Categories
Euroland Politics

Tonio’s Non-Metamorphoses

Was it a case of “Veni Vidi Vici”? Did the Commissioner designate “sail-through” the grilling that never was last Tuesday? Has the dinosaur really convinced the trough-addicted pigs of his inveterate submission to the constitutional bible of this “sui generis” system of state collaboration? There was a telling moment during the marathon session when Tonio Borg addressed his interlocutors and reminded them that in politics “perception is important”. Indeed. Perception nowadays is a huge part of the pie and politicians are as much made or broken by the creation of a hash tag (that’s twitter talk for a subject such as #BorgEU) than by anything else.

The speed with which media will deal with a story – compounded by technological Chinese whispers – not only means that a media avatar of a politician can be created with uncanny expeditiousness but also that such avatar might morph in accordance to the predominant push of whoever is throwing the most information into the system. Tonio Borg was contemporaneously both a victim and a victor of this kind of phenomenon. The time it took Borg to study the files and dossiers relating to his new “portofolio” (sic) the liberals-in-hiding got working with their European counterparts in order to  fill them in on the “true nature” of Tonio.

What “true nature”? Well they referred to Borg’s handling of immigration affairs, to his position on IVF and on divorce, to his consorting with the Gift of Life movement and to his previous stances on homosexual rights. The spiel essentially that Borg was an uncompromising imposer of conservative values and that his political activity clearly reflected this stance. The link to the Health and Consumer portfolio was not exactly tenuous and to put it mildly there WAS a point to be made. The point though was meant to be and should have been limited to the capacity of Tonio Borg to perform his duty as a Commissioner independently of his views – unlike his performance in Maltese politics where he had no problem mixing the two.

It’s the EU Law, Stupid

And this is where Tonio Borg built his defence. It was obvious from the start who had been involved in prepping the Commissioner designate. For all his protests that he was not “thinking as a lawyer” I’m prepared to safely bet that many a night was spent in the company of Simon Busuttil and a former EU Ambassador. Nothing wrong there either. The most telling moment was Tonio’s slight hesitation in reformulating the classic description of the European Law system – many a law student would have recognised that brief moment of panic when the explanation that was just at the tip of your tongue has rushed away only to return in the form of a rehash of the original definition “in your own words”. Hence Tonio and his version of “a sui generis system of international law and an agreement between sovereign states”. (He could also have quipped a happy 50th birthday to the Van Gend & Loos case while he was at it – much more important than the International Day of Courtesy in this part of the world).

The prepping was necessary because Tonio had to use every trick in the book (better known as “the treaties”) in order to justify his speedy metamorphoses from Maltese politician to European Commissioner. In doing so he highlighted the most difficult barrier that Europe faces with regards to social harmony. For while economic barriers have come crumbling down at a faster rate than the Visigoth invasion of Rome, social mores have found the borders of old to be less permeable. Subsidiarity that great concept first brought to the world in a Papal Encyclical came to the rescue and suddenly Tonio was raising the Commissioner’s equivalent of “taking the sixth”.

You’ve seen it all so no need to dwell on it. Dr Borg could get away with packaging his national performance in a tight corner by stating that he can not and will not be able to act similarly at an EU level because the rules that apply there are different. So for the sake of argument Tonio Borg’s catholic values will have to be put in abeyance whenever he is dealing with the Commission programs to promote the use of contraceptives. He claims not to have a problem with that and I guess that his conscience will deal with the “superior orders” dilemma in its own time.

Those Shoddy Liberals

Tonio Borg did not metamorphose. He remains the same man committed to the same principles (save maybe the gaffe regarding the gender quota ) a sudden rush of arse-licking could be a most simple explanation. Or even euphoria experienced with the sudden rush of endorphins at the realisation that the Liberal Inquisition was really conducted by a bunch of pussy-footed, ill-informed bungling radicals. That last point actually really got to me. For here we were – as my friend David Friggieri puts it – with a representative of the conservative parties (yes plural) in Malta in the dock and with no real prosecutor asking the real questions.

I’d have asked a simple question to Dr Borg. What does he think of the fact that a person who is a doctor in an EU country where abortion is legal and who performs a legal abortion on a Maltese woman (who has willingly travelled to his country and consented to such an operation) is criminally liable in Malta? Simple really. In case you are wondering it’s Article 5(1)(d) of the Criminal Code in combination with article 241(1). Incidentally once said doctor is condemned to a term of imprisonment for a term of eighteen months to three years, the willing patient also becomes liable to the same punishment. But I guess that’s OK because she’s Maltese anyway.

