Two federal Labor MPs with opposite views on euthanasia are moving to overturn restrictions on the ACT and Northern Territory legalising assisted dying, after the Senate voted against it.
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Andrew Leigh from the ACT and Luke Gosling from the Northern Territory are co-sponsoring a bill to restore the right of territories to legislate on euthanasia.
Dr Leigh supports euthanasia while Mr Gosling opposes it.
"But both of us - and all our ALP territory colleagues - believe it's about territory rights," Dr Leigh said.
Liberal Democrats senator David Leyonhjelm's private member's bill to restore their rights to legislate on assisted dying was narrowly defeated in the upper house on Wednesday.
Despite Senator Leyonhjelm's confidence he had the numbers for the bill to pass, senators voted 36-34 against.
He had accused the prime minister of reneging on a deal to allow the bill to be debated on in both chambers of parliament in return for voting in favour of re-establishing the construction watchdog.
The bill's defeat eases pressure on Prime Minister Malcolm Turnbull to allow the deeply divisive issue to be debated and voted on in the lower house.
But the private member's bill brought forward by Dr Leigh and Ms Gosling could offer advocates of restoring territory rights an alternative path forward.
Cabinet ministers in the upper house were divided on the issue after both major parties were given a conscience vote.
Government Senate leader Mathias Cormann opposed the legislation, while fellow senior ministers Simon Birmingham and Marise Payne voted in favour.
Labor was also split with a number of Shop, Distributive and Allied Employees' Association-linked senators voting against the bill, as did Pat Dodson.
Senator Leyonhjelm said public opinion was in favour of legalising voluntary euthanasia.
"The fact we don't have assisted suicide in this country shows a serious flaw in our democracy," he told parliament.
But he praised the tone of the debate, saying it was a demonstration of individual honesty not seen in parliament for some time.
There was a number of emotional reflections, referring to the deaths of terminally ill loved ones.
While some remembered painful farewells and wished assisted suicide had been an option, other senators believed the risks of allowing voluntary euthanasia were too great.
NT Opposition Leader Gary Higgins said he was extremely disappointed the bill was lost.
Australian Associated Press