Why Labor may rue medivac bill win
There were two questions before the House of Representatives on Tuesday — one of principle and one of policy. James Campbell explains how Labor may ultimately end up ruing its victories in both of them.
James Campbell
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There were two questions before the House of Representatives on Tuesday — one of principle and one of policy.
And though Hansard will record that the government lost both of them, Labor may ultimately end up ruing its victory.
In the short term, the government’s defeat on the floor of the House means the Senate’s changes to offshore processing will now become law after they return to that chamber on Wednesday.
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For the past five years under Bill Shorten, Labor has been desperate to be seen to be in lock-step with the Coalition on boats.
Now with election victory in sight the ALP has gambled that the public mood has changed and thrown its lot in with the Greens and independents.
In doing so it has handed Scott Morrison an election issue. The government cannot believe its luck.
And while it might not be enough to save it before May, if the boats start again under Labor’s watch it will be a disaster for a first-term government from which it may not recover.
So much for policy.
The principle at hand was whether parliament should be able to appropriate money over the objections of the government.
Under the Westminster system parliament can only spend money if the executive — through the Crown — agrees.
It’s what saves us from being like the United States where Congress can appropriate money for anything it likes.
Presented with clear advice from the Solicitor-General — advice the Opposition did not dispute — that this Bill would have trashed the constitution and convention, Labor pressed on anyway.
It argued that by amending its changes so that its medical tribunal wouldn’t be paid, it got around the constitutional objection.
It’s a clever but figleaf argument. The tribunal’s members may not be paid but it won’t operate for free.
One day Labor will be a minority government and the Senate may pull a stunt like this.
And on that day they will regret setting this precedent.
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