Updated 4.29pm with Voice for Choice statement

Pro-life activists have welcomed changes made by the government to a proposed amendment to the Criminal Code that will allow for the termination of a pregnancy in select circumstances. 

However, pro-choice groups have reacted strongly to the changes, saying that the bill went "from a law that would have protected women’s health to a law that could cost women their lives". 

Health Minister Chris Fearne announced the revised wording of amendments on Friday morning.

The proposed law will only allow for a pregnancy to be terminated if a mother’s life is at immediate risk or her health is "in grave jeopardy which may lead to her death", further clarifying that termination may only take place once all other treatment has been exhausted and adding that terminations will not be allowed if it is determined that the foetus can live outside of the womb. 

Three doctors will need to sign off on the intervention.

How pro-life campaigners reacted

In a statement on Friday, the Coalition for Life said that the changes came as a result of thousands of people taking up the issue with the Prime Minister and other MPs through letter-writing and demonstrations, stating clearly that the original draft of the law would have introduced abortion to Malta, and this was not acceptable. 

It further concluded that the amendment as now-proposed “does not introduce abortion to Malta but will codify the existing life-saving practices currently being applied in Malta, and provide further safeguards for mothers, unborn babies, and doctors”. 

The group thanked the government for taking its concerns seriously, while also thanking President George Vella for his “strong defence of life and his appeal and efforts for further dialogue”.

“The voice of the people of Malta has been very clear: we are a pro-life nation, valuing every life, the mother that deserves our utmost protection especially when in difficulty, the unborn child that today we have saved, thanks to this new version of the legislation, we will continue to do this,” CEO of Life Network Foundation Miriam Sciberras said. 

“This new version of the amendment is a great relief to all of us, so we can get back to our primary work of helping mothers in crisis situations with rebuilding their lives and caring for their children.”

How pro-choice campaigners reacted

Pro-choice groups were far less pleased with the changes. 

Doctors for Choice said that the changes could lead to situations "even worse than the status quo" and force women to be "facing death" in order to qualify for a termination. 

"By caving in to the demands of people who do not care about women’s wellbeing and are only interested in maintaining a ban on abortion, the government has put all women who can get pregnant in our country in jeopardy," the group said.

"We view this law as a regressive step and call upon the government to immediately halt its progression through parliament and avoid making a historical mistake."

The Voice for Choice coalition said the proposed law would end up killing women if passed into law, and said it was withdrawing its support for the bill.

Former independent MP Marlene Farrugia echoed the pro-choice campaigners’ reaction, believing the amendment leads to further regression. 

“The government has capitulated to the fundamentalists and anti-women’s rights lobby. Nothing has changed except that what already existed has been codified,” Farrugia said.

In 2021, Farrugia proposed a bill to decriminalise abortion, yet at the time both the PL and PN came out against her bill.

On Friday, Farrugia said Maltese women still lost their rights over their privacy, security and bodies as soon as they became pregnant. 

“Maltese women can still be convicted if they carry out an abortion or are accused of having caused one even if the pregnancy is a result of assault, rape or incest,” she said, adding that doctors who help women procure a safe abortion can still be indicted. 

“Maltese women are not being trusted to decide on their own life and own future.

“With this amendment, in the case of women, the definition of ‘death’ and ‘life in jeopardy’ has been taken out of their hands (or that of their chosen professionals) and handed over to three specialists chosen by the government.”

She added that she is pro-life but believes the timing of life creation and nurturing should not cost women their rights over their bodies or the progression of their life.

How political parties reacted

In a statement, the Labour Party said the amendment is bringing back an “important and historic change”.

It continued that through the amendment, the government is proposing a change to the criminal code that will ensure that pregnant women who may face serious difficulties due to medical complications during their pregnancy are protected. 

“At the same time, peace of mind is given that the necessary procedures are in place with the aim of excluding the possibility of any abuse from this important change,” the statement read. 

The PL also hit out at the Nationalist Party. 

“There were those who stood at the forefront with the opposition, that said there was no need to change the laws because they were good as they were. The Labour Party government disagreed.”

It said that the government came forward to amend the Criminal Code after the State Attorney drew attention to how a pregnant woman is breaking the law even if her pregnancy is terminated due to medical intervention and to save her life. 

“The Labour Party will remain the party that is not afraid of change, especially when this change intended to bring social justice such as these amendments that protect women and professionals, and will give peace of mind to everyone.”

The Nationalist Party said the government’s proposed amendments to the Criminal Code are a “victory for life” over those who want to introduce abortion in the country. 

“The amendment also means another u-turn by the government of Robert Abela,” the statement read. 

“The Nationalist Party has always been consistent, insisting that the laws of our country should offer legal certainty, and protection for pregnant women, unborn babies and professionals in the health field, especially in cases when an intervention is necessary to save the life of the mother who is clearly in danger.”

The statement continued that the party, along with the parliamentary group, unanimously consider the amendment to be a victory for life. 

“With the approval of this amendment by Parliament, it will be declared that abortion should not enter our country.”

The PN insisted that Abela and all other PL MPs should declare that in the future they will not look at further amendments to the law to try introducing abortion in Malta. 

It said it will remain the political force that is in favour of life in Malta.

President Emeritus Marie Louise Coleiro Preca said the changes followed a process of listening. It was now the best law that had been drawn up in a democratic process that aimed to defend the life of both the mother and baby.

"Well done," she said in a Facebook post.

Last year, Coleiro Preca was at the forefront calling for the government to redraft the changes that were then being proposed. She had also warned that plans to amend the laws were “damaging” the Labour Party.

One of Malta’s newer political parties, Volt Malta, stated that the amendments to the abortion bill are a step backwards.. 

It reiterated its call for the decriminalization and legislation of abortion and to treat it as an essential healthcare product. 

The Green Party said it welcomed the revised amendments but had expected the government's position to be “bolder”.

Chairperson Sandra Gauci said while it is good that the government was reaching a compromise, it could have been bolder, leading to steps to decriminalise abortion, as well as permit it in the case of incest, rape and non-viable pregnancies.

The party said it stood by the decriminalisation of abortion.

In a previous interview, Gauci had said women who get an abortion are not criminals.

How the church has reacted

In a statement, the Archdiocese of Malta said it wanted to thank the government for listening to the concerns that had been raised about the proposed amendment. 

“The Archdiocese also wishes to thank all those who contributed to this positive outcome, which continues to foster a culture of care that promotes the right to life of every human being while at the same time respecting the values of support and solidarity, especially to women in difficulty.”