PoliticsNow: PM lashes Labor on medivac after refugee transfer bill passes house
PoliticsNow | Morrison condemned Shorten as “weak” on national security after the government’s historic defeat in the House of Representatives.
- PM lashes Labor
- Border bill battle lost
- Medivac bill ‘Shorten’s mess’
- Husar no show at parliament
- Greens reject Labor’s medivac changes
- Bandt blasts Labor’s amendments
Hello and welcome to PoliticsNow, The Australian’s live blog on the happenings at Parliament House in Canberra.
Top story: Legal advice may kill medivac bill
Ben Packham 7.55pm: Australia back on map for people smugglers: Dutton
Scott Morrison condemned Bill Shorten as “weak” on national security and unable to protect the nation’s borders, after Labor and the crossbench inflicted a historic defeat of the government in the House of Representatives by forcing through a bill to hand doctors greater powers to order medivacs of refugees from Papua New Guinea and Nauru to Australia.
Security agencies were putting in place contingency plans last night to “mitigate” the impact of a Labor-backed medivac bill set to become law after a final Senate vote today, with the Prime Minister declaring he would abide by the changes, despite warning they would undermine the success of Operation Sovereign Borders.
“The Australian people have looked at Bill Shorten today and they have found him weak, and he is,” Mr Morrison said tonight.
Mr Morrison said there was a “very real risk” that the passage of the bill would restart the flow of asylum boats, “and believe me, every arrival is on Bill Shorten and Labor’s head”.
“My job now is to work with our border protection and security agencies to do everything in my power to mitigate the damaging impact of what Labor have done tonight,” he said.
Home Affairs Minister Peter Dutton and Immigration Minister David Coleman last night met with Border Protection Command to work through contingency plans that had been prepared in case the bill passed.
Mr Dutton said he believed the passage of the bill would restart the flow of asylum boats to Australia.
“This puts Australia back on the map for people smugglers, and Bill Shorten has that on his shoulders,” he told the ABC’s 730 program.
The Prime Minister said he did not consider the historic House of Representatives defeat on the Kerryn Phelps-inspired bill to be a vote of no confidence in his government, and he would not call an early election.
The Prime Ministers said he would also not stand in the way of the bill receiving royal assent, and had not raised the matter with Governor-General Peter Cosgrove.
The loss by the government of the House of Representatives vote was the first since 1941. But Mr Morrison said he had no intention of going to the polls.
But opposition frontbencher Tony Burke said denied the bill sent a signal to people smugglers, declaring the government would be responsible if boats started to arrive once again.
“The only signal that will go there is if the government decides they will trumpet up one. That would be irresponsible and I hope they don’t do it,” Mr Burke said.
He said Labor would not treat the vote as one of no confidence in the government, but urged the Prime Minister “to reflect” on whether he considered the bill one that was “of vital importance” to his government.
Mr Morrison said he did not, avoiding the phrase which would according to House of Representatives Practice elevate the matter to an effective no-confidence vote in his government.
Debbie Schipp 7.10pm: PM lashes Labor
Prime Minister Scott Morrison says the medivac legislation vote is “proof positive” Labor does not “have the mettle” to lead the nation.
At at a press conference in the wake of the medivac legislation being passed, Mr Morrison said Labor had voted to “abolish offshore processing as we know it”.
“Every arrival is on Bill Shorten’s head”, he said, adding Labor had weakened border protection “even in opposition”
“What happened in the parliament tonight, is proof-positive that Bill Shorten and the Labor Party do not understand what is necessary to ensure Australia’s border protection framework can be managed by Labor,” Mr Morrison said.
“They have demonstrated, yet again, that they just don’t understand how to protect Australia’s borders. The importance of the outcome of protecting those borders is to ensure we avoid the human carnage of what we saw last time Labor had this opportunity.
“I made it very clear that the Liberal and Nationals Parties would not be budging when it came to the issue of border protection in this country.
