The Victorian premier, Daniel Andrews, has urged his fellow parliamentarians to support assisted dying legislation that has been almost three years in the making, recounting stories of harrowing deaths that he said could have been prevented through voluntary assisted dying laws.
But the deputy premier, James Merlino, told the legislative assembly on Tuesday that the bill was proposing “state-sanctioned suicide”, saying that the 68 safeguards to be enshrined in the legislation only meant there were “68 things that could go wrong”.
Andrews told the parliament that Victoria already had assisted dying in place, and that introducing laws would create transparency and regulation around a practice already occurring.
“But we have it hidden,” he said. “Decisions are made each day on the hospital floor about who lives and who dies. That is a fact. This may be through withdrawal of treatment, sedation or intensified pain alleviation even if this might cause death.”
Who can apply?
- Victorian adults, with a progressive, advanced terminal illness and 12 months or less to live
- Suffering must be deemed 'intolerable'
- They must be of sound mind
How will it work?
- Patients must make three, clear requests
- They will be assessed by two experienced doctors
- Those approved will be granted permits for lethal medications, which must be self-administered
- A permit will be granted for doctors to administer medication only in cases where the patient physically cannot
- Doctors do not have to be present when patients administer the medication
- The process to apply and receive medication cannot take less than nine days
- The Department of Health and Human Services will approve applications
- An assisted dying review board will oversee each step of the process
What are the penalties?
- Potential life imprisonment for a breach of the self-administration permit
- Five years' jail and substantial fines for inducing someone to request the scheme
- Doctors who suggest the assisted dying scheme to patients face a professional misconduct investigation
Source: Victorian government
He added that the state coroner had found more than 50 people took their own lives each year in Victoria due to intolerable pain and suffering caused by disease. These included a man who had undergone 22 cycles of treatment for terminal cancer and who was found above a major freeway, hanging from a bridge, and a 90-year-old man who rapidly deteriorated when cancer spread to his brain.
“The coroner said he died ultimately from the injuries he sustained from a nail gun,” Andrews said. “I am not prepared to read aloud the other methods people have used.”
But Merlino contradicted the premier, saying he wanted the passage of the bill stopped until inequalities in palliative care had been addressed. He was concerned by uncertainties about the substances to be used in a lethal medication and possible side effects and risks, and said there was not enough in the legislation to protect against “doctor shopping”.
He added that the laws would lead to a slippery slope where others would demand the right to die, and that he was worried victims of family violence and elder abuse might be coerced into asking for voluntary assisted dying.
“If you say one group of people can be euthanised or assisted to commit suicide, on what basis do you deny other people if this person has a right to die?” he said. “Why not those with a disability, why not children, why not the frail and elderly, why not those suffering from extreme loneliness or despair, why not those who are simply tired of living?
“This is the line that parliament is considering crossing – state-sanctioned suicide.”
Ahead of the debate on Tuesday, the leader of the House, Jacinta Allan, told politicians to expect an emotionally harrowing debate that was likely to run late into Tuesday night and continue into Friday. Support including counselling would be on hand, she said, and MPs can speak beyond the allotted 10 minutes for up to 15 minutes due to the significance of the debate.
This is not a private members bill, as in many attempts to pass similar legislation in other parts of Australia, but a law with government backing. Politicians will be given a conscience vote. More than 60 safeguards are built into the legislation, making it the most conservative in the world, Andrews said.
“This legislation isn’t a reflection on palliative care,” Andrews told the lower house. “Not all suffering can be alleviated. [Palliative care] should always be the first option but it shouldn’t have to be the only option.
“Once you’ve seen someone you love succumb feebly and painfully in what some would describe as a good death you start to think what on earth must qualify as a bad death. This legislation is safe, the most conservative model ever proposed or implemented anywhere in the world. Its safeguards are clear.
“This process is safe. It is ready to become law.”
But the Nationals leader, Peter Walsh, said it was “intriguing” that Merlino and Andrews were at odds over the issue and that gave him cause for concern. Like Merlino he said he would not be supporting the bill.
“Obviously, he [the deputy premier] doesn’t believe there is the right medications in place to do this, doesn’t believe the risks have been mitigated by all the checks and balances put in place,” Walsh said.
By 5pm on Tuesday, four of the 87 MPs in the Legislative Assembly who had spoken said they would vote against the bill, three said they would vote yes, and one, Nationals MP Emma Kealy, said she was was undecided. Some were in tears as they shared stories of seeing loved ones die in pain.
The debate continues.
