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Legislative Assembly for the ACT: 1997 Week 1 Hansard (19 February) . . Page.. 86 ..

MR MOORE (continuing):

Mercy killings are a fact of life in our society. None of us can bring an end to this state of affairs by any legislation we might enact. Surely it is preferable to bring these events into the open and into the reach of expert advice and stringent safeguards rather than letting them remain a hidden practice. I therefore urge all members, whatever their personal views on the use of voluntary euthanasia, to recognise that it is preferable for these events to occur under the regulation of law rather than in the shadows where they currently lurk. We are legislators, yet we cannot alter the basic realities of life through our parliamentary powers. As legislators, our powers on this issue extend merely to regulating the actions of those whose misfortune it is to suffer a painful and degrading death. I urge all members present to reflect deeply on what we can control and what we cannot.

There is something which I believe I have in common with those in this Assembly who oppose the legislation which I am tabling today. Each of us in our own way is looking to improve society, to make this a better place in which to live. A basic tenet of what I have tried to achieve since being elected is to develop a healthier society. On a number of occasions in this Assembly I have referred to the World Health Organisation's 1986 charter for health promotion, the Ottawa Charter. The World Health Organisation recognises that empowerment is a fundamental part of ensuring health within the society. Empowerment of individuals is what this legislation is really about. When an individual who is in great pain, who is suffering unbearably, cries out for help, there are two ways in which we can react. As a society we can say, "We know what is good for you; do what we say", or we can actually listen to what the person is saying to us about their pain and their suffering. We can offer alternatives. We can allow them choice, freedom, autonomy. We do not have the right to say to that person, "You must do it my way".

Mr Speaker, in recent weeks I have been greatly concerned that many aspects of the public debate, and many parliamentary contributions made by members of the House of Representatives, are based on false impressions of the effect of these two laws. Many opponents of the Northern Territory law or the ACT Bill have raised and condemned scenarios dramatically beyond the scope of these laws - scenarios which I, too, condemn but which are not part of these laws at all.

There are many popularly criticised euthanasia scenarios which will not be permitted under the terms of this legislation. This Bill will not permit euthanasia by a person whose illness is not terminal. This Bill will not permit euthanasia of a person with Alzheimer's disease or a similar mental disability. Their request could not be voluntary. This Bill will not permit euthanasia by a person of unsound mind. This Bill will not permit euthanasia of a person who is unconscious or otherwise incapacitated from decision-making, unless they have previously initiated the request and have given a power of attorney according to the requirements of this Bill. This Bill will not permit euthanasia by a person if the required medical advice has not been given. This Bill will not permit euthanasia unless the communications with the patients have been in their first language. This Bill will not permit euthanasia unless the cooling-off delay periods have been properly observed.

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