CAB129-78 — Page 190

14. Since the Napoleonic wars, Malta has been in continuous use as a British naval base and fortress. During that period, its fine natural harbours andiagarategicofosiadn on the sea lanes to the Eagnale beef 32immense value to the United Kingdom and the other countries of the Commonwealth and Empire. In the Second World War, the heroic garrison and the indomitable people of Malta were exposed to frequent, heavy and sustained air attacks, and to an intense blockade. In recognition of their courageous resistance and of the exceptional hardships and privations they endured, Malta was awarded the George Cross in 1942.

15. Recent years have seen the decision to withdraw British forces from the Suez Canal Zone; the growth of tension and unrest in the Middle East and North Africa and the establishment in Malta of the Headquarters of the N.A.T.O. Commander-in-Chief, Allied Forces, Mediterranean. All these factors have combined to emphasise the continued importance of Malta as a pivotal point in the Mediterranean.

16. The strategic importance of Malta, and the events of the last 150 years, have resulted in its economic dependence upon the United Kingdom. The degree of this dependence, and the vulnerability of the Maltese economy resulting from the predominance of our military, naval and air requirements, are factors which we have had constantly in mind in considering the future political status of the islands.

The Present Constitution

""

The

17. The present Constitution is established in the Malta (Constitution) Letters Patent and the Malta (Office of Governor) Letters Patent, 1947, as amended. There is provision for a Maltese Legislative Assembly consisting of 40 members, elected on a system of proportional representation. Assembly is empowered to make laws for the peace, order and good government of Malta," but the Constitution provides that this power shall not extend to certain specified matters which are "reserved" to what is described in the Letters Patent as the Maltese Imperial Government.* The list of "reserved matters,' on which the Governor, as the head of the Maltese Imperial Government, has power to legislate, includes, in general, matters touching the public safety or defence of our dominions" and, in particular, such questions as defence, civil aviation, currency, immigration and nationality. The Maltese Legislative Assembly has power to amend or repeal the Constitution, but legislation for this purpose cannot be passed unless the votes of not less than two-thirds of all the Members are cast in favour of it. This power of repeal or amendment does not extend to provisions of the Constitution relating either to "reserved" matters or to certain other specified subjects, including the Judicature, language, religious toleration and emergency laws.

18. The Governor has executive and legislative power in regard to all reserved matters. He must, in general, follow the advice of the Executive Council, composed of Maltese Ministers, in regard to all non-reserved matters, but he has the power to disregard their advice if he sees sufficient reason to do so. He must also consult a Nominated Council, consisting of the three Service Chiefs in Malta and two official members, in regard

* The Maltese Imperial Government is defined as the Government constituted for the exercise of any power, jurisdiction or authority in Malta with regard to reserved matters. Its members, under the Governor, are the Lieutenant-Governor, the Legal Secretary, the Director of Civil Aviation and the Secretary to the Maltese Imperial Government.

4