alison-plumb-phd-thesis-euthanasia-politics

227 Pages·2014·1.56 MB·English

by  Alison Plumb

Euthanasia Politics in the Australian State and Territorial
Parliaments

A thesis submitted for the degree of Doctor of Philosophy of The Australian National
University

Alison Plumb
School of Politics and International Relations
May 2014
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I certify that the thesis I have presented for examination for the PhD degree of the
Australian National University is solely my own work.

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Table of Contents
List of Tables and Figures……………………………………………………………...vii
Acknowledgements……………………………………………………………………...ix
Abstract…………………………………………………………………………………xi

Chapter 1:Introduction………………………….…………………………………….1
The Aims of the Thesis………………………………………………………………….1
Why Study Voluntary Euthanasia?...................................................................................2
End of Life Choices and the Law in Australia…………………………………………12
Definition of Key Terms………………………………………………………………..13
Key Findings and the Structure of the Thesis…………………………………………..16

Chapter 2: Investigating Euthanasia Politics……………………...………………...21
Research on ‘Morality Politics’…....…………………………………………………...21
The Debate Over Voluntary Euthanasia………………………………………………..23
The Political Processes Involved……………………………………………………….27
Research Questions……………………………………………………………………..39
The Original Contribution of the Thesis………………………………………………..41
Methodology………………...………………………………………………………….42
Research Methods………………………………………………………………………46
Conclusion……………………………………………………………………………...52

Chapter 3: Voluntary Euthanasia Law Reform in the Northern Territory………53
The Factors Contributing to Success: Nitschke and Stewart’s Analysis……………….54
End of Life Choices and the Law in the Northern Territory…………………………...56
A Legislative History of the Issue……………………………………………………...56
Explaining the Progress of the Rights of the Terminally Ill Bill 1995………………....59
Conclusion……………………………………………………………………………...75

Chapter 4: Voluntary Euthanasia Law Reform in the ACT……………………….77
End of Life Choices and the Law in the ACT………………………………………….77
A Legislative History of the Issue……………………………………………………...80
Events Leading to the Passage of the Euthanasia Laws Act………..…..……………...90
The Future of Voluntary Euthanasia Law Reform in the Territories…………………..95
Conclusion……………………………………………………………………………..99
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Chapter 5: Voluntary Euthanasia Law Reform in South Australia……………..101
End of Life Choices and the Law in South Australia…………………………………101
A Legislative History of the Issue…………………………………………………….103
Explaining the Fate of Voluntary Euthanasia Bills in the SA Parliament…………….113
The Future of the Issue in the South Australian Parliament…………………………..121
Conclusion…………………………………………………………………………….125

Chapter 6: Voluntary Euthanasia Law Reform in Tasmania……………………127
End of Life Choices and the Law in Tasmania……………………………………….128
A Legislative History of the Issue……………………………………………………129
Explaining the Fate of the Dying with Dignity Bill 2009…………………………….131
The Future of the Issue in Tasmania………………………………………………….141
Conclusion……………………………………………………………………………145

Chapter 7: Comparing the Fate of, and Prospects for, Bills in the Four
Jurisdictions…………………………………………………………………………147
Getting the Issue on the Agenda……………………………………………………..148
Winning a Free Vote…………………………………………………………………150
The Parliamentary Debates…………………………………………………………..153
Other Relevant Factors……………………………………………………………….156
Conclusion……………………………………………………………………………164

Chapter 8: The Political Processes Involved………………………………………167
The Private Members’ Bill Process…………………………………………………..167
Spontaneous Political Group Formation……………………………………………..175
Political Representation……………………………………………………………....178
Conclusion…………………………………………………………………………....186

Conclusion……………………………………………………………………………189
Contribution to research on ‘Morality Politics’……………………………………….189
Explaining the Fate of Bills…………………………………………………………...191
Future Prospects for Reform………………………………………………………….192
The Political Processes Involved……………………………………………………...194
Future Research……………………………………………………………………….197
Bibliography…………………………………………………………………………..201
Appendices……………………………………………………………………………215
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List of Tables and Figures