“We have had to clean up this mess twice. The Labor Party, when they have the opportunity, only break what has been fixed and they have been demonstrating that again tonight in the parliament.”
“The Minister for Home Affairs and Minister for Immigration, Citizenship and Multicultural Affairs are meeting now with our Border Protection Command to work through the contingency planning that we have been putting in place for this outcome.
“This outcome was not unexpected to me and, as a result, we have been putting contingency planning in place and I’ll have more announcements to make about the actions and decisions the Government will be taking to address now the risk and the threat that Labor and Bill Shorten have created.”
.@ScottMorrisonMP : What happened in the parliament tonight, is proof-positive that @billshortenmp and the Labor Party do not understand what is necessary to ensure Australia's border protection framework can be managed by Labor.
— Sky News Australia (@SkyNewsAust) February 12, 2019
MORE: https://t.co/iZK6g5ClTE pic.twitter.com/wQeatlEcZ1
Richard Ferguson 6.14pm: Border bill battle loss
Scott Morrison has suffered a historic loss on the floor of the House of Representatives, with the House voting 75-74 to back the medivacs legislation.
It is the first time the government has lost on the House floor on a key vote of legislation since 1941.
Labor and six crossbench MPs formed a simple majority in the House to pass the legislation.
The Prime Minister has repeatedly said the bill would undermine Australia’s border security.
BREAKING: Parliament has voted for Bill Shorten’s amended motion on medical transfers 75 votes to 74. Cheers and applause from the public gallery and the cross bench voting in favour. @SkyNewsAust
— James O'Doherty (@jmodoh) February 12, 2019
Primrose Riordan 6.40pm: Encryption law amendments
Liberal MP Andrew Hastie, the chair of parliament’s intelligence committee, has said further amendments to new laws designed to give authorities greater access to messages sent via encrypted apps will be introduced to parliament tomorrow.
Labor’s Mark Dreyfus then delivered a speech very critical of the laws and aid the opposition will refer them to a committee to assess their economic impact.
He said at the moment the laws allowed police to demand access to an “innocent person’s” device without a warrant.
Richard Ferguson 6.01pm: Labor has ‘failed the test’: Morrison
Scott Morrison says Labor has “failed the test” on border security with the medivacs amendments.
“There is no form of this bill, no form of this bill, that does not weaken our borders,” he says.
“We urge this House not to undo what is not broken.
“The Labor Party can win as many votes in this House as they like … they are failing the test of mettle, they failing the test of duty to the Australian people.
“This is now on your head, Leader of the Opposition.”
Richard Ferguson 5.55pm: Shorten: This gets the balance right
Bill Shorten is now speaking on why the medivacs amendments should be agreed to.
“The Prime Minister said this was superfluous … now he’s saying it’s unconstitutional,” the Opposition Leader says.
“The Australian people do not send us to run and hide from debates we don’t like … this legislation gets the balance right.”
Richard Ferguson 5.50pm: Vote will proceed
Scott Morrison and Attorney General Christian Porter have failed to stop the medivacs legislation being voted on in the House of Representatives today.
The House voted 75-74 to agree to manager of opposition business Tony Burke’s amendments to a government motion, calling on an immediate vote.
Leader of the House Christopher Pyne is now moving that the medivacs amendments from the Senate be disagreed to.
Richard Ferguson 5.40pm: Vote to consider Burke’s amendments
The House has voted to consider manager of opposition business Tony Burke’s amendments to the government’s motion.
They will now vote whether to accept those amendments, which would bring on a vote on the medivacs legislation.
Richard Ferguson 5.30pm: ‘This must be dealt with now: Bandt
Greens MP Adam Bandt is seconding the opposition’s motion to bring on a vote on the medivacs legislation.
“This must be dealt with now … people are sick,” he says.
Richard Ferguson 5.25pm: Howard government made similar move: Burke
Manager of opposition business Tony Burke says Labor will amend the legislation to ensure doctors on an independent medivacs panel will not be remunerated.
Mr Burke says this would ensure the legislation is not a money bill and therefore there would no constitutional issues.
