Anger builds over lack of consultation on Equality Bill

Groups representing employers, insurers, pharmacists and church schools, as well as a women's lobby criticised the government on Wednesday for pushing ahead with the proposed National Commission for Human Rights and Equality Bill without consultation

The Malta Insurance Association said changes to the legislation could have significant implications for insurers and policyholders.

It said the current bill differed "in several important aspects" from draft legislation discussed with stakeholders in 2017 and 2018.

"It is regrettable that it has progressed without consulting the insurance sector again," the association said.

The bill, currently before parliament, will establish Malta's first National Commission for Human Rights and Equality, replacing the existing equality framework with a single body empowered to investigate discrimination complaints and safeguard human rights. The government says the reform is intended to strengthen protection against discrimination and align Malta with the Paris Principles governing national human rights institutions.

The proposed legislation has already attracted criticism from several quarters. NGOs have called for wider consultation on the bill, while the Nationalist Party has withheld its support pending further scrutiny, raising concerns about the commission's independence and aspects of the legislative process.

IAM said it fully supported the principles of equality, inclusion and the protection of fundamental rights but argued that the legislation must also recognise the role of risk assessment in the insurance industry.

"Insurance is founded on the assessment of risk. Risk-based underwriting, when supported by objective actuarial, statistical and medical evidence, is a legitimate and internationally recognised practice designed to ensure fairness across all policyholders," the association said.

"It should not be confused with unlawful discrimination."

The association argued that legislation affecting insurance and other financial services should balance equality protections with the industry's need to assess risk to ensure insurance products remain fairly priced and financially sustainable.

Given the bill's potential impact on insurers, policyholders and Malta's wider financial services sector, IAM said the government should have held fresh discussions with stakeholders before seeking parliamentary approval.

Pharmacists' concerns

The Chamber of Pharmacists in a separate statement said that the proposed legislation undermines the long-established right of pharmacists to practise according to science and conscience.  

"Pharmacists do not discriminate against patients. They have a professional and ethical duty to provide care to all. At the same time, they have a constitutional right to freedom of thought and conscience, and by the United Nations Charter Of Human Rights," among others.

Dilution of women’s equality rights

In yet another statement, the Malta Women’s Lobby (MWL) also expressed concerns over the lack of consultation.  

It said its central concern is the proposed dissolution of the National Commission for the Promotion of Equality (NCPE) and the absorption of its functions into a much broader human-rights institution.

"Equality between women and men must not be reduced to merely one protected characteristic among many," it insisted.

And equality bodies need to have the independence and resources necessary to perform all their tasks effectively.

"While the MWL supports a stronger human-rights framework, this consolidation looks more like a demotion and dilution of women’s equality rights," it said.  

The lobby also issued a position paper.

 Rights of faith-based educational institutions 

The Church Schools Association and the Secretariat for Catholic Education said that while they support equality and respect for the dignity of every person, legislation of this significance must also respect the constitutional rights and freedoms of all sectors of society, including the right of faith-based educational institutions to preserve and promote their distinctive religious ethos. 

It was therefore deeply regrettable that the government was pressing ahead with the Bill despite the many calls for a more measured and consultative approach. Such an approach would have strengthened both public confidence in the legislation and the quality of the final law.

They appealed for wisdom, prudence and dialogue to prevail. 

Bill is being rushed through - employers' association

The Malta Employers' Association said it has asked the Prime Minister and the Leader of the Opposition to postpone the final discussion on the bill.

"The Association is in favour of any laws that safeguard human rights and the principles of equality and non-discrimination but has serious concerns on the details in the proposed law that is being fast-tracked in Parliament before the summer recess," the association said.

The association said the bill was being rushed through the parliamentary process without due time for proper consultation with the social partners at the Malta Council for Economic and Social Development (MCESD). It expressed full confidence that a superior law would result from proper consultation, ensuring the necessary safeguards and balances expected in legislation of this kind.

"The Malta Employers' Association regards this as a Bill of major importance that affects the fundamental rights of employees and employers and which encompasses Constitutional principles."