Tables

Table 1.1. Recent Bills on Conscience Issues the Australian Federal, State & Territorial
Parliaments
Table 1.2. Voluntary Euthanasia Bills in the Australian State and Territorial
Parliaments (1995-Present)
Table 3.1. Voting on the Northern Territory Rights of the Terminally Ill Bill by Party
Table 3.2. Party Voting on the Rights of the Terminally Ill Bill by Ideological Position
and Index of Cohesion
Table 3.3. Party Voting on the Rights of the Terminally Ill Bill by Constituency
Location
Table 3.4. Voting on the Rights of the Terminally Ill Bill by Religion
Table 3.5. Voting on the Rights of the Terminally Ill Bill: MPs representing
Constituencies with Above Average % Aboriginal/Islander Population
Table 3.6. Arguments Used by the Opponents of the Rights of the Terminally Ill Bill
Table 3.7. Arguments used by the Supporters of the Rights of the Terminally Ill Bill
Table 4.1. Party Voting on the Medical Treatment (Amendment) Bill 1995
Table 4.2. Voting Intentions Stated in the Debate on the Medical Treatment
(Amendment) Bill 1997
Table 4.3. Arguments in Opposition to the Medical Treatment (Amendment) Bill 1997
Table 4.4. Arguments used by Supporters of the Medical Treatment (Amendment) Bill
1997
Table 4.5. Attempts to Restore the Northern Territory and ACT’s Legislative Power on
Euthanasia in the Federal Parliament
Table 5.1. Second Reading vote on the 1995 Voluntary Euthanasia Bill in the House of
Assembly
Table 5.2. Second Reading Vote on the 1996 Voluntary Euthanasia Bill in the
Legislative Council
Table 5.3. Voting by Gender on the Voluntary Euthanasia Bill 1996 in the Legislative
Council
Table 5.4. Party Voting on the 2001 Dignity in Dying Bill in the Legislative Council
Table 5.5. Party Voting on the Consent to Medical Treatment and Palliative Care
(Voluntary Euthanasia) Amendment Bill 2008 in the Legislative Council
Table 5.6. Party Voting on the Voluntary Euthanasia Bill 2012 in the House of
Assembly
Table 5.7. Arguments used by Opponents of the Voluntary Euthanasia Bill 1995
Table 5.8. Arguments used by Supporters of the Voluntary Euthanasia Bill 1995
Table 5.9. Opposition to Voluntary Euthanasia Legislation in the Legislative Council
(1996-2004)
Table 5.10. Arguments used by Supporters of the Consent to Medical Treatment (End
of Life Arrangements) Amendment Bill, 2010 in the South Australian Legislative
Council
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Table 5.11. Arguments used by Opponents of the Consent to Medical Treatment (End
of Life Arrangements) Amendment Bill, 2010 in the South Australian Legislative
Council
Table 6.1. Voting on the Dying With Dignity Bill 2009 in the Tasmanian House of
Assembly by Party
Table 6.2. Arguments used by supporters of the Dying with Dignity Bill 2009
Table 6.3. Arguments used by opponents of the Dying with Dignity Bill 2009
Table 6.4 Voting on the Voluntary Assisted Dying Bill 2013 in the Tasmanian House of
Assembly by Party
Table 7.1. The Origin and Sponsorship of Voluntary Euthanasia Bills in the Four
Jurisdictions
Table 7.2. Party Voting in the ALP and Liberal Parties on Voluntary Euthanasia Bills
in the Australian State and Territorial Parliaments
Table 7.3. Intra-Party Cohesion Voting on Voluntary Euthanasia Bills in the Australian
State and Territorial Parliaments
Table 7.4. Arguments used by Opponents of Euthanasia in the Australian State and
Territorial Parliaments
Table 7.5. The Success Rate of Private Members’ Bills in the four Jurisdictions (1994-
2002)
Table 7.6. Religious Affiliation in the Australian States and Territories 1996 (%)
Table 7.7. Religious Affiliation in the Australian States and Territories 2011 (%)
Table 8.1. Private Members’ Legislation Introduced in the South Australian Legislative
Council (1990-2010)

