Greens leader Senator Bob Brown announced yesterday that one of the Greens first priorities would be to overturn a ban on the two Territories legislating in favour of euthanasia.
Senator Brown told the Ten Network that this was more about the rights of the Territories than an advocacy of euthanasia. He said of the Howard government’s decision to ban euthanasia in the Territories:
“… was a taking away of the democratic rights of the people of the two territories.
"This won't bring in euthanasia but it will restore the rights of the territorians to be able to legislate for euthanasia the same as everybody in the states."
I support the Territories Rights argument but I don't believe this is the real reason for his Bill. I believe he is pushing the pro-euthanasia agenda. I have no problem with this debate, I just think that Senator Brown should come out and advocate for the position instead of doing shadow boxing saying this is about Territories rights. Although, I am probably being too harsh, because his Bill (previously defeated and set to be re-introduced) is called the Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2008.
But my main question of Senator Brown is what will be the true effect of his Bill.
It was reported today on ABC online that, “Dr Philip Nitschke says even if the Commonwealth changes its stance on right-to-die laws he does not expect the laws to be brought back to life in the Northern Territory.”
It was similarly reported later in the story that the Chief Minister of the Northern Territory, Paul Henderson, is of the same belief. He released a statement saying “that for the Territory's Labor MLAs any vote on a euthanasia bill would be a conscience vote.”
On Sunday the Panel on Insiders discussed the issue and they were all of a similar opinion that this would allow the Territories to re-legislate and authorise Euthanasia.
I hold a different opinion. I believe that if Senator Brown’s Bill is passed it would mean that euthanasia would automatically become legal in the Northern Territory. However, I am not a Constitutional Scholar or Lawyer. But here are my reasons (very simplistically).
- The Northern Territory passed Rights of the Terminally Ill Act 1995 (the Euthanasia Law).
- The Howard Government then amended the Northern Territory (Self-Government) Act 1978 (the Prohibiting Law) and inserted section 50A which reads: (1) Subject to this section the power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
- This amendment basically limits the scope of the Legislative Authority of the Territories.
- As The Euthanasia Law was not repealed it was simply made ineffective by virtue of the law limiting the scope of the Northern Territory’s Legislative Authority. It would therefore come back into force if the Prohibiting Law law is repealed.
- If Senator Brown’s Bill were passed this would be the likely effect and Euthanasia would be legal again in the Northern Territory.
If I am right (which I don't profess to be) Senator Brown isn’t looking for a debate on Euthanasia at all.
He is looking to tell us how the debate ended and who won. Namely him!
UPDATE:
Peter Black, Senior Lecturer in Constitutional Law at the Queensland University of Technology has confirmed my view that if the Euthanasia Law is not repealed and the Prohibiting Law is repealed then the Euthanasia Law becomes enlivened and euthanasia would be legal in the Northern Territory.
The website of the Department of the Chief Minister of the Northern Territory has a list of current legislation. In this list is the Rights of the Terminally Ill Act 1995 which legalises euthanasia. This legislation has a note at the beginning saying, “The Rights of the Terminally Ill Act 1995 has no force or effect as a law of the Territory; see Schedule 1 of the Euthanasia Laws Act 1997 (Cth) (No. 17, 1997)”.
I cannot see any reason why the Euthanasia Law would not be enlivened if the Prohibiting Law is repealed.
yeah, I wonder how long it wil take the Aussies to realize that the "Greens" is just a trademark colour, like blue for Liberals, and Red(appropriately) for Labor, and has nothing to do with concerns over 'green policies' but really leans to the Red, which in the colour spectrum, makes them a 'fraud' as Green is the 'opposite'(negative) of Red:-)
ReplyDeleteBut then there is the only adage "opposites attract" and oddly they(Red n Green) are 'birds of a feather.(well....... so much to the wisdom of some adages, not necessarily true, just like these two)