25 May 2007.

Abortion Supervisory Committee

In a Parliamentary democracy it is imperative that the government uphold the rule of law. The protection of our democracy requires constant vigilance. The government is currently undermining the rule of law by failing to ensure that appointments are made to the Abortion Supervisory Committee. Marlene Lamb resigned from the Committee in March 2005. Dr Lesley Rothwell, chairperson and Dr Paparangi Reid resigned in March 2007 from the Committee after giving three months notice.

The Committee serves an important function in the legislative framework governing the performance of abortions in New Zealand. The long title of the Contraception, Sterilisation and Abortion Act, states.....to provide for the circumstances and procedures under which abortions may be authorised after having full regard to the rights of the unborn child. Right to Life has for many years been lobbying government for the removal of the members of this Committee to be replaced with members who will ensure that the rights of unborn children who are the weakest and most defenceless members of the human family are given full regard, that certifying consultants are made accountable for the lawfulness of the abortions that they authorise and that abortion on demand is stopped. The Committee has also failed to protect the health and welfare of women by ensuring that women considering an abortion are fully informed of alternatives to abortion such as adoption. The Committee has also failed to provide women with information on the humanity of their unborn child, its development and the serious potential damage to the physical and mental health resulting from abortion. Right to Life filed a mandamus with the High Court in Wellington in 2005 against the Abortion Supervisory Committee for failing to fulfil its statutory duties. Theses important proceedings on behalf of women and their unborn children will continue.

This is an important constitutional issue; it raises a number of serious questions;

The Committee is appointed in terms of the Contraception Sterilisation and Abortion Act 1977. It is accountable directly to Parliament. Appointments are made for a three year term by the Governor-General on the recommendation of Parliament. Members who wish to resign from the Committee may do so by written notice to the Speaker of the House of Representatives. The Speaker the Hon. Margaret Wilson was advised of these two resignations in December 2006. The Speaker had a serious duty to advise the House on its first sitting day, nearly six months have elapsed, why has the Speaker not advised the House. This failure to act is contempt of Parliament and the community. The Speaker also had a duty to advise the Minister of Justice of the resignations. Did she do so and if so when did she inform him?
The Act requires the Minister of Justice to bring nominations for vacancies on the Committee to Parliament for debate and resolution, The three year appointments of Dr Rothwell and Dr Reid expired in August 2004. Why did The Minister not bring nominations to Parliament in 2005? Why too has he not acted promptly to fill the vacancies made by these resignations? Because of the Minister’s inaction we now have a legal crisis caused by a non functioning Committee. It is appropriate to ask the Minister is he planning to bring amending legislation to Parliament seeking to remove the Committee from the Act?

There is now a serious challenge to the lawfulness of abortions in New Zealand. The Act requires that abortions be authorised by two certifying consultants. These consultants are appointed and issued with a licence by the Committee. Appointments are for one year and are required to be renewed each year. It is probable that there are many certifying consultants whose licence has expired. They may no longer legally authorise abortions. Abortions authorised by these doctors are unlawful. Has the Tribunals Division of the Justice Department advised these doctors that they may no longer authorise abortions? Certifying consultants receive from the Justice Department $135 for each abortion consultation. Are these doctors still claiming and been paid this fee?

Section 18, of the Act, Restrictions on where abortions may be performed,[1] states ; Subject to the provisions of this Act, no abortion may be performed elsewhere than in an institution licensed for the purpose in accordance with the Act. Licences are granted by the Committee for a period of one year commencing on the date that they are issued and then expire. There are probably a number of previously licensed facilities whose licence has now expired. Any abortions performed in these facilities are now unlawful. Has the Minister of Justice written to these facilities to advise them that they may no longer perform abortions?

Right to Life calls upon the government to take urgent action in having Parliament appoint members to the Committee who will ensure that the human rights of unborn children receive the full protection of the law.

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