Medivac Bill passes and draws clear battlelines between Coalition Government and Labor Opposition

Kerryn Phelps was all smiles after consigning the Morrison government to a historic loss on the floor of the House of Representatives with Labor’s full backing on Tuesday.

• Analysis: Resolute PM draws election battleline
• PM slams Shorten after historic defeat

Kerryn Phelps beamed after joining with Labor, the crossbenchers and the Greens to inflict a historic defeat of the government on the floor of the House of Representatives on Tuesday night.

Doctors will now have a greater say in when asylum seekers on Nauru and Manus Island are to be medevaced to Australia with the result of the vote setting up a dramatic election contest over border security.

The humiliating 75-74 defeat is the first time a government has lost a vote on substantive legislation in the House of Representatives since 1929.

Crossbench MPs Kerryn Phelps, Julia Banks and Rebekha Sharkie react after the passing of the Medevac Bill on Tuesday. Picture: AAP

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Clapping rang out from the chamber with Phelps embracing Liberal turncoat Julia Banks and independent Rebekha Sharkie, who both voted for the bill.

But the victory comes with high stakes for Labor, who will now be blamed if a single boat of asylum seekers tries to get to Australia between now and the election.

Prime Minister Scott Morrison warned on Tuesday night that Opposition Leader Bill Shorten’s actions ran “the very real risk” of seeing the “boats run again”.

“Every arrival is on Bill Shorten’s head,” he warned.

Independents applaud: L-R: Cathy McGowan, Adam Bandt, Andrew Wilkie, Kerryn Phelps, Julia Banks and Rebekha Sharkie celebrate passing the Medevac Bill. Picture: Getty

Home Affairs Minister Peter Dutton and Immigration Minister David Coleman were holding urgent security meetings with border protection and security bosses and department secretary Mike Pezzullo as Mr Morrison issued the stern warning.

Key advice already given to the government was that it will need to reopen the Christmas Island detention centre to deal with the sudden influx expected of asylum seeker arrivals and it is understood this is part of activation of contingency plans under consideration.

Prime Minister Scott Morrison issued a stern warning to Labor Leader Bill Shorten. Picture: AAP

Mr Shorten — despite his parliamentary victory — chose not to front the media but instead sent frontbenchers Tony Burke and Anthony Albanese, who would not rule out bringing forward a no-confidence motion in the government.

Mr Shorten told parliament the legislation he helped pass “gets the balance right”.

“I believe we can keep our borders secure, we can uphold national security, but still treat people humanely,” he said.

The government now faces a newly emboldened Labor, who have already signalled they may try to use power on the floor of the house to force extra sitting weeks in March.

Opposition Leader Bill Shorten said he believed the bill struck the right balance. Picture: Getty

Mr Morrison said he did not view the loss of the vote as a loss of confidence in his government and rejected calls for a snap election.

“These are not matters that go to issues of confidence and I don’t consider them in those terms,” he said.

“(This) government has never put them in those terms and the independent members who voted on this bill this evening did not consider them in those terms.

“The Australian people will have opportunity to decide, on not only these issues, in May … whether they want the stronger border protection policies of the Liberal and National Party or they want the weaker border protection policies of the Labor Party and in 2001 and in 2013, I thought they sent a very clear message.”

Mr Shorten had spent the morning desperately trying the shore up agreement with the Greens and crossbench on bill a day after he’d capitulated to government pressure over security warnings and agreed to amendments.

Under the changes agreed the minister would have 72 hours to intervene and was able to reject transfers on character grounds where refugees were convicted offenders who had served 12 months in jail.

The day of high drama peaked when the Coalition made a desperate attempt to stop the medevac bill from passing with the presentation of legal advice that the legislation was unconstitutional.

Speaker Tony Smith advised just after Question Time that Attorney-General Christian Porter had provided the Solicitor General’s advice, which found the amendments to the bill contravened sections 53 and 56 of the constitution.

How the Medevac Bill will work.

The amendments, which were made in the Senate, established an independent Health Advice Panel who would be paid — but section 53 requires finance bills to originate in the lower house.

Mr Smith ignored Mr Porter’s specific request that he keep the Solicitor General’s legal advice confidential and also overruled his suggestion that the amendments were immediately thrown out.

“As Speaker, it is important that I ensure in this instance all material available to me is also available to all members of the House,” he told the parliament.