Talking Point: Despite best care, palliative care does not work for all patients with all conditions

Voluntary assisted dying legislation is safe and compassionate, and it will provide a humane end-of-life option for suffering Tasmanians, writes Mike Gaffney.

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THE End-of-Life Choices (Voluntary Assisted Dying) Bill 2020 debate commenced yesterday afternoon, in the Legislative Council.

After years of research, consultation and meetings with a wide range of interested stakeholder groups, it was a privilege and at the same time, a somewhat daunting task to condense and present all of my thoughts and hopes for this Bill and indeed, for Tasmanians into one speech.

The Bill has been thoroughly prepared and rigorously consulted, to ensure that its operational functions are safe and logical for those who are eligible to choose Voluntary Assisted Dying, and that the person and health professionals are adequately protected.

Independent MLC, Michael Gaffney talks during the reading of the Voluntary Assisted Dying Bill at the Tasmanian Legislative Council. Picture: Zak Simmonds

It will provide terminally ill Tasmanians who are suffering intolerably with a humane, safeguarded and compassionate framework which supports their right to access Voluntary Assisted Dying.

Even though, in our small island state, VAD may involve very few people and their loved ones, to those individuals (who are contemplating or already experiencing a painful and intolerable decline), the comfort and security that this Bill will provide in assuring that they may find relief from their suffering at a time of their choosing cannot be understated.

As readers may be aware, in this state, two inquiries have been held, and three Bills pertaining to voluntary assisted dying have failed.

End-of-life choices is a difficult topic for many people to openly discuss, let alone agree upon, therefore it was not entirely unexpected, in previous political and social climates, that the Bills were not successful despite the best intentions and efforts of their proponents. However, in a somewhat ironic turn of phrase, Greek philosopher, Heraclitus said “the only constant in life is change”.

Sisters and lead petitioners, Natalie and Jacqui Gray look on as Independent MLC, Michael Gaffney talks during the reading of the Voluntary Assisted Dying Bill at the Tasmanian Legislative Council. Picture: Zak Simmonds

As VAD has become legal in more jurisdictions (such as Victoria and Western Australia, following lengthy government inquiries), our communities have become more educated and aware … and the average statistics indicated that currently, 85 per cent of people in Australia support the implementation of voluntary assisted dying legislation. Interestingly, a recent YouGov Poll of Christians in Queensland recorded 79 per cent Anglican, 68 per cent Catholic and 83 per cent Uniting/Presbyterian church members were in support of VAD.

Perhaps one of the most beautiful things about Tasmanians is that they are loyal, strong and community-minded. It was during the community forums I held across the state in January that I first became aware of just how many people had a story. Here these people were, laying bare their most upsetting experiences, knowing that this legislation could not in any way tangibly help their own loved ones, but wanting to help those who may be faced with a similar end-of-life journey.

These face-to-face meetings, phone calls, emails and the hundreds of submissions received have been a constant reminder to me never to lose sight of just how vital and wanted this legislation is.

It is a fact that palliative care can help the majority of people in achieving a peaceful, comfortable end to their lives, but despite the best and most professional and caring efforts of our dedicated health professionals, it cannot and does not work for all patients with all conditions.

Dr Christiaan Barnard wrote in his book “Good Life, Good Death” that a doctor’s duty is not only to give the patient a good life but also to give the patient a good death. He recounted a note from a patient which simply stated “The real enemy is not death, the real enemy is inhumanity”. I think it is humanity, the right to personal autonomy and compassion that are at the centre of this Bill.

When I spoke to Legislative Council Members yesterday, I implored them to consider that in pursuing a life in politics:

“At some point we all made a commitment to try to make this state a better place, to work hard to strengthen and support our communities and above all else, to do our best for those who chose us to advocate for them … during this debate, I hope we can all agree to put our communities’ wants and needs to the forefront of our thinking.

“Every now and again, we find ourselves reviewing a Bill whose impact (whether passed or not) stands to impact literally every person in the state, now and into the future.

“Today is one of those days.”

I really do believe that this is the right Bill for Tasmanians. And now is the right time.

MLC Mike Gaffney is the member for Mersey.