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Footprints Magazine

July 2003

 (Note this issue is posted unformatted)


RIGHT TO  KILL BILL  DEFEATED?

 

The defeat of the Death with Dignity Bill by Parliament 60 to 57 is an historic victory for a culture of life and defeat for a culture of death. The Bill was a private member's Bill sponsored by Peter Brown of NZ First and was defeated at its first reading in a contentious conscience vote. We must remain vigilant as another euthanasia Bill is expected back within 10 years.

 

The purpose of this Bill is to allow persons over the age of eighteen who are terminally ill or incurably ill to request that a doctor kill them.

 

Euthanasia represents a culture of death. Here are nine of the reasons we were opposed to  this Bill:

1.Euthanasia is opposed to the Judeo-Christian sanctity of life ethic. It seeks to replace it with the secular utilitarian ethic of the quality of life which holds that there are lives not worthy to be lived.

2.We have a 2 400 year hippocratic tradition opposing euthanasia.

3.The World Medical Association and the New Zealand Medical Association strongly oppose euthanasia as unethical.

4.The United Nations Declaration of Human Rights recognises that every person has an inalienable right to life.

5.The right to life is the foundation of our human rights and exists regardless of state or political decision and it is the duty of Parliament to protect the inalienable right to life of all citizens from conception to natural death.

6.Society's prohibitions of intentional killing is the cornerstone of law and all social relationships.

7.Being killed by your doctor is not death with dignity but the death of dignity.

8.The passing of this Bill would be unwise and dangerous public policy. The right to die would soon become a duty to die.

9.We have excellent palliative care in New Zealand provided by 37hospices which provide compassion, support and love for those in a terminal condition.

 

Right to Life conducted a vigorous national campaign to defeat this Bill from hell by writing to every member of Parliament. Thirty MPs who were undecided and 10 MPs who supported the Bill were sent an excellent 30 minute video from the USA presenting a formidable case against euthanasia.

 

ACT NOW  Firstly by giving thanks to God for protecting our nation from the scourge of euthanasia. Secondly by writing to our local MPs who voted against the Bill congratulating them. Where the MP voted for the Bill politely ask them why. Address Parliament Building, Wellington.

 

 

MEDICAL ETHICS AND THE UNBORN CHILD

 

Medical ethis are critical in the defence of the unborn chlid.

 

When the law fails to protect the right to life of the unborn child the last line of defence is medical ethics. Right to Life contends that the ethics of the New Zealand Medical Association (NZMA) provide comprehensive protection. The Association's Code of Ethics has as its first principle:

“Consider the health and well-being of the patient to be your first priority.”

 

When a woman with child seeks care from her medical practitioner the doctor is called upon to treat and care for two patients, the mother and her child.

 

On 3 March Right to Life wrote to Dr John Adams, the then chairman of the NZMA, seeking clarification of the Association's Code of Ethics. We wrote:

“It is noted that the first ethic of the Code is to “consider the health and well-being of the patient to be your first priority.” Our society fully supports this ethic. The unborn child is a patient, one that is helpless and defenceless. The upholding of this ethic would require that the health and welfare of this little patient is the doctor's first priority. In the event of a doctor being faced with a request from a woman seeking an abortion to terminate the life of her child is the doctor acting illegally and unethically if he seeks to protect the child from harm by refusing to refer the woman to a certifying consultant?”

 

Dr John Adams replied on 7 April:

“Doctors have the right, except in an emergency, to refuse to care for a particular patient. In any situation which is not an emergency, doctors may withdraw from or decline to provide care as long as an alternative source of care is available and that the appropriate avenue for securing this is known to the patient. Where a doctor does withdraw care from a patient, reasonable notice should be given. Doctors should accept the right of a patient to be referred for further management in situations where there is a moral or clinical disagreement about the most appropriate course to take. In my view, this means that a doctor would be acting unethically by refusing to refer the woman to another practitioner. Any legal issues would need to be referred to the courts – this is not something we would pretend to comment on.”

 

With the greatest respect Right to Life does not agree.

 

On 18 June Right to Life wrote to Dr Tony Baird, former chairman of the Association and now chairman of the Association's Ethics Committee. We posed the following questions:

10.Is the unborn child to be considered by medical practitioners as a patient?

