Categories
Divorce Politics

Divorce a distraction?

I get the nagging feeling that the whole divorce debate is a welcome distraction for the party in government. Whichever way you look at it, even with the possibility of a watered down divorce law on the horizon in the near future, the PN government is set to gain from what is after all a delayed distraction. By some twenty years. If we could adduce some form of strategy from the single-seat government way of thinking it would be that the divorce debate that was clumsily shifted onto its plate has the main bonus of providing the occasional distraction from the pressing issue of COL (cost of living) in its various guises.

The spice that are priests like Daniel Cordina in Zebbug or politicians like the various JPOs, Bartolos and Musumeci only serves to give the affair the varied colouring of an indian spice stand. At the end of the day there is a sense of inevitability that is wired into the divorce issue itself. It is not a question of “If”, more a question of “when” and a bit of “how”. You can read that sense of urgency into Mike Briguglio’s press conference statement today. It almost sounds like an exercise in tautology: “Decision on divorce needs to be taken“.

You can almost hear the Simpsons‘ Homer yelling :”Duh”. But this is the country where Musumeci can claim to be an “opinionist” and not a “journalist” on his little platform on Smash. Where the same Musumeci can proselytise while trying to be the new “good boy” of the PN clan. Where Muscat can shoot at the government for “playing with the people” without actually offering an alternative solution to the problems at hand. Where politicians like Zammit Lewis can quote their leader on facebook and echo the worry about the poor without budging one inch about the new ideas from the new generation.

Thank God for divorce then (or maybe don’t thank Him, since He does not like it). We’d rather the distraction that exposes the pogguti, the sinful and the pagan. It’s more familiar territory for the Kinnie & Twistees generation brought up in the shadow of Mintoffianism and Eddie’s salvationism. Discuss a program for the economic relaunching of the nation? What the hell? I’d rather discuss the sinful qualities of divorce.

And the PLPN are heading towards the 10th legislature since Independence. In this country thinking different is the norm, and the norm is being divorced from reality.

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Divorce Mediawatch Politics

Marriage (Behind Closed Doors)

Our “President Emeritus” (sic – the Times)  hath spoken: “It is good we are still bound to the principle that marriage is for life and we should be proud of this” – quoth he. Dr Fenech Adami reminded the world that marriage was a contract that bound the individuals for life and this was the principle at stake in the divorce debate. More importantly he rubbished the very strong pro-divorce argument that Malta only has the Philippines as it’s divorce-less partner (should I say wife?).

If you believed men like our “President Emeritus” you’d probably believe that the pro-divorce movement is only in favour of introducing divorce in order to be like others and not for the simple reason that they consider the right to marriage to essentially mean the right to a happy marriage in the long run.

Of course every marriage has its ups and downs but the Vatican-Malta-Philippine triangle would have it that no matter how “down” is “down” in that ups and downs bit, the “till death do us part” has to trump every other consideration. Fenech Adami is right – the basic principle at stake is the whole concept of indissolubility – marriage is marriage for life. Like giving animals as presents: it’s not just for Christmas/weddings but for life.

We all know that being pro-divorce does not mean wanting to better the Philippines or the Vatican State. It means opening a door to those people whose marriage has irretrievably broken down. It means a fresh start. It may not be a civil right in the strict sense of the term but living a happy marriage is an essential building block that inspires many of the civil rights recognised universally. Hiding behind closed doors while the broken couples continue to experience hideous realities without ever seeing a breakthrough is what Fenech Adami is proud of.

In terms of civil rights you can call it sweet F.A.

I wonder what the “President Emeritus” would make of this front page story on l-Orizzont:

TEJPS JĦINU SEPARAZZJONI
Il-Qorti tal-Familja laqgħet it-talba ta’ mara għas-separazzjoni minn ma’ żewġha, wara li fost oħrajn semgħet tejps li fihom ir-raġel jinstema’ jidgħi u joffendi lil martu. It-tejps kienu rrekordjati minn oħt il-mara li toqgħod fl-istess triq t’oħtha.

