Bill Shorten in backdown on borders

Bill Shorten secures support from Labor caucus for a retreat on the refugee medivac bill reopening factional splits on border protection.

Leader of the Opposition Bill Shorten. Picture: AAP

Bill Shorten has secured support from the Labor caucus for a retreat on the refugee medivac bill, amid ­concerns the draft laws championed by Kerryn Phelps could lead to the dismantling of offshore processing and allow Scott Morrison to fight the next election on national security.

After backing the laws through the ­Senate last year, the Labor caucus last night endorsed key amendments, aimed at strengthening ministerial oversight of doctor-ordered refugee medical transfers.

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But the Prime Minister moved to set up a parliamentary ­showdown for today, ruling out government support for the medivac legislation backed by independents and the Greens “in any form”, making clear he would not be concerned by a historic defeat on the floor of the House of Representatives.

He warned the bill would compromise government control over who entered Australia, take the nation “backwards” and risk thousands of lives at sea.

“It’s not who wins or loses a vote,” Mr Morrison said.

“The only test is: will Bill Shorten cave in and undermine our border protection by passing this bill in any form?”

The possibility of a split ­between the major parties over tough new terrorism laws also emerged last night.

Penny Wong told Labor MPs that the opposition was “likely to issue a dissenting report” against a bill that would strengthen the government’s ability to cancel the citizenship of dual nationals who had been convicted of terrorism offences. The bill would remove the requirement for a person to be sentenced to at least six years imprisonment in order to be eligible for the stripping of their Australian citizenship.

The government’s legislation was referred to the parliamentary joint committee on intelligence and security last November. This would be the first time Labor members of the committee have issued a dissenting report, setting up another pre-election battle with Mr Morrison over national security.

Labor’s backdown on the medivac bill has reopened factional splits over border protection after it passed through the partyroom without a vote.

The Australian understands left-wing MP Andrew Giles spoke out against the amendments, saying that Labor should not support leaving sick people on Manus and Nauru, and back the medivac bill without further changes.

A right-wing Labor MP doubted that the amendments would secure the support of the crossbench and described the process as “messy”.

The Coalition will oppose all of Labor’s amendments, meaning the opposition will need six of the seven crossbenchers for the overhaul to succeed in the lower house. North Queensland MP Bob Katter has said he will vote against the bill.

Greens MP Adam Bandt voiced his disappointment at Labor’s change in position.

The Greens will meet this morning to discuss their position but are understood to be concerned that Labor’s changes, which could be debated in the lower house as soon as today, will render the shake-up ineffective.

“I am angry that Labor is once again caving in when it comes to refugees,” Mr Bandt said.

Following security briefings from the Department of Home ­Affairs and Australian Border Force, Mr Shorten yesterday ­settled on three principles aimed at toughening the medivac bill. They included broadening the definition of national security — which presently includes ­espionage, sabotage and attacks on defence assets — to cover ­serious crimes.

Despite claiming that ministerial oversight of refugee transfers was guaranteed, Labor last night agreed to give the minister greater discretion to reject proposed medivacs on character grounds. Advice to government from ­intelligence agencies and the ­Australian Government Solicitor has warned that the minister would be powerless to prevent medical transfers for those convicted of serious offences, including rape and murder.

The ALP caucus last night also agreed that the new medical transfer laws be limited and apply only to those currently being held on Manus and Nauru. It would not apply to new arrivals. Labor sources said this was a non-negotiable position that would be a key factor in addressing concerns that the medivac bill would restart the people-smuggling industry.

Labor would also either abolish or extend the 24-hour period for ministerial consideration of candidates for medical evacuation.

In December, Labor senators supported the medivac bill through the upper house.

The bill was designed to hand doctors ­vastly enhanced powers to decide which asylum-seekers or refugees could be brought to Australia

Mr Morrison yesterday used an address to the National Press Club in Canberra to criticise the medivac bill as a step that would take Australia “backwards” and compromise government control over borders by empowering doctors. “The Australian government will run our borders,” Mr Morrison said. “That’s who will run our borders under our government and that’s how it will always be under our government. This is the problem with Bill Shorten on national security, on borders or anything else. He thinks it’s something you trade on. He says; ‘Oh, let’s find the middle ground.’ No, no, I’m going to stand on the right ground.

Crossbenchers including Dr Phelps did not rule out supporting an amendment to give the ­immigration minister complete discretion.

“Until we receive anything we can’t consider (it),” Dr Phelps’ spokesman said.

ADDITIONAL REPORTING: JOE KELLY