Issue link: https://maltatoday.uberflip.com/i/887355
maltatoday SUNDAY 15 OCTOBER 2017 News 9 So what exactly happened in June? Civil Liberties Minister Helena Dalli published a legal notice mak- ing it possible for people under- going IVF treatment to claim 100 hours of leave on full pay. The regulation is an employment issue and does not distinguish between treatment received in Malta or abroad. Wasn't this discussed in Parliament? No. The law empowers the minister to introduce such regulations through a le- gal notice. A legal notice does not require a parlia- mentary debate. However, MPs can challenge a legal notice and force a parliamentary vote after its introduction. This is what the PN has done. MPs David Agius and Stephen Spiteri gave no- tice of a motion asking for changes to the IVF leave legal notice. But what is the PN objecting to? The legal definitions of 'pro- spective parents' and 'medically assisted procreation' listed in the legal notice. The PN is saying the definitions in the le- gal notice contradict those listed in the Em- bryo Protection Act, which is the law that regulates IVF treatment. They want the definitions in the legal notice to be the same as those in the IVF law. Is there a contradiction in the definitions? The legal notice does give differ- ent definitions to the terms 'pro- spective parents' and 'medically assisted procreation' than those of the IVF law. Whether this can be said to be a "contradiction" is open to interpretation because the legal notice is linked to the Employment and Industrial Relations Act and not the Embryo Protection Act, which regulates who can undergo IVF in Malta. How is 'prospective parents' defined in the legal notice? "Two persons who are united in marriage, civil union, cohabita- tion, or who have attained the age of majority and are in a stable rela- tionship with each other." And how is this different from the definition in the IVF law? The Embryo Protection Act de- fines a prospective parent as fol- lows: "Either of two persons of the opposite sex who are united in marriage, or who have attained the age of majority and are in a stable relationship with each other." What is so significant about the difference? The legal notice on IVF leave does not distinguish between op- posite sex couples and lesbians. Anyone who is in some form of union or stable relationship and is trying to conceive through IVF is eligible for leave. The Em- bryo Protection Act, on the other hand, limits the definition of pro- spective parents to opposite sex couples. Why should this be a problem? Some in the PN have argued that the legal notice is trying to in- troduce by stealth a new definition of prospec- tive parents to pave the way for egg and sperm donation. Hold on! What have egg and sperm donation to do with all this? Well, the Embryo Protection Act only allows IVF to be performed on women who are in a relation- ship with a man. The law also bars egg and sperm donation. For les- bian couples or even opposite sex couples that suffer sterility, gam- ete donation is the only way they can conceive through IVF. Under existing legislation lesbians and sterile couples can- not obtain IVF in Malta but some go to the expense of receiv- ing treatment abroad in countries where gamete donation is legal. So, does the leave legal notice determine who can undergo IVF treatment? No. It is only the Embryo Protec- tion Act that defines who can have access to IVF. As things stand, les- bians and sterile opposite sex cou- ples cannot receive IVF treatment in Malta, irrespective of the legal notice, but they will still benefit from the leave measure if they un- dergo the treatment abroad. What will happen if the PN has its way? The new leave regulations will apply only to opposite sex couples who conceive through IVF, using their own eggs and sperm. The PN's motion will effective- ly bar les- bians and sterile couples, who go abroad to conceive through gamete dona- tion, from benefitting from 100 hours of leave. Why is the PN so concerned? Well, the reason is probably more political than legal. The party knows that the government is committed to change the Em- bryo Protection Act and make IVF treatment in Malta more accessi- ble. Gamete donation looks likely to be introduced and will undoubt- edly lead to an ethically-charged debate that can cause some serious tension within the PN. Challeng- ing the legal notice on leave may have been the new PN leader's way of trying to set the agenda, nation- ally but more importantly, inter- nally. So does the PN motion face internal opposition? Yes. Not everyone in the PN agrees with the party's decision to challenge the legal notice on leave. Therese Comodini Cachia has gone on record expressing disagreement with the proposed amendment and called on her party to allow a free vote on the matter. ksansone@mediatoday.com.mt Environment & Resources Authority Hexagon House, Spencer Hill, Marsa. The Environment & Resources Authority is seeking to employ specialized officers to join a growing team. Interested applicants must possess interpersonal, communication and time management skills and be able to work within a team. Accounts Clerk Jobs Plus Permit No. 245/2017 This Authority is recruiting a number of Accounts Clerks to support the line superior in work related to payroll, procurement, travel arrangements, payments and any additional clerical support. The position requires at least six (6) 'O' levels including Maths, English and Accounts, a minimum of three (3) years experience working in accounts or payroll related function and experience on computerized administrative systems. 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Even the ever-positive Kerr is nervous about her upcoming marathon. "Running for 42 km is a big deal and I'm nervous be- cause I've set myself a goal and I don't know if I can reach it." I'm betting that this pony won't dis- appoint. magius@mediatoday.com.mt marathon Kerr on how epilepsy New regulations introduced last June allowed people undergoing in vitro fertilisation (IVF) treatment to claim 100 hours of leave. The Nationalist Party is now objecting to the wording of the law. KURT SANSONE tries to understand why The ruckus on IVF leave is complex. So are the PN's reasons EXPLAINER