We did not get these questions. We got questions that were obviously fed to MEPs by the type of shoddy activists who base their accusations on hearsay and conspiracy theories rather than facts. How else do you explain that Dutch liberal’s question about contraceptives in Malta that was an invitation to Tonio Borg to eat her alive (which he did with the usual classy rhetoric of a PN politician who knows he has the upper hand).

A Metamorphoses?

In the end we have what the French call a “match nul” – which means a draw but the word “nul” also means “useless”. At an EU level Borg might not really “sail through” when the voting time comes. The ALDE (liberals) and European Greens have unsurprisingly called themselves out of any support vote – they’ll be voting against. The Popular Party will back him (and also heap lauds and praise that will be hyped in the relevant media). The socialists might dilly-dally for a while and make Tonio Borg (and Tonio Fenech and Simon Busuttil) sweat a little bit more but in the end they might just give in and vote him in after having asked for more “written commitments” from his part.

Tonio Borg did not really metamorphose in the end. His was no apostasy before the baying house of atheists and agnostics. This was more of a modern Give Unto Ceasar kind of business that left many of us Maltese questioning the use of a two-tier Europe when it comes to social rights. Yes the liberals – particularly the Maltese liberals – were bitten and if you are really fond of the term then they were “defeated”. Their defeat lies in the lack of organisation and lack of clarity. It lies in the lack of identifiable leaders who could take the battle to the next level. It lies in the fact that Maltese politics rarely translates into conservative vs liberal when push comes to shove.

That is why Joseph Muscat feels comfortable standing up in parliament without any hint of irony on his face and saying “I’m a liberal” while at the same time sanctioning the PN position on embryo freezing. Joseph will continue to woo the liberal fold that have elsewhere been described as the “ex-stricklandjani” so long as his credentials are not questioned and so long as he can be contrasted to the dinosaurs that have long camped in the mainstream parties.

Unfortunately for the silent liberal movement in Malta change will never come from within any of the two parties. So long as we continue putting our eggs in their basket they’ll be happy doing what they do best – fuck all. Because as we know so well : “if we want everything to change, then everything must remain the same”. And long life to our next EU Commissioner !

Pictor has scarcely set foot in paradise when he found himself standing before a tree that had two crowns. In the leaves of one was the face of a man.; in the leaves of the other, the face of a woman. Pictor stood in awe of the tree and timidly asked, “Are you the Tree of Life?”

Read also today’s article in the Times by Ranier Fsadni.

Categories
Euroland Politics

Tonio in Europe

Tuesday is Tonio Borg’s big day. He faces what increasingly promises to be a grilling before a European parliament committee that is tasked to metaphorically expose the worst traits of potential Commissioners to be. They don’t always work, these grillings. Had someone in the committee bothered to ask John Dalli his opinion on having intermediaries (canvassers) interceding for his cause with potential lobbyists then I strongly doubt whether Tonio would he having his three hours of sweat tomorrow.

Tonio is outraged. To begin with I believe that he is right to be outraged by the allegations with regards to Nursultan Nazarbaev’s son-in-law and the Maltese visa. An ex-East German PM is really pushing the “southern, tin-pot, corrupt country” agenda a bit too far for anyone’s liking – enough to stir the “we are Maltese and we don’t take no shit” kind of sentiments that make the Times of Malta comment board such a funny (if not sad) read. That Borg was the relevant Minister at the relevant moment is neither here nor there. Nor is the fact that a lawyer hiked his fees because of the “difficulty in obtaining the permit”. In short, the Kazakh business is not so “yakshemash” and rather overstretched.

On the other hand the general principle behind the fact of people like Mr Nazarbaev-in-law getting visas in Malta while line after line of “immigrants” get the not so kosher treatment does fall squarely at the foot of Minister Borg’s agenda. There is a concept of responsibility lying not so vaguely around Mr Borg’s portfolio – and consequently this can be used as a measure of assessment of the man’s political non-achievements.

