Debate On QLD Private Member’s Abortion Bills Intensifies As Committee Split On Report
Tuesday 21 February 2017 @ 11.23 a.m. | Legal Research
A Queensland Parliamentary Committee has split on whether or not a controversial Private Member’s Bill to reform abortion law should be passed. The Health, Communities, Disability Services and Domestic and Family Violence Committee reported back to the Queensland Parliament on 17 February 2017, but they were “not able to reach agreement on whether or not the Bill should be passed.” The Bill in question is the Health (Abortion Law Reform) Amendment Bill 2016, which was initially introduced into Queensland Parliament in August 2016. The Bill is the second relating to abortion introduced by the independent Member for Cairns, Rob Pyne.
The First Bill
Mr Pyne introduced the first bill, the Abortion Law Reform (Woman’s Right to Choose) Amendment Bill 2016 in May 2016. The Bill would decriminalise abortion by removing sections 224, 225 and 226 from Queensland’s Criminal Code Act 1899. A report on the Bill from the Health, Communities, Disability Services and Domestic and Family Violence Committee was tabled in August 2016, and recommended the Bill not be passed.
The Second Bill
Before the Committee had finalised its report on the decriminalisation bill, Mr Pyne introduced his second bill, the Health (Abortion Law Reform) Amendment Bill 2016. This Bill aims to “improve clarity for health professionals and patients in the area of medical termination of pregnancy.” The Bill would add a number of provisions to the Health Act 1937 that prescribe who may perform abortions, when they may be performed, and when medical professionals can refuse to perform abortions. The Bill would also prevent “prohibited behaviour” in an area around an abortion facility, including:
“harassment, hindering, intimidation, interference with, threatening or obstruction of a person, including by capturing images of the person, intended to stop the person from entering the facility; or having or performing an abortion in the facility; or an act that can be seen or heard by a person in the protected period for the facility, and intended to stop a person from entering the facility.”
The Committee Report
The Committee was unable to reach agreement on whether to recommend the second Bill should be passed. The Committee reported that they received over 1,200 submissions to the second inquiry, and 2,600 submissions across both the inquries. Chair of the Committee Leanne Linard wrote:
“any public discourse regarding abortion law can be expected to attract a high level of interest. Community opinions about abortion are divergent, and often based on deeply held values. The committee has carefully considered the views put to it in submissions and public hearings. The committee has sought at all times to be respectful of the range of opinions presented to it.”
Next Steps
Mr Pyne told the Brisbane Times that the report “makes it free for members to vote with their conscience” saying he was happy to have amendments moved if people disagreed on details, but urged member of Parliament not to “just vote no as a cop out because you haven’t got the courage to move an amendment or to participate in debating this unique opportunity”.
Queensland Premier Annastacia Palaszczuk told the Brisbane Times that she believed that abortion should not be in the Criminal Code, but said she had “some concerns about the second bill” and acknowledged that the issue was “very sensitive, very emotional, very complex”.
According to the Brisbane Times, both bills are due to debated together on 1 March 2017. Labor will allow its member a conscience vote on both the bills. The LNP will allow a conscience vote on the first bill, but will consider the committee report on the second bill before deciding whether to have a conscience vote on the second bill.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Abortion Law Reform (Woman’s Right to Choose) Amendment Bill 2016 (Qld), Explanatory Note, Explanatory Speech and Committee Report - available from TimeBase's LawOne service
Health (Abortion Law Reform) Amendment Bill 2016 (Qld), Explanatory Note, Explanatory Speech and Committee Report - available from TimeBase's LawOne service
