Two days of emotional and sometimes tearful debate on the End Of Life Choices (Voluntary Assisted Dying) Bill 2020 ended with a vote shortly before lunchtime on Friday.

MPs voted 17-7 in favour of the bill after the second-reading debate. A final vote is expected in March.

Labor and Green members voted unanimously in support. Liberal members were allowed a conscience vote.

Premier Peter Gutwein, Deputy Premier Jeremy Rockliff and Health Minister Sarah Courtney were among the Liberal MPs who spoke in favour of the legislation.

Attorney-General Elise Archer, Primary Industries Minister Guy Barnett and Infrastructure Michael Ferguson were among those against.

Independent MP Madeleine Ogilvie also spoke against the bill. It is the fourth time the Parliament has considered such laws.

The legislation will allow people who are suffering from advanced, incurable and irreversible conditions which are expected to cause their death within six months to end their own lives.

The House of Assembly considered the legislation during its last two sitting days for the year.

Both sides of the debate have conducted strong lobbying campaigns.

Tasmania is now expected to become the third state — after Victoria and Western Australia – to allow voluntary assisted dying.

Liberal MP Roger Jaensch on Friday told the House of Assembly the bill had been the subject of extensive consultation and had strong community support.

“Death is inevitable for all of us and most of us hope for it to be swift and painless and peaceful when it comes,” he said.

“For those who are dying and who surgery and medicine can’t help, who are close to death and who don’t have the strength to rage any more, who are afraid and know they have lived well and struggled and prevailed but no longer have control over their own one life, surely, it’s time for all of our clever science and law-making and humanity to give them a way to go gentle too.”

Liberal MP Michael Ferguson said there was vocal public support for euthanasia and capital punishment, but both were wrong.

“I have formed the view after careful consideration and looking at the provisions of this particular bill, that this bill is not a good thing for the people of our state,” he said.

“Despite what it attempts to offer, it is bad law for our older people, it is bad law for young people and this bill is an affront to our attempts to prevent suicide in Tasmania.”

Fellow Liberal, Felix Ellis also spoke against the bill.

“I can’t help in my heart of hearts but be overwhelmed by the sense that our Parliament sits on the cusp of a terrible oversight which will endanger the lives of those that we should be taking extra special care to protect,” he said.

He said he was concerned the legislation did not offered enough safeguards for older people, those with mental illness, disability or Indigenous people.

“There will be suffering on either side of the decision that we make in this place on this bill. “The choice we have as lawmakers is between shortening the suffering of the two to four per cent of the population in 2020 that die with difficult-to-manage pain and the lives lost wrongfully, enabled by the stroke of our pen — who didn’t even have an adequate voice in the safety and quality of the care they received, let alone the death that came too soon.”

The law will only apply to people aged over 18 who have been Tasmanian residents for at least 12 months.

The Bill was drafted by Legislative Council member Mike Gaffney and heavily amended after lengthy debate in that chamber. Further amendments are possible.

If passed by the House of Assembly, the Bill will come into effect in June 2022.

WHERE THEY STAND:

FOR: 17

Sarah Courtney (Lib)

Rebecca White (ALP)

Peter Gutwein (Lib)

Michelle O’Byrne (ALP)

Cassy O’Connor (Grn)

David O’Byrne (ALP)

Nic Street (Lib)

Shane Broad (ALP)

Ella Haddad (ALP)

Jeremy Rockliff (Lib)

Rosalie Woodruff (Grn)

Roger Jaensch (Lib)

Alison Standen (ALP)

Mark Shelton (Lib) *

Jen Butler (ALP)

Jennifer Houston (ALP)

Anita Dow (ALP)

(Sue Hickey (Lib)) **

AGAINST: 7

Elise Archer (Lib)

Madeleine Ogilvie (Ind)

Guy Barnett (Lib)

Felix Ellis (Lib)

Michael Ferguson (Lib)

Jacquie Petrusma (Lib)

John Tucker (Lib).

* Indicated he may change his mind at the final vote.

** Supports the legislation, but as speaker only votes when numbers are tied.

WHAT THEY SAID:

“I believe very firmly that individuals should take personal responsibility for their actions during their life, I believe very strongly in freedom of speech, freedom of religion, freedom of association and very importantly I believe in freedom of choice.” — Peter Gutwein.

“One of the fundamental beliefs I hold, is that each individual should have the right to choose what they do with their bodies, that we as capable adults should enjoy the human right to decide for ourselves, the way in which we live and indeed, if we are able, the way in which we die.” — Rebecca White.

“What do we want for the people we love when that moment comes? We don’t want them to suffer. We don’t want them to be scared. We want them to retain their autonomy and their dignity and their last hours and days. We want them to be surrounded by love, for our closest, we want to be there holding their hand when they go. And surely Madam Speaker, when our time comes, we want the same.” — Cassy O’Connor.

“The End-of-Life Choices (Voluntary Assisted Dying) Bill is ill-conceived and sadly, in my view, has a perverse effect, delivering a less caring, less compassionate and less loving society. The bill attempts to establish a legislative and administrative framework for Tasmanians to commit suicide with the assistance from the medical profession.” — Guy Barnett.

“We have reached what is called the 38-degree moment. It is the tipping point; 38 degrees is the critical angle at which snowflakes come together to form an avalanche, the breaking of a wave. I believe we have reached the 38-degree moment in this debate. The momentum for change around voluntary assisted dying end-of-life choices has built into an avalanche of hope and compassion.” — David O’Byrne.

“Voluntary assisted dying’s potential consequences most impact the poor, the marginalised, and the lonely who would suffer from the neglect of proper end of life care and services that could follow from voluntary assisted dying becoming the norm and who do not have the means or the connections to access alternatives.” — Elise Archer.

“Please pass this bill. Pass it because it is good legislation, pass it because the intent is overwhelmingly supported by our constituents, pass it for families who have suffered and grieved today, pass it for people who are in pain – and mostly pass it because we should not be accepting that ending life in misery and agony is better than helping people for whom death is inevitable to leave his life in the best possible way.” — Michelle O’Byrne.

“I am reluctant to support this bill at this time, knowing as I do with my lawyer’s seasoned hat on, that it will require amendments and that the review inquiry will identify those amendments. I have confidence that that will come forward but we have not yet seen those elicited, so I will not be supporting the bill at this time.” — Madeleine Ogilvie.

david.killick@news.com.au