 125, 127, 129, 130, 40, 42, 43, 47, 48, 52, 54, 55, 131, 132, 134, 135, 139, 142, 144, 58, 60, 66, 74, 75, 76, 82, 83, 145, 146, 160, 167, 168, 170, 171, 90, 103, 115, 123, 126, 135, 136, 172, 174, 180, 182, 183, 184, 186, 137, 143, 205, 218, 220, 221, 222, 187, 192, 193, 195, 196, 212, 215, 224, 250, 255, 263, 264, 268, 221, 222, 224, 235, 261, 273 275 Mizzi, Dr Edgar 118 Mediterranean Fleet 110, 121, 124, Mizzi, Dr Enrico 8, 9, 17, 21, 24, 29, 147, 208, 212 34, 38, 41, 42, 45, 49, 56, 59, 73, (Mare 76, 77, 81, 86, 87, 95, 99, 100, Nostrum) 19, 40, 261, 262, 271, 112, 155, 209, 210, 214, 216, 220, 273, 277 235, 252 Mercieca, Dr (later Sir) Arturo 17, Mizzi, Dr Fortunato (son of Dr 19, 22, 31, 34, 42, 43, 55, 56, 76, Giuseppe) 100, 102 119, 132, 133, 147, 149, 183, 186, Mizzi, Salvino 171 217, 240, 243, 272 monarch/monarchical/royal 113, Micallef Tal-Gażżu 126 196, 197, 200 Micallef, Dr Giuseppe 17, 25, 67, monopoly/monopolisation/ 217 exclusive right 32, 49, 90, 95, Mifsud Bonnici, Dr (later 140 Professor) Carmelo 21, 23, 34, mortmain 120, 214, 252 39, 74, 153, 216, 273 Mountbatten, Lord Louis 40, 100, Mifsud, Dr (later Sir) Ugo 38, 100, 110 151, 216, 235 Moyne, Lord, Walter Guinness Milbourne, Sir Eric 193 44, 143, 233 military occupation/training 85, Muller, WA 127, 273 104, 110, 178, 203, 206, 207, MUSEUM 133, 174, 215 208, 211, 217, 218, 220 Mussolini, Benito 7, 8, 11, 12, 17, 19, military service/servicemen 62, 29, 41, 66, 203 105, 139, 194

290 index

NAAFI (Navy, Army and Air Force 96, 98, 99, 114, 136, 143 Institute) 108 Order-in-Council 23, 30, 39, 100, National Assembly/National 113, 174, 177, 254 Congress 53, 55, 60, 63, 64, 110, Otto Settembre (8th September) 250, 274 (Great Siege Victory) 24, 200 national assistance/insurance 47, 117, 121, 122, 130, 135, 136, 137, Pace, Ġużè 7, 16, 17, 65, 77, 177 138, 143, 147, 193, 208, 212, 223 Pacem in Terris (papal enyclical, National Farmers Union 9, 17, 24, 1963) 186 32, Paradise Bay Hotel 143, 195 Nazism/Nazi 11, 39, 43, 57 Parnis, Dr Alfredo 216 newspapers pasteurisation plant 34 — Berqa, Il- 49, 83, 175, 258 paternalism 179, 189 — Ħelsien, Il- 175 Patterson, A 130, 136 — Patria 76, 107, 268, 268 Paul, Saint 179, 269 — Leħen is-Sewwa 52, 81, 108, 258 Pellegrini, Toni 182 — Malta 49 pension(s) 9, 25, 29, 30, 38, 47, 49, — Malta Tagħna 175 52, 58, 59, 51, 62, 66, 69, 74, 75, — Mid-Day View 18 77, 79, 80, 82, 83, 84, 96, 98, — Nazzjon, In- 65, 258 99, 114, 116, 122, 128, 130, 143, — The Bulletin 49 207, 222 — The Dawn 56 person/subject of law — The Torch 53 — juridical/legal 22, 188 — Times of Malta/Sunday Times ‘personality cult’ 89 of Malta 4 Perth, Lord, David Drummond ‘no taxation without 180 representation’ 38 petroleum/petrol 22, 32, 41, 66, nobles/noblemen 32, 36, 53, 65, 95, 73, 118, 130, 139, 144, 145, 146 204, 206, 219, 219, 220, 221, 273 pig/bull breeding 25, 28, 29, 33, North Atlantic Treaty 49, 206, 213 Organisation (NATO) 91, 92, Plumer, Lord Herbert 7, 66, 228 93, 100, 104, 105, 110, 111, 114, plural voting 38, 56 118, 119, 121, 122, 124, 125, 128, Police Corps/Force/Constabulary 147, 186, 194, 200, 206, 207, 45, 127, 168, 180, 253, 256, 261, 208, 212, 222 273 Notarial Council 9, 13, 53, 189, 193 polio 47, 48 nurses 28 political parties/formations/ ideologies oil exploration 130, 139 — British Labour Party 61, 138 old age 38, 47, 49, 52, 58, 59, 61, — Christian Workers Party (CWP) 66, 74, 75, 77, 80, 82, 83, 84, 182, 211, 245

