ABORTION LAW REFORM ASSOCIATION OF NEW ZEALAND

PO BOX 28-008 WELLINGTON 6150

NATIONAL NEWSLETTER – AUGUST 2007

National President: Dr Margaret Sparrow

National Secretary: Teresa Levy                                                          website: www.alranz.org

National Treasurer: Kay Lavill

Welcome to new secretary Teresa Levy elected at the recent AGM. Teresa joined ALRANZ many years ago in Christchurch. She has now shifted with her family to Wellington and is completing her qualifications in law.

Welcome to new treasurer Kay Lavill who has a long professional interest in family planning and reproductive health as a nurse and clinical tutor. Sincere thanks to retiring treasurer Jan Riach for her sterling efforts over the years. Jan is hoping to spend more time with her grandchildren in Australia.

Thanks also to retiring committee member Inna Grbich for her wise counsel over the years and to those members of the committee who have agreed to continue for another year. President Margaret Sparrow says that having a supportive committee is what enables her to continue in that role.

 Carole Charles of Wellington died (of breast cancer) on 18 June 2007 at the Mary Potter Hospice. She will be remembered for her keen sense of humour and willingness to help with lobbying. She was also well known among patrons of Wellington’s art galleries. A ceremony of remembrance was held at the Solander Gallery on 30 June.

Honor Bonisch died quietly in her sleep at St Winifred’s Hospital, Christchurch on 30 June 2007 aged 84 years. Honor was a long standing member of Christchurch Branch, although her health had been poor for some time.

Dr Diana Mason OBE died on 5 June 2007 at the Rita Angus Hospital, Wellington. She was a well-known GP obstetrician, wife of Bruce Mason, and former President of SPUC. Friends said that her views were more moderate in recent times.             

              ALRANZ has sent submissions recently on two topics

(1)          To the National Screening Unit on antenatal Down Syndrome screening. The report of the advisory group recommended improvements in screening. Although medical and ethical issues were covered there was no section on legal issues which have been a concern to the Abortion Supervisory Committee.

(2)          To the Advisory Committee on Assisted Reproductive Technology (ACART) on the consultation paper:  Advice on Aspects of Assisted Reproductive Technology. ALRANZ in general supported the suggested guidelines but felt there was a need to initiate follow-up studies of children born as a result of various procedures.

              Statistics NZ (www.stats.govt.nz) released the latest abortion figures on 14 June 2007. There were 17,930 abortions performed in New Zealand in 2006 compared with 17,530 in 2005 but not as many as the 18,510 in 2003.

              The general abortion rate was 20.0 abortions per 1,000 women aged 15-44 years in 2006, up from 19.7 in 2005 but not as many as the 21.0 in 2003.

              As always, women aged 20-24 years had the highest abortion rate with 37 abortions per 1,000 women in that age group. Changes in the collecting of ethnic data make it difficult to see trends according to ethnicity.

              Most abortions (64%) were first abortions in 2006. This was unchanged from 2005 and 2004. In 1996 the figure was 71% i.e. in that year there were more women having a first abortion and fewer women who having repeat abortions.

              The increase in figures resulted in a number of articles in the press. One columnist, Karl du Fresne, inappropriately attacked the Family Planning Association for “Promoting promiscuity under guise of safe sex”

              On Thursday 14 June the Minister of Justice, Hon Mark Burton announced proposals to appoint a new ASC following months of delay and administrative concerns that certifying consultants might be acting illegally without the official renewal of their licences.

              The chairman of the new ASC is Professor Linda Jane Holloway DCNZM, from Dunedin, previously Pro Vice-Chancellor of health sciences at Otago University. She is a highly respected anatomical pathologist who has served on the Medicines Assessment Advisory Committee and was one of the advisers to Dame Silvia Cartwright during the inquiry into the treatment of cervical cancer at National Women’s Hospital.

              The other medical member of the ASC is Dr Rosemary Fenwicke of Wellington. She is a GP, certifying consultant and operating doctor at Level J termination clinic in Wellington Hospital. She has had a varied medical career and currently works for the ACC. She is a member of the Health Practitioners Disciplinary Tribunal and the Medical Practitioners Disciplinary Tribunal.

              The non-medical member of the ASC is Patricia Allan QSM of Christchurch. In 2004 she established her own consultancy as a facilitator and mentor after 20 years involvement in both church and council-funded social services in Christchurch and on the West Coast. She served for a time as vicar of Hokitika and has held a number of governance roles in both the Methodist and Anglican churches. She completed her nursing qualification in 1960 and holds a licentiate of theology.