11.If so does this patient enjoy the protection of the Association's Code of Ethics?

12.In the event of a doctor being faced with a request from a woman seeking an abortion to terminate the life of her child, would the doctor be acting unethically if he or she seeks to protect the child from harm by refusing to refer the woman to a certifying consultant?

13.In the event of the doctor considering a request from a woman seeking an abortion believing that it contravenes the Association's ethics and does not meet the requirements of Section 187A of the Crimes Act, would the doctor be acting unethically if he or she refused to refer her to a certifying consultant?

 

On 18 June Dr Baird replied:

“Thank you for your letter of 5 May about the application of the Code of Ethics to Induced Abortions. As you know, the issues are the automony of the patients, in this case pregnant women, the law of the land, meaning the Contraception, Sterilisation and Abortion Act 1976, the professional duties of medical practitioners, the right of any medical practitioner to withdraw from care providing comparable care is arranged, and the lack of legal rights for an embryo foetus prior to birth. You will know about these issues, the Medical Association reminds members at regular intervals about such metters, and you will have received a letter from Cameron McIver, CEO of the NZMA last year.”

 

It is noted with disappointment that Dr Baird has not addressed the questions. Dr Baird should be well aware that the CS&A Act Section 32 only requires doctors to refer a woman seeking an abortion to a certifying consultant when he believes that her request complies with the Crimes Act and the legal grounds for an abortion. It is astounding that Dr Baird infers that unborn children have no legal protection.

 

The questions raised by Right to Life are important to the defence of unborn children and we are determined to pursue this issue until the NZMA accepts that it has a duty to uphold its own ethics and protect unborn children who are its weakest and most defenceless patients.

 

 

 

 

ABORTION SUPERVISORY COMMITTEE (ASC)

 

The Justice and Electoral Select Committee conducted a financial review of the ASC for 2001/2002 in May 2003.

 

A public hearing was held at Parliament on May 14 2003. Present at the hearing were the ASC Chairperson Dr Lesley Rothwell, Dr Papaarangi Reid and Marlene Lamb. It is noted that Dr Rothwell is a certifying consultant and derives a considerable portion of her income from authorising abortions.

 

Present at the hearing were members of the pro-life movement including Right to Life's Parliamentary lobbyist. The members of the ASC were subject to vigorous questioning from Murray Smith of United Future and Dale Jones of NZ First.

 

Dr Rothwell stated that she was hopeful that an increase in the $87.50 fee paid to certifying consultants would be provided in this year's budget. She was expecting the fee to be increased to about $200. An increase in fees was needed to solve the consultant retention and recruitment problem said Dr Rothwell.

 

Dr Rothwell in response to questioning said that doctors don't like doing abortions. When asked about abortion on demand and statements made by the previous chairperson Dr Christine Forster that we have abortion on demand Dr Rothwell responded, “We don't have abortions on demand, we have no evidence of that.”

 

Murray Smith, United Future, asked Dr Rothwell if she had approved an abortion in 1992 because there were not enough seatbelts in the car. This claim was made, supported by a sworn affidavit from the woman concerned who was a member of the pro-life movement and who went under cover to expose the operation of the abortion industry in Wellington and Christchuch. Dr Rothwell in spite of the documented evidence denied the accusation.

 

Richard Worth, National, asked what the Committee was doing to monitor authorisations for abortions to ensure they were lawful. Dr Rothwell responded they have no authority to do this.

 

The review also included a written response to questions given in writing by the Select Committee to the ASC.

 

Following the review the Select Committee tabled a 17 page report with Parliament. The Government is entitled to make a written response to this report.

 

During the review the ASC had claimed that they had sought an opinion from the Crown Law Office as to whether they were complying with their statutory duties. The ASC claims that the response was in the affirmative.

 

The Select Committee reported, “We are also concerned that that ASC did not take advice from Crown Law in writing and was either unable or unwilling to provide details of that advice. It appears that the ASC will continue its practice of not collecting information that would enable us to form a clear view on how – or how well – its functions are being discharged.” This is a very important issue. A legal opinion to have standing must be in writing.