Il-mara talbet għas-separazzjoni għax skont hi żewġha ma kienx jistmaha. Skont hi, wara xahrejn miżżewġin huwa faqa’ l-bieb tal-kamra tal-banju, tliet snin wara kisser il-bieb tal-kamra tas-sodda u jumejn wara t-tkissir tal-bieb beda jkisser affarijiet fil-‘wall unit’.

B’kollox qalet li bidlet il-bieb tal-kamra tal-banju tliet darbiet, is-siġġijiet tal-kċina darbtejn u l-ħġieġ tal-‘wall unit’ kemm-il darba.Hija sostniet li binhom kien iqum bil-lejl jibki tant li kellha tieħdu għand il-professur li qalilha li binha kellu biża’ kbira.

Minbarra hekk sostniet li żewġha kien jheddi­dha li joqtolha, jqattagħha, jitfagħha f’għalqa u ħadd ma jsibha, li kien joffendiha b’ommha mej­ta u li kienet tarah f’għalqa ta’ ħuh ma’ tfajla u li darba sabitlu qalziet ta’ mara li ma kienx tagħha. Hija ppreżentat ukoll ittra li r-raġel tagħha allega­tament kiteb lil turista Ġermaniża fejn jgħi­dilha li jħobbha.

Fil-kawża xehdu wkoll xi ġirien, fosthom familjari tal-mara, li lkoll qalu li kienu jisimgħu lir-raġel jidħol lura d-dar fis-sakra u kienu jisimgħuh jidgħi, jgħajjas, isabbat u jitkellem ħażin. Fost dawn kien hemm oħtha li ippreżentat it-‘tapes’ fejn ir-raġel jinstema joffendi lil oħtha.

Xhud importanti kien it-tifel tal-koppja fejn dan qal li sa minn meta kellu sitt snin jiftakar lil missieru jirritorna d-dar fis-sakra, jidgħi, isabbat u jkisser. It-tifel qal li huwa kien jiekol fil-kamra tiegħu għax kien jibża’ jinżel isfel minħabba missieru u li missieru kien jgħajjru, joffendih u anke jgaralu l-affarijiet. (continue reading here)

Tinkwetax hanini. Ahseb kemm hemm nisa bhalek fil-Filippini. Dawk ukoll ghandhom kont il-bank biex ihallsu ghall-bibien. U meta tisma’ r-ragel jidghi ghid talba ghar-ruhu u ghal min ghandu mejjet.. fejn taf forsi ghad xi darba jilluminawhom lil tal-Vatikan?

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Divorce Politics

The "IVA" Deception

JPO is happily heading a coalition of sorts that will campaign for the introduction of divorce. While it is definitely encouraging that persons from both sides of the parliamentary divide can join with social powers that have been stonewalled out of the institution thanks to the PLPN rules it would seem that the very participants are blissfully unaware of how this IVA business can turn into a great deception.

It is one thing to form a movement that lobbies for the introduction of divorce and another to choose a slogan that is an evident throwback to the referendum moments pre-EU accession. I am sure that I will be called the eternal cynic in this respect and that the excuse that “some effort is better than no effort at all ” will be thrown back at me in full force but the advocates of this new IVA movement should be made aware of the constitutional (and marketing) pitfalls of their arrangement.

By orienting their movement to a referendum style formation the IVA for divorce group has already conceded valuable ground in the battle for the introduction of the divorce. They are virtually admitting that this will have to be a majority decision in the form of a referendum and/or consultation of the people. They are allowing the parties in parliament to do what they do best – i.e. abdicate from any responsibility of legislating for divorce as they should have done decades ago.

Instead JPO & friends give the impression of being much more interest in the limelight afforded by this discussion than by the actual force of their argument. Divorce is not a majority question. The Bonnett Balzans of this world may come back at divorce arguments with the fire and brimstone philosophy but the endline in a normal democracy operating in normal conditions would be for the parliament to legislate and allow for a legal possibility that has long been missing in our juridical system.

Instead we have IVA. And IVA to what? As we have pointed out previously under Maltese law we do not have a propositive referendum. Should we have a referendum on the matter that would probably come AFTER parliament introduces a law on divorce – because our law allows for abrogative referenda: a referendum asking the people whether they want to abrogate (cancel, annull, remove) a law that has been enacted. In which case the answer for the IVA movement should be LE (no, I do not want the divorce law removed) and not IVA. Quite a quandary no?

