Issue link: https://maltatoday.uberflip.com/i/1502123
13 NEWS ANALYSIS maltatoday | SUNDAY • 25 JUNE 2023 GOVERNING is an act of leadership, of moving a society towards a better future. For this govern- ment, turning a blind eye is not a solution, even more so if this creates widespread injustice. A few months ago, the State Advocate had pro- vided legal advice that our law does not provide any exception for circumstances where a doctor intervenes to save the life of a mother who would be experiencing complications during her pregnan- cy. In the event of a medical intervention to save a woman's life in such circumstances, both the mother and the doctors could be subject to crim- inal proceedings. Faced with this reality, it was our responsibility to act. That is why last November we put forward an amendment to the criminal code which stated that these circumstances would no longer be subject to criminal prosecution. The amendment, which passed the second reading in Parliament and is now at committee stage, generated widespread discus- sion. There were those who declared that this legislative intervention was completely unnecessary. We disagree. Others stated that it should be implemented how- ever, any references to the term 'woman's health' should be re- moved. We disagree. Some also attempted to spread misinfor- mation on such a sensitive and important topic. Yet on the other side of the debate, there were many who spoke out in favour of this reform and the necessity to amend our criminal code. There were also some who voiced their genuine concern about the possibility of potential abuse and cited the need to make clarifications to provide peace of mind. We were ready to address these is- sues and make our aims as clear as possible, since our intention has been apparent from the start. That is why now that we are at committee stage we have come up with a clearer version of Bill 28. This comes after months of consultation with a wide spectrum of individuals and NGOs from dif- ferent sectors; medical and legal professionals and activists. We believe that today, we have a strength- ened amendment that meets the objectives that we set out with in the first place. In situations where there is immediate risk of loss of life the new law will state: "in the case of a preg- nant woman suffering from a medical complication which may put her life at immediate risk the med- ical intervention is done when in the reasonable opinion of the medical practitioner carrying out the intervention the foetus has not reached the period of viability". On the other hand, if there are circumstances of grievous health risks, which could lead to death, we are saying that: the medical intervention is carried out only after the medical team has confirmed the necessity of the intervention. A "medical team" means three medical practitioners registered as spe- cialists with the Medical Council under the Health Care Professions Act two of whom being obstetri- cians or gynaecologists one of whom being the ob- stetrician who carries out the intervention, and the third medical practitioner being a specialist in the condition from which the pregnant woman is suffering; The medical intervention is carried out in a licensed hospital having the facilities required for the necessary medical interven- tion. This law will also state that a viable foetus must always be saved. For us, this was obvious from day one. We are now crys- tallizing the definition in our law to provide more peace of mind, and halt the spreading of misinformation, which was irre- sponsibly brought about by the opposition. We are three very different people writing this. Our professional background is different. Our ex- periences are different. However, there is one thing that unites us; our will to bring about justice. The very same principle that unites this government. What we are proposing will always generate differ- ent reactions. However, it will surely provide peace of mind in extraordinary circumstances where a woman may develop a condition that puts her life at risk. Not acting or pretending that problems can be solved simply by looking the other way, for us, will never be an option. We are acting responsibly to save lives. Chris Fearne is health minister; Jonathan Attard is justice minister; Rebecca Buttigieg is parliamentary secretary for reforms Our responsibility to act By Chris Fearne, Jonathan Attard & Rebecca Buttigieg What we are proposing will always generate different reactions. However, it will surely provide peace of mind in extraordinary circumstances where a woman may develop a condition that puts her life at risk and a 'big let-down' Joe Giglio, PN MP "Government's u-turn is now in conformity with what we've been proposing as a party. The new proposal gives legal certainty to medical professionals who could be unsure of their actions when faced with terminating a pregnancy." Marie-Louise Coleiro Preca, children's rights activist and former president "The new amendments are a sign that all voices were heard, and those include the mother's voice, and the unborn child's voice. Life and the value of life have always been at the centre of this debate."