[ANALYSIS] Abortion, moral authority and the president's choices

George Vella has made it clear that he will resign rather than sign on a law that would introduce abortion in Malta.

It was one of the first statements he made in interviews he gave sister newspaper Illum and TVM, on the day of his swearing in.

It was also a statement, albeit couched in more diplomatic wording, he made during the inaugural speech at the Palace in Valletta as he laid out the direction of his presidency.

“As a doctor, I will fight for the health of this country and the respect for life from start to finish of every individual,” Vella said.

His responses should come as no surprise because they are a reflection of the political consensus so far that abortion should remain illegal with no exception.

Indeed, Vella’s talk of resigning if an abortion law came before him for signing is in line with what his predecessors have said.

Guido de Marco had said he would resign from president if parliament approved a law legalising abortion

From de Marco to Coleiro Preca

Guido de Marco had during his tenure as president between 1999 and 2004 said that he would resign from office to avoid a constitutional crisis if parliament approved an abortion law.

It was a sentiment shared by the two presidents that came after him – Eddie Fenech Adami and George Abela.

In February 2014, just two months before the end of his term, Abela had insisted he would refuse to sign a law legalising abortion, telling a group of pro-lifers that the rights of children should be protected even during the nine months before birth.

George Abela had been reticent on civil unions in 2014

Abela had also been reticent in signing the civil unions Bill that gave same-sex couples the right to have their union recognised by the State. The government had slowed down on the legislation until after Abela’s term came to an end.

Civil Unions became a reality in 2014 and the law was one of the first signed by incoming president Marie-Louise Coleiro Preca.

But on the issue of abortion there was no change in direction.

Just months into her presidency, Coleiro Preca told a delegation from the Malta Unborn Child Movement that she was “personally dead set against” abortion and as president she would never sign such legislation.

Coleiro Preca never got to face that prospect but last year she signed under protest a law that allowed embryo freezing and gamete donation.

The law amended the Embryo Protection Act and in an unprecedented move for a president, Coleiro Preca had publicly asked the government to re-open the consultation process after the parliamentary debate had started. 

Vella is unlikely to face the prospect of having to sign an abortion law. The government has no mandate to put forward such legislation and no MP has indicated the prospect of putting forward a private member’s Bill.

So why would Vella include a categorical statement against abortion in his inaugural speech if there is no political party championing the cause?

Marriage equality meant that gay marriage became legal in 2017

A changed society

For starters, he comes from the same generation of politicians like his predecessors, who have always championed the status quo on the abortion issue.

But Vella also inherits a vastly different society from the one his predecessors had to deal with.

In just six years since the Labour Party under Joseph Muscat came to power, a civil liberties revolution occurred. Gay marriage became a reality, gender neutrality was enshrined in our laws, assisted reproduction was made possible for gay couples, single women and completely sterile couples – none of which could undergo IVF under the previous law. Embryo freezing became a reality as part of the IVF treatment.

Members of seven non-profit organisations and individual co-founders set up a coalition to combat the stigma of abortion

Within this changing scenario, in March this year a pro-choice civil society platform called Voice for Choice was set up. For the first time the platform, which launched publicly, gave a face to the Maltese pro-abortion movement, advocating the right of women to choose what to do with their bodies and to fight the stigma of abortion.

A few weeks earlier, a British organisation called Abortion Support Network announced it was extending its online information service to Malta. The organisation provides information on abortion and may even make travel arrangements for Maltese women to reach clinics in several EU countries.

This is the context that frames Vella’s emphatic statements on abortion.

The legalisation of cannabis use for recreational purposes is a contentious issue George Vella will have to face

The choices ahead

In political terms, Muscat has ensured that abortion remains off the table, at least for the next five years. He knows that any move to legalise abortion is more likely to come from exponents within the Labour Party, although none have publicly joined the Voice for Choice platform.

The Nationalist Party has tried to fuel concerns about the prospect of abortion being legalised. During the parliamentary debate to approve Vella’s nomination, Adrian Delia went as far as saying that the president could be facing important moral tests during his tenure. 

Muscat’s shrewd move leaves the PN appearing hysterical even as Vella provides the adequate safeguard against legalising abortion. At the same time, the debate can and will continue to gain traction in society.

Vella is unlikely to be asked to choose between his conscience and his duty on the issue of abortion but his social conservative views may still cause problems on other issues the government may put forward.

Asked by TVM’s Reno Bugeja on the legalisation of cannabis use, another controversial topic expected to make it to parliament’s agenda, Vella was less emphatic in his approach. 

“I do not agree with the recreational use of cannabis but we have to see what professionals, say… I do not have a deep objection,” he said.

Cannabis legalisation may not appear to be a stumbling block but on other issues it has to be seen where Vella stands.

A discussion on altruistic surrogacy was postponed in 2018 with government pledging to bring it up for consideration during this legislature

During the IVF debate last year, the government had postponed the introduction of surrogacy after serious concerns were raised.

Health Minister Chris Fearne had pledged to put forward a separate law on surrogacy to allow a distinct and focussed discussion on the matter.

It still has to be seen whether Vella’s moral compass considers surrogacy in the same category as abortion.

The presidency has no executive power but Vella will command moral authority. His words will be given weight and away from the morally contentious issues, he is expected to be a champion of the poor.

Like Marie-Louise Coleiro Preca, the new president will champion social justice but is likely to shy away from charity

Rights not charity

Like his predecessor Coleiro Preca, the new president will represent the nation’s social conscience but unlike her, he is likely to shy away from charity.

Vella’s statement in his inaugural speech that the poor should be helped as a matter of right, not charity, requires elaboration, especially in view of the charitable work expected of the president.

It suggests Vella will adopt some form of different strategy on the work of the Community Chest Fund Foundation and his role in this regard. What he will do differently is unclear.

But one thing is certain about Vella’s presidency: it will not be a silent one.

Judicious and straightforward in his political life, Vella will surely carry these qualities with him as he settles down at his new home in San Anton Palace.