Coronavirus: Base laws on expert advice or else, Daniel Andrews told

Adem Somyurek has threatened to vote against Andrews government pandemic legislation unless it is the result of ‘collective and transparent decision-making’.

Victorian Premier Daniel Andrews in question time on Tuesday, before his government was to face a vote of no confidence. Picture: David Geraghty

Former Labor powerbroker Adem Somyurek has threatened to vote against Andrews government pandemic legislation unless it is the result of “collective and transparent decision-making” and based on “expert advice based on evidence”.

The move is a blow to Premier Daniel Andrews a day after his ­departmental secretary Chris ­Eccles resigned, and just over a fortnight after the resignation of Jenny Mikakos as health minister.

The threat from the former ­cabinet minister, who sits on the Legislative Council crossbench after being expelled from the ALP earlier this year amid a branch-stacking scandal, came as the ­Andrews government faced a vote of no confidence in the lower house, and as it was expected to narrowly win a vote on an opposition upper house amendment that would have seen Melbourne’s 5km travel limit abolished.

The amendment applied to the government’s COVID-19 Emergency Powers Omnibus Bill, which was expected to pass the upper house after Labor was forced to dump clauses which would have allowed any person the Department of Health and Human Services deemed appropriate to become an “authorised officer”, and enabled authorised officers to detain people in the ­belief they were unlikely to comply with emergency directions.

Mr Somyurek indicated he would abstain from the vote, as one of 12 crossbenchers in a 40-seat chamber where Labor holds 17 seats and the Coalition 11.

However, he tweeted a warning regarding similar legislation in ­future: “Any further introduction of measures to curtail civil liberties must adhere to the following criteria: collective and transparent decision-making, expert advice based on evidence (and) proportionate response. Otherwise I will vote against. Cabinet gov(ernment) will help achieve this.”

In a recent opinion piece for the Herald Sun newspaper, Mr Somyurek blamed Mr Andrews’ failure to “comply with a proper cabinet process” for the bungled hotel quarantine program.

Meanwhile in the lower house, Mr Andrews was so confident of surviving a motion of no confidence in his government over its handling of the coronavirus pandemic that he left his deputy, James Merlino, to respond to the Coalition proposal.

Given Labor holds 55 of 88 seats in the lower house, the move by Opposition Leader Michael O’Brien was only ever likely to have symbolic value, despite ­debate continuing into Tuesday evening, and many Labor MPs and members privately expressing dissatisfaction with the Premier’s leadership.

The moves came as Mr Andrews maintained he had confidence in retired judge Jennifer Coate’s capacity to “provide a thorough and detailed report” on the decisions that led to a second wave of coronavirus, which has so far killed 792 people, despite her inquiry failing to request key phone records until this ­weekend, following weeks of ­extensive media coverage of the issue.