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THE GEORGE VELLA CONUNDRUM 4 maltatoday | SUNDAY • 1 JANUARY 2023 NEWS 1. Steward's fate on the line Judge Francesco Depasquale is ex- pected to deliver judgment in Janu- ary on the case instituted by PN MP Adrian Delia to have the hospitals privatisation contract rescinded. The judgment will determine the fate of the concession agreement, the fu- ture of American operator Steward Health Care and government's plans for the sector. 2. Small Nations Games come to Malta Puka, the lampuka-inspired mas- cot, will welcome athletes from nine countries competing in the 19th edition of the Games of the Small States of Europe to be held in Malta between 28 May and 3 June. Athletes will compete in 10 sporting disci- plines and Malta will hope for a bet- ter performance than that in Monte- negro in 2019 when it won 27 medals and placed sixth. 3. Valletta flies the rainbow flag Valletta will host EuroPride, a pan-European event dedicated to LGBT pride, between 7 and 17 Sep- tember. The celebration will be the largest gathering of diversity Malta has ever seen. LQBTI+ human rights issues will take centre stage in the event billed as 'Equality From The Heart'. Kurt Sansone's 20 things to look out for this year KURT SANSONE PRESIDENT George Vella has on more than one occasion publicly drawn a red line beneath abortion when asked his views on the subject. He has insisted that as president he will opt to resign his post rather than sign a law that introduces abortion. This predicament may very well come to be in the coming weeks. Parliament reconvenes after the Christmas recess on 9 January and the amendment decriminalising abortion if a woman's life or health is at risk will be debated at committee stage sometime after. This is the stage when the finer details of the law will be discussed and any changes enacted, if at all. The Opposi- tion is against the current Bill, insisting termination should only be contem- plated if a woman's life is in danger and not her health. The Opposition's stand is modelled on a proposal put forward by more than 80 academics from various fields and is supported by anti-abortion groups and the church. Prime Minister Robert Abela and Health Minister Chris Fearne have al- ready hinted the government will put forward some changes to its proposal without compromising on the two key principles: protecting the woman's life and health. The changes have not yet been out- lined, although one possibility is the in- troduction of a three-member board to take such decisions thus putting paid to the idea that a pro-choice doctor could single-handedly acquiesce to their pa- tient's demands. The objectionable part of the pro- posed amendment – the health aspect – is unlikely to be touched though. Un- der the proposed changes, abortion will remain illegal and punishable by prison time but with two limited exceptions to safeguard doctors and women. Whether the changes government will put forward at committee stage will be enough to placate Vella's conscience still has to be seen. When asked about his position, the President insisted he will wait for the final wording of the law before making any decision. In his Republic Day address, Vella broke presidential practice by briefly referring to the abortion debate and expressing hope that all concerns being raised will be addressed. The day of reckoning is likely to hap- pen in January unless the debate drags on. But irrespective of when parliament approves the abortion amendment – government has the numbers and sup- port to get it through easily – the act will at some point reach Vella's desk at San Anton for assent. Three choices Vella has three choices. He can put his conscience aside and simply sign on the act. How easy this choice will be, depends on the wording of the law. But given his dead set opposition to abor- tion, Vella will have to explain his deed to a confused citizenry if the health as- pect remains an integral part of the law. Vella can also adopt the escape strat- egy he used last year when parliament approved the introduction of pre-im- plantation genetic testing in IVF pro- cesses. It was a known secret that Vella did not agree with PGT and already had qualms about IVF itself. The President's solution not to create a constitutional crisis was to go abroad on official business and have the PGT law signed by his stand-in, acting presi- dent Frank Bezzina, an academic. Given Vella's categorical statements on abortion it is unlikely he will go down this route but if he does it will dent the president's credibility and open him to ridicule. The third choice is refusing to sign on the act of parliament and resigning as a consequence. The President will have to juggle his constitutional duties, which make it clear that he has to sign any act of parliament 'without delay', ABORTING A PRESIDENCY On presidential assent Article 72. (2) When a bill is presented to the President for as- sent, he shall without delay signify that he assents. On temporary vacancy Article 49. Whenever the office of President is temporarily va- cant, and until a new President is appointed, and whenever the holder of the office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Constitution, those functions shall be performed by such person as the Prime Minister, after consultation with the Leader of the Opposition, may appoint or, if there is no person in Malta so appointed and able to perform those functions, by the Speaker of the House of Representatives. What the Constitution says…