Issue link: https://maltatoday.uberflip.com/i/638406
maltatoday, WEDNESDAY, 10 FEbruArY 2016 3 News ELSA calls for 'proper legislation' on surrogacy While recognising the sensitivity of the subject in Malta, the law students organisation underlines the need for proper legislation ELSA Malta yesterday pre- sented a policy paper to civil liberties minister Helena Dalli regarding the regulation of surrogacy, in which it called for "proper legislation." The Maltese branch of the European Law Students Asso- ciation said it decided to deal with this controversial subject because it felt there is a need "to get the ball rolling on a na- tional level when dealing with reproductive rights from a dif- ferent point of view than that usually given attention." ELSA said that while other aspects of reproductive rights have been discussed in great detail, not enough light has been shed on other areas, in- cluding surrogacy. "By presenting this policy pa- per to the Minister, ELSA Malta hopes that the legal arguments proposed in such paper, which are also given from a compara- tive perspective, are given due consideration and which may possibly be implemented in fu- ture legislation or policy." The policy paper, 'Onto Regu- lating Surrogacy' aims to gather sources from all over the world and place them within a local context, and present an idea which could work in a country like Malta. While pointing out that "in Malta, one of the reasons why the ban on surrogacy exists, is our morals, values as well as our culture", ELSA said that this issue also arose when it came to regulating civil unions or divorce in recent years. "It must be emphasised that when regulating surrogacy, a legal possibility is being cre- ated, but in no way is surrogacy replacing other methods of re- production, and thus, should not hinder the predominant values present in our society. ELSA Malta understands that this controversial issue is a sensitive one, but also recog- nises the need for proper legis- lation," the statement said. The paper discusses the grey areas in Maltese legislation and gives a comparative over- view of how other jurisdictions deal with the topic. "One of the problems con- cerning surrogacy all over the world, is that its regulation is inconsistent and varies in dif- ferent jurisdictions – in some countries it is explicitly prohib- ited whereas in most countries surrogacy remains completely unregulated." ELSA said that most coun- tries in Europe, including Den- mark, Greece, Ukraine and the United Kingdom, permit surro- gacy, partially, namely in cases where the surrogate mother is not paid beyond any 'reason- able expenses'; while in other European states surrogacy is either prohibited or unregu- lated. Moreover, the European Court of Human Rights (ECHR) has dealt with surrogacy and not only did it not criminalise surrogacy in its judgments, but it allows its use in specific situ- ations. ELSA said the ECHR has de- veloped a number of principles it encourages Member States to adopt in their legislation. "Our policy paper encour- ages that stakeholders on the matter within our jurisdiction consider our proposals, which include that our legislation should adopt the legal frame- work set out in the judgements delivered by the ECHR." The statement added that the ECHR has already paved the way by implementing its own principles and guidelines as to how surrogacy should be dealt with and this backs up its argu- ments presented in the policy paper. "We believe that since the remedy provided by the ECHR is available to all citizens of the respective Member States, there is no reason why our own national legislation should not remove this obstacle created by our current legislation, or lack thereof, for Maltese citizens." Qormi man charged with illegally importing seven shotguns from Libya ChriS MAngion JAMES Azzopardi, 26, from Qor- mi was allowed bail after pleading not guilty to illegally importing and transporting firearms. Inspector Saviour Demicoli told the court that at around 2:30pm on 3 February, Azzopardi was stopped at Luqa by the police, upon suspi- cion of importing illegal weapons. Upon inspection the police found four Torun Silah Sanayi 12-gauge pump action shotguns, strapped to his torso and back. 20 cartridges were also found in the vehicle. Fur- ther investigations also revealed that the Daewoo vehicle driven by the accused was unlicensed. The investigation subsequently moved to board the cargo vessel mv Saint Roch, which had arrived at the Malta Freeport from Libya the day before and on which Az- zopardi served as a crew member. Three more shotguns, identical to the ones found in the car, were found in Azzopardi's possession on board the ship. The mv Saint Roch performs regular visits to and from Tripoli and Misurata, in Libya. The total value of the firearms is €1,575 and that of the ammunition was €3.60. Inspector Demicoli accused Azz- opardi with the illegal importation of the firearms, their illegal trans- portation, driving an unlicensed vehicle, breaching the terms of a suspended sentence, committing an offence while under an order of Community Work, evading tax and duty and relapsing. The accused pleaded not guilty. Magistrate Josette Demicoli granted bail to the accused against a personal guarantee of €8,000. Lawyers Michael Sciriha, Lucio Sciriha, Franco Debono and Angie Muscat appeared for the accused. Frenchman, Briton charged with assaulting police officers ChriS MAngion TWO 26-year-old foreign na- tionals were yesterday charged with threatening, assaulting and injuring two police officers in St Julian's in the early hours of Monday, when at around 1:15am, bouncers at Havana Club in Paceville escorted French na- tional Christopher Alfred Saliba and Briton David Gareth Jones out of the club after they caused a disturbance. When the accused hit the streets a commotion ensued. PS 1128 Glenn Sammut and PC1053 Brian Tonna, on duty at St Ju- lian's, managed to move the two men from St George's Street to Wilga Street. During this time the accused did not cease resist- ing and insulting the officers. Once in Wilga Street, Saliba and Jones assaulted the offic- ers, causing them slight injuries. Jones also tried to bribe the of- ficers, offering them €50 to al- low him to leave. The officers are currently on sick leave. Magistrate Josette Demicoli heard Jones plead guilty to all charges brought against him. He was handed a €4,000 fine and two years imprisonment sus- pended for four years. Saliba however declared him- self innocent and was granted bail against a deposit of €1,000 and a personal guarantee of €7,000. Inspector Trevor Micallef pros- ecuted.