Jail for women who have abortions should be assessed ‘case-by-case’: Alex Borg

Decisions on whether a woman is jailed for carrying out an abortion should be assessed on a case-by-case basis, Alex Borg said on Sunday.

Abortion remains illegal in Malta. Women who go through one and their doctors can be sent to prison. 

Speaking during an interview with Maltatoday executive editor Kurt Sansone on NET TV, the Opposition leader said he will defend the right to life from conception till death.

Prime Minister Robert Abela declared in January that he would use his powers to recommend that any jail term given to a woman for having an abortion be converted to a conditional discharge or suspended sentence.

Asked about this declaration, Borg appeared to walk a tightrope, arguing that while he never said women should be sent to jail, he neither agrees with the blanket use of cabinet powers to cancel prison sentences.

Borg said such situations should be assessed on a case-by-case basis, as not everyone can be put in jail.

He also reiterated the PN’s stance as a pro-life party.

Trump's Peace Board 

On the informal invite for Malta to join Donald Trump’s Board of Peace, Borg said the matter raised more questions than answers.

Borg said there are many unknowns about the board, including its remit and the legal repercussions on Malta should it join.

“Our position is that we need to understand the legal ramifications. I am not comfortable saying I want to be part of it…

“Are we no longer a neutral country? That was the Prime Minister’s argument when we were speaking about the Ukraine war,” Borg said.

The Opposition leader also questioned the €1 billion entry fee to join the board.

“There is a phenomenal fee to be part of the board. So, we have €1 billion for the board of peace, and those impacted by Storm Harry get €1 million”.

Borg further warned about the risks of Malta isolating itself from Europe, as even traditional allies of the United States have raised questions about the board.

He said the country must safeguard its European values.

“The worst thing is for Malta to be isolated; let us respect those European values,” Borg said.

Chief justice

Borg expressed his “shock” at how names for the role of chief justice are being bandied around with little apparent regard for how this opens up members of the judiciary to attack.

The government has come out in favour of Judge Consuelo Scerri Herrera for the role, but the Opposition leader has declined to publicly comment on his own preferred pick.

Borg said he intends to discuss several possible candidates with the prime minister.

He said, unlike the prime minister, who is intent on having his preferred candidate go through, the Opposition is willing to hold discussions on who the ideal candidate should be.

“The discussions need to be confidential, so once we decide on a person, we take it from there. The role of the chief justice cannot be turned into a political football.

“We cannot end up in a situation where everyone is attacking the judiciary. We have to take it seriously, this is not a normal job vacancy.  I am not going to go to the prime minister with just name,” Borg said.

Chief justice Mark Chetcuti is due to retire this coming week.

The new chief justice will need the backing of the government and the opposition, as a two-thirds parliamentary majority is required for the appointment.

The chief justice is the head of Malta’s judiciary. Besides hearing some cases, the chief justice also decides which members of the judiciary hear which kind of cases.