291 constitutions and legislation in malta

— Constitutional Party primus inter pares 125 (CP)/Constitutionalist/ prison/penitentiary/reformatory Stricklandiani 106, 113, 210, 211, 42, 241 245 privatisation 167, 170, 175, 205, — Democratic Action Party (DAP) 209, 222 65, 73, 211, 221, 245 professions/professionals 53, 87, — Gozo Party/‘Masini Party’ (GP) 90, 102, 116, 138, 216, 219, 220, 74, 211, 245, 261 221 — Jones’ Party (JP) 39, 57, 59, 72, protectionism/protectionist 127 76, 245, 258 Protestantism 89, 131, 189, 215, — Malta Labour Party/(MLP/ 264 LP)/Labourites/Boff isti/ public lotto 74, 84, 210, 213 Mintoffjani 58, 140, 210, 211, public meetings/demonstrations 224, 245, 252, 271 8, 92, 105, 133, 145, 168, 182, — Malta Workers Party (MWP) 184, 218 92, 211, 245 public opinion 15, 36, 65, 253, 262 — Partit Demokratiku Nazzjonali public order 20, 36, 168 (PDN) 173 public peace 20 — Partit ta’ Jones (Jones Party) Public Registry 169 (JP) 39, 57, 66, 74, 76, 245, 258 public revenue 9, 25, 41, 43, 44, — Partito Nazionalista (PN)/ 78, 80, 82, 90, 103, 109, 140 Nationalist Party/Mizziani 36, public safety 4, 73, 75, 168, 260, 140, 183, 210, 223, 224, 245 264 — Progressive Constitutional Public Service Commission 29, Party 113, 211, 245 85, 175 population 16, 40, 71, 72, 75, 58, public utility 18, 27, 63, 23, 24 80, 81, 95, 122, 126, 197, 268, public works 18, 27, 63 276 public/elementary; private post office 93, 206, 210, 267 schools 8, 15, 24, 35, 40, 62, 75, power station 15, 91, 95, 103, 104, 76, 95, 103, 142, 223, 257, 276 194 Pullicino, Sir Philip 15, 18, 21, 22, Preca, Don (later Saint) Ġorġ 262 26, 33, 43, 215, 217, 240 Preluna Hotel 195 Press 8, 9, 18, 19, 20, 24, 26, 28, Quadragesimo Anno (papal 29, 31, 34, 37, 38, 41, 49, 56, 57, encylical, 1931) 107, 114 62, 63, 64, 105, 107, 118, 134, 177, quarries 17 182, 183, 208, 215, 253, 262, 186, 187, 194, 200, 204 Radio Televisione Italiana (RAI) Preziosi, Contino Luigi 56 140 Prime Minister/Premier 53, 87, Ramage, RO 34, 36, 41 90, 102, 116, 138, 216, 219, 220 reconstruction 60, 62, 64, 69, 74,