He also says the bill would not be unconstitutional either way, as the Howard Government made a similar move in November 1996.
Richard Ferguson 5.15pm: ‘It is up to this parliament,’ Porter argues
Attorney General Christian Porter is making his argument in the House of Representatives on why the medivacs legislation is unconstitutional, due to being a money bill originating in the Senate.
“The amendments appropriate money and this point is inarguable,” he says.
“It is not the High Court that decides whether be abide by the Constitution … it is up to this parliament.
“It’s our responsibility and ours alone.”
Richard Ferguson 5.10pm: Bill ‘in the hands of the House’
Speaker Tony Smith is now addressing the Attorney General and Solicitor-General’s advice that the medivac legislation is unconstitutional.
He says he will leave it in the hands on the House of Representatives on whether it wants to proceed with the bill.
Constitutional expert Anne Twomey: If the government asserts this is a money bill and the House votes for that bill, that could be an indication that the government has lost control of Parliament.
— Sky News Australia (@SkyNewsAust) February 12, 2019
MORE: https://t.co/qCXdYiVj4C #speers pic.twitter.com/BfzrLYfZMm
Richard Ferguson 5pm: ‘A vote of no confidence’
Constitutional scholar Anne Twomey says the Solicitor General’s advice that the medivac legislation is unconstitutional is “fair and accurate”, but the government’s decision to label it a money bill could force it to be considered a vote of no confidence.
“The Solicitor General’s advice is pretty fair and accurate, so yes, there is a real issue,” she told Sky News.
“Section 53 is murky … (the courts) say it is up to the House to decide. Where we get to a very, very tricky point, however, is that if the government is now asserting that this is a money bill, then if the bill actually gets passed against the wishes of the government, that would be an indication that the government has lost control over the finances of the country.
“That is critical on confidence and loss of government.”
When asked if she meant this meant the government was now conceding this bill was now a vote of no confidence, she said: “Correct.”
Richard Ferguson 4.50pm: Fraser Anning launches rant
Far-right senator Fraser Anning has launched a bizarre attack on refugee and footballer Hakeem al-Araibi, after he returned to crowds of well-wishers in Melbourne today.
The independent Queensland senator, who landed in trouble earlier this year for attending a neo-Nazi rally, called Mr al-Araibi a “criminal Muslim”.
Mr al-Araibi was wanted by his home country, Bahrain, for allegedly vandalising a police station in 2012. The footballer, a refugee in Australia, has denied that charge and fled his homeland due to the torture he suffered for being involved in the country’s pro-democracy movement.
“If the Australian government put a tenth of the resources and effort expended to recover one criminal Muslim so-called refugee to instead bring persecuted white Christian South Africans to Australia, then hundreds or even thousands of lives would be saved,” Senator Anning said.
“If we can expend so much money and resources and the time of the Prime Minister and Foreign minister to recover just one Muslim blow-in, then it’s high time we created a special refugee visa category to save our fellow European Christians in South Africa.”
Scott Morrison in January labelled Senator Anning a “repeat offender” when it came to racism after he attended a rally held by neo-Nazis and Nazi sympathiser Blair Cottrell.
Richard Ferguson 4.35pm: Di Natale demands medivac action
Greens leader Richard Di Natale says he would be “extremely disappointed” if Labor and the crossbench walk away from the medivac legislation due to the Solicitor General’s advice it is unconstitutional.
When asked if he accepts asylum seekers would be put in “limbo” if medical transfers are ruled unconstitutional by the High Court, Senator Di Natale says it would be “better” for refugees.
“It’s a damn sight better than where they are right now,” he told ABC News. “Let us get this thing done today. If the window closes today, we might not get a chance to come back to this.”
Richard Ferguson 4.23pm: Greens attack ‘disgraceful’ move
Greens leader Richard Di Natale said the House of Representatives should pass the medivac legislation anyway and called Solicitor General Stephen Donaghue’s advice “a distraction” and “disgraceful”.
