Page 3502 - Week 12 - Wednesday, 12 October 1994
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We are getting into a question of the interpretation of this law at some time perhaps long after the event. I believe, first of all, that the acceptance of an oral direction under these circumstances is quite dangerous. I have said that I object to the concept of an oral direction anyway. If it is in writing, fair enough.
Mr Moore: I raise a point of order, Madam Speaker. Mr Kaine himself draws attention to the fact that he has already put an argument and that he is about to repeat it. I draw his attention to standing order 62, which relates to irrelevant and tedious repetition.
MADAM SPEAKER: Mr Moore, I will allow Mr Kaine to continue. Please continue, Mr Kaine.
MR KAINE: Thank you, Madam Speaker. I know that Mr Moore is fanatical about this Bill. I know that Mr Moore does not intend to stop at passive euthanasia; I know that at some future time he will be moving towards active euthanasia.
Mr Moore: Because I have told you.
MR KAINE: Exactly. I have a contrary view, Mr Moore, and I am entitled to argue it. I do not have to put up with your interjections at every moment questioning my motives. Why do you not just sit quietly? If you have a valid argument, present it later.
Mr Moore: I will. You are filibustering, and you know it. You have filibustered for two days of private members business so far.
MR KAINE: You can have a go. Madam Speaker, I think I am entitled to express my concern about the fact that an oral direction under this provision of the Bill, if it becomes an Act, places a very questionable responsibility on medical practitioners in the first place. I wonder how many of them will accept the onus or responsibility that Mr Moore is proposing to put on medical professionals.
I am concerned about the later interpretation by courts of law in cases - and I am sure that there will be such cases - in which the circumstances envisaged in this clause of the Bill are under question. They will be under question, because not everybody is as enthusiastic about either passive or active euthanasia as Mr Moore is, and in many cases they are not going to accept the provisions of this law quietly. There will be many challenges to it. It is just another case of what I indicated before - medical professionals being placed in the position, in litigation that occurs after the event, of having to justify their actions. I think it is unacceptable, I think it is unreasonable and I think Mr Moore would do well to reconsider and to withdraw the clause. I make it quite clear, Madam Speaker, that I do not support this clause. I do not endorse it in any form, amended or unamended, and I intend to vote against it.
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