We can’t answer your question

06 Mar 2013

By Matthew Biddle

As moderator Lyle Shelton looks on, WA Premier Colin Barnett addresses voters at the information evening convened by the Australian Christian Lobby at the Mt Pleasant Baptist Community Centre on February 26 while Opposition Leader Mark McGowan, at left, waits his turn to speak. Both candidates faced a range of questions, including from Perth Bishop Donald Sproxton on housing and from CYM director Anita Parker on abortion. PHOTO: Matthew Biddle

Premier Colin Barnett doubted the validity of information supplied in Parliament by his own government regarding aborted children who were born alive but given no medical treatment by hospital staff in front of more than 800 people attending an election forum for voters on February 26.

At a forum for voters organised by the Australian Christian Lobby (ACL), the Premier was asked if he would support an inquiry into the deaths of 14 babies born between 1999 and 2010 who, having survived an abortion procedure, were left to die.

The question came from the Archdiocese of Perth’s Catholic Youth Ministry director, Anita Parker.

After appearing to evade the substance of Ms Parker’s question, when probed further the Premier said: “I don’t know the details of that … I would find that quite difficult to accept, and I would doubt that that has occurred in that way.”

“I somehow doubt that information.”

Responding on the same issue, Labor leader Mark McGowan also questioned the validity of Ms Parker’s information.

“You can’t just commit to inquiries based on someone saying something to you, you need the information to be provided, but if people do have that information, please, provide it to me,” he told voters attending the meeting.

The text of Ms Parker’s question was: “It has been reported that in Western Australia between 1998 and 2010, 14 babies born alive after failed abortions were tragically left to die.

Will your party commit to ensuring there is no further erosion of protections in law for the unborn? Will your party support initiatives that ensure all pregnant women considering abortion are given information about all options available to them?”

The source of information, of which neither Mr Barnett nor Mr McGowan appeared to have any knowledge, were several parliamentary exchanges, beginning in 2011.

In State Parliament on February 15, 2011, Labor MP Ed Dermer asked the minister representing the Minister for Health if there had been any instances reported of an abortion procedure resulting in the birth of a live child since the Abortion Act of 1998 was passed.

Mental Health Minister Helen Morton replied, saying: “As at 20 January 2011, a total of 14 incidences of abortion procedures resulting in the live birth of a child have been reported between July 1999 and June 2010.”

Three months later, on May 24, Mr Dermer sought further details, asking Mrs Morton if, in any of the 14 incidences, treatment of the children was not withdrawn and whether attempts had been made to resuscitate them.

Mrs Morton answered: “No treatment was reported as being performed in any of the 14 incidences,” and “No resuscitation was reported in any of the 14 incidences.”

Later in 2011, Liberal MP Nick Goiran and Labor MP Kate Doust presented petitions to Parliament signed by thousands of Western Australians seeking an official inquiry into the deaths.

Mr Goiran also wrote to Health Minister Kim Hames, requesting the establishment of a Joint Select Committee to investigate the deaths.

Mr Hames rejected the proposal.

However, in a letter dated September 21, 2011, Mr Hames said: “The concerns raised in relation to 14 infants born after termination of pregnancy allegedly being reported as born alive are being further assessed to enable the circumstances to be reviewed and further comment made.”

Despite no further correspondence from Mr Hames on the findings of the investigation, the Standing Committee on Environment and Public Affairs closed its inquiries.

In a last-gasp effort to establish an inquiry, Mr Goiran spoke for more than 30 minutes in Parliament on May 23, 2012, renewing his call for the establishment of a committee.

He referred to the 1998 abortion debate in which the then Attorney-General, Peter Foss, assured members that the full criminal law would apply in the event that a child was born alive after an attempted abortion.

At the time, Mr Foss said “If as part of a process of termination of pregnancy the child is born, so that under section 269 it becomes a person, then it has all the consequences of being alive … there are already provisions in [the Act] relating to how people can be held culpable for homicide where there is an omission.  Not everyone is culpable, but some sections provide that some people are liable for not taking positive measures to prevent death, as opposed to being liable for negative measures taken to cause death … Once the process of termination actually leads to birth, it does not matter when it occurs – it is a live person, and is treated as such by the law.”

Section 269 of the Criminal Code states: “A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.”