But of course the PLPN will play along with the whole idea of a consultative referendum. It pays them because they can blame “the people” for whatever decision is taken in the case of divorce. We might have JPO & friends to thank for any eventual cock up…

Categories
Mediawatch

Gonzi Condemns Plategate (and its babies)

Prime Minister Gonzi’s letter to the Times is a rarity by local political terms. It takes quite a provocation for a PM to put pen to paper and express his thoughts in a letters page on one of the local rags. Foreign leaders are wont to this kind of behaviour although more often than not it is a representative from the government leader’s office (the cursèd spokesperson) who will perform the necessary duties or clarifications. On several occasions, foreign leaders have been known to take up column space in reputable papers with their wisdom or in their own defence. From Sarkozy to Blair to most Italian leaders it is quite a normal act to follow.

What was strangely interesting about Prime Minister Gonzi’s letter was not simply the form (a letter not an article) which could simply explained by the concept of answering like with like but the reason for this foray into the letters pages while wearing the hat of prime minister. PM Gonzi had been disturbed by a badly constructed accusation in a previous letter, or so it seemed if your attention was alerted to the issue by the PM’s letter.

If like me, you worked backwards – checking out what caused our PM’s foray – you discovered firstly that there were actually two letters using the title referred to by the PM (Upholder of Values or Downright Bigots). The first was by a JBB (Joseph Bonnett Balzan – and not the regular j’accuse reader) and the other by the erstwhile scourge of nationalist writings Mr Eddie Privitera. You needed further clues as to who exactly PM Gonzi was referring to since he had omitted to distinguish between letter (1) and letter (2).

Which led you to the quote lifted from the letter. Dr Gonzi had taken umbrage in particular to this phrase: ““… taken of the law into his hands with fatal consequences…”. Which is more of an unfinished phrase and a misquote to be honest. The full quote, not to take things out of context should have been:

The rebel boy must thank his lucky stars that we are living in a somewhat more enlightened time than two decades ago, though occasionally the news reaches us that an estranged husband has taken the law into his hands with fatal consequence for the adulterer

Now Bonnett Balzan’s letter is an illustration of anything but the “enlightened times” that he refers to and the author is a perfect example of conservative, ignorant bigotry (how’s that for heavy language). Had I been the PM I would have found many more phrases to object to than the one I just quoted – particularly the veiled references to Islam at the end of the letter. Apart from that Bonnett Balzan’s lingo is astonishingly similar to much of the crap that passes for intelligent discussion on blog comment boards nowadays.

The curious incident of the partial quotation waters down the import of Gonzi’s reaction. At the end of the day what the PM actually quotes can mean a myriad other things and is not really a jibe at “means justifies the end for politicians” as Dr Gonzi would have us believe. Bonnett Balzan, speaking from his stylite pulpit, is simply reminding us of the not too infrequent recourse to violent means taken by husbands who have discovered an adulterer in their midst. Stoning anyone?

Bonnett Balzan’s condescending bullshit is just that. All the “rebel boy”, “adulterer”, “honorable” lingo makes Bonnett stand out as a miserable version of Malta’s conservativism without the need of a Prime Minister going out of his way to point that out. So what was Gonzi’s point I hear you ask?

Well. It is baffling. Why react?  More importantly why misquote?  After all Bonnett B is a fervent (never a more appropriate word) admirer of the “job-creating Prime Minister” and not your average Eddie Privitera. The title of the letter should give us a clue: “In favour of mature debate”. Really? Where has the PM and his office been the last few years? Something must be on his mind now. He was quoted by Maltatoday as having said that “political discourse is degenerating” to which the J’accuse facebook reply was “about time someone noticed”.

Then there is the business of the misquote. It is deliberate. It is deliberate because the PM then leads on to the catholic lesson of the day: “Whatever the circumstances, I will never endorse an approach where “the end justifies the means”, even when the end is a noble cause.” Presumably he would never backstab political allies on the eve of an election after a pro-EU campaign conducted hand in hand. Or presumably Dr Gonzi is reminding people like Bonnett Balzan that he will not participate in pontificating bigotry.

