Federal Labor would facilitate a vote on territory rights if they win government at the next election, current MPs resolved in a party meeting on Tuesday.
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The new position commits Labor to a conscience vote on repealing the Andrews Bill - named after Liberal MP Kevin Andrews - that has prevented the ACT and NT from making its own voluntary euthanasia or voluntary assisted dying laws for nearly 25 years.
The "vast majority" of Labor's caucus would vote for the repeal bill, MPs were told during the meeting.
A bill before the current Parliament by Coalition senator for the Northern Territory Sam McMahon to restore rights for her territory but not the ACT was poorly drafted and "not salavable", MPs were told. Labor will vote against the McMahon bill.
All territory MPs will be consulted on amendments the parliament debates on the McMahon bill in the current Parliament, the party room resolved.
Jason Clare, Labor's spokesperson on territory matters, said an Albanese Labor government would facilitate the introduction, debate and vote of a standalone bill covering both the Northern Territory and the ACT.
"A matter of this significance deserves stand-alone legislation," he said.
"[McMahon's bill] is a badly drafted bill, it does not cover the ACT, and contains two other provisions relating to acquisition of property and the hearing of employment disputes which are not supported."
Fenner MP Andrew Leigh was one of several members to put up their hand to be the one to introduce the new private members bill after the election, telling The Canberra Times it was time for the "awful anachronism" of the Andrews Bill to be gone.
"In the last Parliament and this Parliament, I've moved bills and motions to get rid of the Andrews law. Yet while the numbers are there in the parliament to support repeal, the Liberals won't let it come on for a vote," he said.
"The Andrews law is an awful anachronism, and I want it gone quickly. Caucus decided today that an Albanese government would bring on a bill to repeal the Andrews law. If Labor wins, I want to move that bill, and I hope we can get it passed shortly after the election."
Several territory members of Labor's caucus complained during the meeting that the conscience vote was not appropriate for a rights in question. This was not about euthanasia, one of the members told their colleagues, this was about territory rights.
A motion from one member calling on the party to drop its the conscience vote was defeated.
Canberra MP Alicia Payne said she was pleased an Albanese Labor government would restore rights the territory, but wanted a binding vote.
"While I support a conscience vote on voluntary assisted dying, I would have liked to see us take a binding position to support territory rights, because all Australians should have equal democratic rights," the MP said.
"Regardless of people's views on voluntary assisted dying, they should have the right to debate the issue within their jurisdiction, whether they live in Canberra or Queanbeyan.
"That said, I will continue to advocate for Canberra to have equal rights, and, along with my ACT Labor colleagues, will continue to discuss this issue with our Labor colleagues ahead of a conscience vote."
Senator McMahon still believes her bill could pass the current parliament, and was not opposed to it being amended to include the ACT.
Senator Kim Carr, the Labor backbencher on the committee evaluating the McMahon bill jumped the gun on his party's support earlier this month saying "Labor strongly supports the rights of territorians to make their own choices about VAD laws."
The Greens have indicated they want the McMahon bill expanded to include the ACT.
Since a cross-party conscience vote in the federal parliament in 2018 rejected repeal bill from former senator David Leyonhjelm every state in Australia has dealt with the issue of euthanasia independently of the Commonwealth. Euthanasia is now legal in five states, all but New South Wales.
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