Coalition backs Pauline Hanson on live-exports ban appeal

The Coalition has voted for a One Nation motion calling to ‘rule out appealing’ against the Federal Cou­rt’s decision on the 2011 live-exports cattle ban.

One Nation senator Pauline Hanson.

The Coalition has voted for a One Nation motion calling on the ­government to “rule out appealing” against the Federal Cou­rt’s landmark decision on the 2011 live-exports cattle ban, despite Attorney-General Christian Porter still considering his options.

In an outcome that may have surprised Mr Porter, who has concerns about letting the judgment stand, Liberal ministers and backbenchers joined with their Nationals colleagues to support the motion.

The Federal Court this month found former Labor agriculture minister Joe Ludwig committed misfeasance in public office by introducing­ the temporary cattle ban. The motion passed the Senate 30-28, with Labor, the Greens and the Centre Alliance opposed.

It read that the Senate: “Notes that the 2011 Gillard government decision to suspend live exports: (a)(i) gravely affected the live-export­ industry, and; (ii) was de­clared invalid by the Federal Court earlier in June; and (b) calls on the federal government to rule out appealing the Federal Court.”

The Nationals, who have no cabinet ministers in the Senate, had already decided to support the motion but did not expect Libera­l colleagues to join them.

Nationals senator Matthew Canavan told The Australian: “It’s the government’s call but this vote surely has expressed the strong view from the Coalition that an appeal would be an injustice. The best way we can remedy the harm caused by the commonwealth government nine years ago would be to let this matter lie.”

Mr Porter acknowledged on Tuesday that former agriculture minister Mr Ludwig made a ­“terrible decision” but said he wanted to make sure the judgment could not be used against farmers­, the “very people we’re trying to protect”.

Deputy manager of government business in the Senate, Jonathon Duniam, told the chamber no decision on the future of the litigation would be made until after the Federal Court’s June 29 hearing to make final orders, includin­g orders for damages. “Given the risk this decision could establish a precedent that could be weaponised against the live-export industry, the responsible course of action is for the government to seek further advice­ before making determinations with respect to the future of this litigation,” Senator Duniam said.

“The government sympathises with the sentiment behind this motion. Labor’s decision to ban the live-export trade caused enormous and unwarranted dam­age to the industry and individuals. ”

Government sources noted that the motion had no practical effect.