The Opposition on Tuesday criticised the government for introducing a bill to bring the Equality for Men and Women Act in line with an EU Council directive only after it was threatened by the European Commission that it would be taken before the European Court of Human Rights if this was not done within two months.

Speaking during the debate on second reading of the Equality between Men and Women (Amendment) Bill, Opposition spokesman on family and equality Justyne Caruana said this rendered the Bill reactive, rather than proactive.

The EC memo to Malta highlighted three principal complaints: the definition of direct and indirect discrimination, the fact that there was no guarantee of independence of the body which thrived for equality, and the lack of government commitment to details on regulation and procedures that involve compensation for persons suffering discrimination.

According to the Gender Equity Index, Malta was going backwards every year, losing its place from 76 to 83. Malta was placed in the 107th place amongst 130 countries as regards female participation in employment, lagging behind Cyprus. Gozitan women had more difficulties than those in Malta to enter the field of work.

The National Commission for the Promotion of Equality report made it clear that despite efforts there was still an ongoing battle against the prevailing mentality. Like Dr Caruana, Opposition spokesman on the public sector Helena Dalli lambasted the administration for shortcomings which were hindering Maltese women attaining parity with men.

Introducing the Bill, Social Policy Minister John Dalli said the discrimination would not be limited to present and future actions but would also refer to actions which happened in the past. Another adjustment referred to indirect discrimination where this resulted from a situation where the person was disadvantaged. Proof of discrimination did not necessarily have to rely on statistical evidence.

He said that although the NCPE always acted independently, this concept was now being enshrined.

He said that personally he never hesitated to appoint women on public boards because they were as capable in doing the work as men. One should continue to promote the idea that everyone was capable and had to be given the opportunity to exercise these capabilities, he said.

Dr Caruana said the shortcomings in the local legislation should have never had to be pointed out to Malta, before something was done.

She said that the more the definition of discrimination was broadened, the more effective the fight for equality could be.

Although the law allowed for the national commission to bring a case before the courts, it had never so far succeeded in doing this as many people preferred to stop at mediation. Dr Caruana suggested that the commission be granted the right to insist on a case being put forward.

Although the bill used the word 'independent', she did not think the commission was truly independent, even if it was not biased in favour of the government. The amendments gave a lot of ministerial discretion, including the appointment of the commissioner, members and the setting of its budget. Dr Caruana asked who was responsible for gender response budgeting in Malta adding that if the country wanted to keep going in the right direction, it had to fulfil its duties.

She could not speak of equality, without mentioning the government's failure, for the second time, to nominate any female judges to the European Court. This went against what Minister Dalli had said about believing in women.

Dr Caruana said that the Gender index published by the National Equality Commission showed the number of female employees of child-bearing age was on the decrease.

Malta was classified at the bottom rung of the European ladder of the number of childcare centres. What had happened to the childcare centres at Ħal Far and in Gozo? When were they scheduled to start operating? Childcare centres should be affordable to families to encourage mothers to continue working.

She said that although more women were entering the world of work, they were often being employed in part-time and precarious work.

She asked what was the government's position regarding the EU request to increase maternity leave up to four weeks. Husbands should be encouraged more to take paternal leave so as to promote the burden-sharing and equal opportunity.

She complained that in the private sector, parental leave was still subject to the employer's discretion. The concept had to be strengthened to avoid abuses. But the private sector had to be helped so that parental leave would be brought in line with the public sector.

Tele-working and reduced hours in the public sector had to be given more encouragement.

She called on the government to review the Domestic Violence Act and said most women victims were living in poverty or near-poverty. It was important to strengthen the social fabric for these women.

Ms Dalli said that as far as equality between men and women was concerned, the government did the minimum possible. The issue was important because the country was not only facing an economic but a social recession. Such a social recession had been built throughout the years and the country was still going backwards.

Apart from having similar commissions, other countries, such as Italy and France, also appointed a Cabinet Minister responsible for equality.

Mrs Dalli said the lack of women in the labour market and throwing away women's potential would exacerbate the situation as the government would have fewer contributions, and therefore less funds for state pensions and social security.

The number of women members appointed to public boards left much to be desired.

Malta had the second lowest birth rate in Europe at 1.4 per woman when the average was 2.1. The country needed more births, which on the other hand would not be conducive to women going out to work. The presence of Maltese women in the workplace was a low 35 per cent.

Worried about losing their jobs if they became pregnant, women were crucified between two directions. Certain aspects of discrimination against them at the workplace were not always easy to catch, especially since parental leave was at the employer's discretion.

If Malta did not adequately address the situation, the country's economy would suffer further.

Mrs Dalli said that although there was equal pay for equal work in Malta, women lost their seniority because they would have taken maternity leave.

A woman's decision on whether or not to go to work, and where, was usually tempered by such considerations as the availability and cost of childcare and whether their male counterpart was working or not. The plight of single mothers was even worse.

Concluding, Ms Dalli said studies had shown that in times of economic recession and loss of jobs, men tended to vent their anxieties in domestic violence. This, too, could affect women's regular presence at work. Women also normally became the first shock absorbers of household budgetary constraints.