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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2909 ..

MR HARGREAVES (continuing):

The question that plagues me is: Do I have the right to end one? Do any of us have that right? One can argue for aeons about this issue but, Mr Speaker, it is not the issue before us today.

My understanding is that currently, under sections 40 to 45 of the Crimes Act 1900, it is illegal to prevent a child being born alive or to contribute to a child's death. I am aware that the contention is that, where the Act says it is unlawful in some circumstances, there is learned opinion that, ergo, it must be lawful in some circumstances. I am uncomfortable with the two references to this legislation in the Bill, but I am prepared to countenance it because I do not think it alters anything in it. This Bill is about information.

In the Health Regulation (Maternal Health Information) Bill which we are debating in principle now, it concerned me that there was an illogical reference to the age of 18. Society has passed this issue years ago and now young people at less than this age can do any number of things, not the least of which is to join the armed services, give approval for major surgery, and obtain a drivers licence which, in the hands of some, is a weapon which kills their contemporaries. Mr Speaker, the age for statutory rape is 16 and we should recognise that if a young person can consent to sex at 16 then the decision to terminate should also be available at that age.

Mr Speaker, I agonised about the type of information which ought to be available to people making this most difficult of decisions. I also agonised over the role of this Assembly in insisting on the provision of information. What persuaded me in my own thoughts was that the Assembly is not only a legislature; it is, or should be, a voice of the community to its members on how society at a given time feels about certain issues. I do not pretend that the Assembly always gets it right, and I recognise that some statements by the Assembly are not greeted with acclaim by vocal segments of our community; but, Mr Speaker, I think it is our duty to try to reflect the attitudes of society whenever we can.

It is also difficult, Mr Speaker, to take a position when we are very much aware that many of our constituents are for a position and many are against. A check of the correspondence received in my office on the abortion issue, not counting the numerous phone calls that I received, revealed that 95 letters were in support of the original Osborne Bill and 103 were against it. It can be seen, therefore, that the feelings were about even in the correspondence that I received. But whom do I represent in this chamber? Do I represent the popular majority? If so, I would vote against the Bill because 103 people were against it. Should I vote according to my conscience? My colleagues in the Labor Party have been magnificent in their support during a most difficult time.

Mr Speaker, the Bill talks about the type of information required for the making of an informed decision. I have some difficulty here because it provides information on the negative side of having an abortion. It does not talk about the positive side of such a termination. It does not talk about the negative side of carrying to term nor the positive side of carrying to term.

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