Luke Gosling, Alicia Payne push for restoring right to legislate euthanasia

Luke Gosling has formally appealed to his federal colleagues to restore the NT’s right to legislate voluntary euthanasia.

MEMBER for Solomon Luke Gosling has taken a first step to restoring the Northern Territory government’s ability to introduce voluntary assisted dying.

On Monday, Mr Gosling on Monday introduced a private member’s Bill into Federal Parliament seeking to restore the right of self-determination to the people and parliaments of the NT and ACT.

Mr Gosling is co-sponsoring the Bill in conjunction with Member for Canberra Alicia Payne to overturn legislation introduced by former Coalition government back-bencher Kevin Andrews and supported by the John Howard-led government to overturn the Territory’s world-first euthanasia laws.

Luke Gosling appealed to federal parliament to all the territories rights to legislate voluntary assisted dying. Picture: NCA NewsWire / Gary Ramage

Prime Minister John Howard objected to the legislation and used the Commonwealth’s supremacy over legislation in the Territory and ACT to have voluntary euthanasia overturned.

“On behalf of the overwhelming majority of people who call the Territories home, I introduce this very simple but long-overdue legislation,” Mr Gosling told federal parliament on MOnday.

“The Northern Territory was the first jurisdiction in the world to legislate voluntary assisted dying. That was a quarter of a century ago.

“The former member for Menzies was successful in his efforts to block the Territory’s law a year later, also ensuring that the ACT would similarly not be able to legislate on this issue.

“Since what became commonly known as the Andrews Ban came into effect, many jurisdictions around the world have debated and legislated voluntary assisted dying.

That includes all of Australia’s six states.

“But even though (Kevin Andrews) has left the Parliament, the NT and the ACT remain gagged and bound by the former member for Menzies.”

Former prime minister John Howard supported the veto at the time. Picture: Jason Edwards

The Bill doesn’t legislate in favor of euthanasia but allows the NT and ACT parliaments to debate and legislate the practice.

“It is called the Restoring Territory Rights Bill because that is all it seeks to do – to level the democratic playing field and restore legislative rights to the Territories,” Mr Gosling said.

“As federal legislators, it is not our role when it comes to voting on this bill, to treat it as a vote by proxy for or against voluntary assisted dying. That responsibility lies with the members of the NT and ACT Legislative Assemblies, should they choose to draft legislation on this issue.

“This Bill will simply remove constraints that the Commonwealth government placed on the legislative powers of the NT and ACT a quarter of a century ago.

“The bill restores the democratic rights of citizens in the Territories by removing a constraint on the legislative authority of their elected representatives which does not exist anywhere else in Australia.”

It is expected federal parliament will take a final vote on Mr Gosling’s Bill later this year.

Push to restore democratic rights

THE democratic rights of the territories will take centrestage in federal parliament on Monday with a renewed push to overturn a controversial Commonwealth ban.

Solomon MP Luke Gosling will table a private members’ Bill, co-sponsored by Canberra MP Alicia Payne, to overturn the ban on the Northern Territory and ACT legislating voluntary assisted dying (VAD).

The Albanese government will allow a conscience vote on the Bill and, while VAD continues to be a divisive topic, Mr Gosling said democratic rights needed to be prioritised. If the Bill is successful, it will allow the NT and ACT parliaments to debate and legislate VAD.

“No matter what people’s personal views about voluntary assisted dying, and I have reservations about it myself, this is a matter of equality and fairness and as being democratically equal to Australians who live in the states,” he said.

Mr Gosling said he was confident of support in the House of Representatives but significant conversations have had to happen with the Senate.

“One of the advantages that we have now is that because all the states have debated and legislated on this issue, we can look at best practice from the others,” he said.

“But again, they are issues for the territory legislative assemblies.

“All I’m doing as a representative of Territorians is making sure that we are no longer treated as second-class citizens and we are no longer restricted from making laws that affect Territorians in the same way that the state parliaments are able to do and have already done.”

The Northern Territory became the first jurisdiction in the world to legalise VAD in 1995.

The legislation was later vetoed by the federal Coalition government in 1997.

Subsequent attempts to overturn former Liberal MP Kevin Andrews’ veto have been unsuccessful.

The renewed push to restore territory rights has gained support from numerous politicians including Attorney-General Mark Dreyfus QC, Senator Jacqui Lambie, Greens Senator David Shoebridge and ACT Senator David Pocock who campaigned for VAD during the federal election.

Lingiari MP Marion Scrymgour also appealed to her federal colleagues to prioritise Territorians having their say.

“This Bill is about the right of the Territory to make decisions for itself – without Canberra coming in over the top of us,” she said.

“For those who oppose voluntary assisted dying, I understand your hesitance.

“It’s a difficult issue to discuss and one that needs to be debated widely.

“What we are saying is that it is the choice of the Northern Territory – not Canberra.”