It is not the field (or waters) of immigration that will mostly be used as a Punch and Judy stick to beat at the former Deputy PM as though he were some huge piñata. The big words being thrown at the Commissioner-in-waiting are IVF and abortion. Particularly jarring for many was Tonio Borg’s activist stance in such campaigns as the GoL’s (Gift of Life) vain attempts to entrench anti-abortion provisions in the constitution. Borg seems to be labouring under the impression that this is some kind of “persecution” for his Catholic beliefs and values. He is after all a vociferous exponent of the confessional wing of the Christian Democrat party – whatever is left of it in this day and age of opportunistic populism.

Unfortunately the pinata has got the wrong end of the stick. Buttiglione could state that he was persecuted for his beliefs because in his case he was “punished” for his opinions and thoughts notwithstanding the fact that he had not actively tried to impose them on someone else. Not so with Dr Borg. His political track record speaks with his vote if not with his active support. From the divorce issues to the GoL campaign Borg stood squarely with the movement that would have transformed “personal opinion” into national law (and in the GoL campaign case, constitutionally entrenched law). At that point it no longer becomes a matter of personal opinion.

There is no denying therefore that political formations within the EU Parliament could have a vested interest in avoiding the “embarrassment” of a mitre-wielding lay bishop positioning himself at the helm of the Commission’s health policies. It is not a question of persecuting catholics but a question of ensuring that a the Commission does not become a medium for Catholic propagation and propaganda. There’s a Vatican for that.

So yes. Expect the Greens and the Liberals to vote as they would. Expect the Popular Party to rally behind the nationalist party candidate if only out of a sense of twisted camaraderie. Inevitably the surprise ticket upon which all the vote  hinges will be the Socialist vote. We had poker-faced Muscat claiming that he will not stand in the way of the nomination  but that he cannot guarantee the Socialists giving Borg a hard time. Which is neither here nor there – and not surprising given that it is Muscat. On the one hand he wants to ring the patriotic bell – hopefully he is aware of the amount of national reputation points at stake behind this new nomination (especially after the battering our pride got with Dalligate). On the other hand he cannot resist the tribal call that would celebrate the nomination’s failure as yet another “falliment” by GonziPN.

As for GonziPN itself. Well they have a Deputy Leadership contest to dazzle the faithful (some real challengers for the leadership have wisely called themselves out of the race – “this is not the right moment”). Come Wednesday morning Tonio Borg will either find himself a comfortable office at the Berlaymont or at sea on a tiny dinghy with not much hope that the rescuers will turn up. Which would be quite ironic. Don’t you think?

Categories
Mediawatch Values

Strasbourg on embryo screening

In what is set to be a landmark judgement, the Strasbourg based European Court of Human Rights held that an Italian ban that prevented a couple of healthy carriers of a genetic disease (cystic fibrosis) from screening embryos for in vitro fertilisation was in violation of their right to respect for their private and family life. (Costa and Pavan vs Italy, application 54270/10 – Judgement of 28th August 2012 not yet final).

The couple in question had already had one child. It was through this child that they found out that they were both healthy carriers of the disease cystic fibrosis .  Italian law prohibits “PID” (preimplantation diagnosis) and therefore the couple would be unable to go through a pregnancy without first ensuring that the new child would not suffer from the dangerous and fatal disease of cystic fibrosis.

From the ECHR press release:

Relying on Article 8 (right to respect for private and family life), the applicants complained that the only course open to them to have a baby that did not have cystic fibrosis was to start a pregnancy by natural means and medically terminate it every time the foetus tested positive for the disease. Under Article 14 (prohibition of discrimination), they claimed that they were victims of discrimination compared with sterile couples or those where the man had a sexually transmissible disease.

The application was lodged with the European Court of Human Rights on 20 September 2010. At the applicants’ request, on 4 May 2011 it was decided to give the case priority (Rule 41 of the Rules of Court).  The European Centre for Law and Justice (ECLJ), the “Movimento per la vita” association and 52 Italian MPs, as one third party intervener, and the “Luca Coscioni”, “Amica Cicogna Onlus”, “Cerco un bimbo” and “L’altra cicogna” associations, together with 60 Italian and European MPs, as another third party intervener, were authorised to submit  written observations (Article 36 § 2 of the Convention and Rule 44 § 3 of the Rules of
Court).

The Court considered that the applicants’ desire to resort to medically-assisted procreation and PID in order to have a baby that did not suffer from cystic fibrosis was a form of expression of their private and family life that fell within the scope of Article 8. The fact that the law did not allow them to proceed in this manner therefore amounted to an interference with their right to respect for their private and family life which was “in accordance with the law”5 and pursued the legitimate aims of protecting morals and the rights and freedoms of others.

