Rape stalemate threat to Scott Morrison’s agenda

The IR bill faces delays as key crossbenchers call for a vote to be shelved, and back an ­inquiry into Christian Porter rape claims.

Prime Minister Scott Morrison. Picture: Getty Images

Scott Morrison’s industrial relations bill faces months of delay as key crossbenchers call for a planned March vote on the reforms to be shelved in the wake of rape claims against Christian Porter, and backed an independent ­inquiry into the allegations.

South Australian senator Rex Patrick said on Friday he supported an independent investigation into the allegations against Mr Porter and called for him to stand aside while the probe occurred.

He said the government had “no chance” of getting its industrial relations bill passed in the week starting March 15, given Mr Porter’s current absence and the state of negotiations between the Coalition and the crossbench over the changes.

Mr Porter, as Industrial Relations Minister, has been spearheading negotiations on the bill, a task that will now fall to senator Michaelia Cash who has taken on his responsibilities while he takes a leave of absence to address mental health issues.

Jacqui Lambie also backed a probe into the claims against Mr Porter and said the government should drop its plans for the Senate to vote on the bill in the sitting week starting March 15.

The government needs three out of five crossbench votes to get the workplace policy changes passed through the Senate.

Senator Patrick and Senator Lambie said a vote on the bill, which will be subject to an upper house inquiry report due next Friday, should be delayed until at least May.

A third crossbencher, Stirling Griff, said there was “absolutely no chance the bill would get through in its current form” and he suspected the government might introduce it into the Senate as expected but not bring it to a vote in March.

Scott Morrison is standing by Mr Porter and insists the country “should be able to move on” after the Attorney-General identified himself as the cabinet minister at the centre of the historical rape ­allegation.

Senator Rex Patrick has backed calls for a probe into allegations against Christian Porter. Picture: Sean Davey

The Prime Minister said on Friday he would support a coronial inquest into the death of the Adelaide woman who alleged she was raped by Mr Porter more than 30 years ago and had “no doubt” the Attorney-General would co-­operate, if required.

NSW Police said its investigation into the matter had been closed due to insufficient admissible evidence but there are mounting calls for an independent inquiry. Anthony Albanese said: “The nation requires a response.”

South Australian coroner David Whittle has not decided whether to hold an inquest into the alleged victim’s death, the cause and circumstances of which are being investigated by the state’s police.

The woman committed suicide in June last year, a day after ­informing NSW Police she did not wish to proceed with making a ­formal statement about the rape allegations. “The issue as to whether there is a coronial inquiry in South Australia is entirely a matter for the South Australian coroner,” Mr Morrison said.

“And if they chose to go ahead with that then, of course, I would welcome that. But it would be highly inappropriate for me as Prime Minister or any other politician to interfere or intervene in a decision that a coroner should properly make about those issues.

“The coronial inquiry would be into the rather terrible events with the death by suicide of the woman at the centre of this. And if the coroner sought that then I have no doubt that the Attorney-General would co-operate with any coronial process.”

Senator Lambie said she would support either a coronial inquest or independent inquiry — “whatever gets to the bottom of this”.

Key crossbench Senator Jacqui Lambie. Picture: Getty Images

Asked if she supported an ­investigation into the rape allegations, Senator Lambie told ABC radio she would back an independent inquiry with full powers if “that needs to be done”.

Senator Patrick said Mr Porter was entitled to the presumption of innocence over the rape allegations, but he should stand down during an inquiry given the cabinet position he held and the seriousness of the allegations.

He said that if there were any changes to the industrial relations bill agreed between the government and One Nation, he would want to consult with unions and employers about them.

Senator Griff said there was no charge nor an inference that Mr Porter had “undertaken any inappropriate activity relating to his parliamentary function and hence would fall under the purview of the parliament”.

“If there were, I would support an investigation,” he said.

Civil and actual or potential criminal matters should be dealt with by the courts and police, Senator Griff added.

While it was the government’s prerogative to bring any bill on at any time, he said, there was “still some way to go before there is any general agreement on some of the IR components”.

“There is absolutely no chance it would get through in its current form,” Senator Griff said.

One Nation, which holds the remaining two Senate crossbench votes, said the bill should be brought on by March 17 “at the latest so we can debate and deal with it”.

“The government has a cabinet and the Attorney-General’s Department has staff to manage carriage of this bill,” One Nation senator Malcolm Roberts said.

“Good government should be able to withstand the temporary loss of a minister due to health reasons. There isn’t much time with the bill coming out of committee and the debate scheduled on the next day. So that may be a reason to delay for a couple of days but not delayed due to Porter’s absence to May.”

Senator Stirling Griff. Picture: Roy VanDerVegt

One Nation Senator Malcolm Roberts. Picture: AAP

Senator Roberts said he would support a coronial inquiry if recommended by police or the ­judiciary, but did not support an investigation into Mr Porter.

A spokesman for Senator Cash said the government remained committed to passage of the bill at the earliest opportunity.

“This bill includes important reforms for Australia’s economic recovery that both employers and employees will benefit greatly from, including the productivity growth, higher wages and jobs that this Bill will encourage,” the spokesman said.

Mr Albanese said there were precedents for MPs to appear ­before inquiries for conduct that occurred before they entered parliament, pointing to former Labor prime minister Julia Gillard’s evidence to the Dyson Heydon trade union royal commission.

Mr Morrison has already lost his working majority on the floor of the House of Representatives and has to rely on the support of the Speaker in the case of a tied vote, after rebel MP Craig Kelly defected from the Liberal Party to the crossbench. He would be plunged into minority government if another lower house MPs decided to quit parliament.