X-Message-Number: 6993
Date: Sat, 28 Sep 1996 06:29:21 -0700
From: David Brandt-Erichsen <>
Subject: Australia update
from THE AGE, Melbourne (Sept 28)
LEADERS REJECT MERCY CHANGE
By SHANE GREEN, INNES WILLOX
State and territory leaders have increased pressure on federal MPs
to vote down the Andrews anti-euthanasia bill, unanimously
rejecting the move at a meeting in Melbourne yesterday.
The meeting, only five days after a Darwin man became the first
person to die under the Northern Territory's euthanasia laws,
decided to throw political support behind the fight to stop
Canberra overriding its ground-breaking legislation.
The decision was an important boost for the territory's Chief
Minister, Mr Shane Stone, who went to the meeting seeking support
for the legislation.
While the premiers and chief ministers did not debate the issue of
voluntary euthanasia or express a view on it, they made their
decision based on the moral right of the Northern Territory
Parliament to make its own laws.
The Northern Territory Government hopes yesterday's decision will
sway votes against the bill introduced by the Victorian Liberal
backbencher Mr Kevin Andrews to override the euthanasia law. But
the decision by the states and territories carries only a moral
authority.
Speaking after the decision, Mr Stone said he thought the strongly
worded communique would be persuasive. "This unanimous position
reflects all shades of politics around Australia."
Mr Stone said he believed the Andrews bill had strong support in
the House of Representatives, but it was "more line-ball" in the
Senate.
"What all members of the House of Representatives and the Senate
should be weighing very carefully is the fact all state and
territory leaders have come to a unanimous view that where a
territory or state parliament has enacted legislation that is
within its power . . . that should be respected."
Mr Stone said he doubted that the Prime Minister, Mr John Howard,
would back away from his support for the bill. "But I would hope
that he would be mindful of what's occurred here today."
It became clear before yesterday's meeting that Mr Stone enjoyed
strong support for his stand. The Victorian Premier, Mr Jeff
Kennett, on Thursday described the Andrews bill as "absolutely
immoral and an appalling attempt to interfere with individual
rights".
Before the meeting began, other state leaders spoke out in support
of the Northern Territory. The Western Australian Premier, Mr
Richard Court, said his state had no intention of following the
Northern Territory, but defended the right of the territory to make
the laws.
The New South Wales Premier, Mr Bob Carr, said he would not want
the Commonwealth to be in a position where it could overrun a valid
law on any matter.
The Right to Life group turned on Mr Kennett yesterday over his
support for the Northern Territory laws. The group's head, Mrs
Margaret Tighe, said the Victorian Liberal Party should start
looking for a new leader.
She said Mr Kennett may have served a useful role in the state's
economic recovery, but was definitely past his use-by date on the
issue of the dignity of human life.
Last night, Mr Andrews dismissed the opposition of the state and
territory leaders. "On almost every issue, the states and
territories tell the Commonwealth to keep out. My bill reflects the
state of the law throughout Australia, with the notable exception
of the Northern Territory."
The House of Representatives is expected late next month to debate
Mr Andrews' private member's bill that would override the Northern
Territory legislation. Both major parties have said their MPs will
be allowed a conscience vote.
---------------------------------------------------
from the SYDNEY MORNING HERALD
(September 28, 1996)
STATES LINE UP BEHIND NT ON MERCY KILLING
By MICHAEL MILLETT, Political Correspondent
The euthanasia debate has broadened into a major battle over
States' rights with all State and Territory leaders bluntly
warning Federal MPs not to interfere with the Northern Territory's
right-to-die legislation.
A communique issued by the leaders at their forum in Melbourne
yesterday expresses unanimous opposition to cross-party attempts
in Federal Parliament to pass a bill which would overturn the NT
Rights of the Terminally Ill Act.
Mr Bob Dent, who had prostate cancer, became the first person in
the world to die under euthanasia legislation when he used a
computer-operated machine to inject himself with lethal drugs in
Darwin last Sunday.
The NT Chief Minister, Mr Shane Stone, said that yesterday's
meeting had endorsed the view that the private member's bill was
an intrusion into the the Territory's jurisdiction, breaching a
long held convention.
The leaders will now apply pressure to Federal MPs and senators in
the lead-up to next month's euthanasia debate.
But they are unlikely to alter the views of the Prime Minister, Mr
Howard, or the Opposition Leader, Mr Beazley. Both have indicated
strong support for the bill drafted by Liberal backbencher Mr
Kevin Andrews, rejecting the claim that States' rights arguments
are paramount.
A spokesman said last night that Mr Howard rejected the States'
claims of a Federal agenda, saying both parties had agreed to a
conscience vote and that the bill had originated with a
backbencher, not the Government.
Mr Andrews was availing himself of the Commonwealth's power under
the Constitution to override Territory legislation.
"There is nothing unreal, intimidatory or strange in a member of
the Commonwealth Parliament using this piece of legislation," the
spokesman said.
The Andrews bill, due to be debated in the House on October 28,
appears certain at this stage to gain sufficient support in the
House, but its fate in the Senate is uncertain.
Speaking after the meeting, Mr Stone conceded that Mr Howard was
not likely to "back away". He rejected the option of court
challenges, acknowledging that the Commonwealth had a clear right
under the Constitution to strike down legislation passed by a
Territory parliament.
"What all members of the House of Representatives and the Senate
should be weighing very carefully is the fact all State and
Territory leaders have come to the view that where a Territory or
State parliament has enacted legislation within power, that should
be respected.
The Victorian Premier, Mr Kennett, who hosted the meeting, is
understood to have lobbied heavily for the communique wording. Mr
Kennett is a strong proponent of the NT legislation, having
described Mr Andrews's tactics as "an insult to humanity" and
"absolutely immoral".
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