              During the parliamentary debate on these appointments Gordon Copeland, ex-United Future MP, moved that Dr Ate Moala of Wellington replace Dr Fenwicke. Dr Moala is Tongan and readers may remember her as the doctor who organised the “Purely Girls” camp for college age girls in the school holidays promoting modesty, femininity and chastity. That motion was lost 81-36.

              Peter Brown, Deputy Leader NZ First, moved that Dr Peter Hall of Whangaparaoa replace Patricia Allan. Dr Hall is a general practitioner with conservative views on abortion and is a medical adviser to Pregnancy Counselling Services. This was an ill-prepared amendment which ignored the requirement for there to be a lay member on the committee. Having male representation may have appealed to some MPs. The motion was lost 76-29.

              During the debate speakers in favour of the new appointments were Nandor Tanczos (who called for a review), Paul Hutchison (who supported a review), Lynne Pillay (who spoke for choice), Jackie Blue (who discussed the barriers) and Anne Tolley (who like many others deplored the increase). Speakers against were Gordon Copeland, Tariana Turia, Bill English (who mourned the loss of his ill fated booklet), Peter Brown and Judith Collins (who mourned the loss of her amendment to the Care of Children bill).  

              A conscience vote was allowed but there was evidence of members voting along party lines. In the end the vote to appoint the ASC was passed 102-11 with five abstentions, mostly NZFirst (Jacqui Dean, Brian Donnelly, Pita Paraone, Barbara Stewart and Doug Woolerton) and three absent (Jim Anderton, Taito Philip Field and Peter Sharples.) The 11 most hard-line of the conservatives were Peter Brown, Gerry Brownlee, John Carter, Judith Collins, Gordon Copeland, Bill English, Chris Finlayson, Phil Heatley, Ron Mark, Winston Peters and Eric Roy.

              Labour MPs all voted for the appointments, even Harry Duynhoven who has a conservative record. The Greens and ACT were consistently liberal. National, NZFirst and United Future voted all over the place. John Key gave mixed messages, voting for Brown’s amendment. National party liberals defying the conservative majority were Chris Auchinvole, Dr Jackie Blue, Katrina Shanks, Lindsay Tisch, Kate Wilkinson and Maurice Williamson. Moderate liberals who abstained on the Brown amendment were David Bennett, Dr Jonathan Coleman, Sandra Goudie, Dr Paul Hutchison, Colin King, Murray McCully and Katherine Rich.

The following table is provided, where:

1 = vote on Copeland’s amendment

2 = vote on Brown’s amendment

3 = vote for appointment of ASC

√ = liberal vote

X = conservative vote

- = absent or abstained

Pregnancy can be personal injury

              In the High Court Wellington on 16 May Justice Jillian Mallon heard the case against the ACC of a mother seeking compensation for an unplanned pregnancy. She had decided to limit her family to four children and had a tubal ligation in 2003 that failed. The judge ruled that in some circumstances pregnancy can be a personal injury when it is caused by medical error or medical mishap. The decision marks a significant departure from ACC’s policy and earlier district court decisions, where pregnancy has been regarded as a natural process and not an injury. ACC is to appeal the decision in the Court of Appeal.

              President Margaret Sparrow wrote to the editor of the National Council of Women’s newsletter:

 “I would like to point out that Josephine Reeves of Voice for Life is very selective in her reference to the Royal Commission and it is misleading for her to infer that the Royal Commission endorsed the view that human life begins at conception. While reviewing the biological evidence the Royal Commission Report (March 1977) was careful to incorporate other viewpoints and in its conclusions gave the fetus legal status from the time of implantation, a point which could be identified by a medical pregnancy test, rather than from the time of conception or fertilisation. The Commission’s conclusions verbatim were:

The fetus has a status from implantation which entitles it to preservation and protection.

This status does not confer upon it an absolute right to life. If it did, then human life with full conscious development would have to yield to it and a greater value might be placed on fetal life with its potential still unformed than on human life with full conscious development.

The unborn child, as one of the weakest, the most vulnerable, and most defenceless forms of humanity should receive protection.

That protection should not be absolute but should yield in the face of compelling interests.

The measure of that protection can only be decided after the nature of those competing rights has been examined.

              As part of its Campaign to Stop Violence Against Women and after two years of consultations AI has adopted a broader sexual and reproductive health policy that calls on states:

*            to repeal laws that allow women to be charged, imprisoned or otherwise subjected to criminal penalties for seeking or having an abortion

*            to ensure safe access to abortion services to any woman who becomes pregnant as a result of rape, sexual assault or incest, or where a pregnancy poses a risk to a woman’s life or a grave risk to her health.

*            to ensure that any woman who suffers complications from an abortion will have access to the medical services she needs, whether she has obtained the abortion legally or illegally.

              The Vatican announced that it is suspending financial aid to AI and some Catholic groups are withdrawing support for AI.  