 

Right to Life wrote to the ASC and under the Official Information Act requested copies of the correspondence between the ASC and the Crown Law Office. In a reply from the ASC dated 4 July the Committee wrote, “The Supervisory Committee has now considered your request and decided to withhold that information in terms of Section 9 of the Act – maintaining legal professional privilege.” Right to Life has now laid a complaint with the Ombudsman.

 

Murray Smith states in the report, “Nothing in the evidence of the ASC gave assurance that effect is being given to the final words of the preamble to the Act (“...the circumstances and procedures under which abortions may be authorised after having full regard to the rights of the unborn child.”)

 

Murray Smith and Dale Jones wanted attention drawn to statistics provided to the Select Committee on request by the ASC on the number of abortions authorised by the five certifying consultants who have authorised the highest number of abortions in the past year.

 

Consultant

Applications for termination justified

Application not justified i.e. did not proceed

     1

1666

0

     2

1442

20

     3

1215

8

     4

1136

7

     5

1023

1

 

 

Those members also asked that the ASC try to collate information on what proportion of counselling offered was supportive or neutral on abortion. Feedback could also be sought on whether users of the counselling services felt the counselling was pro- or anti-abortion.

 

Legislative Change

 

The Labour, Green and ACT MPs on the Committee invited the Government to amend the law to reflect current practices. Richard Worth and Lyndsay Fisch of National believe that the issues are wider than issues of structure and second that simply to reflect “current practice” (whatever current practice means) is no basis for sound law-making. Right to Life totally agrees we currently have a regime of unlawful abortions with a massive violation of the human rights of the unborn. Justice is not served by changing the law to make injustice legal.

 

Right to Life commends Murray Smith and Dale Jones for their vigorous questioning of the ASC. Prior to the financial review Right to Life sent a six page letter to each of the eleven members of the Select Committee providing an exposé of the abortion industry and providing evidence of the unlawfulness of abortions in New Zealand. Right to Life is disappointed that the Committee in its report to Parliament has not recommended amendments to the law to stop abortion on demand, to make doctors accountable and above all to provide effective legal protection for unborn children. Right to Life is committed to continuing to monitor the performance of the ASC and to continue to liaise with members of the Select Committee in the interests of protecting the right to life of our unborn children.

 

“We don't have abortion on demand, we have no evidence of that.”

                  Dr Lesley Rothwell

                  Chairperson, Abortion Supervisory Committee, 14/5/2003

 

 

 

SOCIETY NEWS

 

A MESSAGE FROM OUR PATRONS

 

Bishop John Cunneen DD Catholic Bishop of Christchurch, commends Right to Life for its defence of life and encourages members to continue their support for the society.

 

Father Pat Kennedy: “Thank you for nominating me again as one of the patrons of Right to Life. I remain always grateful for this honour.

 

“May I both thank and congratulate the society for the sterling work it continues to do in upholding respect for human life at all its stages from its beginning to its natural end. We know and recognise human life to be God's gift and as such, must at all its stages be respected and preserved from any adverse human interference. Your society, principally through the dedicated service of your committee and its members, continues to give complete dedication to this noble cause.”

 

Reverend John Haverland: “I am confirming my willingness to continue as a patron. It has been an honour and a privilege to occupy this position...”

 

Graham Capill: “I am convinced that those standing up for the dignity of human life are on the winning side, not just of what is morally right but in terms of the future. It is encouraging to read that the USA stands at the dawn of banning partial birth abortions and could well end up challenging the original Roe v Wade decision that has brought so much death and destruction. In the end, people cannot live together in a civil society without holding human life as sacred. New Zealand would do well to draw from history as to where a culture of death will end up, especially as it again debates the push to legalise euthanasia. The work of Right to Life is far from ended, but with God all things are possible because He has created human beings to be His image bearers. As such we are constrained to speak up for those who cannot speak for themselves and pray that society will take care of the weak and vulnerable – not destroy such people.”

 

Honorable Bert Walker: “I appreciate the valiant efforts of Right to Life New Zealand Inc. during the past year and feel sure your efforts are being noted by greater numbers in the community. In my view, the family is the basic strength of the community. If the family breaks down, the community suffers, along with all that is in it.”

