A bid to strike abortion off the agenda of tomorrow's plenary session of the Council of Europe was yesterday defeated by a mere 20 votes, The Times has learnt.
This unusual request, supported by Malta's parliamentary delegation in Strasbourg, was presented by a Spanish MP from the European People's Party (EPP) based on the "superficiality" of a highly charged report calling for the decriminalisation of abortion in all of the CoE's 47 member states.
Since abortion remained on the agenda, the council will tomorrow be called to vote on the resolution proposing that women must be offered the conditions of a free and enlightened choice. The government has made sure Malta will make its voice heard, despite the fact that it initially risked not being present since Parliament has not yet reconvened.
Recognising the importance of the matter, it briefed Nationalist MP Jeffrey Pullicino Orlando to lead a Maltese parliamentary delegation, made up of Nationalist MP Robert Arrigo, Labour MP Leo Brincat and Joe Debono Grech (who is contesting a casual election in the eighth district on behalf of the Labour Party).
The resolution has caused a furore here, even though, as happens with all CoE resolutions, it would not be legally binding if approved. However, if a case goes to the European Court of Justice and this resolution is in force, it could be a different matter.
Contacted yesterday, Dr Pullicino Orlando, who has 10 years' experience in the CoE, said he could not remember such an unusual request - to strike a topic off the agenda.
The request was strongly supported by the EPP, which met again last night to forge a common front and take an official stand on the matter tomorrow, without limiting the individual members' right to vote according to their conscience.
Dr Pullicino Orlando added that the EPP was planning to meet again today to ask for substantial changes to be made to the resolution, through its Cypriot MP on the Legal Affairs Committee. In all likelihood no changes will be made and the EPP will then vote en bloc against the resolution.
This issue is so highly charged that tomorrow's agenda has been adjusted and the vote pushed back to 4 p.m. - another unusual move - instead of being taken at noon. This is to ensure that everybody will have a chance to voice their opinion.
This controversial resolution followed the report, called Access To Safe And Legal Abortion In Europe, which was approved by the Council of Europe's Committee on Equal Opportunities for Women and Men in March.
It calls on the council's member states to make abortion "an unconditional right" and urges them to "guarantee women's effective exercise of their right to abortion", even as it holds that "abortion must, as far as possible, be avoided".
"These terms are contradictory. You either have a right, which you exercise, or you don't," Dr Pullicino Orlando said.
"To decriminalise is one thing, but this is the first time we are speaking of abortion as a right. Not even the United Nations speaks of abortion as a right.
"Apart from this, if we're talking about rights, then we feel the matter should be discussed by the Legal Affairs Committee, which will then delve into the rights of the unborn child, not the Committee on Equal Opportunities for Women and Men," he stressed.
Last month, David Fieldsend, manager of the Brussels-based CARE-Europe, had written to the members of the Parliamentary Assembly saying: "We are saddened that a process which started with a call to consider 'abortion and its impact on women' from a concern about the negative effects of the high rate of abortions in some European countries has ended up with a draft resolution calling for abortion-on-demand to be made a right."
Dr Pullicino Orlando pointed out that the report was "blatantly biased" in favour of abortion, and consultations were only carried with pro-choice organisations, none with pro-life.
The report cites the opinion of a director from an abortion organisation in the UK describing the psychological effects experienced by a woman who is prevented from having an abortion.
However, it chooses to ignore the report of the Royal College of Psychiatrists which last month warned that abortion could lead to mental illness.
"The EPP feels there is a pre-determined bias in the report and it's not prepared to accept it. It also feels the report should have never been presented in this way," Dr Pullicino Orlando said.
The Council is considered to be the chief protector and promoter of human rights in Europe, but in this case the report could risk breaking the European Constitution's right to life; the most basic human right.
Meanwhile, Mr Brincat also issued a statement encouraging the Socialist Group to withdraw the resolution, first and foremost because this is an issue for national governments to decide.
Secondly, it should respect the unanimous position of countries such as Malta, where both civil society and the country's two political parties are against abortion, he argued.