292 index

77, 78, 89, 90, 91, 92, 97, 103, — Circular Letter 198 104, 106, 109, 140, 141, 143, 189, — Interdict 183 206 — Metropolitan 53, 61 Rediffusion Company/House 73, — Pastoral Letter 115, 133, 180, 141, 143, 145, 147, 168, 169, 170, 249 171, 173, 181, 183, 184, 185 — pre-aggiornamento 52, 179, 215 Refalo, Dr (later Sir) Michelangelo — clergy/clerical/clerics 9, 20, 22, 217, 240, 243, 259 32, 52, 53, 56, 124, 214 Referendum — College of Parish Priests 28, — Independence (1964) 69, 167, 144, 145, 204, 212 190, 198, 215 — Diocesan Junta 133, 174, 187, — Integration (1956) 69, 121, 123, 184, 198 125, 126, 130, 132, 133, 134, 135, — Maltese parish priest(s) 32, 69, 147 213, 214, 215, 219, 273 religio et patria 186 — Apostolic Religion 56, 195 rent — ‘Christian Doctrine’ 62, 252 — control/regulation/restriction — instruction/teaching 54, 62, 44, 55, 74, 79, 114, 127, 170, 176, 75, 113, 123, 213 211, 215 — ‘moral and material injuries’ — re-letting 47, 80, 129 38, 222 — right of preference 17, 186 — sentiment 182, 192 Rerum Novarum (papal encyclical, Ross, John 142 1891) 107, 114, 259 Round Table Conference 130, 131, reserved matter 107, 71, 72, 73, 78, 132, 257 87, 90, 98, 108, 11, 114, 145, 181, Royal Air Force (RAF) 199, 203, 224, 263 205, 208 retrenchment 33, 93, 95, 98, 103, Royal Army/Armed Forces of the 106 Crown 5, 12, 16, 20, 119, 121, 199, riots (1958) 168, 174 203, 204, 205, 206, 207, 211, Roman Catholic 9, 174, 187, 198, 218, 222 213 Royal Commissioner(s) — Church/Curia/ecclesiastical 9, — Blood Commission (1960) 181, 174, 187, 198, 213, 30, 213, 214, 182, 186 258, 264 — MacMichael Commission — Archbishop of Malta/ (1945) 64, 65, 250, 271 Archbishopric 20, 32, 36, 37, Royal Navy 21, 199, 203, 205 43, 52, 62, 87, 131, 136, 174, 198, Russell, Sir Alison 11, 14, 16, 18, 214 241 — Bishop of Gozo 29 — Catholic Action 133, 174 Salomone, Monsignor Don Edgar — Catholic Institute 93 32, 219

293 constitutions and legislation in malta

Sammut, Dr Victor 118 Statute Law Revision Committee Sammut, Notary Dr Giuseppe 102, (1942) 44 104, 109 stevedore/cargo-handler/ganger/ Sammut, Oscar 30 port worker 37, 38, 188, 219 sand/sandy beaches 92, 126, 143, Stockdale, FA 8, 276 176, 204 stocks and debentures 178 Sandys, Duncan 138, 142, 191, 192, Strickland Press 18, 29, 62, 105, 193, 195, 196, 197, 199, 233 107, 118, 177 scabies 48 Strickland, Gerald Sir (later Lord) Schembri Adami, Dr Anton 77, 7, 9, 13, 17, 19, 20, 21, 24, 26, 30, 83, 90, 136 31, 32, 33, 34, 38, 42, 43, 152, Schembri, Ġużè 74 209, 210, 241, 216, 219, 235, 237, Schreiber, Sir Edmond 54, 55, 57, 276, 277 58, 61, 228 Strickland, Mabel 51, 56, 95, 105, Schuster, Sir George 62, 95, 98, 106, 113, 116, 122, 124, 133, 146, 106, 275 159, 276 Scorey, John James 19,49, 59 Strickland, Roger 38, 41, 42, Seers, Dr Dudley 127, 261 strikes 39, 48, 50, 52, 99, 105, 193, self-determination 104, 186, 276 194 Selmun Hotel 195 Superintendent of Agriculture 7, Senior Counsel 26, 43 8, 17, 67, 188, 217 shop-assistant(s) 18, 22, 144 supplies and services 73, 79, 100, simultaneous teaching of English 103, 113, 116, 119, 169 and Italian (pari passu) 73 Symmetry Board 16, 150 slums 25, 27, 31, 33, 34, 66, 77, 89 Synge Stephens, Denis 168, 180, social justice and equity 107 240, 241 social services 39, 49, 58, 59, 78, 79, 83, 97, 110, 114, 117, 118, 123, Tabone, Emmanuel C 124, 128, 124, 135, 136, 137, 138, 143, 147, 136, 137, 141, 142, 212, 215, 222 206 taxation/duty Socialism/Socialist(s) (or — direct 39, 52, 58, 59, 61, 66, 75, collectivist) 12, 52, 61, 74, 77, 79, 76, 79, 80, 81, 83, 84, 86, 87, 89, 106, 109, 179, 223, 224, 261 88, 96, 109, 114, 207, 208 Società dei Piloti 24, 29 — income 79 Società Economico Agraria 17, 32, — indirect 41 254 — stamp 20, 31, 33, 36, 43, 205 speculators 17, 171 — succession and donation 30, stadium 55, 97, 273 33, 43, 80, 81, 82, 205, 209, 213, Stanley, OFG 45, 51, 233 215, 218, 222 statistics/statistical 16, 18, 94, 129, taxi 144, 145, 172 268 teachers/students 8, 14, 21, 42, 47,

