Page 685 - Week 03 - Wednesday, 31 March 2021
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I also acknowledge that Ms Lee is a co-sponsor of today’s motion, which is very welcome. I am hopeful that this contributes to a change of mind by the federal decision-makers, recognising that this is an issue about the territory and not about a particular view or a particular brand of politics.
This situation, where we are restricted from making laws on euthanasia, is, frankly, farcical. It is farcical today, in 2021, but it was already farcical back in 1997, when the Australian parliament amended the territory’s self-government act to specify that it could not make laws on euthanasia. In doing so, the commonwealth took back part of the legislative powers it had already conferred on the ACT when it granted self-government.
Our grant of power allows us to make laws for the peace, order and good government of ACT residents; to look after health, education, prisons, courts and criminal laws; to hold our own elections; and all of the other activities that this government and this Assembly undertake on behalf of the residents of this territory. But, for some reason, there is one imposed restriction. We cannot make laws, or even realistically have the debate, on euthanasia.
The only way this situation makes any sense is to understand that the imposed restriction on the territories’ independence is purely political. It is not based on what is fair or what is a reasonable and consistent approach to self-government. It is simply the exercise of political power by people in federal parliament who either oppose voluntary euthanasia or who are too scared of any political risk associated with supporting euthanasia. In restricting the territories’ law-making powers, they win an ideological victory for themselves; but, at the same time, they make a mockery of self-government and they tell ACT citizens that they are second-class citizens and less worthy than people living in the Australian states.
As time passes, the absurdity of this situation is amplified. In 1996 the federal government responded in a panicked way to the Northern Territory’s euthanasia laws, the first in Australia. They removed the territories’ ability to make laws on this topic. But now, nearly 25 years later, several states in Australia have voluntary euthanasia laws. Victoria, Western Australia and Tasmania have already legislated. Legislation is progressing or being debated in other states; yet, the ACT sits here, unable to act, and a victim of federal government politics.
We are headed for the ridiculous situation where, in a few years from now, most of Australia has access to voluntary euthanasia, but the 400,000-odd citizens of the ACT remain in a little discriminatory island. Is that where we are headed? And is that really acceptable? My message to federal parliamentarians is: it is time to give up on this issue. There are euthanasia laws in Australia. You may as well return to the ACT its democratic rights.
As I said, many of us have been campaigning on this issue of territory rights, and voluntary euthanasia, for many years. So far, we have not had the success we desire, but this is what campaigning is. We know well that campaigning successes can take many years of ongoing efforts. I guarantee to the federal parliament that I and my
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