“The House should pass this bill and if someone wants to test that, they can test it in the High Court,” he told ABC News.
“The Solicitor General has got it wrong. He got it badly wrong on section 44 (MPs found to be sitting in the parliament unconstitutionally.)
“How long has the government been sitting this advice? … It’s disgraceful.”
Ben Packham 4.18pm: More on late legal move
Citing the advice of the Solicitor General, Mr Porter said the medivac bill also failed to comply with Section 56 of the Constitution, which states a law for appropriation of revenue shall not be passed unless the purpose of the appropriation has “in the same session been recommended by a message of the Governor General to the House in which the proposal originated”.
Paragraph 3, Section 53, of the constitution sates that “the Senate may not amend any proposed law so as to increase any proposed charge or burden on the people”.
The Solicitor General’s advice points out that the Home Affairs Legislation (Miscellaneous Measures) Bill 2018, establishes an Independent Health Advice Panel, staffed by doctors nominated by the Australian Medical Association or other medical professional bodies.
Under Commonwealth law, members of the panel would require remuneration, which would be required to be paid out of consolidated revenue, and “automatically” require an appropriation from the Remuneration Tribunal.
“Having regard to the long-standing view of the House of Representatives concerning the operation of s 53, the better view is that the Senate Amendments did contravene s 53 of Constitution,” the Solicitor General said.
4.08pm: Cloud over medivac bill
The Morrison minority government has received advice from the Solicitor-General warning that the medivac bill which passed the Senate in December is unconstitutional and cannot be considered by the Lower House.
At the end of Question Time, Speaker Tony Smith said he would table letters given to him by the Attorney-General, Christian Porter, and the Solicitor-General.
“The Attorney General, in his letter to me, states that the opinion he attaches to his correspondence from the Solicitor-General is provided to me on a confidential basis,” Mr Smith said.
“I have advised the Attorney General that, as Speaker, it is important that I ensure in this instance … material available to me is also available to all members of the house.
“As a consequence, I have also decided to table the solicitor general’s opinion.”
Mr Porter said, in the tabled letter to the Speaker, based on advice received from the Solicitor-General — which he also tabled — that the medivac bill “infringes the requirements of paragraph 3 of section 53 (of the constitution) concerning the appropriation of revenue”.
“In my respectful submission, the consequence is that the House cannot consider the Bill as amended by the Senate”.
Richard Ferguson 4pm: Late move from the Attorney General
Speaker Tony Smith is tabling letters given to him by Attorney General Christian Porter and the Solicitor General regarding the medivacs legislation.
“The Attorney General, in his letter to me, states that the opinion he attaches to his correspondence from the solicitor general is provided to me on a confidential basis, and to quote the Attorney General, I would appreciate you not circulating it further,” the Speaker says.
“I have advised the Attorney General that as Speaker, it is important that I ensure in this instance material available to me is also available to all members of the house.
“As a consequence, I have also decided to table the solicitor general’s opinion.”
Richard Ferguson 3.50pm: ‘The Fixer’ steps in
Opposition legal affairs spokesman Mark Dreyfus asks Assistant Treasurer Stuart Robert if he had sought advice from the tax office about returning a donation from a failed lobbying firm.
Leader of the House Christopher Pyne says it is out of order because Mr Dreyfus said “I refer to the minister’s previous answer”, but then asked a question completely different from that previous answer. Speaker Tony Smith rules the question out of order.
“Because he has used the reference to the previous answer, that in the past, as the manager of opposition business knows, has opened ministers to questions about words they have said,” he says.
“In this case, by having that as the preamble, I believe rules that questioned out of order. Let me be blunt. I think if it didn’t have that, if it is just had the second sentence, it would be in order.
“But because you are referring to something you said and trying to link that, I do not believe it is in order.”
Richard Ferguson 3.45pm: Stuart Robert under scrutiny
Opposition legal affairs spokesman Mark Dreyfus asks Assistant Treasurer Stuart Robert if he will return money donated to his electorate business forum by a failed lobbying firm to the tax office, which has run up large tax debts.