294 index

50, 57, 62, 65, 104, 142 37, 74, 219, 252 telegraphy/telegraphic (cabled or travelling 26, 144, 145, 172, 268 wireless) 10, 11, 71, 73, 96, 206, treasury and audit 30, 82, 103, 169, 208, 222, 262 178, 199, 223 telephony/telephone 10, 11, 35, Treaty of Paris (1814) 139 139 Tripolitania/Tripolini (Tripoli- Television House 192, 197 born) 16 television transmissions 122, 124, ‘trusted friend’ (voter by proxy) 140, 164, 182, 184, 192, 195, 197, 132, 198 198, 215 tuberculosis 47, 48, 136 terraced fields 31 typhus 48 Territorial Force 39, 205 territory/territorial waters 38, ultra vires 9, 17, 24, 30, 90, 119, 47, 71, 101, 111, 112, 123, 146, 209 206 Union of Stevedores and Port Theatre Royal (Opera House) 45, Workers 27, 188, 219 55, 74 United Kingdom/Britain/ tourism/tourist 58, 69, 75, 80, 97, England 98, 122, 123, 125, 127, 128, 135, — Colonial (and War) Office 7, 140, 141, 142, 143, 144, 145, 146, 11, 14, 38, 43, 45, 58, 60, 84, 90, 167, 169, 161, 172, 176, 177, 178, 104, 108, 117, 125, 126, 133, 135, 180, 187, 188, 191, 195, 205, 224, 145, 146, 168, 170, 172, 178, 197, 251 199, 205, 206, 207, 208, 212, Tourist Board 145, 172, 178, 195 224, 251, 264 trade disputes 50, 52, 85, 118, 209, — Colonial Development and 220 Welfare Scheme (1952) 93, 108, Trade Union Council (TUC) 220, 269 251, 254, 256 — Colonial Police 127 — benefit societies (trade unions — Colonial Regulations 30 improper) 24, 25, 29, 74, 137, — English Public Law 19 210 — Home Office 114, 115, 117, 142 trade union/trade unionism/trade — Judicial Committee of the Privy unionist 5, 25, 36, 42, 45, 46, Council 262 50, 57, 74, 85, 102, 107, 124, 172, — Secretary of State for Defence 205, 206, 209, 218, 220, 221, 251, 142 252, 254, 256 — Secretary of State for the traders/merchants (businessmen) Colonies 13, 66, 105, 108, 115, 11, 16, 18, 57, 204, 218, 249 172, 179, 180, 183, 190, 191, 203, Traffic Control Board 11 205, 273 traffic/transport/motor cars/ — ‘Westminster’ 132 motor vehicles 11, 17, 22, 25, 26, United Kingdom Commissioner

295 constitutions and legislation in malta

181, 185, 186 Whitley, JH 62 United Nations (General Whitleyism 63, 66, 74, 85, 221 Assembly) 72,89, 200 widows and orphans 207, 222 United States Naval Air Squadron Wirth, Alfred 178, 189 104 woman/women 35, 40, 48, 50, Universal Declaration of Human 52, 54, 56, 60, 65, 72, 75, 76, Rights (1948) 89 80, 81, 99, 189, 263, 269 universal franchise/suffrage 35, Women of Malta Association 56, 58, 72 51, 54, 56, 80 University of Malta 13, 215 Woods, Sir Wilfred 57, 58, 277 — Comitato Permanente Workers’ Benefit Society 24 Universitario 13 workforce/labour structure 40, — General Council 76 172, 220 — Għaqda tal-Malti Università working classes (proletariat) (University Maltese Language 61, 99 Society) 24 workmen’s compensation 10, — Rector 12, 95, 221 12, 38, 98, 111, 114, 117, 136, University of Oxford 60, 253 207, 208, 211, 222, 223 workmen’s dwellings/housing Vassallo Ta’ Miju (building estates 16, 27, 34, 37, 55, 58, contractors) 126 74, 77, 89, 90, 97, 106, 114, Vatican Council II 187 115, 117, 119, 122, 123, 126, 176, veterinary 25, 32, 206 205, 206, 215, 260 ‘Victory Kitchens’ 46 World Bank (International Bank for Reconstruction wage/salary 41, 49, 50, 54, 86, and Development) 184, 189, 87, 88, 90, 109, 117, 118, 126, 190, 192, 194, 196 127, 146, 271 Wages Council 107 Youth Advisory Committee Wakefield, Sir Edward 194 108 War Damage Fund 43, 46, 47, 51, 55, 62, 64, 78, 106, 198, Zammit, Elias 63 116, 205 Zammit, Dr Kalċidon 124 War Department 45, 86 wars 5, 30, 34, 40, 41, 44, 18, 203, 204, 205 water distribution system 219 welfare state vii, 59, 61, 66, 69, 71, 74, 75, 79, 82, 89, 97, 114, 121 White Paper 65

296