The Cook Labor government has been criticised from both sides of the political divide for its decision to use their majority in the upper house to push through the Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Bill.
On Tuesday the interrogation of the bill recommenced as the Legislative Council considered the bill in committee of the whole council.
Sue Ellery, the government’s leader in the upper house, announced that the government would be putting forward a motion to use the standing order that allows for a bill to be classed as urgent legislation.
The move limits the amount of time that the council can consider the legislation, and it will progress to a third reading on Wednesday.
“It will become one of the top five longest debates that we will have had during this term of Parliament.” Ellery said. “Sixteen hours is a reasonable period to deal with this bill, and that is why I am moving this way.”
The move, which Ellery’s office had flagged with the opposition and crossbenchers earlier in the day, angered many of the non-government MPs.
“It is yet another example of the government using its massive majority to the detriment of the conventions of the Legislative Council. I am very disappointed.” said the Liberal’s Peter Collier.
Dr Brian Walker from Legalise Cannabis WA questioned if there was a genuine need to declare the bill urgently needed legislation.
“The urgency here is that the government wants to get more of its stuff through, so it is not, by definition, going to allow those who have questions to ask them, which actually undermines the very purpose of this chamber.” he said.
“Are we coming to a phase when dealing properly with proposed legislation is going to be a luxury afforded only to the people who have decided it is going to be a good bill and they can pass it through in the face of serious questions from others who may have a different opinion?” Dr Walker said, adding that in his view the government’s action went against the “essence of democracy”.
Wilson Tucker from Daylight Savings WA also voiced his opposition to the move.
“I do not think the government’s agenda should get in the way of having a wholesome and meaningful debate on this very important piece of legislation.” Tucker told the chamber.
Liberal Nick Goiran also delivered a scathing assessment of the government’s tactic.
“It is authoritarian. It is unreasonable. It is inconsistent, and it is improper. It is totally unnecessary to have this motion before us.” Goiran said.
“One has to wonder why we even bother having a Parliament at all.” he added, noting that Labor had refused to send the bill to review by a parliamentary committee.
The motion to limit the debate was passed with the government using its majority in the Legislative Council.
WA spokesperson for Just.Equal Australia, Brian Greig, denounced the move as “outrageous.”
“The Government has deliberately dragged its feet on this legislation for years – now suddenly it’s urgent! Clearly this is only being done to block any amendments and shut down debate that exposes the flaws in the bill.”
Greig has previously criticised the legislation as “retrograde”, because it falls short of existing interstate acts, and replicates a ‘medical model’ of identity by not allowing those who are gender diverse to self-identify.
“Rather than accept the bill is flawed and needs improving, seemingly the Government would rather censor any attempt to remedy it by silencing its critics.
“Everyone committed to LGBTIQA+ law reform should contact their nearest Government MP and insist that sensible amendments which bring this bill up to the quality in other states be debated and voted on.” Greig said.
Alex Wallace from Queer Liberation Boorloo also condemned the move.
“Instead of boldly speaking up against the transphobia of TERFs and conservatives in Parliament, the Government has decided to gag debate on gender recognition reforms.
“As a result, they have silenced the trans and gender-diverse community of WA who sought the Government’s support of community-backed amendments through the crossbench.
“These simple amendments would’ve brought legislation into line with the recommendations of TransFolk of WA and Rainbow Futures WA, and it’s disappointing to see the Government is ignoring the community’s position on the Bill.” Wallace said.
Peter Abetz, WA director of the Australian Christian Lobby was also alarmed by the government’s move saying it could “only be described as a bullish display of arrogance.”
“The government is unable to explain why they believe legislation to allow any person of any age to change the sex on their birth certificate is being rammed through Parliament without normal scrutiny.” Abetz said in an email to supporters.
He also urged his followers to contact their local MP and members of the Legislative Council.