Then PM Gonzi went on to issue a blanket condemnation. A sort of veiled fatwa from the state’s head:

I condemn all hatred expressed in all circumstances and reiterate my appeal to all concerned to keep political language within the bounds of what should be acceptable in a mature democratic society.

Which should really get some blogs thinking. Mature? Now where have I heard that word before.

Categories
Divorce Politics

CMB and the Marriage Certificate

There’s a logical leap in Carmelo Mifsud Bonnici’s article in today’s Times (The burden of public interest on indissolubility of marriage) that has escaped the attention of the many anti-divorce campaigners who have been linking the article all over facebook. CMB is eager to explain the stake the state has within the boundaries of private marriage – he has to be clear why the state believes in the tool of indissolubility as being the best bet for civil society’s sanity. To get to the point of arguing on the importance of indissolubility of marriage for the public interest, CMB has to justify the interference of the state in the first place: why does the state care whether or not marriage can be dissolved or not?

Aha. And that is where the quick gloss by CMB is glaringly obvious. CMB tells us:

The state should not in any way be involved in the decision to enter into that union and in the choice of marriage partners. The state registers a marriage and recognises certain rights of the parties.

This is not to say that the state has no stake in the stability of marriage, because it is within stable marriages that its future citizens are nurtured and brought to maturity in the best possible way and because the spouses in a stable marriage are not distracted unduly from their normal civilian working life.

Q.E.D. right? Not really. If you really were to follow CMB’s logic to its conclusion then the first part of his statements is built on a deceitful assertion. The state cannot suddenly develop an interest in the success or otherwise of a marriage ONLY once it has been sealed. CMB feigns a passive role of the state until the marriage union is sealed – it recognises the union and certain rights of the parties. Then – only then – according to CMB does the state develop a stake in the stability of marriage. This stake is supposedly because the spouses should not be distracted unduly from their civilian working life.

Why not before the union then? What stops the state from ensuring that its stake in the civil union is safeguarded? How? Well by making sure that its citizens about to engage in the union are fully prepared to do so – that they can guarantee a stable marriage that “nurtures and produces the maturity that does not distract from their civilian working life”.

If CMB were serious about the role of the state as he describes it, then his kind of logic would lead to marriage permits and marriages being sanctioned by the state. The state would be able to tell you whether or not you are allowed to marry in the first place – based on suitability. If the state’s role is in trying to ensure the stable, mature etc marriage then it should do so in full. Imagine that. Imagine criteria for stable marriages – the certificate of a suitable wife and husband who will contribute to society.

It would not work would it? And maybe that’s the very same reason why the state has no business imposing indissolubility on the marriage contract. It cannot decide for the parties if they are willing to move on and try again. CMB’s logic is false because it is built on a false assertion about the motives of the state. The problem of CMB is that his logic is in a twist because no amount of legal philosophy will justify the denial of divorce rights. He cannot declare his ultimate motivation at the end of the day because it has nothing to do with laws and civic duty. It is a fettered discretion based on his private beliefs.

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Articles

J'accuse : I.M. Jack (The Uncouth)

I’ve got a running series of posts in the blog that goes by the name of “I.M. Jack”. The title came around as a bit of a spoofy nod to the rotund columnist who graces the pages of a rival paper every Saturday. Every time I blog an “I.M. Jack” post it’s more of a round-up of different stories that serendipitously find themselves sharing the same post and limelight. I normally do that out of expediency and to save myself from posting a series of mini-posts, and also because by the time the third “I.M. Jack” got out I sort of got used to the little “round-up” idea possibilities that it afforded.

So yes, this week’s effort comes to you in a disjointed, I.M. Jack-ish sort of way, that is it can be read in little snippets or (for the well-trained in J’accuse loghorrea) all in one go. The quality of the articles, incidentally, should be improving exponentially (modestly speaking of course) as the cold weather begins to bitch-slap the Grand Duchy earlier than usual. Like Terry Pratchett’s golems and trolls, I tend to function more sharply as the weather begins to get colder. (Speaking of Pratchett, do get your hands on his latest novel I Shall Wear Midnight – it rocks). Let us then begin the I.M. Jack tour.

