Secrets and lies: Liberal Party deeply divided over abortion bill

The abortion bill has opened up a deep rift in the Liberal party, but as the MPs brawl, Premier Gladys Berejiklian’s backers say she knows what she’s doing.

• MPs demand answers over Gladys’ ‘sneaky’ abortion support
• Treasurer declares opposition to abortion law

It’s been a nightmare fortnight for Gladys Berejiklian.

Or has it?

Her own party has been publicly ripping itself apart over a bill to ­decriminalise abortion that was most definitely not part of the Liberals’ winning election platform.

The Premier, while refusing to speak publicly about her reasons for supporting it, allowed a bitter and highly emotional drama to play out on the floor of parliament, with MPs dividing along factional lines to throw accusations at one another.

Was the abortion bill Premier Gladys Berejiklian’s incompetent management of a sensitive issue? Or was it controlled chaos to pass contentious reform? Picture: Dean Lewins

The Right called it a disgraceful attempt to diminish babies’ right to life. The Left said it was a long-overdue reform that would bring NSW into line with the rest of the nation.

Three of the 15 co-sponsors of the bill, introduced by independent Alex Greenwich, were Liberals. Two were Nationals, one of whom — Leslie Williams — appeared to waver after controversy exploded and began proposing amendments.

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So was this Berejiklian’s incompetent management of an issue that needed much more sensitivity? Or was it something more deliberate: controlled chaos to pass a reform that was always going to be difficult?

The Left defends Ber­ejiklian against the charge of incompetence, saying she anticipated a blow-up and was happy to let the emotion play out rather than trying to suppress debate.

They also say her decision not to speak on the Bill — which has been interpreted by some on the Right as weakness — was a deliberate strategy to avoid inflaming tensions.

Greenwich and the Bill’s other supporters, including Nationals MLC Trevor Khan and Labor’s Penny Sharpe, had anticipated a vocal backlash but felt that NSW had to get the issue dealt with, long after every other jurisdiction modernised its abortion laws.

Alex Greenwich and Penny Sharpe were involved in introducing the abortion bill. Picture: Dean Lewins

Another factor on Ms ­Berejiklian’s mind is Zoe’s Law, a long-debated reform that would create an offence for causing serious harm to a child in utero — named after the 32-week unborn baby of Brodie Donegan, Zoe, who was killed bya drug driver.

The Right have long been supportive of that bill, which has been introduced by Christian Democrat Fred Nile.

Berejiklian ­declared before the March election that she would legislate to protect unborn babies if she was re-elected.

But had Zoe’s Law been passed before any abortion reforms, some say it would have further complicated the legal status of abortion — so the theory goes that abortion needed to be clarified before the government would officially ­embrace Zoe’s Law.

On Thursday night, just as the abortion bill passed the Lower House, Nile gave a second reading speech in the upper house, effectively setting Zoe’s Law up for debate.

In a move aimed at placating the Right, the word was then sent out to the conservatives that Zoe’s Law could now finally be ­addressed. “With the abortion Bill locked and loaded, the Premier can now deal with Zoe’s Law,” an MP said.

“But it will be interesting to see if it will receive the same attention and support as abortion.”

Brodie Donegan in the nursery she had prepared for her new daughter Zoe, who was killed by a drug driver in 2009, inspiring Zoe’s Law.

Despite passing through the Lower House late on Thursday night, the abortion Bill has left a trail of carnage, with both conservative and moderate MPs angry that they learned of the proposal just days before it was introduced.

Greenwich, who flagged at the March state election that he would be introducing an abortion Bill, said he informed Liberal health minister Brad Hazzard — a co-sponsor of the Bill — “informally” of his intentions in “the second half of May”.

But Hazzard now reveals he has long held a deep commitment to ­reform after being approached at a function by a woman asking about his views on abortion.

“A couple of months after the election, I was told by a women’s group that Alex was already working on it and I joined with him and the women’s groups to get the changes into parliament,” he said.

Alex Greenwich (left) talks to Health Minister Brad Hazzard. Right-wing MPs are questioning how involved Mr Hazzard was in bringing the bill to fruition. picture: Joel Carrett

Hazzard said the parliamentary process has been positive. “The ­incredibly long and respectful ­debate in the parliament is something I will always treasure,” he said.

After an abortion decriminalisation bill introduced by former Greens MLC, and now Senator, Mehreen Faruqi, in 2017 failed, discussion were held among pro-choice MPs about drafting a new bill.

A working party, including Ms Sharpe and Mr Khan, was formed, with Greenwich declaring Hazzard would play an “oversight role”. As for when Mr Hazzard saw the detail, Mr Greenwich said this occurred just shortly before the Bill was introduced into the parliament.

Not all MPs are buying it, with some accusing Mr Hazzard and Premier Gladys Berejiklian or being far more involved than they are letting on.

One right-wing Liberal source declared it a betrayal of trust.

“Here we have our leader and the Health Minister working with Labor and an independent rather than ­informing their own members,” the official said. “They were all obvi­ously in thick.”

Cartoonist Warren Brown’s take on Gladys Berejiklian’s decision not to speak on the bill.

It was not just in state parliament that tensions erupted, with a terse exchange occurring at a morning drop-in session set up by Mr Greenwich in the The Macquarie Room of Parliament House on Tuesday this week.

It is understood an aggrieved Liberal staffer challenged Mr Greenwich over the Bill, with the independent telling the Liberal to take it up with the Premier and Mr Hazzard.

To the Right, that sounded an ­admission the Premier and Health Minister had been more involved than they’d been letting on.

Almost two-thirds of Lower House Liberal MPs opposed the Bill. Except for Adam Crouch, Right and Centre-Right MPs were united in opposition.

The split was deeper among the moderates, with Eleni Petinos, Gabrielle Upton and Melanie Gibbons voting ‘no’.

As the party prepares for a snap inquiry and upper house debate, one Liberal claimed a co-sponsor privately admitted not having properly read the bill before its introduction. “It’s been a total farce,” he said.