David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum and seek leave to have the second reading speech incorporated in Hansard.

Leave is granted.

The speech read as follows—

RESTORING TERRITORY RIGHTS (ASSISTED SUICIDE LEGISLATION) BILL 2015

In 1997, Kevin Andrews succeeded in pushing a private member's Bill through Federal Parliament. It overturned the first legislation permitting assisted suicide in Australia, enacted in the Northern Territory.

Since then, not only does assisting someone to commit suicide remain a serious crime in all States, it is also a crime in the Territories. Three states have life imprisonment as the maximum penalty, while in others the maximum penalty varies from 5 to 25 years.

This is extraordinarily cruel. The denial of the right to die at a time of our choosing can result in a lingering, painful death. It is also at odds with the fact that we have both a fundamental and legal right to choose whether we wish to continue living.

It's important to state this clearly, because people forget suicide was once illegal and failed attempts often led to prosecution.

In Medieval England, suicides were denied a Christian burial. Instead, they were carried to a crossroads in the dead of night and dumped in a pit, a wooden stake hammered through the body to pin it in place.

But punishment did not end with death. The deceased's family's belongings were handed to the Crown. This remained the case until 1822. The suicide of an adult male could reduce his survivors to pauperism.

From the middle of the 18th century there was a softening of public attitudes towards suicide. While it is obviously still an occasion for sadness, there is also a recognition that people do not belong to their families or to the government. An individual may have good reasons to take his or her own life.

But there is a catch. The law says we are only permitted to die by our own hand, without assistance. Indeed, in three states, reasonable force can still be used to stop a person from committing suicide. And if we are too weak or incapacitated to end our lives ourselves, we are condemned to suffer until nature takes its course. It is a serious offence for anyone to either help us die – or even to tell us how to do it for ourselves.

One of the consequences of this is that it can compel people to end their lives sooner than they would like. Understandably, people prefer to avoid the risk that they will become incapable of committing suicide themselves.

There is no better marker of individual freedom than the ability to decide what to do with our own body. If the law prevents us from making free choices about it, then we are not really free at all; our bodies belong to the State.

Legalisation of assisted suicide is long overdue in Australia. Opinion polls show more than 80% of Australians are in favour, across all political parties. It is high time governments accepted that on this deeply personal matter, their intrusion is not warranted.

Despite what some people think, this is not about bumping off granny to inherit the house. Assisted suicide is simply helping someone to do something that they would do for themselves, if they were not so ill or feeble. The absolutely essential element is voluntary consent, which is emphatically not merely implied consent or acquiescence.

Of course, consent must be verified. Medical practitioners are no better qualified than anyone else to confirm this, but clearly the decision must be genuine. One of my concerns with Senator Di Natale's Medical Services (Dying with Dignity)Bill 2014– although I support its general intent – is that it over-medicalises the process, giving too much power to doctors.

In the short term at least, the easiest way to smooth the path to legalising assisted suicide would be the repeal of the Euthanasia Laws Act1997 – the 'Andrews Act' I referred to earlier. It removed the power of the ACT, the NT and Norfolk Island to legalise assisted suicide, with a specific focus on repeal of the Northern Territory's law.

While it is not feasible simply to reinstate the Northern Territory act, repeal of the Andrews Act would send a signal to States and Territories that their legislatures may now turn their attention to this issue. As a bonus, it would support competitive federalism in law making. For too long, the Commonwealth has waded into areas that are properly the business of the states.

To that end, this Bill repeals the Euthanasia Laws Act1997 as well as repealing the specific provisions that were inserted by that Act into the Australian Capital Territory (Self-Government) Act 1988 and the Northern Territory (Self-Government) Act 1978 to prevent the Territories from legislating on assisted suicide. Because it isn't desirable to bring the Rights of the Terminally IllAct (NT) 'back from the dead', this Bill also ensures it remains inoperative. Should my Bill be passed, the Northern Territory Parliament will have to revisit the issue.

Given that the Rights of the Terminally IllAct (NT) was enacted 20 years ago, this is probably the best way forward – it is highly likely the Northern Territory Parliament will be able to enact an improved law.

I commend the Bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.