Pirotta’s multifaceted and eventfully packed ‘Fortress Colony’

Fortress Colony: The Final Act 1945-1964, Volume IV 1961-1964 Author: Joseph M. Pirotta Publsiher: Midsea Books, Extent: 1187pp.

Kevin Aquilina With the publication of Volume IV of Professor Joseph M. Pirotta’s Fortress Colony, the authoritative treatise on Malta’s history covering the post-second world war and pre-independence period comes to a conclusive crowning end. The latest volume – Volume IV – spans over an impressive 1,200 pages making it a remarkable achievement in its own right. Yet Pirotta’s contribution cannot simply be counted in terms of pages only as that would do an injustice to its formidable content which is clearly written, logically thought out, evenly distributed, thoroughly researched, extremely detailed, objectively narrated, satisfactorily connected, thematically flowing, generously illustrated, copiously footnoted, over abundantly indexed, academically superlative, extensively wellgrounded on relevant sources, and embodying a highly persuasive historical account of disparate, interconnected and broad ranging happenings covering the brief three year span from 1961 to 1964. In a nutshell, it is a commendable academic pioneering work.

To discuss in such a short contribution the salient points in this monograph is no mean feat. Hence, I will restrict myself to considering only one provision in the Constitution of Malta, that on religion, referred to in Volume IV, in relation to the constitutional development of Malta. I leave it to other readers to comment upon this volume from the social, economic, historical, statistical, financial, religious, security, and political, angles.

Pirotta informs his readers that the colonial rulers were not entirely satisfied with the proposed Constitution drafted by Professor John J Cremona as approved in the 1964 referendum. In particular, they insisted on minimal changes comprising: (1) the inclusion of a non-discrimination clause to the human rights chapter, (2) the removal of the provisions excluding the operation of human rights provisions in relation to the Catholic Church, and (3) the addition of pertinent British election law provisions in the Constitution.

We also learn of the origin of the current provision related to the Catholic Church in the Constitution of Malta. We are informed of the Maltese government’s proposal, the British counter-proposal and the Vatican’s input thereon. The provision, as it obtained in 1964 and as it continues to date, makes Malta a confessional state, but clearly not a theocracy. Whilst the State recognises in section 2 that the religion of Malta is the Roman Catholic Apostolic religion – and this phrase’s inclusion in the Constitution reflects both the proposed Constitution for independence and part of the British proposal as endorsed by the Holy See – the Maltese proposal had a provision in section 10 which read that: ‘Religious teaching of the Roman Catholic faith shall be provided in all State schools’.

The 1964 Constitution, apart from keeping both provisions intact, inserted a new sub-section (2) to section 2 reading as follows: ‘The State guarantees to the Roman Catholic Apostolic Church the right freely to exercise her proper spiritual and ecclesiastical functions and duties and to manage her own affairs’. Yet, as Pirotta correctly points out, the legislative source of this article is not the Maltese proposed Constitution for independence of 1964 as approved by the Maltese in the 1964 referendum, as perhaps one would have expected, but an amalgam of the British/Holy See suggestion. In fact, the antecedent of sub-section (2) as proposed by the British/Holy See read as follows: ‘The State recognises and guarantees the right of the Roman Catholic Apostolic Church freely to exercise her jurisdiction in ecclesiastical affairs’ and ‘The Roman Catholic Apostolic Church shall have the right freely to perform her proper spiritual functions and to manage her own affairs’.

Pirotta writes that these clauses were to be both entrenched; they were also approved by the Pope himself. Section 2 of the independence constitution was nevertheless amended when Malta became a republic through the addition that religious teaching of the Catholic faith had to be provided ‘as part of compulsory education’ and that the British/Holy See compromise in the format of the above amalgam was restrictively rephrased stressing more the Catholic Church’s ‘duty and the right to teach which principles are right and which are wrong’ rather than her ‘right freely to exercise her proper spiritual and ecclesiastical functions and duties’ and self-management.

Of course, non-Catholics are exempt from receiving instruction in religion and although the independence Constitution was silent on this matter, the Republican constitutional amendments specifically provide so. Furthermore, through freedom of conscience every- body is entitled to profess or not to profess a religion and, in the latter case, no penal consequences ensue from such nonprofession.

By reading Pirotta’s monograph one understands better the historical antecedents of this single provision in the Constitution commented upon in this book review. As with other events masterly narrated, this contribution sheds light on the various drafts exchanged between the parties involved, the discussions thereupon, the involvement of third parties (such as the Vatican) and other key players (such as the small political parties and the General Workers Union), the input by several experts and the private sector, the compromises achieved and the birth-pangs at arriving thereat, the parties’ open and hidden agendae, the perceptions and misperceptions of the other side’s strategy, the inbuilt uncertainties evolving behind the scenes, and the fears and intrigue – not to say backstabbing – unfolding in such a complex multifaceted environment. This volume remains an illuminating exercise at unpacking Malta’s immediate pre-independence era of its eventful multidimensional happenings.

It is a good read not only for students, academics and Melitensia enthusiasts but also for those persons who have a keen interest to learn more about the history of Malta.