United Kingdom

Conferences: If anyone is planning on being in London in October there are two major abortion conferences back to back. From Thursday 18 - Saturday 20 October the theme is “Women Deliver”. This is a global look at maternal mortality. Sex education and abortion are included. The co-chair is Mary Robinson from Ireland. For further information see www.womendeliver.org.

On Tuesday 23 - Wednesday 24 October there is a two-day conference focusing on abortion only, organised by Marie Stopes International. This meeting will also be marking the 40th anniversary of the 1967 UK legislation on 27 October. For further information see www.mariestopes.org.uk

              Figures for 2006 show an increase of 4% in the number of abortions in England and Wales with a higher percentage taking place at an earlier stage. In Scotland the numbers were also up. The proportion using medical abortion continues to increase with 59% carried out last year compared with 16% when first introduced in 1992.

              Parliament is to debate the Human Tissue and Embryos Bill, which considers embryo research. It will also provide an opportunity for opponents of abortion to try and roll back the legal time limit on abortions from 24 weeks’ gestation to 21 weeks. Gordon Brown new Prime Minister has a strong pro-choice record.

              In Ireland a 17-year-old girl, under care of the state, carrying an anencephalic fetus that would not live more than three days outside the womb was given permission by the High Court in Dublin in May to travel to Britain for a termination. The ruling averted a major political crisis over abortion. The Health Service Executive had initially sought to prevent her leaving the country and was criticised by the judge for abandoning its primary duty of care. He praised the maturity of the young woman known only as Miss D in confronting her dilemma.

Australia

              Labour woman backbencher Candy Broad introduced a private member’s bill to decriminalise abortion in Victoria. Premier Steve Bracks (who has now resigned) and Health Minister Bronwyn Pike, who is pro-decriminalisation, did not support the bill in its present form but watch this space. Abortions in Victoria are carried out under the 1969 Menhennitt ruling which says that abortions can be carried out if a woman’s mental or physical health is at risk. The current laws are regarded by some as unclear with respect to what constitutes a legal abortion.

              Problems are emerging with the government funded counselling service to reduce the number of abortions. Some GPs are concerned about the requirement that they undertake compulsory training in non-directive counselling in order to claim under item 4001 and are boycotting the scheme. They say it implies that they have been engaging in nothing but biased counselling up until now and it is an insult to experienced GPs.

U.S.A.

              In June the House Appropriations Committee approved a foreign aid spending bill that would allow the federal government to give contraceptives, but not money, to international groups barred from receiving US aid because of their abortion policies. The bill was passed 223-201 by the House of Representatives but President Bush is expected to veto it. The bill did not seek to reverse Bush’s ‘global gag rule’ i.e. any organisation wanting U.S. funding for family planning programmes abroad has to sign a contract promising not to promote abortion, perform abortions or lobby to legalise abortions except for cases endangering the life of the mother, or rape or incest.

              Congressional Democrats in June introduced a bill that would require pharmacies to offer emergency contraception even if the pharmacist objects to doing so on moral grounds. The bill says pharmacy employees may not intimidate, threaten or harass customers or interfere with or obstruct the delivery of services relating to a request for contraception. Last August the US Food and Drug Administration approved over-the-counter sales of Plan B emergency contraception for women 18 years and older but not all pharmacies stock the drug.

              The National Association for the Advancement of Colored People (NAACP) holding its annual convention in July, for the second time in four years rejected a proposed resolution expressing opposition to abortion, despite lobbying by Alveda King, niece of Dr Martin Luther King. Afro-American women seek abortion at rates higher than their percentage in the population and the NAACP supports their right to choose.

              Thirty-five states have parental notification or consent laws for minors seeking abortion but New Hampshire is the first state to repeal a law passed in 2003 but never enacted because of a lawsuit filed by Planned Parenthood. In January 2006 the Supreme Court ruled the law was unconstitutional because it did not include exceptions to protect the health of a pregnant minor and referred the matter back to the state legislature. In June 2007 the Governor signed the repeal.

Portugal

              The law legalising abortion in Portugal came into effect on 15 July 2007 allowing women to abort in the first 10 weeks of pregnancy, putting this Catholic country on a par with most other European countries. This followed a referendum in February.

Kenya

              At a conference in Nairobi in June, women leaders of 10 African countries called for the legalisation of safe abortion procedures to curb high maternal mortality. In Africa 30,000 women die from unsafe abortion each year.

Brazil

              On his first visit to Latin America Pope Benedict delivered a strong anti-abortion message to Brazilians. Just before the Pope’s visit the President and the Minister of Health had spoken out against the church’s policy on abortion saying it was a public health issue with many women dying from clandestine abortions.