Labor’s religious right try to stop reform of Victoria’s surrogacy laws. *Updated March 27
Last December Victorian Attorney-General Rob Hulls announced that Victoria’s 20-year-old laws on assisted reproductive technology and surrogacy would be updated in line with the recommendations of the Victorian Law Reform Commission.
Now the Catholic right faction of Federal Labor, led by national executive member Joe De Bruyn, leader of the Shop, Distributive and Allied Employees Union, known as the Shopworkers Union, is trying to derail the Victorian reforms.
That would allow socially conservative members, such as Sports Minister James Merlino, a former shopworkers union official, and backbencher Christine Campbell, to vote against the measure. If they could persuade enough other members to support them, the bill could fail.
The Catholic Church claims that surrogacy treats women and children as commodities, not people, and that breaks the ‘sacred’ bond between mother and child. The surrogate mother, they say, is devalued by being treated as nothing more than an incubator.
De Bruyn is demanding that state Labor MPs be given a conscience vote on the surrogacy proposals when they come before state parliament. That would allow socially conservative members, such as Sports Minister James Merlino, a former shopworkers’ union official, and backbencher Christine Campbell, to vote against the measure. If they could persuade enough other members to support them, the bill could fail.
A spokeswoman for Mr Hulls told bnews the Victorian Government was considering the issue of a conscience vote.
"When the contents of the bill are finalised, there will be discussions in relation to whether there should be a conscience vote," she said.
"The preliminary view is that the changes proposed are not normally the subject of a conscience vote, but there will be discussions within the Labor parliamentary caucus on this matter prior to its introduction into parliament."
She was also unable to say whether access to assisted reproduction and surrogacy would be dealt with in one bill, or two separate measures, stating that the legislation was still in development.
The surrogacy proposals are part of a package of reforms that will also make assisted reproductive technology available to single women and lesbians.
But the Catholic faction may not have things all their own way. The proposed Victorian reforms are supported by another powerful national executive member, federal Communications Minister and Senator for Victoria Stephen Conroy.
Senator Conroy and his wife Paula Benson had to travel to NSW to have their daughter, Isabella, because current Victorian law makes surrogate births illegal unless the surrogate mother is also infertile.
Victorian Liberal leader Ted Baillieu is already on record as supporting the reforms but he may now face increased pressure to concede a conscience vote for his own MPs.
Before the last election he called for a uniform national approach to surrogacy laws, and said the "state hopping" needed to end.
Queensland plans to legalise altruistic surrogacy and the West Australian Government has already introduced laws to allow it.
Dr Ruth McNair, a member of the Ministerial Advisory Committee on Gay and Lesbian Health, says D Bruyn's opposition is unsurprising. "De Bruyn has been a regular opponent of any reform related to lesbian and gay reproduction and parenting for many years,," she told bnews. "I wonder whether his opposition to altruistic surrogacy is really opposition to gay men in particular from accessing surrogacy arrangements in Victoria."
"A conscience vote would be potentially very damaging for the proposed legislative change because it would be very likely to lead to several liberal MPs voting against reform. It may also have a flow on effect if such a vote is also allowed for ART legislative change. After years of work from our community and allied communities to reform these Acts, and bring us equality in one of the final bastions of heterosexism and homophobia in our state, it would be devastating to lose at this final stage."
Demetra Giannakopoulos, co-convenor of the Victorian Gay & Lesbian Rights Lobby, said, “We rely on the state government’s commitment they made last year when they announced their support for the vast majority of the law reform commission’s recommendations.”
She said the granting of a conscience vote would be seen as the backing away from those commitments.
“That’s how it would be conceived, after all the government put this forward and that’s how it would be seen if the government were to backtrack,” she said.
“All we ask is that children are protected and that is the main thrust of the Law Reform Commission’s recommendations. If a conscience vote works against protecting children, then surely that’s a concern for all Victorians.”
by DOUG POLLARD
