After first abortion conviction, Abela mulls law rethink on confidentiality

The government is looking into amending the Professional Secrecy Act so that doctors can only report an abortion to the police if the patient gives their consent, according to Prime Minister Robert Abela. 

On Thursday, a 28-year-old woman was handed a suspended jail sentence after she pleaded guilty to having an abortion.  

It is understood that the woman bought abortion pills from the internet. 

“Since the sentence, various people who are against the introduction of abortion have spoken to me to express their disagreement with the verdict. We cannot accept the idea that a prospective mother could go to prison,” Abela said during an interview on ONE radio on Saturday. 

The prime minister noted that this is the first time a woman who has had an abortion has received a prison sentence, adding that there had been a false sense of security that it could never happen. 

“The fact that her sentence is suspended does not make a difference. If she breaks any of the conditions set out in the ruling, she’ll be thrown in prison for 22 months. If people don’t realise the implications of this verdict, they should think again.” 

Abela said that women would now put off seeking medical help due to experiencing complications after taking an abortion pill. 

“The choice shouldn’t be between health and freedom,” he said. 

Abela noted that even though abortion is illegal in Malta, hundreds of abortion pills are imported every year.  

“I won’t judge or condemn the women who take these pills. But the law is what it is and the reality is that this is an issue that we have been sweeping under the carpet.” 

Abela said that while the government did not have a mandate to amend abortion legislation, and had no intention of doing so, it was looking into making changes to the Professional Secrets Act, the law that allows doctors to disclose otherwise confidential information if they believe a crime has been committed. 

“Doctors currently have two choices. They can either not report a woman who told them she had an abortion to the police, or report her, without her prior consent. We are in the initial stages of amending the law so that women have to give their consent first,” he said. 

“Abortion laws should be followed, but if you break the law, you shouldn’t pay with your life. Women’s health should be a priority. If we continue to do nothing, there will be a death. 

The prospect of amending the secrecy act was mooted by Health Minister Jo Etienne Abela on Friday.  

Reacting to the sentence, Abela said he was “shocked” not only by the penalty handed down but also because of its implications. 

“What worries me is that if someone develops a potentially life-threatening complication after having an abortion, they might be discouraged from seeking medical assistance,” he said. 

Various other Labour MPs have also expressed outrage over the sentence, with Junior Minister Rebecca Buttigieg and MPs Rosianne Cutajar and Ramona Attard taking to social media after the ruling.