Daniel Andrews government’s ‘flawed’ pandemic policy in limbo

Premier Daniel Andrews has refused to say whether his government will change its pandemic policy after losing a political numbers game.

Victorian Premier Daniel Andrews has dodged questions about changing the government’s “flawed” pandemic policy after conceding it “does not have the numbers to pass the controversial laws.

Addressing parliament on Thursday, Mr Andrews said the government would “engage in good faith” with Legislative Council members after MPs successfully delayed debate of the Bill.

It comes after disgraced former Labor MP Adem Somyurek revealed he would return to parliament to block the Bill.

Mr Somyurek quit Labor last year before he could be expelled following a Nine Network investigation that caught him handing over cash and using parliamentary staff to allegedly create fake branch members.

He told the Herald Sun on Wednesday night that the proposed laws gave “too much power to the government” and could lead to a “tyranny of rule by decree”.

The vote was scheduled for Thursday, with the government confident it would win the upper house vote after securing the support of three crossbench MPs on Monday.

BREAKING:  The government’s pandemic Bill is in disarray with former minister Adem Somyurek revealing he will return to parliament to block it because it gives “too much power to the government”. As it stands, the government can't get the numbers to pass the Bill. #springst

— Shannon Deery (@s_deery) November 17, 2021

Adem Somyurek has revealed he will block the pandemic Bill. Picture: NCA NewsWire / David Geraghty

But Mr Somyurek’s decision would mean the government would fall short of a majority, provided the eight other crossbenchers – who had already committed to opposing the Bill – voted against it.

In that scenario, the Bill will fail.

The new laws – which would give the Premier the power to declare a pandemic on the advice of the chief health officer and Health Minister – were pushed through the lower house last month.

Mr Andrews on Thursday conceded the government did not have the numbers to push the new laws through.

“We don’t have the numbers in the upper house, we’ll just do our normal thing which is to work with everybody and try and get an outcome that keeps us safe,” he told reporters.

“I don’t know whether this matter will get resolved today, tonight or tomorrow – we’ll have to wait and see.”

Without the legislation, government officials won’t be able to impose lockdowns, limits on movement or mandatory mask-wearing rules once the state of emergency expires on December 15.

“Some rules will be very important with how we treat and protect and safeguard people who have the virus,” Mr Andrews said.

“If not, we lose our power, we lose our ability to guarantee that.”

Victorian Premier Daniel Andrews has continuously defended his proposed pandemic Bill. Picture: NCA NewsWire / Andrew Henshaw

During question time on Thursday, Mr Andrews was asked whether he would rewrite his “flawed pandemic policy” to improve parliamentary oversight.

“In general terms we will engage in good faith with all of those legislative councillors who genuinely tend to work with the government,” he said.

“We want a set of arrangements that lock in the incredible thing that Victorians have built, the thing that they should be most proud of.

“These legislative frameworks, these policy proposals, they are here to keep us safe. It will be up to each and every legislative councillor as they move through those arrangements, policy or legislation line by line.”

Protesters are continuing to rally against the government’s pandemic bill.

The Bill had been expected to narrowly pass with support from three crossbenchers — Reason Party MP Fiona Patten, Animal Justice Party MP Andy Meddick and the Greens’ Samantha Ratnam.

Outside parliament, Ms Patten said the government was in a precarious situation with the state of emergency ending and no other pandemic protections in place.

“Without this legislation, we will require a state of emergency legislation, which is far more draconian than the legislation we were trying to put through,” Ms Patten said.

Ms Patten used the opportunity to question Ms Somyurek’s motives.

“He has always been a backroom party man. He barely remembers the names of the people in the chamber. The fact that he's now showing some interest in democracy and in policy I find somewhat disingenuous,” she said.

“Who knew that parliament could be used for such exacting revenge on former colleagues?”

Reason Party leader Fiona Patten said the government was in a precarious situation.

Debate on the bill is due to resume on Thursday in the upper house but has been adjourned while the government considers a new approach.

Opposition leader Matthew Guy said he was open to working with the government to produce a “sensible piece of legislation”.

“I am perplexed the government negotiated with just three of 23 (upper house) MPs for the best part of nine months – it was always going to end in tears,” Mr Guy said.

“The bill is dangerous and it does give too much power to the government and it is clear now that the government does need to go back to the drawing board.

“Now is the time to sit down and work out a reasonable solution that Victoria needs to be to get us through the remainder of the pandemic.”

Protesters have “occupied Spring St” amid debate on the legislation this week.

With debate on the bill expected to go late into the night, leading lawyers urged MPs to use the voting delay to “get it right”.

“As the Law Institute of Victoria has said from the outset, there needs to be independent oversight and scrutiny of the powers conferred in the bill,” its president Tania Wolff said.

“There also needs to be provision for accessible merits review of detention orders.

“We encourage members of parliament to use this opportunity to make the Bill fit for purpose, not just for now, but the future, for the benefit of all Victorians.”

The group has previously recommended 32 changes to the bill.

While the institute acknowledged proposed amendments to the bill announced earlier this week, it maintained more needed to be done.

Originally published as Daniel Andrews government’s ‘flawed’ pandemic policy in limbo