Debate over assisted dying reforms reopens old Labor wounds

Victorian Labor MPs are preparing to move amendments to their party’s proposed assisted dying reforms, as parliamentarians brace for fiery debate to stretch into the early hours this week.

Lower house MPs have been warned they could sit as late as 3am to debate changes to the state’s historic laws that would allow doctors to initiate conversations about voluntary assisted dying and to extend access to patients with 12 months to live.

Labor and the Coalition have granted MPs a conscience vote on the bill, meaning votes will split outside party lines.

Emotional and sometimes rancorous debate went for more than 24 hours in 2017 when Victoria became the first Australian jurisdiction to legislate assisted dying.

Labor-turned-crossbench MP Will Fowles and the Greens will both circulate amendments proposing to take the change further.

Multiple Labor MPs, including those who oppose assisted dying, were considering their own amendments.

In 2017, then-deputy premier James Merlino moved an amendment to block the historic reform.

This would be a particular risk to the government in the upper house, where Labor does not have a majority.

MPs have been in negotiations with people from across the aisle.

Government sources, unable to speak publicly, were confident they had the numbers despite the conscience vote allowing its vote to splinter.

But Coalition MPs, speaking anonymously to be frank about internal issues, did not expect many of their colleagues to cross the floor to support the government bill in the upper house.

When caucus last met a fortnight ago, Minister for Children and Disability Lizzie Blandthorn insisted that party rules on conscience votes allowed MPs to vote freely on procedural matters, six sources unable to speak publicly about internal matters said. Procedural votes could consider whether to allow debate past midnight or whether to adjourn, for example.

Premier Jacinta Allan and Health Minister Mary-Anne Thomas told the party room that conscience votes would not extend to procedural issues, the sources said.

Blandthorn leads the Catholic-influenced SDA subfaction, which has three MPs in the upper house. The sources said Blandthorn, the deputy leader of the government in the upper house, had argued at that meeting that the government proposal would diminish safeguards for vulnerable Victorians.

At least one distressed MP walked out of the meeting because of their personal experiences.

Labor MPs are due to meet again on Tuesday morning.

As the first Australian state to legalise assisted dying, Victoria’s framework now has more onerous restrictions than those of other jurisdictions that followed.

Fowles, who sits as an independent after being forced out of the parliamentary Labor Party in 2023, is moving amendments that he hopes will be embraced by the Greens and left-wing Labor MPs.

He wants to remove waiting periods between prognoses and applying for voluntary assisted dying and to allow people with neurodegenerative conditions to make a pre-emptive application.

Fowles also wanted to compel hospitals, hospices and aged care facilities to protect patients’ right to choose, even if they are religious institutions.

He supported the government’s bill but said there was room for improvement in line with other jurisdictions.

“No hospital or aged care provider should be able to stand in the way of a lawful choice,” he said. “This reform ensures patient rights come before institutional interests.”

The Greens support the bill but are also pushing their own amendments. They want to remove the restriction requiring one of two doctors assessing someone’s eligibility to be a specialist in that patient’s illness, arguing this has been a barrier in the regions.

Dr Sarah Mansfield, the Greens spokeswoman for health, said this would be a commonsense change already in place in other states.

“As more people become eligible under these reforms, we’ll also need to ensure there are enough trained providers to meet demand so no one is left without support at the end of life,” Mansfield said.

The bill is expected to pass the lower house easily because of Labor’s significant majority and support from the Greens and some Coalition MPs.

But there is less certainty about how votes will fall in the upper house.

MPs whose electorates or regions have significant faith communities have also been under pressure.

In April, religious leaders from Victoria’s Christian, Muslim, Hindu and Sikh communities called on the Allan government to abandon its changes.

This month, a joint letter from Catholic leaders – including Catholic Archbishop of Melbourne Peter Comensoli and Cardinal Mykola Bychok – urged Victorians to write to their local MPs to oppose the changes.

“Instead of attempting to expand euthanasia and assisted suicide, we urge Members of Parliament to continue expanding access to good palliative care to all Victorians, particularly for those in the regions,” they wrote.

A Victorian government spokeswoman said the proposed changes do not go further than other Australian jurisdictions and would make the law more equitable and compassionate.

“Under our government, Victoria was the first in Australia to introduce voluntary assisted dying – since then all other states and the ACT have followed suit, and, in many cases, improved the service,” she said.

“Now we’re bringing Victoria into line with these other states where they have been operating safely and effectively for several years.”

Get the day’s breaking news, entertainment ideas and a long read to enjoy. Sign up to receive our Evening Edition newsletter.