Government’s fragmented approach to amend the abortion law without the necessary backup support structures for women can do more harm to society, former independent MP Marlene Farrugia said.

Last Monday, government tabled amendments to make it legal for a pregnancy to be terminated, if the woman’s life is at risk, without criminal repercussions. This has drawn arguments that government was aiming to introduce abortion.

Farrugia spoke to The Malta Independent on Sunday, saying that the Bill presented by government is proof that the PL’s intention is to make changes, but in a fragmented way, or through management by crisis.

When still an MP, Farrugia had submitted a private member’s Bill that sought to decriminalise abortion, with her idea then being described as draconian. Her Bill was not discussed in Parliament before the end of the legislature. Malta is the only EU country where abortion is illegal.

“I believe that yes, you need to be draconian and clear in what you are proposing to the people. What you propose must be backed with all that is necessary to ensure the biggest positive impact on society,” she said.

Farrugia said that despite this being a law which brings only sorrow, it is a law which is needed, and we must work for a society which is in favour of procreation according to the woman’s own will and choice, and in favour of women’s rights.

Government proceeded with this move after American woman Andrea Prudente’s case. Prudente was denied abortion in Malta after suffering a miscarriage at 16 weeks and had appealed for doctors to terminate the pregnancy as it was detrimental to her health.

She had spent a week at Mater Dei hospital before being transferred to Mallorca, Spain, where she terminated her pregnancy medically.

Prudente’s ordeal spiked national outrage, with her and her partner deciding to sue Maltese authorities, arguing that the islands’ abortion laws breach human rights.

“Decriminalisation of abortion and of professionals who carry out should be clear,” Farrugia said.

“Decriminalising and introducing abortion by stealth with the amendments the government is proposing will create a nightmare of interpretations and extrapolations of the resultant law and will not grant women their reproductive rights and/or right to privacy,” Farrugia continued.

Farrugia said that adequate healthcare needs to be provided, coupled with the amendments, which would decriminalise and subsequently regularise abortion.

“Healthcare needs to be carried out in tandem with proper widespread, sexual education, full access to women’s free healthcare, free contraception, free and accessible antenatal and postnatal support, adequate mental health care, social and economic policy that favours motherhood and the nurturing of children, affordable and accessible adequate housing, eradication of child poverty and propagation of a culture that respects and upholds the value and dignity of women and motherhood,” Farrugia said.

Farrugia said that the current government is introducing amendments which drastically fail to address any of the above, after having stifled the discussion for many months, simply because it was election year, and the PL was afraid to lose votes if it betrayed its real intentions.

Farrugia did say however, that this amendment is better than no action at all.

Since government tabled the changes to the law in Parliament, academics have argued that the amendment would allow abortion even in cases when the expectant mother has serious mental health conditions, saying that this should never justify the sacrifice of a baby’s life.

The PN also said it can never be in favour of such an amendment as it will be making abortion legal. The Labour Party has denied this is the case.

Farrugia was asked if she thinks this amendment will be interpreted as allowing abortion.

“Yes, the amendment should be interpreted as allowing abortion, because it does and it should,” she said, adding that the PN should not be against the decriminalisation and regularisation of abortion as it continues to stigmatise it.

“The PN has to transition from a party of condemnation, judgement and cancel culture, to a party of compassion, understanding and conviction that it can save lives by persuasion not by imposition,” Farrugia said.

On women suffering mental health conditions, Farrugia said that we should be concentrating on how to protect these vulnerable women from getting pregnant until they can be well enough to choose when to get pregnant, with whom, and if they are ready to contend with a possible deterioration of their mental state during or after pregnancy.

“If a vulnerable woman is abused and impregnated, should she be forced to carry the pregnancy to term if it is making her sicker?” Farrugia continued.

In his speech announcing the amendments, Health Minister Chris Fearne had described government’s intentions as being “pro-life”. Asked about this, Farrugia said that decriminalisation and regularisation as healthcare is not the same as promoting abortion.

“Abortion is not something anyone does for fun. It is violent on the psyche and sometimes the body of a woman,” Farrugia said.

She said that resorting to abortion cannot be minimised by oppression, criminalisation of inaccessibility to healthcare, but the best course of action is to provide real education, preventative care to men and women and creating a motherhood friendly and supportive culture and society.

“Any amendments to the current Criminal Code can be pro-life if women who hitherto aborted in secret, because of the stigma, seek proper assistance prior to getting pregnant or after getting pregnant and before they abort. Proper supportive structures can save lives,” Farrugia said.

Asked if there should be changes to the current clauses in the law, Farrugia said that the issue should be discussed openly and sincerely within all strata of society.

“A complete revision of the relevant laws should be promulgated in tandem with all the necessary services and support that diverts our society to healthy procreation by choice,” Farrugia said.

Farrugia’s private member’s Bill had called for the striking off of Article 241(1) of the Criminal Code, which outlaws the “procuring of a miscarriage”, which carries a prison conviction of up to three years for women.

The draft Bill also demanded the striking off of Article 242, which holds anyone assisting the abortion liable to the punishment for wilful homicide or wilful bodily harm. Article 242 holds that any medical professional who administers “the means whereby the miscarriage is procured” liable to imprisonment of four years.

Additionally, Article 243(a), holds anyone who causes an abortion by “unskilfulness in his art of profession” liable to a fine of up to €2,329.

The Bill asked that Articles 242 and 243(a) be substituted with a 10-year imprisonment for whoever carries out a forced, non-consensual abortion for non-medical reasons “by means of violence, force, deceit, bribery, threats or coercion”.