Murray Watt (Queensland, Australian Labor Party) Share this | Hansard source

I intend to make a fairly short contribution to this debate. I know there are many speakers to come. At the outset, like many other speakers, I want to respect the fact there are very many different views on this important issue and that everyone's contribution in this debate comes from very deeply held beliefs. I do recognise that this is something that good people can disagree about.

I will be supporting the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015, and I'll be supporting it on two bases. The first is really the most fundamental when we look at the terms of this bill, and that is the basis of territory rights. I'm not going to be able to put this as eloquently as Senator McCarthy, who made a magnificent speech a short time ago as a representative for one of Australia's two territories, as to why it is important for residents and their elected representatives from our territories to be able to make decisions about these types of issues. It is important, when we strip all of the debate back and look at the terms of this bill, that we see the only purpose of this bill. The only thing that this bill will do is enable the Northern Territory and the ACT, the residents and elected representatives of those two territories, to make their own decisions about this issue.

The fact is that a bill, which has since become known as the Andrews bill, was passed into law some time ago and it removed the power of the two territories to make their own decisions about voluntary assisted dying. It made it very clear that the Commonwealth does have the legal and constitutional power to legislate in this space. I disagree with arguments that have been made, and will continue to be made, that this is not something the Commonwealth should or can be involved in. Section 122 of the Constitution makes very clear that the Commonwealth does have constitutional power to make laws in relation to the territories. And, just as the Commonwealth had the power around 20 years ago to remove the power of the territories to legislate in this area, similarly, tonight, the Commonwealth does have the power to give the two territories that power back.

In researching for this debate, I read that the Andrews bill, which removed this power from the territories, was actually the first time that the Commonwealth had ever legislated to remove powers that had been given to the territories, so I think it's clear that the legislation at the time was the aberration. It was the first time that power had ever been used by the Commonwealth.

The second reason I will be supporting this bill is, if you like, the substantive reason—that is, despite the misgivings that I think many of us have, I do fundamentally support the right of individuals and their families to make their own decisions about how and when they should die. That has got to be one of the most personal decisions that anyone has the opportunity to make, and I don't see that it's my role as a legislator to make that decision for other people by preventing them from having the opportunity to exercise some level of control over the circumstances in which they pass on. I'm sure all of us know many people who have experienced excruciating and prolonged deaths, and any of us who've been in that situation, whether it be with relatives or friends, would want to make sure that people do have an option. This bill can give them the option either to press on and receive palliative care or any other form of care or, if they reach the point where they feel that the time has come, to have the power to end their lives with dignity, without legislators like me taking that decision away from them.

Like all advocates for this bill, I would want to make sure that there are adequate safeguards in place to ensure what would come from this if the territories do decide to enact legislation to facilitate voluntary assisted dying. We all want to make sure there are adequate safeguards around those powers, but I trust the residents and the legislators of the two territories to be able to make those decisions and to put in place the adequate safeguards that all of us would want to see. That was something that people in Victoria and their political representatives were capable of; that's something that people all around the world and their political representatives have been capable of. I have seen nothing in the various political representations and people of the two territories in Australia to make me think that they are not capable of making the same decision.

So, as I said, I will be supporting this bill, both on territory rights grounds and because I do think that this is a very personal decision. It is something that should initially be left to the territories to make decisions for themselves, and then for individuals and their families to make decisions over their own personal circumstances.