Only 13 out of an estimated 4,000 cohabiting couples have opted to regulate their relationship contractually as a result of a cohabitation law enacted in 2017.
Opposition MP Mario de Marco revealed the figure during a debate to revoke this law and provide for consequential amendments in other related laws.
In his address, De Marco criticised Equality Minister Edward Zammit Lewis saying he would go down in history as legislating to create inequalities.
“Rather than grant more rights to encourage more couples to register their relationship, the Bill is radically moving in the opposite direction,” he said.
“This is a hugely insensitive act by Minister Zammit Lewis,” he added.
De Marco claimed that members of cohabiting couples who had done a unilateral declaration to regulate their relationship would be penalised as this option would be removed.
He added that the Bill does not go into great detail on the reciprocal duties of cohabitants with respect to their duties towards children and alimony. In contrast the existing law is much more detailed when it comes to the right to financial aid, including cases whereby one of the parties dedicates themselves for the upbringing of the children or in cases of a split.
De Marco MP pointed out that the proposed changes would negatively affect the right to habitation in case of the death of one of the parties on whom the couple’s residence is leased. While at present, the surviving member of the couple would have the right to remain in the residence for a period of time equivalent to the number of years for which they had been cohabiting, this would be reduced to 12 months.
He also raised concern that in case of death of one of the parties, the surviving member would no longer be subject to the existing law, but the new one which according to De Marco granted them fewer rights.
“What kind of protection are we legislating for?” he questioned.
'PN cannot give us any lessons on civil rights'
Reacting to this criticism, government MPs said it was rich for the Nationalist Party to take such position after failing to regulate cohabitation during its 25-year stint in government.
In his winding up speech Edward Zammit Lewis refuted De Marco’s claims, saying the PN had no credibility in the camp of civil rights and equality. He said the government would take no lessons on civil rights from the PN.
Zammit Lewis said these changes had been enacted in agreement with the Notarial Council and the Chamber of Lawyers.
The only “incredible thing” is that a PN government had spent years pledging a cohabitation law since 2009 but in actual fact this was never enacted.
Zammit Lewis said he had nothing to be ashamed of by admitting that certain aspects of the 2017 Act needed to be changed. He said he was open for further amendments for more changes at committee stage.
He noted there had been no unilateral declaration in three years so nothing would be lost after all. However, Zammit Lewis said efforts were being made to address the situation of the existing 4,000 cohabiting couples.