Our responsibility to act | Chris Fearne, Jonathan Attard, Rebecca Buttigieg

Governing is an act of leadership, of moving a society towards a better future. For this government, turning a blind eye is not a solution, even more so if this creates widespread injustice. 

A few months ago, the State Advocate had provided 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 pregnancy. 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 criminal 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 discussion. 

There were those who declared that this legislative intervention was completely unnecessary. We disagree. Others stated that it should be implemented however, any references to the term ‘woman’s health’ should be removed. We disagree. Some also attempted to spread misinformation 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 issues 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 different sectors; medical and legal professionals and activists. We believe that today, we have a strengthened 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 pregnant woman suffering from a medical complication which may put her life at immediate risk the medical 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 specialists with the Medical Council under the Health Care Professions Act two of whom being obstetricians or gynaecologists one of whom being the obstetrician 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 intervention. 

This law will also state that a viable foetus must always be saved. For us, this was obvious from day one. We are now crystallizing the definition in our law to provide more peace of mind, and halt the spreading of misinformation, which was irresponsibly brought about by the opposition. 

We are three very different people writing this. Our professional background is different. Our experiences 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 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. 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