Health minister calls for secrecy law change after woman’s abortion conviction

The health minister has called for changes in the law that allows doctors to disclose otherwise confidential information if they believe a crime has been committed, after a woman was given a prison sentence over an abortion.

On Thursday, a 28-year-old woman was handed a two-year suspended prison sentence after pleading guilty to having an abortion. The woman ended up in court after telling doctors in hospital that she had a medical abortion.

Reacting to the sentence, Jo Etienne 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,” Abela said.

He insisted that the government does not have a mandate to legalise abortion and he himself is against doing so.

“But this is something different. This is about avoiding situations where someone does not seek out help when they need it,” he said.

Abela said that “the only avenue to avoid harm” is by “tweaking” the Professional Secrecy Act – the law that compels professionals like doctors, lawyers and accountants not to disclose private information.

Under the current law, however, professionals (excluding legal practitioners) can disclose information that would otherwise be confidential if they believe a crime has been committed.

That means doctors who report a patient for having an abortion are not breaking any laws, since abortion is a criminal offence in Malta, Abela said.

“My interpretation is that medical professionals are not compelled to do so (report), although it is definitely within their remit,” Abela said.

He said the way forward is to amend that legislation.

“To do that, we will need broad consultation, not least at cabinet and inter-ministerial level. While I am firmly pro-life, I will not accept risking the life of any woman in such sad circumstances.”

Abela gave his comments to Times of Malta as several of his Labour Party colleagues spoke out after the prison sentence.

Equality Parliamentary Secretary Rebecca Buttigieg, MEP Daniel Attard and MPs Rosianne Cutajar and Ramona Attard expressed their concern on social media after the court ruling, saying the law is frightening people from receiving necessary medical care.

Buttigieg said that, whether one agrees with abortion or not, “many are convinced that a woman should not risk going to prison in such a case”.

Cutajar, who held Buttigieg’s portfolio a few years ago, called for clear guidelines that safeguard women’s dignity, privacy and health.

Police statistics from the last 10 years show that four of the seven abortions reported to the police were flagged by doctors at Mater Dei Hospital.

Abortion is illegal in Malta except when performed by doctors to save a woman’s life.

While it has been over 25 years since a woman was jailed for abortion in Malta, prosecutions still occur. In 2023, a woman received a conditional discharge. In 2014, two women were handed suspended sentences for abortion-related charges.

Recent figures released by Doctors for Choice show that abortion pills shipped to Malta rose to 590 last year – a 14 per cent increase on the previous year. This figure excludes women who travel abroad to terminate pregnancies.