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This was published 6 years ago

NSW Parliament LIVE: MPs debate bill to decriminalise abortion

Lisa Visentin
Updated ,first published

That's a wrap for tonight - we'll be back tomorrow

By Lisa VIsentin

We're calling time on the blog for tonight, but rest assured the Herald will continue to bring you plenty of commentary on this issue tomorrow - both online and in print.

As for the politicians, they still have a few hours ahead of them. The House is still sitting, and MPs will likely continue rising to speak on the bill until late tonight. 

As many as 50 MPs are keen to put their views on the record, so buckle in, this debate has a looong way to go yet. At this stage we may not see a vote until Thursday.

I leave you with this piece penned by a woman who details her agonising decision to undergo a late term abortion.

She requested the Herald keep her name anonymous, but she says she "was pro-choice both before the event and pro-choice after it.

"It was the most horrible choice I have ever been confronted with, but at least I had the choice."

Abortion bill to be investigated by NSW Upper House inquiry

By Alexandra Smith

Meanwhile, the Legislative Council has voted to hold a very short inquiry into the bill next week, with a report due by August 20. The social issues committee, chaired by Liberal MLC Shayne Mallard, will do the inquiry.

Christian Democrat MLC Fred Nile, a vocal opponent of abortion, moved that the committee, which he is on, be given until November to report back but his motion was defeated.

Greens MP Jenny Leong: 'If you don't like abortions, don't have an abortion'

By

Newtown MP Jenny Leong, one of three Greens MPs in the Legislative Assembly, began her comments on the bill by referencing the Greens' attempt two years ago to decriminalise abortion.

Watching on from the public gallery is Mehreen Faruqi, now a NSW Senator, who introduced the first, and ultimately unsuccessful, bill to decriminalise abortion into the NSW Upper House in 2017.

Newtown MP Jenny Leong says the Greens NSW are "100 per cent pro-choice". Janie Barrett

"The Greens NSW are 100 per cent pro-choice," Ms Leong said.

Drawing on her personal experience, Ms Leong said "the sound of men" arguing over women's reproductive choices "hurts my ears".

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And we're back - debate resumes on abortion bill

By Lisa Visentin

Debate has resumed, with Riverstone MP Kevin Conolly granted his request for 30 minutes to speak against it.

He is the first MP to oppose the bill in the chamber. 

Mr Conolly begins by saying he is speaking "on behalf of unborn children" and says "this very significant bill was introduced to this house with minimum possible notice."

He quotes Article 6 from the International Covenant of Civil and Political Rights, which states: "Every human being has the inherent right to life."

Riverstone MP Kevin Conolly, a Liberal MP, was the first member to speak against the bill to decriminalise abortion.NSW Parliament

When will we see a vote?

By Lisa Visentin

In short: it's unclear. But we may be waiting as long as Thursday before we reach a final vote.

Today's debate will likely continue well into the evening, before picking up again tomorrow. A vote will only take place after all MPs who wish to speak on the bill have done so.

Then, providing a majority of MPs vote in favour of the bill, a raft of amendments will be debated. This could take a substantial amount of time, depending on the number of amendments proposed. Once its finished, a final vote will be taken. 

Technically, the magic number is 47.

That is the majority of votes needed for the bill to pass given there are 93 members in the Legislative Assembly. But, in reality, the vote count depends on the number of MPs in the chamber at the time of the vote. So this number could change if, for example, some MPs are absent for the vote. 

Late-term abortion and the 22-week threshold

By Lisa Visentin

Question Time is now underway in the Legislative Assembly, and MPs have turned their attention to bread and butter state issues - think transport, education, health. 

In the mean time, let's look at the issue of late-term abortion.

It's always the most contentious aspect on this issue, and MPs in both camps (that is, those for and against the bill) expect a lot of the debate to centre around the 22 weeks threshold. 

Health Minister Brad Hazzard touched on this in his speech earlier. He acknowledged the issue was causing a lot of "soul searching and genuine anguish" among some of his colleagues.

But he defended the 22 weeks' threshold, saying it was is in line with the recommendations of the Queensland Law Reform report, reached after "lengthy review and extensive consultation".

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What's the deal with the 'abortion up until birth' claim?

By Lisa Visentin

Some opponents of the bill, including Treasurer Dominic Perrottet and Finance Minister Damien Tudehope, have claimed it will legalise unrestricted abortion up until birth.

Specifically, Mr Tudehope has argued the bill allows "unrestricted abortion until the moment of birth". Treasurer Dominic Perrottet said on Sunday it would allow "late-term abortions right up to birth without any real restrictions".

Anti-abortion campaigners protesting outside NSW Parliament on Tuesday.Louise Kennerley

These claims have been strongly refuted by legal experts, as the Herald's Legal Affairs reporter Michaela Whitbourn reported this week.

For example, the former NSW Director of Public Prosecutions, Nicholas Cowdery, said it was "totally false" and "alarmist" to suggest the bill allowed unrestricted abortions up until birth.

It's worth reading the full article, which does an excellent job of laying out the legal parameters of the bill and how it compares with the current law around abortion.

Liberal MP's request for extra time to speak against the bill rejected

By Lisa Visentin

Kevin Conolly, Liberal MP for Riverstone, will be the first member to speak against the bill. 

However, his request for 30 minutes speaking time to put the case of opposition - a move that would require standing orders to be suspended - has been rejected. 

After a quick procedural debate, Speaker Jonathan O'Dea ruled that Mr Conolly, as a backbencher, had to seek permission from the chamber to suspend standing orders.

Some MPs refused the request, which means the House is now officially on a lunch break.

Mr Conolly will be the first cab off the rank, so to speak, when debate resumes after Question Time (around 3:15pm).

Labor MP Yasmin Catley says 'it's time' for the law to change

By Lisa Visentin

Labor's deputy leader Yasmin Catley is now on her feet speaking in support of the bill.

She is the first opposition member to speak on the bill (not shadow minister for women Trish Doyle, as we initially reported).

Ms Catley calls it an "historic bill", and says the current law in the Crimes Act is "out of step with public perception and expectations".

Labor's deputy leader Yasmin Catley speaking in favour of the abortion decriminalisation bill in the NSW Legislative Assembly. NSW Parliament

"It is time women's reproductive health care was treated as a health matter and not a criminal one," she says.

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Health Minister Brad Hazzard says MPs must 'right the wrong' of an outdated law

By Lisa Visentin

Health Minister Brad Hazzard is now on his feet in the chamber, speaking in favour of the bill. 

He says Parliament must "right the wrong" of a "law that was enacted when this place had legislators who were all men."

He notes NSW is the last jurisdiction in Australia to move to decriminalise abortion.

Health Minister Brad Hazzard has called on NSW Parliament to "right a wrong" on an outdated law.James Alcock

"I strongly believe women in NSW are entitled to same legal provision across Australia when it comes to terminations being dealt with as a medical health care practice," Mr Hazzard said. 

"No other state or territory in Australia has its abortion primary framework in the criminal law.

"I ask all honourable members to consider whether it is acceptable, whether it's conscionable, that in making this major life decision women and their doctors have to do so with the threat of being charged with a criminal offence that could lead to jail for up to 10 years." 

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