Leader of the House Christopher Pyne says the question is out of order as it is a party matter.
Speaker Tony Smith rules the question on tax administration is in order and Mr Robert responds.
“Like many members in this house, indeed all members on this site are more than happy to have a discussion about tax administration and how it has performed. Why don’t we start with the government’s avoidance law,” Mr Robert says.
“A series of legislation that those opposite voted against.”
Primrose Riordan 3.40pm: Dutton rebuffs Labor
Peter Dutton has rejected Labor legal advice questioning the constitutionality of the citizenship stripping bills, saying he is relying on “strong advice” from the solicitor general.
The Home Affairs Minister attacked Labor for arguing against the legality bill but confused the lawyer who issued the new advice with the lawyer Labor relied on for its advice on asylum seeker medical transfers.
Parliament intelligence committee, which contains Liberal and Labor MPs, is currently examining the bill which extends the powers of the Home Affairs Minister to strip convicted terrorists in Australia of their Australian citizenship if they are considered a dual national.
Labor has signalled it might release a dissenting report, which would mean they would oppose the legislation as it is currently drafted.
Constitutional law experts George Williams and Kim Rubenstein have both said the laws have constitutional issues. On Tuesday, Labor then released advice from constitutional lawyer Peter Hanks QC
“I consider that, in summary: there is also a reasonable argument … that the bill purports to authorise a Minister to exercise the judicial power of the Commonwealth, in breach of Chapter III of the Constitution,” Mr Hanks said in his advice.
But Mr Dutton said his advice was strong.
“Who do I rely on for advice? I rely on the solicitor general, the AGS and the first law officer for the advice that we have. Their advice is very clear in relation to this matter. This is nothing about a legal anomaly or a question around constitutionality,” he said.
He said the advice from Mr Hanks was from a “suburban solicitor” and the same lawyer who Labor asked for advice on the medivac bill to bolster their argument in support of the independent bill which aimed to ease the process of moving sick asylum seekers off Nauru and Manus Island. However, barrister Matthew Albert provided the medivac advice.
Richard Ferguson 3.35pm: Treasurer ridicules Labor response
Opposition financial services spokeswoman Clare O’Neil asks Scott Morrison why he will not extend sitting days to deal with the fallout of the Banking Royal Commission.
Josh Frydenberg responds.
“The reality is, we on this side of the house provided a comprehensive response to the pain royal commission. We are taking action on 76 recommendations,” the Treasurer says.
“We are putting in place protections for Australian consumers. Greater accountability measures for the financial system. We are ensuring our regulators are fit for purpose.”
Richard Ferguson 3.30pm: Labor MPs visit the crossbench
Manager of opposition business Tony Burke and opposition immigration spokesman Shayne Neumann are currently in discussions on the floor with the crossbenchers.
He will need six of them if Labor wants to pass medivacs legislation later today, and it looks like negotiations are going Labor’s way.
Labor has made concessions to the crossbenches on their amendments, including a 72-hour timeline for the minister to consider medical transfers of refugees.
Richard Ferguson 3.25pm: ‘No response’ from Labor
Deputy Labor leader Tanya Plibersek asks Scott Morrison why he will not extend sitting days to deal with the Banking Royal Commission. Josh Frydenberg responds.
“There is only one side of politics in this house which is getting on with taking action on the 76 recommendations, Mr Speaker,” the Treasurer says. “It is we on this side of the house, taking action on the 76 recommendations.
“And those opposite who were demanding that the report be put out immediately, demanding that they see the report so they can immediately respond to it, have had the report now for eight days, and there is no response, Mr Speaker.”
Richard Ferguson 3.19pm: Why is ‘Aslan’ no longer PM?
Labor frontbencher Anthony Albanese asks Scott Morrison why Malcolm Turnbull is no longer prime minister.
