The Archdiocese of Malta, in a statement, has thanked the Government for “listening to the concerns” that had been raised about the proposed amendment on the termination of a pregnancy.

The Archdiocese also thanked 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.”

Earlier today Health Minister Chris Fearne and Justice Minister Jonathan Attard announced that the Government would be tabling a number of amendments.

The Government will propose an amendment to the originally submitted text of Article 243B of the Criminal Code, before the Standing Committee for the Consideration of Bills, with the aim of clarifying the intention of the legislator.

The one that protects the pregnant woman and a professional in cases where the mother, due to a medical complication is at risk of losing her life and also where the pregnant woman’s health is in grave danger that could lead to death.

The amendment will require different considerations depending on the circumstance that led to the intervention:

1. “Her life at risk: The exemption from criminal liability is based on the immediate need for a medical professional to intervene and take the necessary steps immediately to save the life of the pregnant woman whose life is at risk and who if that intervention is not done, the woman and as a consequence even the foetus will lose their lives.

In these circumstances, the doctor must establish that the foetus has not reached the time of viability before the intervention is carried out. If he has reached the time of viability, the intervention is done to give birth.

2. The woman’s health is in serious danger that could lead to death: In contrast, in this circumstance while there is also the necessity because the mother’s life may be lost but there is not the immediacy, the proposed new article is establishing a number of cumulative conditions, in addition to the general conditions, that must be observed:

A medical team composed of three doctors, registered as specialists with the Medical Council under the Health Professions Act, two of whom will be obstetricians or gynaecologists and one of whom will be the obstetrician who performs the intervention, and the a third doctor is a specialist in the condition from which the pregnant woman is suffering, they must confirm that:

a) the foetus has not reached viability and cannot be born according to the standards of the medical profession; and

b) the medical intervention is carried out only after the medical team has confirmed the necessity of the intervention, and

c) the medical intervention is carried out in a Licensed Hospital that has the necessary facilities to carry out the necessary medical intervention.”

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