 

Doctor Norman MacLean: “During January 2003 the Southland Times newspaper reported on its front page statements from a Christchurch General Practitioner Dr. Pippa Mackay which included “Demand for abortion from Southland women was high enough to warrant Christchurch doctors travelling south to provide the service.” Dr. Mackay was the previous Chairwoman of the New Zealand Medical Association, and is also an operating surgeon at the Lyndhurst Abortion Clinic.

 

“Nothing demonstrates more clearly the dramatic shift in the ethical position of doctors than the views of Dr. Mackay. The Hippocratic tradition, going back more than 2000 years, and reconfirmed after the Second War in the Geneva Declaration, expressly forbade the taking of human life born or unborn.”

 

 

ANNUAL GENERAL MEETING

 

The AGM of Right to Life was held on 20 April 2003. There was an attendance of 43 people.

 

Election of Officers

The following officers were elected:

President: Philip Creed

Vice Presidents: Ken Orr, Chris O'Brien

Treasurer: Paul Christenhusz

There being no nominations for secretary an appointment would be made by the executive.

The committee elected were: Herman Jansen, Henry Allison, Morgan Williams.

The guest speaker was Larry Baldock MP United Future who spoke on his party's objective to protect family values.

 

The President gave a report on the society's involvement in opposing the French abortion pill RU486, and in promoting national campaigns to oppose the Prostitution Reform Bill and the Death with Dignity Bill. The society was also engaged in lobbying Parliament and Government promoting increased legal protection for the unborn child.

 

 

 

MEDIA

 

Media releases have been made to TV, radio and newspapers on the abortion statistics for 2002 and the passing of the Prostitution Reform Bill.

 

Newspaper Advertising

Two quarter page adverts were inserted in the Christchurch Press prior to the third reading of the Prostitution Reform Bill and prior to the first reading of the Death with Dignity Bill. Both adverts urged readers to contact their local electorate and list MPs and ask them to vote against these socially destructive and anti-life Bills.

 

Letters from Right to Life were published in the:

Christchurch Press on prostitution (2 letters), surgical waiting lists and abortion (2), RU486;

Dominion Post on the abortion pill RU486;

New Zealand Catholic on contraception and abortion, surgical waiting lists and abortion, and the passing of the Prostitution Reform Bill;

Investigate Magazine on Dr Sparrow, the abortion industry and the breast cancer link.

 

 

IMPORTANT CORRESPONDENCE

 

Letters were sent to the Minister of Health on informed consent; on alleged double dipping of certifying consultants receiving a fee of $87.50 for authorising an abortion while being paid for employment with a District Health Board (DHB); on the issue of the Auckland DHB being directed by the Minister to provide second trimester abortions for women outside Auckland; asking why surgical waiting lists have been reduced because of lack of money yet abortion is a core health service with unlimited funding.

 

Letters were sent to Parliament prior to the third reading of the Prostitution Reform Bill to the 62 MPs who had previously voted for it. The letter was to present a further submission urging them to oppose the Bill.

A letter was sent to the Minister of Courts in June, who is responsible for paying the fees to certifying consultants. We asked that he revoke the fee for consultants already being paid for employment with a DHB.

 

 

 

HUMAN ASSISTED REPRODUCTIVE TECHNOLOGY BILL

 

The above Government Bill has passed its first reading and is now with the Health Parliamentary Select Committee.

 

T

 

Right to Life has made a submission to the Select Committee upholding the human rights of the human embryo.

 

 

 

CARE OF CHILDREN BILL

 

This Bill has recently passed its first reading and has been sent to the Parliamentary Health Select Committee.

 

 

Right to Life is committed to conducting a vigorous campaign to have this Section amended to provide for parental consent. To pursue parental notification is in fact a pro-abortion position; it accepts the false and dangerous proposition that abortion is “a woman's right to choose” even for girls under the age of sixteen.

 

Right to Life will be making a written and oral submission to the Select Committee upholding parental rights and the responsibility to protect the health of their daughters and their grandchildren from death by abortion.

 

 

Report from the Treasurer:

 

The following is an abridged summary of the financial statements presented to the AGM in April 2003.