“Is the Prime Minister aware that in a candid interview earlier this week the Minister for Defence (Christopher Pyne) was reported to have said, and I quote” Malcolm is Aslan to me,” Mr Albanese asks.
“Noting that the pathway to Narnia is through the Cabinet — will the Prime Minister finally tell the Australian people, including the Minister for Defence, why his ‘Aslan’ Malcolm Turnbull is no longer the Prime Minister of Australia?”
Aslan is the god-like lion king in C.S. Lewis’s Chronicles of Narnia. The gateway to Narnia is through a wardrobe, not a cabinet.
Speaker Tony Smith rules Mr Albanese’s question out of order.
Richard Ferguson 3.13pm: ‘I called the royal commission’
Opposition treasury spokesman Chris Bowen asks Scott Morrison if he is sorry for delaying the Banking Royal Commission, like Malcolm Turnbull, and if he was the reason it was delayed.
“It refer the member to my comments last year on this matter, where I made it very plain. My regret on not having called the royal commission sooner,” the Prime Minister says.
“But I remind the member that I’m the Treasurer at the time who did call the royal commission.
“I’m the Prime Minister who is acting on the recommendations of the royal commission.
“When the leader of the Labor Party (Bill Shorten) was the Minister for Financial Services … What did he do? What did he do? Nothing!”
Richard Ferguson 3.08pm: Morrison attacks Labor
Bill Shorten asks why Scott Morrison won’t extend sitting days to allow the parliament to deal with the recommendations of the Banking Royal Commission.
The Prime Minister says: “The budget has been brought forward to April 2 and the normal course of events, this is the sitting schedule that enables the budget to be prepared on that day.
“I’m asked about the recommendations of the royal commission. It’s now been seven days and we are still waiting for a response to the royal commission from the Leader of the Opposition.
“Our full response means that we are taking action on all 76 recommendations and indeed there is legislation that the opposition can support, even now, in this chamber and in the other chamber to take action on those measures.
“When we introduce the banking executive and accountability regime, when we introduced the bank levy, who dragged their feet in supporting those bills? The Labor Party.”
Still some "ironing out" to do, but good chance now the medical transfers bill WILL pass this afternoon. Minister would have up to 72 hours to respond to each recommended transfer, "character test" tightened and Fed Court appeals allowed.
— David Speers (@David_Speers) February 12, 2019
Richard Ferguson 3.03pm: Tasmanian MP: we need you
A number of MPs are now paying tribute to their local communities affected by fire and floods.
Queensland Labor MP Cathy O’Toole’s own home was damaged in the Townsville floods.
“Townsville is showing just how strong and resilient we truly are.”
Katter Australia Party leader Bob Katter said: “Out of all of this hardness and trauma and heartbreak, please let us be able to see a vision for our country.”
Queensland Coalition MP George Christensen said: “This place will be watching and ensuring the right thing is done by all of those who have copped the brunt of this natural disaster.”
Tasmanian Labor MP Julie Collins said: “Tasmanian businesses would want me to say they are still open for business. Most of the roads in Tasmania are still open. Most of our national parks are still open. And people should come and visit Tasmania still because we need you more than ever at this difficult time, as we recover.”
Richard Ferguson 2.45pm: Australia ‘watching’ insurance firms
Bill Shorten calls on insurance companies to support survivors of the Townsville floods.
“After the floods, 13,560 claims have been registered. And Australia is watching,” he says.
“Whether it’s insurance or government payments, or relief from bank loans, Queenslanders should just get the help they need, the compensation they have paid for, as soon as possible.
“We are all grateful and humbled by the spirit of our people. We’re humbled by their courage.”
Richard Ferguson 2.38pm: ‘We’ll stand with you’
Scott Morrison updates the House of natural disasters in Townsville and Tasmania, and pays tribute to those struggling through floods and fires.
“Every summer, as waters rise and fires rage, nature seems to hurl challenges, pose questions, questions of readiness, courage and compassion that Australians always answer in the affirmative,” he says.
“Every time. Showing the strength and determination for which Australians are known and once again we’ve seen that response.