Figures
Figure 8.1. Advert by Operation TIAP ‘3 Rs’, Northern Territory May 1995
Figure 8.2. Operation TIAP ‘Ask your MLA to Represent You’ ad., 2 May 1995,
Northern Territory
Figure 8.3. MLAs Maiden Speech Pledges to Represent their Electorates used at
Operation TIAP Rally

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Acknowledgements

This thesis would not have been possible without the support of a significant number
people.

I would like to express my sincere gratitude to my supervisor, David Marsh. Almost ten
years ago, I arrived at the University of Birmingham as a keen undergraduate student
torn between the decision of whether to study a BA in political science or in sociology.
In the first week, assessing the course outline, I couldn’t believe my luck when I
discovered Dave’s third year course, Political Sociology. Of course, when my third
year came, I signed up for the course straight away. I will always remember the thrill of
learning about fascinating and complex concepts relating to ‘ontology’ and
‘epistemology’ for the first time and how they might inform the work of political
scientists. Although this is primarily an empirical study, I have carried what I learnt
during that year through my time as a postgraduate student and believe that I have
developed an awareness of my own and others work, that would not have been possible
without this foundation. I would also like to thank Dave for his endless patience, advice
and motivation and for going above and beyond what is expected, co-authoring papers
and for involving me in countless professional development activities.

I would like to acknowledge and thank my committee members John Warhurst and
Juliet Pietsch, as well as my acting committee chairs, John Ravenhill and Ian
McAllister, for their support throughout the PhD process. I would like so like to extend
thanks to the staff and students of the School of Politics and International Relations and
give a special mention to several people. My sincere thanks go to Marian Sawer, who
offered me a number of employment opportunities, which were not only enriching
academically, but also a tremendous help financially during my candidature. I would
also like to thank Adam Masters, for looking out for the welfare of SPIR students,
through his work as student rep. and Will Bosworth for being a great office mate. The
thesis would not have been possible without administrative support from Caroline
Wood and Carrie Wright, who processed endless forms, assisted with my fieldwork
preparations and who were always happy to assist with related issues. I would also like
to acknowledge the financial support from the Australian National University.

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The thesis would not have been possible without the willingness of interview
participants, who gave up their time to speak to me about their work. I would like to
acknowledge the positive response I had to my invitations and the willingness of
everyone involved to help me gain a better understanding of events, by offering
additional information and generous feedback when asked to review the material
included.

I spent two and a half years of my PhD candidature living at University House, where I
met some of my dearest friends. This thesis would not have been possible without their
moral support, both as fellow international students and as PhD students. I will always
remember fondly the many potluck dinners, black mountain walks, house dinners and
bike rides that I shared with Damien Huffer, Adam Packer and Christine Leah. I
enjoyed games of tennis, weekend drinks and countless other fun times with Tamara
Meirelles and Andrew Manning; I will always remember our adventures in Tassie. I
would also like to thank Fifi Fitriningrum for her friendship and for organising and
including me in Uni. House social events, even after I recently moved off campus.
Finally, I would like to express my sincere gratitude to Tony Karrys and all the staff at
University House, who time and again went beyond what was expected, to ensure the
welfare of residents, of course, myself included.

Finally, I would like to thank my whole family, but particularly my partner Stuart, my
Mum, Dad and my sister Sophie, for their unwavering support and encouragement. My
studies have taken me to the other side of the world, involved long absences and vast
time differences, but you have always been there for me. Thank you from the bottom of
my heart.

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