Premier Gladys Berejiklian will not speak about proposed abortion bill
Premier Gladys Berejiklian is not expected to debate the historic parliamentary Bill to decriminalise abortion in NSW today amid concerns it would risk influencing the view of other MPs, who will hold a conscience vote.
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Premier Gladys Berejiklian is not expected to speak on a parliamentary Bill to decriminalise abortion in NSW — despite publicly backing the laws — with MPs condemning the move as “gutless” and a “cop-out”.
Tensions are escalating as conservative MPs rush to draft a string of amendments to make it harder for women to access late-term abortions, which medical groups say is being done through a “hysterical scare campaign”.
It comes as about 30 cross-party MPs — many of whom do not support abortion reform — gathered in NSW parliament yesterday for the first Friends of Religious Freedom Groups meeting, where the contentious legislation was raised.
Labor MP Tania Mihailuk, who is co-chair with Finance Minister Damien Tudehope, said it was discussed “in the context that we need to be more active and vigilant in light of the way (it’s) being rammed through”. Both are opposed to the Bill.
While it’s believed Ms Berejiklian will support some of the proposed amendments, it’s understood it is “unlikely” she will join the debate in the lower house amid concerns it could influence other MPs in the conscience vote.
Deputy Premier John Barilaro is also supportive of the Bill but will not speak on it, saying: “The vote is what people will be judging us on”.
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Labor’s health spokesman Ryan Park on Wednesday night said it showed a “complete lack of leadership”, especially given Ms Berejiklian allowed independent MP Alex Greenwich to bring on the Bill.
He said the community elect politicians to make tough decisions and “if you’re not prepared to do that you are simply not doing your job”.
Christian Democrat MLC Fred Nile said it was a “cop-out” considering “she’s been very outspoken on every other issue”.
“She’ll lose support over this from the voters because she’s presented herself as a strong Armenian Christian,” he said.
The move could also threatens to drive a further wedge in the Liberal Party after Attorney-General Mark Speakman and Planning Minister Rob Stokes drafted eight amendments to water down the legislation, which was overseen by Health Minister Brad Hazzard.
It has angered at least one Liberal MP who said “any member of parliament who has strong views on this bill either for or against they should speak up and give a speech and explain their reasons”.
In addition to Mr Speakman and Mr Stokes, other MPs drafting amendments to the Bill include Riverstone MP Kevin Conolly, Mulgoa MP Tanya Davies, Ku-ring-gai MP Alistair Henskens and Wagga Wagga MP Dr Joe McGirr.
Dr McGirr on Wednesday night tabled a conscientious objection amendment — which will be supported by Treasurer Dominic Perrottet — to remove the obligation for doctors to refer patients on to another medical practitioner if they object to an abortion.
Other suggested amendments include a legislative requirement for women to give “informed consent”, which the Australian Medical Association said was “unnecessary and insulting” because doctors do this already.
The AMA NSW said in a statement that it was “concerned the objective of the Reproductive Healthcare Reform Bill risks being derailed by unfounded fearmongering on abortion”.
Family Planning NSW chief executive Ann Brassil said some MPs were “attempting to impose some of the most extreme conditions in the country on the health of NSW women through a hysterical scare campaign”.
The Bill would excise abortion from the state’s 119-year-old criminal code and allow termination upon request from a registered doctor up to 22-weeks’ gestation.
It also allows for abortions beyond 22-weeks if two doctors consent.
MPs are expected to vote on the amendments and the Bill in the lower house on Thursday following the conclusion of the debate.
MINISTERS TO MOVE 8 LATE-TERM ABORTION AMENDMENTS
A historic parliamentary bill to decriminalise abortion in NSW — overseen by Health Minister Brad Hazzard and backed by Premier Gladys Berejiklian — has divided the Liberal Party with two senior ministers intervening to move a string of major amendments.
Attorney-General Mark Speakman and Planning Minister Rob Stokes revealed on Tuesday they would move eight amendments to the Reproductive Health Care Reform Bill 2019 to make it harder for women to access late-term abortions.
The Bill, which was debated in the lower house yesterday, was also slammed as “ill timed” and “ill thought out” by Police Minister David Elliott who vowed to oppose it on behalf of his Baulkham Hills electorate.
The proposed legislation would remove abortion from the state’s 119-year-old criminal code and create a stand-alone healthcare act to regulate the procedure.
In one of the amendments canvassed in an email sent to all MPs, Mr Stokes and Mr Speakman suggested that any terminations after 22-weeks “be performed in a public hospital, or in a private hospital approved by the Minister by regulation, except in an emergency”.
Another change could include ensuring that any late-term abortion “be performed by an obstetrician or by a medical practitioner with appropriate additional expertise, rather than any medical practitioner, except in an emergency”.
They also proposed women seeking an abortion after 22-weeks require “the approval of a hospital advisory committee rather than a second medical practitioner, except in an emergency or in cases such as fatal abnormalities”.
And “at any stage” there would need to be “a minimum 48 hour pause between consultation and performing a termination, except in an emergency”.
As it stands, the Bill would currently allow abortion upon request from a registered doctor up to 22-weeks’ gestation.
It also allows for abortions beyond 22-weeks if two doctors “consider that, in all the circumstances, the termination should be performed”.
They would also take into account the woman’s “current and future physical, psychological and social circumstances”.
Detractors of the legislation are concerned the opaque language will mean “open slather”, saying it will allow women to access abortion right up until birth.
Mr Hazzard kicked off the debate yesterday by slapping down “spurious arguments” pushed by those opposed to abortion reform.
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“This bill provides that after 22-weeks there is additional oversight by a second doctor,” he said.
“I stress this is a stricter provision than currently applies in NSW. Under the current common law provisions there is no gestational threshold that requires the additional oversight of a second doctor.”
“I absolutely refute the spurious arguments being put around abortion up until the day of birth for no reason at all.”
“Doctors have ethical and professional obligations that ensure they will not facilitate late term abortions unless there is a compelling clinical need.”
Christian Democrat MLC Fred Nile attempted to move a motion on Tuesday night to extend the length of a parliamentary inquiry to examine the Bill amid concerns the major changes are being “rushed” through parliament.
However the motion was defeated and the social issues committee will instead hold a short inquiry next, with a report due by August 20.
The legislation cannot be passed until after this date.
A vote in the Legislative Assembly could be held on Wednesday or Thursday depending on how many MPs wish to engage in the debate.
MPs will then present their amendments to the lower house where they will be voted on individually.
It’s understood Liberal MPs seeking amendments are actively contacting members to determine which ones have the best chance of getting up.
Independent MP Alex Greenwich, who introduced the Bill to parliament last week, said he was looking forward to continuing to talk to members about their concerns.
Australian Lawyers Alliance medical law spokeswoman, barrister Ngaire Watson, said there was “no provision” in the Bill for a penalty for a doctor who objects to referring a woman to a doctor who does not object.
“However this is where the doctor’s own professional practice code of conduct would apply,” she said.
“Doctors practice in accordance with professional and ethical standards and these will continue to apply within the framework of the new law.”
An Australian Medical Association NSW spokesman said the proposed Bill and the current law “are very likely to lead to very similar outcomes for doctors and their patients”.
“There are Medicare item numbers covering abortion and that is appropriate recognition that it is a health service — something the bill seeks to codify,” the spokesman said.
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