 

Statement of Income and Expenditure for Year ended 31-01-2003

Income:                                    Expenditure:

Subscriptions     6447           Depreciation               495

Donations               10378           Election advertising      6785

Interest                     770           Newsletter                 3398

                                    Postage                    2806

                                    Publicity                   1319

                                    Secretarial services        767

                                    Stationary                 1490

                                    Telephone                 1015

                                    Travel            1888

                                    Other              989

                           17595                             20952

                                    Deficit for the year              ( 3357)

 

 

Statement of Financial Position as at 31-01-2003

Assets:

Westpac accounts      17352

Stock               1269

Computers                  2192

Other               140

                           20953

Liabilities       Nil

 

Accumulated funds as at 31-01-2003   20953

 

Any member wishing to have a full financial statement may obtain a copy by writing to the Treasurer PO Box 668 with a self addressed envelope.

Since the AGM your society has received two large donations; one for $1000 from a solicitors trust fund, and the other for $5000 from an anonymous source. The committee are truly grateful and thankful to our benefactors

 

 

 

Abortion Supervisory Committee Report 2002 - Review

The Committee presided over the killing of 16 410 unborn children during 2001.

 

The Committee’s annual report for 2002 was tabled in Parliament in December.

 

In 1994 the Committee was severely criticised in Parliament for the contents and quality of its annual reports: “The standard of the reporting of the Supervisory Committee is absolutely abysmal. Its documents are pathetic. They do not reflect the seriousness with which Parliament regards the law on abortion.” That stinging appraisal would be appropriate for this year’s report.

 

Fees payable to certifying consultants for consultations with women considering an abortion were expected to total $3 366 734 for the year ended 30 June 2002.

 

The Committee stated they “would like to thank all certifying consultants for continuing to provide abortion services to the women of New Zealand.

 

Access to Services

With the introduction of District Health Boards (DHBs) the Committee had sought assurances from the Minister of Health that abortion remained a core health service i.e. an essential health service.

 

Some DHBs e.g. Southland make no provision for “abortion services.” They may instead make arrangements for local women to travel to licensed institutions elsewhere, for example West Coast to Christchurch, Wanganui and Palmerston North to Wellington. Other DHBs e.g. Auckland and Waikato provide good access to first trimester “services.” Only Wellington and Christchurch provide full services both to women in their own district and to women from other districts. This indicates that the provision of services is becoming increasingly centralised and is one of the issues the Committee will be discussing with the Ministry of Health.

 

Medical Workforce

The Committee is concerned for future workforce levels as it has been advised that some abortion providers are having difficulty in recruiting staff especially for second trimester abortions. Some medical and nursing staff refuse to look after women following an abortion. The Committee will be discussing this issue with the Ministry of Health.

 

Sterilisation

The Committee is concerned that in many parts of the country there is a waiting list for women wanting a tubal ligation. This issue will be taken up with the Ministry of Health.

 

 

RTL’s Critique of Relevant Abortion Statistics

The Committee reported 16 410 abortions notified to the Committee for 2001, an increase of 307 over the 16 103 notified for 2000.

It is worthy of note that of the main centres in New Zealand, Christchurch and Hamilton are the only centres to record a significant decrease in abortions.

 

The Contraception, Sterilisation and Abortion (CS&A) Act 1977 Section 14 Functions and Powers of Supervisory Committee states that:

1. The Supervisory Committee shall have the following functions:

    (a) To keep under review all the provisions of the abortion law, and the operation and effect of these provisions in practice.

The Committee states that it “is satisfied that it is performing its statutory functions.” Right to Life challenges that claim.

 

The Committee has stated publicly and to Parliamentary Select Committees that certifying consultants are using mental health grounds to provide abortion on demand. A total of       16 242 abortion i.e. 99% of abortions for 2002 were authorised on the grounds that the continued life of the unborn child was a serious threat to the mental health of the mother. The Committee does not believe this nor does Parliament or the community. These statistics represent a massive violation of the human rights of unborn children.

 

There is absolutely no mention in the report of what action the Committee has taken to ensure that the rights of the unborn child are given full regard as required by the long title of the CS&A Act.

