Updated at 7.35pm: Adds President's statement
The President said on Sunday she will be proposing to the minister that he seeks the advice of the Attorney General on the constitutionality of the IVF Bill (see statement below).
Her remarks came following a meeting she had with pro-life groups on Sunday, urging her to intervene before Tuesday’s final vote.
“We are gravely concerned that as amended, the Embryo Protection Act will lead to a breach of our Constitution, as freezing of human embryos by choice is a threat to the very same human life.
"Safeguarding the right to life of the vulnerable is an absolute right,” a spokeswoman for the groups, which staunchly oppose amendments to existing IVF laws, said.
Chair of Life Network Foundation Malta, Miriam Sciberras, noted that selecting which embryos would be given a chance to life and which would be frozen, had eugenic implications.
The three pro-life groups – the Life Network, Gift of Life Foundation and the Malta Unborn Child Movement - provided a list of questions they believed should be resolved by Parliament before Tuesday’s vote.
They noted that if the amendments were adopted as voted at Second Reading stage, the Embryo Protection Act would no longer protect anyone, let alone children born through IVF.
“We implore you to intervene so that these questions are circulated to all MPs for reflection and resolution before the final voting.”
When contacted, a spokesman for the Office of the President said the pro-life groups had asked for a meeting with Ms Coleiro Preca, to which she acceded, as she has also acceded to requests by Għaqda Nisa Laburisti and Doctors for Life for meetings about the same issue.
‘Every person has the right to family life’ - Women’s Rights Foundation
Despite the foundation’s own reservations to the proposed amendments to the Embryo Protection Act, WRF called on legislative bodies to not give in to “irrational pressure”, but ensure that all were given their “deserving and equal” right.
Any changes to the law should further the rights of those that benefit from it.
“We are very disappointed to see that some members of our society feel that they have the prerogative to hinder this right, particularly when they are not the ones that are silently suffering due to infertility or need assistance to bear children,” a spokeswoman said in a statement.
Pro-lifers’ questions that need to be answered
1. Why did the initial proposals of fertilising three eggs (with a chance of one frozen embryo) transform into a proposal of fertilising up to five eggs during the first cycle with the possibility of having up to three remaining embryos frozen?
2. How can you prevent embryo stockpiles? Would you consider a moratorium as a safeguard?
3. Posthumous conception: Shouldn't the gametes donated by men and women be destroyed upon their death to avoid posthumous conception and orphans at birth?
4. The Convention for the Rights of the Child states that children have a right to, as far as possible, know and be raised by their biological parents. Isn't it strange that these individuals will be able to vote at 16 but know their parents' identity at age 18?
5. How about consanguineous relationships? You cannot stop an anonymous donor from having sexual relationships and other children subsequent to donation.
President's statement
In a letter replying to the NGO's letter, the President said she would be forwarding the points raised by the organisations to the Health Minister for his due and proper consideration.
President Marie Louise Coleiro Preca pointed out that the Constitution did not confer upon her legislative functions except that of assenting to Bills when these were already adopted.
Moreover, she said, she was bound to act on the advice of the Government and in the case of Bills approved by the House to assent to without delay.
“However, in light of the serious content and submission you raise in connection with constitutionality of the said Bill, as guardian of the Constitution I am duty bound to refer the matter to the said minister so that he can, on his part, seek and obtain advice from the Attorney General to be loyal to the oath of office.”