Page 2568 - Week 09 - Wednesday, 24 August 1994

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I am not trying to increase the number of abortions done in Canberra. As I said at the beginning of this speech, I believe that abortion should be safe, legal, accessible and rare; and my record as Health Minister demonstrates this belief. I increased the funding for counselling, demonstrating my commitment to ensure that women have access to counselling. I do not believe that women will try to use abortion as a means of contraception. To suggest this is to misunderstand what a difficult decision it is to make. I know that health care providers will certainly work against it.

Madam Speaker, the fact remains that you cannot legislate for morals. To do so, in my view, would lead to flawed legislation. The issue in this Bill and the issue on which we all have to focus is the decriminalisation of abortion. The choice for this house is whether or not archaic laws which provide for up to 10 years in gaol for a woman and her doctor should remain in place.

Many would simply wish that the issue were not debated. May I say to you that for too long many have been saying that this issue should not be debated. May I also say, with some regret, that throughout the years it has been mostly men who have said that it should not be debated. A grave responsibility falls on the shoulders of men, male legislators, for failing to do their duty in the past. Wishing that the issue would go away will not help. It will not go away while ever sections 42, 43 and 44 of the Crimes Act stand.

We as legislators have to accept that it is our responsibility to make law and not to condone its breach. But, as I have mentioned, it is also our responsibility to ensure that we move in line with community standards. We have to accept the failure of legislatures in the past to address this issue. I do not think we have to be fearful of any groundbreaking moves that this Bill might suggest, although it is groundbreaking in the Australian context. I think it gives us the opportunity as a mature legislature to send a message to the rest of Australia, to the other legislatures, which are dominated by males and have for many years ignored their responsibilities.

A lot has been said about conscience votes. It is well known that the major parties in this house will allow a conscience vote. For me, the issue is clear. It is not my conscience which will decide whether a woman has an abortion; it is the woman's conscience. I seek leave to present the explanatory memorandum.

Leave granted.

MR BERRY: I present the explanatory memorandum to the Bill.

Debate (on motion by Ms Szuty) adjourned.


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