The government and opposition sparred over a proposed bill to allow doctors to carry out the necessary medical procedures on prospective mothers who are facing severe pregnancy complications in Parliament on Monday.
Health Minister Chris Fearne said in Parliament that the proposed amendments to the abortion law will further distance the possibility of abortion being legalised in the country and will in fact make it more difficult for abortion to be legal in Malta.
PN MP Karol Aquilina meanwhile told Parliament that the amendment to the abortion law should have never entered parliament, and that the PN is unanimously voting “in favour of life.”
In the debate in Parliament, Fearne said that there is no situation where abortion will enter the country.
Fearne discussed the amendments to the law, which says that doctors who need to make an intervention when the mother suffers serious health conditions, would not face a prison sentence of up to three years, as well as a suspension of their medical license. The mother would also not face the punishment.
He said that the amendment is pro-life, and that the current clauses in the Criminal Code will not be changed. The exemption is only there to ensure that the mother’s life is saved.
“Abortion is and will remain illegal,” Fearne said. He insisted that the amendments will prevent tragedies from happening, where a doctor does not intervene due to fear of imprisonment, which consequently leads to the death of the mother and child.
Fearne accused the Opposition of spinning the wording of the amendment, by saying that this will allow abortion in the country. He said that the words used are clear that government aims to save lives.
Fearne said that there were suggestions to specify what constitutes as serious conditions, to which he said that there are established standard operating procedures in Mater Dei hospital which clearly detail which situations doctors can or cannot intervene.
He said that in case of an abuse of this law, where a doctor proceeds to carry out an abortion when the mother is not at risk of losing her life, they will answer to the law and face punishment.
On mental health conditions, Fearne said that it is imperative to treat serious mental health conditions as serious as physical complications.
“The law must be inclusive of everyone, and we cannot go back to a time where if a mother has mental health problems, then this is not considered serious,” Fearne said.
PN MP Karol Aquilina on the other hand that the amendment to the abortion law should have never entered parliament and that the PN is unanimously voting “in favour of life” and against the proposed amendments.
Aquilina quoted the Criminal Code, particularly Article 242, which holds anyone assisting the abortion to the punishment for wilful homicide or wilful bodily harm, diminished by one to two degrees; Article 242 which holds any medical professional who administers “the means whereby the miscarriage is procured” liable to imprisonment of four years.
He said that the law interprets that medical intervention should be only carried out when there is a serious physical condition and that if there is this intervention, not the doctor, nor the mother, would face legal repercussions, as it would not be constituted as illegal.
“This has already been established and that is why no one in the country’s history has ever been liable to prison sentences when there was medical intervention to save the mother. There has never been a case before,” Aquilina said.
Aquilina accused government of rushing this amendment, and that it opens the doors for abortion. On mental health, Aquilina said that in no way does any mental health problem justify the killing of the baby.
“Instead, we must offer support for the mother suffering mental health problems, and save the baby,” he said.
Aquilina said that government rushed into the amendment due to the American woman Andrea Prudente case, where she was denied abortion from Maltese doctors despite having an unviable pregnancy.
Aquilina said that Prudente argued with doctors, saying that she had a fundamental right to receive an abortion in Malta, when doctors told her that she was not at risk for her life, and no serious intervention was needed.
He said that Prudente took a photo on the airplane enroute to Spain, where she got her abortion, which showed that she was not in grave medical condition.
Aquilina said that government is only presenting this amendment as Prudente decided to sue Maltese authorities over the case.
Aquilina continued that the State Advocate representing government in the case determined that it was clear that Prudente was never in any risk of losing her life whilst she was recovering at Mater Dei. He continued that therefore, the chance of the doctors involved facing prison never existed.
He said that Prime Minister Robert Abela has continuously said in the past that he is against abortion, and there will be no circumstance where abortion will enter the country under his tenure. Aquilina questioned as to why government wants to allow abortion now.
He named the names of the 81 academics and experts who are opposing the amendment to the law, and appealed government to consider and act promptly to the law.