The Queensland Parliament in Australia has voted to introduce a complete ban on discussion of its abortion law in an unprecedented move by the state’s premier.
David Crisafulli, premier for the Liberal National Party, introduced the motion yesterday (10 December) without any notice and just half an hour was given for the debate. According to the parliamentary record, the wording of the motion was distributed to members at the same time that it was being introduced.
The motion, which passed by 50 votes to 38, effectively creates a total ban on all discussion of Queenland’s abortion law. The motion states that “no bill or amendment seeking to amend” the abortion law can be introduced and “no motion or amendment seeking to have this House express its views” on the abortion law “is allowed to be moved”.
Total ban on debate of abortion up-to-birth law for four years
The complete gag order on discussing or amending the Termination of Pregnancy Act 2018 will last for the four-year fixed term of the Queensland Parliament, failing any change to the state Parliament before that time.
Queensland’s Termination of Pregnancy Act 2018, introduced by the Labor Party in 2018, allows abortion up to birth if “the medical practitioner considers that, in all the circumstances, the termination should be performed”, taking into account “the woman’s current and future physical, psychological and social circumstances”.
By successfully passing this motion, Premier Crisafulli will prevent any restrictions on this abortion law being proposed.
Gag order blocks proposed amendment to protect infants born alive after abortion
Earlier this year, Premier Robbie Katter, Member for Traeger, put before the Health, Environment and Agriculture Committee the Termination of Pregnancy (Live Births) Amendment Bill 2024. His amendment sought to clarify that there is an equal duty for registered health practitioners to provide medical care to a baby born alive as a result of an abortion as to any other infant who is born alive. The Bill ran out of time before there was a vote in Parliament. A similar Bill was advanced in Queensland in 2021 by MP, George Christensen.
During the Queensland Parliament election campaign ahead of voting in October this year, Katter made it clear that he planned to introduce an amendment to the Termination of Pregnancy Act 2018.
This most recent gag order, voted through by all members of the Liberal National Party present in Parliament, will prevent Katter from introducing any Bill to protect babies born alive after an abortion.
Strong backlash and criticism from many quarters
Several voices, both within and outside the Queensland Parliament, have issued robust criticism of this move to gag any discussion of abortion.
Steven Miles, leader of the opposition Labor Party, said of the “extraordinary” motion that it “comes with no notice, no discussion and no advice to the media—such grubby treatment of what should be a very serious issue”.
Katter expressed similar disbelief at the motion. “I am almost lost for words at reading this today. I appreciate that there is a dichotomy of views in the House. I am not sure if there is a precedent for preventing debate on an issue in this House”.
University of Queensland law professor Graeme Orr labelled the law “silly” as it would need to be repealed if there was a need to amend the Act for unforeseen necessity.
Sky News Australia host, Liz Storer, has branded Queensland Premier David Crisafulli a “full dictator” for banning debate on abortion laws in the state parliament for the next four years.
“Deeply troubling” restrictions on the democratic process
In 2008, a UK report found that 66 infants were born alive after NHS terminations in one year. The majority of those 66 babies took around an hour to die, with one surviving and breathing unaided for 10 hours.
Spokesperson for Right To Life UK, Catherine Robinson, said “The result of yesterday’s vote in the Queensland Parliament is deeply troubling. Not only does it significantly restrict the democratic process by removing abortion as a topic that can be discussed, but it also dangerously prevents life-saving legislation for babies born alive progressing through Parliament”.
“There is no defence for such actions and MPs across the political spectrum are right to express their strong opposition to this extreme legislation. Queensland’s abortion law is extreme. We know from our own experience in the UK that there is huge public support for reducing the abortion time limit”.
“This blanket ban on even discussing abortion shows an alarming disregard for unborn children as well as the views of residents of Queensland”.