Our message to all affected, whether in the black soil mud of Western Queensland or the water-sodden houses of Townsville, or the ravaged fire areas of Tasmania — is as we’ve stood with you in this immediate response, we will stand with you in the recovery and we’ll stand with you in the rebuilding.”
Richard Ferguson 2.35pm: Interested spectator
Former MP and billionaire Clive Palmer is watching Question Time for the public gallery.
Mr Palmer is trying to get back into parliament at the next election via his new political outfit, the United Australia Party.
Richard Ferguson 2.30pm: ‘Sudden, shocking loss’
Bill Shorten pays tribute to charity groups and volunteers who helped during Black Saturday, and talks about the “triumphs of the spirit” of those who survived.
“Homes can be rebuilt. Farms restocked. Things replaced. But seeing that role call of the bereaved … last week just reminds you of the sudden and shocking loss of someone you love, the burden of that grief can never leave the bereaved,” he said.
“For so many of the brave survivors, the 10-year anniversary is another raw reminder of what they have truly lost and the process of recovery.
“A shock that sends them back to that day of panic and terror, as David Barton put it — once a year we will be reminded of our fate forever.”
Richard Ferguson 2.26pm: Independent backs medivacs bill
Independent MP Cathy McGowan intends to support the medivacs amendments.
The Member for Indi had yet to confirmed whether she’d support the controversial bill when it comes to the House today.
“I intend to support this negotiated position when the legislation and amendments come to the House,” she said in a statement.
Ms McGowan said she had worked with Labor and fellow crossbenchers this morning to come to an agreement on the changes.
Her decision shores up the chances of the medivacs legislation passing, and dealing the government a historic defeat of the floor of parliament.
I have been working with my Labor and cross colleagues to come to an agreement on the legislation and amendments to enable the urgent medical transfer of refugees. I intend to support this position when the legislation and amendments come to the House.https://t.co/t7qCpttLTk
— Cathy McGowan (@Indigocathy) February 12, 2019
Richard Ferguson 2.23pm: Black Saturday tribute
Before the first question time of the year starts, Scott Morrison is paying tribute to Black Saturday survivors and victims in the wake of the bushfire tragedy’s 10th anniversary.
“The human toll — unimaginable. 173 lives lost, over 400 injured. Thousands, stricken with emotional scars, to this day and beyond, and the grief of loss,” he says.
“19,000 CFA volunteers and volunteers from other agencies fought hundreds of fires that eventually would burn over 450,000 hectares of our country. According to the RSPCA, over 1 million animals perished, incinerated.
“Fire has always been with us in this timeless land. But these were no ordinary fires.
“Our whole nation rose up in support. Everyone dug deep into their pockets … How amazing is that.”
Richard Ferguson 2.16pm: Labor scrambling over medivac bill
The Australian understands Labor has approached the Greens with a number of serious changes to their medivac amendments.
A Greens source says the situation is still in flux, but Labor has proposed to the Greens and the refugee sector:
— A 72-hour timeline for the immigration minister to consider the applications of refugees for transfer to Australia.
— Tightening up the definition of “serious crimes” which would allow the minister to veto transfers, ensuring crimes considered “serious” in other countries like adultery are not included.
— Ensuring refugees can still apply for a medical transfer to Australia through the Federal Court.
Bill Shorten’s office has been contacted for comment.
Richard Ferguson 1.10pm: AFP to address role in al-Araibi detention
AFP Commissioner Andrew Colvin will address the federal police’s role in the lead-up to refugee Hakeem al-Araibi’s detention in Thailand, Home Affairs Minister Peter Dutton says.
Labor will use senate estimates next week to question security and diplomatic officials how the footballer, who returns to Melbourne today, ended up in a Thai jail cell based off an INTERPOL red notice for his arrest by his home country, Bahrain, for participating in pro-democracy protests.
“Whether or not there are issues around this, the AFP commissioner will have something to say in due course … we’ll look at that aspect of it,” Mr Dutton said in Canberra.