On the dignity of Parliament

Is it just me or is Parliament really becoming government’s bitch? I know, I know, I should be more reverent towards the hallowed institution that is fundamental to our very democracy but hey, if our very own representatives seem to be having a tough time understanding the importance of their roles, I don’t see why we should bother – right? Austin Gatt usually figures high on my list of valid politicians in this country of ours but he took the lead in the dismissal of the request for hearing of witnesses in the PAC on some wobbly excuse that the Auditor General had already carried out much of the hearing.

Bollocks. Even the kind of papers that do not usually lend themselves easily to government criticism carried harsh editorials condemning the lacklustre sense of wanton disrespect that everybody under the sun could read into the happenings at the PAC. We did not even have to fight off the temptation to be balanced and to apportion a fair share of criticism to the Labourite side of the benches by questioning their constant nagging and moral convictions. The message Austin et al were sending was plain – they refused to submit the BWSC process to a parliamentary level of scrutiny that is normal in most parliamentary democracies. The words of Franco Debono come back to haunt the mind now – the dignity of Parliament is being seriously diluted and something must be done quickly to repristinate a good working order.

On money

It is not just our sense of democracy that is being put into serious question. This week, EU leaders sat around a table somewhere in Luxembourg and agreed to revise the rules on budget deficit. Meanwhile, in the House of Commons in London, George Osborne delivered a budget that was described as a “historic attempt to turn around the juggernaut of state public spending”. The Daily Mail headlined Man Who Rolled Back The State on Friday, as the Con-Dem coalition embarked on a programme that would savage benefits, axe jobs, slash budgets and attempt to reverse 60 years of public spending.

An interesting article in the International Herald Tribune took in these latest European reforms at both EU and national level and questioned whether the Keynesian formula has been ditched once and for all. European governments no longer seem to believe that the solution to the recession is to pump more money into the economy and let the economy fix itself. Probably this has much to do with the distrust in the key power centres of the economy and how they seem to have brought about this recession themselves with their unethical way of thinking.

So yes, capitalism as we know it is in a bit of a fix. Which is when the loony left goes out on the streets and begins to whine. Fairness, as they know it, is about to go terribly wrong and the welfare state in which money seems to grow on trees for those who qualify for the big safety net in the sky is suddenly shrinking before their very eyes. Which is why we have angry men in streets preparing to raise barricades and fight with the riot police. Like the money will come flying from the sky once the capitalist monster is dealt the final deathblow. Go figure. Baroness Thatcher was hospitalised this week so she was saved the horror of having to see reminders of the age of her iron hand when minors and other representatives of the leftist workforce took to the streets.

On values and relativism

Maltese relativism is back with a twist. The House of Lords (UK) this week opened up a new world in the universe of marriage law by accepting the validity of a prenup. That’s short for prenuptial contract and has been the stuff of movies and murder stories across the pond for quite a while, but it may surprise you that its legal validity is very much a novelty this side of the Atlantic. What a prenup does is that it stipulates what will happen in the unfortunate eventuality that a happy couple that is about to engage in lawful matrimony should somehow fall out.

It’s a divorce settlement signed when things are still rosy, when the amours are still love struck and when altruistic lovey-doveyiness still pervades the inner sanctum of the quasi-conjugal unit. It takes advantage of the goodwill of the parties to pre-draft and establish what can still be considered to be an amicable settlement as to the division of all property. Thusly, later, when the better half is reaching for the short and curlies armed with a knife, and it is clear that it will not be death that will “us part” but rather the manifest impossibility of future cohabitation, the couple will find that the prenup they signed in what must seem another life will come into force and the pre-ordained division of assets as per prenup will take place without too much acrimonious battling.

The House of Lords hath ruled that such prenups will always apply unless they are manifestly unfair (leave it to the men of law to argue whether charm by fatal attraction could sufficiently qualify as having succumbed under sexual duress). Meanwhile, back in Malta (and back is the operative word here) we are still facing the discombobulating farce of wondering whether or not to introduce divorce by popular suffrage. As I said last week, this is a result of our testicle-less politicians (sanscouillistes) wanting to hide behind the “will of the people”. What next? A referendum on Income Tax? I wonder how that one will go.

