Danger of compromise in WA abortion fight
By Sarah Stephen
PERTH — When WA parliament resumes on March 31 after a week's recess it will decide on the future of the state's restrictive abortion laws. During the recess, politicians discussed compromise legislation likely to be passed by both houses of parliament.
Amendments proposed to attorney general Peter Foss's bill by right-wing independent Philip Pendal and Liberal Norman Moore reflect a recognition by anti-choice MPs that they can no longer keep abortion illegal and instead have to impose as many obstacles and restrictions to abortion as possible.
Labor's Cheryl Davenport, sponsor of the bill to repeal WA's abortion laws, told the Melbourne Age on March 23: "This has been a real exercise in doing things differently. Politics is normally about point scoring. This has been about voting according to the way you truly feel and achieving an outcome that we are all happy with."
The main pro-choice campaign groups — the Association for the Legal Right to Abortion and the Coalition for Legal Abortion — are putting little emphasis on public activity in the coming weeks. They have decided to focus on lobbying MPs, particularly those who have not yet taken a firm position on the issue. The Coalition for Legal Abortion has discussed compiling a resource kit for pro-choice politicians.
Much of the law reform discussion is focussed on the possible "compromise" of repealing the abortion laws in the crimes act but inserting "safeguards" into the health and medical acts. Such safeguards might include consultation with more than one doctor, compulsory counselling, a "cooling off" period and restrictions on how far into a pregnancy an abortion can be performed.
This proposal is similar to South Australia's legislation, though abortion is still regulated under the criminal code there. That code was amended in 1969 to legalise abortions performed in a prescribed hospital by a qualified medical practitioner; when the pregnant woman had been resident in SA for at least two months; when her physical or mental health is in danger, or when the foetus may have a physical or mental abnormality. As well, women must have authorisation from two doctors.
This has not made abortion readily available in SA. Abortions cannot be performed in private clinics and hospitals are under no obligation to provide the service. In practise, abortions are only available in the first 12 weeks of pregnancy, despite being legally available in the first 28. Yet because the operating theatre time allocated for abortions is limited, there is usually a waiting list of two to six weeks.
Counselling is compulsory in most public hospitals and the conscience clause in the legislation allows any medical staff member to refuse to recommend or perform the procedure.
In Perth, Right to Life held a public meeting on March 26, attracting 1000 mostly older people. Special guest speaker was Beverley McMillan, a medical director of an abortion clinic in Jackson, Mississippi from 1975-78 who became a "born again" Christian and now describes herself as a former "angel of death".
As McMillan was about to speak, two Resistance activists unfurled a banner at the front of the room which said, "Repeal all anti-abortion laws, support a woman's right to choose!". The Resistance women were escorted from the room by security guards and as the crowd began reciting the Lord's Prayer, they responded by chanting "Not the church, not the state, women must decide their fate".
Pro-choice women are campaigning and organising on the campuses and the streets. A rally on April 4 will be an important show of strength against the religious right's campaign of fear and misinformation. Activists are planning a series of campaigning stalls in the city and suburban areas, as well as poster runs and banner drops over busy freeways.
The April 4 rally has been endorsed by MPs Cheryl Davenport (ALP), Giz Watson (Greens WA) and Diana Warnock (ALP), as well as the Women's Legal Service, Resistance, the National Union of Students, University of WA Women's Department, Murdoch University Student Guild, Dr Harry Cohen and the Democratic Socialists.
In a West Australian newspaper poll two weeks ago, 65% of respondents said they believe the decision to have an abortion should be left to the woman concerned, 10% said abortion should be available only if a woman faced social or economic hardship, and 21% said abortion should only be allowed in the case of physical or mental suffering. Only 3% said the laws should remain unchanged.