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House of Assembly Tuesday 10 November 2020

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House of Assembly Tuesday 10 November 2020 PARLIAMENT OF TASMANIA HOUSE OF ASSEMBLY REPORT OF DEBATES Tuesday 10 November 2020 REVISED EDITION Tuesday 10 November 2020 The Speaker, Ms Hickey, took the Chair at 10 a.m., acknowledged the Traditional People and read Prayers. STATEMENT BY PREMIER End of Life Choices (Voluntary Assisted Dying) Bill - Proposed Legislation [10.02 a.m.] Mr GUTWEIN (Bass - Premier) - Madam Speaker, the issue of whether to give terminally ill people the legal right to end their life - and under what circumstances - should be handled with the utmost care and compassion. The member for Mersey, Mike Gaffney's private member's bill, End of Life Choices (Voluntary Assisted Dying), will have its third reading today in the upper House. Without reflecting on that process, should it pass a third reading today it will arrive in this place this week - possibly later today. The responsibility for this legislation passing into law will rest with this House, and that is a responsibility that places considerable weight on all members in this place. Should this legislation become law, it is incumbent on all of us to ensure it is the best law possible and affords real protections for the most vulnerable in our community. I have given this matter considerable thought, and have spoken in recent days with the Leaders of the two Opposition parties and also with the Independent member for Clark about the approach I will outline to the House this morning. I have also spoken this morning with Mr Gaffney and outlined the Government's approach to debate on this bill. It is our intention that the legislation will be brought on for debate this year at the end of the Budget session, and the House will proceed with the second reading debate on 3 December. To provide an opportunity for all members to contribute and express their intent on the legislation, the second reading debate will occur before parliament rises this year and the parliament will sit an additional day on Friday 4 December to enable that to occur. Should the bill pass its second reading in the lower House, and to ensure sufficient time is provided through the Committee stage, with the agreement of this House the bill will become the first order of business for this House when parliament resumes in late February or early March next year. In the intervening period, so that all members can be fully informed on the bill, which has had a number of amendments in the other place, Government agencies will be tasked with providing advice on the implementation of the bill - not the policy intent. This information will be provided to all members prior to the committee stage. Just as other jurisdictions have utilised independent processes to ensure such legislation is the most robust it can be, I have requested the University of Tasmania to establish an independent review panel to consider the amended legislation, and provide their views on how the legislation compares to similar laws in other states and around the world, focusing on the protections in place for the most vulnerable in our society. I have also requested UTAS to provide a view from the review panel in terms of end of life considerations such as palliative Tuesday 10 November 2020 1 care and advance care directives related to our current framework, and what other steps could be considered prior to the legislation taking effect should it pass this place. The UTAS process will remain independent of Government. However, I have requested that the review panel include experts in law, health and the social sciences and related fields. I anticipate the review panel will provide its findings for all members of parliament in late February next year. It is the Government's intention that the Committee stage of the bill will commence shortly thereafter as the first order of business upon the resumption of parliament, subject to the agreement of this House. It will be up to UTAS to manage its own processes. However, I also expect that, since the bill was amended during its passage in the upper House, key stakeholders should be able to make submissions to that process now the legislation is being presented in its final form to this House. It is not the Government's intention to delay implementation of the legislation by postponing it to the Committee stage to early next year. As members would be aware, the upper House amended this bill to extend the time for implementation of the legislation from 12 months to 18 months. It is my intention that, should the bill pass its second reading in this place early next month, an amendment to the bill be moved that the effective start date for the 18-month period be the passing of the bill through the second reading, should that occur. It is the Government's intention to ensure that if this bill passes that Tasmania will have the most robust laws possible. I hope that the steps outlined today will provide all members with the opportunity for a more informed and considered debate on this significant and complex issue. Liberal members, as previously announced, will be afforded a conscience vote on the legislation. I urge all members of the House to take a respectful approach to all views that will be shared through this important debate. [10.06 a.m.] Ms WHITE (Lyons - Leader of the Opposition) - Madam Speaker, I acknowledge and thank everyone who has contributed to the debate on this matter so far. Overwhelmingly, it has been respectful and thoughtful. I particularly recognise the work of Mike Gaffney and members in the other place for their efforts to debate the bill. The topic of voluntary assisted dying is intensely personal, and I pay tribute to everyone who has shared their own story and made time to contact MPs to convey their views on this bill. I am disappointed, and the Labor Party is disappointed, that we will not be able to finalise this bill and pass it this year. It was our hope and expectation that we would be able to. I appreciate and thank the Premier for the call that he made late yesterday to update me on the announcement that he has now publicly made. Having discussed the matters with my colleagues this morning, we are of the view that the delay in finalising this bill will cause unnecessary hurt and confusion for those across our community who are desperate to see laws passed. I apologise to them that the parliament will not be able to finalise voluntary assisted dying laws this year. Tuesday 10 November 2020 2 To Jac, Nat and to countless others who have been at the forefront of this campaign, I am sorry there will be no final outcome this year. However, these laws will pass because the time has come for us to respect the wishes of people to make their own choice about how they end their life with dignity and in peace. [10.07 a.m.] Ms O'CONNOR (Clark - Leader of the Greens) - Madam Speaker, I acknowledge that the Premier has put a lot of thought into how the House will deal with this complex but necessary legislative reform, and I appreciate the conversation we have had. I share the frustration and the sadness of those many Tasmanians who have been advocating for this reform for such a long time. There are many in this House who would prefer that the legislation was debated and passed this year, but we understand that is not possible. I also apologise to all those people who have worked so hard, including Jack and Nat and Mike Gaffney, that the passage of this bill will be delayed. This is a necessary and compassionate reform to our legal system. For those members who watched the upper House debate, we recognise that members of the upper House applied themselves to this debate with great thought and care, and went through the legislation rigorously and made a series of amendments - only a small handful of which are substantive in regard to the effect they will have on the bill's implementation. When we see the amended bill, either later today or this week, members of the House of Assembly will have an opportunity, for the first time, to see the amended bill as a whole. We will then have the best part of a month to five weeks to go through that legislation while we are doing the rest of our work, and to make sure that when we come back in here to debate the second reading speech, we are ready and that we put the people of Tasmania first in our contributions. I believe that the legislation will pass. I believe it will be a new day in Tasmania. Victoria and Western Australia already have voluntary assisted dying schemes in place. Queensland is moving down this path. Increasingly, people recognise that this is a necessary reform and that it comes from a place of deep, deep compassion and respect for human dignity and autonomy. Dr Woodruff and I look forward to this debate and to casting our votes for a safe legal framework for voluntary assisted dying in Tasmania. [10.10 a.m.] Ms OGILVIE (Clark) - Madam Speaker, I thank the Premier, as I believe he has chosen a very pragmatic way forward. This is an issue of the deepest importance to many people in this Chamber. I, too, would like to express my view that the Legislative Council has done a power of work. I suspect the community mood has been exemplified during that debate.
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