 

If the Committee believes that it does not have the statutory powers to protect the right to life of the unborn child and ensure that the laws on abortion are upheld why then does the Committee not request in its report that Parliament act to amend the legislation?

 

The focus of the Committee is on providing a “service” to kill babies in the womb. This requires a sufficient number of doctors who are prepared to violate the ethics of the medical profession “to maintain the utmost respect for human life from conception until death.” It commends those doctors who continue to provide this “service” and encourages all DHBs to be abortion providers even against the wishes of the communities they serve.

 

The Committee is concerned at the reluctance of doctors and nurses at some hospitals in providing abortions. Currently there are 214 certifying consultants. The Committee advised that the fees for certifying consultants have not increased since 1988 and the Committee believes this may be a reason for doctors not being attracted to or leaving the service. However, Right to Life believes this reluctance is because their informed conscience tells them that it is wrong to participate in the killing of innocent and defenceless children. The Committee appears to refuse to acknowledge this.

 

Right to Life commends DHBs that refuse to be a party to the killing of children in their community. It also commends those doctors and nurses employed by DHBs that courageously defend life and refuse to participate in a culture of death.

 

In stark contrast to the Committee’s callous lack of concern for the rights of the unborn child is the concern the Committee has for the financial wellbeing of certifying consultants. The Committee believes that the fee of $87.50 received by consultants is an insufficient incentive for consultants to continue in the service or to attract doctors to become consultants. The Committee had requested the Minister of Courts the Hon. Matt Robson to review the fees with a view to increasing them. This confirms that abortion is an industry and profit the overriding motive. We should remember that many certifying consultants are employed by DHBs and are also in receipt of a salary.

 

This issue raises many important questions:

14.Are more doctors now becoming sickened by the killing of unborn children, and don’t wish to be involved as medical assassins?

15.Is the Committee hoping to anaesthetise the consciences of doctors by offering them more money to continue as consultants or to seek appointment as a consultant?

 

 

ANNUAL TABLE OF ABORTIONS

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

5945

6759

6903

7198

7285

7130

8079

8789

10044

10200

11173

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

11643

11595

11893

12835

13652

14805

15208

15029

15501

16103

16410

 

The statistics reveal that 45.9% of women having an abortion have become pregnant while using contraceptives. This is further evidence that contraceptives are not totally successful in preventing pregnancy and that the so-called “safe sex” message promoted to teenagers by the Ministry of Health and Family Planning is false.

 

The lives of 16 410 unborn children is a price too high. Only chastity before marriage and faithfulness within marriage will reduce our appalling abortion statistics.

 

Right to Life is committed to the objective of recognition of the inalienable right to life of all unborn children. As an incremental step towards that objective it seeks to have the Abortion Supervisory Committee fulfil its statutory duties to stop abortion on demand and to ensure that the rights of the unborn child are given full regard. Right to Life has written to every member of Parliament to express our concerns at the Committee’s performance and inadequate report.

 

 

 

 

WORLD NEWS

 

US BANS “PARTIAL BIRTH” ABORTIONS

 

The United States House of Represntatives has easily approved a ban on a procedure critics call “partial birth” abortions.

 

If the bill, approved 282-139 recently, withstands legal challenges, it would be the first time a specific form of abortion has been criminalised since the Supreme Court Roe v Wade ruling in 1973 that upheld abortion rights.

 

Amid intense and graphic debate, complete with accusations of “infanticide” and sketches of sharp instruments being plunged into the base of a foetal skull, the ban has been considered in Congress repeatedly since 1995. Under the bill, a doctor could face up to two years in prison as well as civil lawsuits for performing a “partial birth” abortion.

 

As the emotional debate concluded recently, House majority leader Tom DeLay, a Texas Republican, urged lawmakers to vote for the ban and “think of the frantic wriggling of that little body in that gloved hand, think of that moment of pure terror when those sanitised scissors puncture the baby's neck.”

 

Former president Bill Clinton vetoed earlier versions because it contained no exemption to protect a woman's health.

 

Mr Bush supports a ban on what the White House has called an “abhorrent procedure”. The legislation will go to him for his signature after one relatively minor difference with a senate-passed version is worked out.

 

However, this measure is likely to fa