Qld pro-choice bill faces set-back

Pro-choice activists in Queensland have expressed disappointment at the release of a parliamentary report on August 26^th that failed to support the bill before Qld parliament to decriminalise abortion.

In a public statement, advocacy group Pro Choice Queensland said, “the bi-partisan Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee’s report into abortion law reform concludes reform is needed, but is unfortunately indecisive about what that reform should be.”

The bill was introduced into parliament in May this year by independent MP for the Qld seat of Cairns, Rob Pyne. It was referred to a parliamentary health committee to consider.

After reviewing over 1400 submissions and hearing over 31 hours of evidence and perspectives, the committee compiled a comprehensive report on current abortion law in Qld, laws in other Australian jurisdictions, regulation of abortion by medical professional bodies and the Qld health department, and relevant international human rights law. It describes current abortion practice in Qld, community attitudes towards abortion, approaches to reducing the need for abortion, the health effects of abortion, abortion and young people, counselling, conscientious objection to providing abortion, and other issues.

Key findings of the report include that the current law, which makes abortion a criminal offence except in the case of serious medical or psychological risk to the woman, is out of step with current medical practice in Queensland. It points out that there is majority support for abortion to be readily available to women who seek it, although that support declines with advancing pregnancy duration. The report found that decriminalising abortion would bring Qld into line with Australia's international treaty obligations regarding the rights of women and children. The report described the existing codes of medical conduct that both affirm the right of conscientious refusal to participate in abortion, while balancing it with the duty to ensure that that refusal doesn't interfere with patients' right to care by practitioners who don't have such objections. It also outlined existing codes of conduct and guidelines for performance of abortion late in pregnancy.

It outlined a number of possible approaches to the law, not arguing in favour of any of them directly, but merely against the adoption of the decriminalisation bill.

It seems that they lost their nerve at the point where it mattered.

In summarising their objections to the bill, the committee highlighted community concerns about the need to regulate late gestation abortion, even though acknowledging the existence of existing regulations, parallel to the current law. They also referred to concerns about protecting conscientious objectors. In light of existing regulations and codes, they don't stack up as reasons to maintain the existing criminal status of abortion.

“These regulations would not suddenly disappear because abortion was no longer a crime. Medicine, and particularly abortion, is heavily regulated by Health and Hospital Service Boards, professional standards and clinical guidelines, licensing, and medical insurers to name a few. Doctors need clarity, and we have been waiting too long for someone in Parliament to do something about it,” says Dr Caroline de Costa, Professor of Obstetrics and Gynaecology of the College of Medicine at James Cook University.

The report argues that decriminalisation alone would do nothing to improve access to abortion for children considered unable to provide consent for themselves (whose parents are not allowed to provide consent – not because of the criminal law, but other case law), and that it would leave the issue of protests outside services where abortion are offered unaddressed. These are important, and should be addressed. But without providing a clear way forward, these don't seem so much reasons not to pass the bill before parliament as reasons to support any additional legislation that may be put forward to address them – now, or at any time.

The bipartisan report's recommendation against the bill's passage makes it less likely to be passed at this time, however, an additional bill, which addresses some of the concerns about gestation raised by the committee – including gestational limits, safe access zones around abortion facilities and conscientious objection – was introduced by Pyne on August 17 and is yet to be considered by the committee.

Regardless, pro-choice activists are planning on continuing their campaign to ensure women in Qld have equitable access to legal abortion.

Published at Green Left Weekly, Sept 1, 2016