Then, as fellow columnist Caruana Galizia pointed out on Thursday, there was the blatant contradiction between on the one hand all the disquisitions as to the morality of voting for divorce and on the other hand, the facility with which some parliamentary committee had no qualms in proposing the freezing of embryos. Climb up walls? We do that… every five years. All we needed was the LGBT movement complaining about the prohibition of IVF accessibility for gay couples. Sure – this country is having problems coming to terms with the idea of divorce but it will have no problems with little Capslock (I’m sure someone, somewhere has that name) being raised by mummy and … mummy. (The ghost of Beppe shudders).

On the strong arm of the law

The next time you are angry with someone and your anger leads you to the uncontrollable urge to punch that person, just remember one thing: it comes at a price. And if you can afford €100 then go ahead and do your Mohammed Ali. That is the going rate for a punch, as the man who assaulted the CABS officer discovered. Not that expensive, is it? As for letting loose with a gun on officers of the law and putting their life in manifest danger (vide HSBC hold-up and shootout) – that still does not disqualify you from bail.

Sarcasm aside – it is pissing off isn’t it? I mean, what the hell? Personally, I am not of the very physical kind and my best weapon in a punch up is my wit that sends one three-letter word to the brain: RUN. So if ever I risk being on the receiving end of someone’s clenched fist, I would like to think that there is also a sufficient disincentive in the form of a legal deterrent that will allow me to bargain my way out of such fury without having to resort to the Coward’s Gentlemanly Exit. It should be so for any law-abiding citizen, who would prefer not to have to calculate at which point throwing a punch or two towards the rabid bully could constitute valid self-defence (assuming he has a punch or two he can throw). The news from the Law Courts is not promising in this respect.

Traitors and idols

When some members of the black and white community of which I form part labelled Zlatan Ibrahimovic a gypsy whore, I tended to turn a blind eye and deaf ear and glossed over the possibility of tut-tutting such unsporting behaviour. I despised the lanky, self-pompous oaf all the more for leaving Juventus bang in the middle of what is now evidently a frame up to play for the saddest of teams ever to have disgraced Italian football grounds. When he actually moved on to another team a few complaints later, I did not shed a tear of sympathy for his latest dumped girlfriend but confirmed my earlier suspicions that here we were seeing the epitome of modern footballing greed. He’s moved on again (go figure) and is still worthless when it comes to crucial games on the European football stage but I’m not here to talk about Zlatan.

It’s the Rooney saga that really lit up more red lights as to the general decline of the gentlemanly side of football. Where are the Ryan Giggs, the Francesco Tottis, the Rauls, the Maldinis – and above all the Alessandro Del Pieros – in modern football? The word mercenary does not even begin to explain the spirit of today’s breed of men of the leather ball. No matter that by the time I finished typing this article Wayne has signed a new, improved contract keeping him at United, as predicted solely by Luciano Moggi when everybody else was betting on his next destination. No matter that he has been appeased with some beefing up of the contract.

What I would like to know is how the little Scouser will walk into that changing room and face his “team-mates” from Giggs to Nani to Bebe to Fletcher without being overcome by a sense of shame. Forget fidelity to the club, forget respect for the supporters, forget gratitude to a coach who fathered him. What jarred most in the Rooney saga was the ease with which he could bad-mouth his fellow team-mates by going public and basically claiming that they are not good enough to play with him. It’s stuff that makes you sick and I seriously doubt how easily Rooney can win back the respect he blew away over two crazy days in October.

Milos Krasic, Juventus’ latest idol, is a step back out of this world of mercenaries. I was not sure whether his determination to join Juventus should be taken seriously but the stories coming from Torino day after day show an old-fashioned, dedicated footballer who is in love with his new environment and determined to show the kind of attachment to a club that is sadly becoming rarer and rarer. He has one captain he can look up to who has broken all kinds of records and won all sorts of trophies. Last Sunday he broke one of the latest barriers, reaching the great Boniperti’s goal-tally in the Campionato. He turns 36 next month but we could be lucky enough to see him in action for some time yet.

Grazie Alex.