Sunday, April 29, 2018

TMID Editorial: Domestic violence Bill - Riding the wave

When Adrian Delia voted against the Domestic Violence Bill last week, he not only voted against important legislation that brought Malta fully in line with the Istanbul Convention on domestic violence but he also went against his own vote from a few weeks earlier.

Among other things, the bill has doubled the maximum jail term for rape from six to twelve years.

The definition of rape has been broadened to include all types of nonconsensual sexual assault.

The courts have been given the power to kick the perpetrators of domestic violence out of their family home, and to deny them custody of their children in cases of separation and divorce.

The Bill was discussed at length over a number of years, and never before now was there a problem with it.

When Parliament voted on the Bill in its second reading towards the end of January, only one MP - Edwin Vassallo (PN) - had voted against.

Vassallo had taken exception to the wording in part of the bill, where a reference to the unborn child had been removed. He had argued that this could open the door to abortion. The government had strongly denied that this was the case, reiterating several times that it was and would remain against abortion. It had also explained that the unborn child was still protected because the mother was protected - that there could be no domestic violence on the unborn child without there also being violence on the mother.

No free vote was given on that day, and all MPs save for Vassallo voted in favour. Delia had even tweeted the following: "PN in favour of the Domestic violence bill while recognizing Edwin Vassallo's ethical dilemma.  #positiveparty #strongopposition"

Yet is seems that something changed between the second and third readings, and it is not difficult to understand what.

A few weeks ago the government announced proposed amendments to the IVF law which, among other things would introduce embryo freezing and surrogacy. These are two controversial procedures that the government had no mandate to introduce, so the Opposition is right in showing concern. The debate became very heated, and a protest held in Valletta last week attracted huge crowds. The subject quickly turned on abortion again.

It seems that the PN leader decided to ride the wave, even if this meant throwing out his statements and reversing his vote.

So Delia gave his MPs a free vote. But he also declared, in no unclear terms, that he was now all out against the law, adding that he would repeal these amendments were he to be elected Prime Minister.

In voting against he has opened the PN up to ridicule and criticism, not only for voting against a law that will help many victims of domestic violence (and for a silly reason at that), but also for backtracking and, in doing so, looking like a populist.

Furthermore, the vote has further exposed the split within the party, with many of Delia's supporters openly attacking the eight MPs who 'defied' their leader's wishes and voted in favour of the government. This small group included former party leader Simon Busuttil, who expressed hi disappointment at the way he was now being labeled as a traitor by those who, up until a few months ago cheered him on at mass meetings.

Delia could have easily voted in favour of the bill, just as he did at the second reading stage, while giving an explanation of vote and voicing his concerns. In failing to do so he has no only antagonised victims of domestic violence but also those who are more liberal within the party and those who did not, and probably still do not support him as leader of the party.

His decision to give a free vote on this subject has been construed by many as a sign of weak leadership.

Over the years, including under the leadership of Eddie Fenech Adami, there were internal disagreements within the party but the leader always had the final say. Some might say that this approach is dictatorial, that it is more suited to the PL, but, politically, it is a wiser move.

 




from The Malta Independent https://ift.tt/2FskV7u
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