The Italian Government justified this interference by the need to protect the health of the mother and child and the dignity and freedom of conscience of the medical professions, and to avoid the risk of eugenic abuses. The Court observed first of all that the notions of “embryo” and “child” must not be confused. It could not see how, in the event that the foetus proved to have the disease, a medically-assisted abortion could be reconciled with the Government’s justifications, considering, among other things, the consequences of such a procedure for both the foetus and the parents, particularly the mother.

The Court stressed the difference between this case, which concerned PID and homologous insemination, and that of S.H. v. Austria, which concerned access to donor insemination. Furthermore, although the question of access to PID raised delicate issues of a moral and ethical nature, the legislative choices made by Parliament in the matter did not elude the Court’s supervision. The Court noted that of the 32 Council of Europe member States whose legislation it examined, PID was only prohibited in Italy, Austria and Switzerland (regulated access to PID was currently being examined in Switzerland).

The Court observed that the inconsistency in Italian law – prohibiting the implantation of only those embryos which were healthy, but authorising the abortion of foetuses which showed symptoms of the disease – left the applicants only one choice, which brought anxiety and suffering: starting a pregnancy by natural means and terminating it if prenatal tests showed the foetus to have the disease. The Court accordingly considered that the interference with the applicants’ right to respect for their private and family life was disproportionate, in breach of Article 8.

Article 14
Discrimination, within the meaning of Article 14, meant treating persons in similar situations differently without an objective and reasonable justification. Here the Court noted that, where access to PID was concerned, couples in which the man was infected with a sexually transmissible disease were not treated differently to the applicants, as the prohibition applied to all categories of people. This part of the application was therefore rejected as being manifestly ill-founded.

Just satisfaction (Article 41)
The court held that Italy was to pay the applicants 15,000 euros (EUR) in respect of nonpecuniary
damage and EUR 2,500 in respect of costs and expenses.

Categories
Arts Politics

The Ethics of IVF

In his latest installation on J’accuse, late night commentator David Borg tells us that “There are many serious ethical issues regarding in vitro fertilization which you conveniently failed to mention such as the freezing and destruction of human embryos. Besides there are studies showing that IVF births have a higher rate of birth defects.” Never missing a beat when it comes to marching in step with the latest Vatican diktat Borg is keen to tell us what J’accuse “conveniently failed to mention” while referring shadily to mysterious, unquoted “studies” showing higher rates of birth defects.

What this champion of vatican contradictions fails to point out is that this is another of the blind alleys up which the Vatican has walked in the same vein as the infamous “condoms are bad for thee” saga in Africa – I’m sure that there are studies that point that the Vatican is indirectly responsible for millions of deaths with this indoctrination. In any case the scientific miracle (oh the provocative oxymoron) of IVF might be guilty of being too close to nature. It is in fact not just man with his IVF dabbling that risks losing a fertilized egg or two in order to increase the chances of an unhappy, barren couple to become pregnant with child. Mother nature also has the “unnatural” habit of creating and fertilizing more eggs than become babies. Funny how the Vatican hath not declared mother nature an anathema – or God himself for having allowed such an abomination to happen.

Abraham, Sarai and Hagar the IVF Handmaiden

The insipid ease with which such men as David rush to judgement over a system such as conception by IVF is what I found most unnatural and revolting. Since the god in which they seem to believe is not as interventionist as in days past – when he toyed with the couple Abraham and Sarah endlessly (not to mention all the wombs in Abimelech’s household – Genesis 20:18), today’s couples do not resort to Hagar the handmaiden for the joy of procreation but have Professor Edwards (Nobel Prize Winner for Medicine, 2010) to thank for the greater possibility of having their own offspring.

Here’s the Times (UK) editorial on the same point:

Professor Edwards’s work has its critics. The Roman Catholic Church opposes some IVF, on the ground that it can involve the destruction of embryos. And it is beyond argument that this is what happens: fertility clinics generally fertilise many eggs, and often implant two, to maximise the chance that one will survive. The remaining tiny embryos are then frozen or discarded.

But there is nothing anti-life in IVF: the embryos are created to produce babies and allow the chance of parenthood to couples who want a child of their own. Nature itself creates and fertilises many more eggs than become babies.

The embryonic cell can also be taken apart, at an early stage, to yield stem cells. Research using stem cells offers the promise of finding a cure for debilitating conditions such as Parkinson’s disease.

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