Richard Ferguson 12.59pm: Medivac bill ‘mess of Shorten’s making’: Dutton
Home Affairs Minister Peter Dutton says the medivac bill is a “mess of Bill Shorten’s making” after the Greens poured doubt on their support for the Opposition Leader’s amendments.
“If there is a mess at the moment in relation to Bill Shorten’s leadership — and the left are breaking out within the party room and the Greens are not happy with it — this is of Bill Shorten’s making.
“We’ve watched this show before. We watched it with Kevin Rudd and Julia Gillard. They did exactly the same thing. At least Kevin Rudd waited until he got into office before he dismantled the government’s successful border security policy.
“Mr Shorten wants to be prime minister of this country and yet has shown he doesn’t have the basic leadership capacity to make decisions on a crucial area of public policy. And he should apologise for the mistakes that he’s made.”
Richard Ferguson 12.52pm: Butler attacks Greens’ threat
Labor MP Terri Butler has lashed out at the Greens’ threat to vote down medivacs legislation, comparing it to their decision to vote down Kevin Rudd’s emissions trading scheme in 2009.
Did the Greens really learn nothing from their terrible decision to vote with the Liberals against carbon pollution reduction?
— Terri Butler MP (@terrimbutler) February 12, 2019
Greens leader Richard Di Natale said he would vote down the amendments if Labor did not give a defined timeline for ministerial vetoes of refugees’ medical transfers.
Ms Butler’s tweet could rile up long-held enmities between Labor and the Greens as negotiations go on, with Labor blaming the left-wing party’s decision to vote down the ETS nearly a decade ago with complicating Australia’s ability to lock in a climate change policy.
The Labor MP warned yesterday that Labor would face the wrath from branch members if it walked away from the Kerryn Phelps-inspired bill that would put medical transfers of asylum seekers on Manus Island and Nauru into the hands of doctors.
Richard Ferguson 12.30pm: Husar shows
Emma Husar has arrived at parliament, after going missing earlier today.
“If I’m not in #Parliament, not sure what this place is,” she wrote on Twitter, attaching a picture of Parliament House’s exterior.
If I am not in #Parliament not sure what this place is. @australian pic.twitter.com/a9Mamoo46g
— Emma Husar MP (@emmahusarmp) February 12, 2019
Richard Ferguson 12.05pm: Who has the numbers?
The government could avoid a historic defeat in the House of Representatives today if the Greens hold firm on not voting for Labor’s medivacs amendments in their current form.
The government needs two crossbench MPs to defeat the current bill on the floor of the House. They already have Bob Katter’s vote.
If Greens MP Adam Bandt joins them the medivac legislation is dead.
Mr Bandt’s leader, Richard Di Natale, says he is concerned the Labor amendments could it make harder to transfer refugees than without changing the legislation at all, due to the lack of a specific timeline for a minister to block a medical evacuation.
Rosie Lewis 12.00pm: Husar no show at parliament
Rogue Labor MP Emma Husar has not turned up to parliament, potentially causing a major upset for Bill Shorten who could have a historic win over the government on the medivac bill and cause chaos for Scott Morrison by adding an extra two sitting weeks to the calendar.
Labor sources have confirmed the party was trying to locate Ms Husar, who has been estranged from her colleagues since she says she was forced not to contest her Sydney electorate of Lindsay and was “slut shamed” in the midst of a controversy over her management and treatment of former staffers.
Richard Ferguson 11.37am: Greens reject Labor’s medivac amendments
Greens leader Richard Di Natale says his party will not back Labor’s time frame amendment until it sets a firm deadline for an immigration minister to veto a refugee’s medical transfer.
“Without a deadline … we are not going to support a Labor amendment as is currently proposed that leaves this open-ended and gives more powers to people like Peter Dutton,” he told Sky News.
“Unless you’ve actually got a specified figure, you don’t improve the situation, you potentially make it worse.”
Without the support of the Greens, the medical transfer legislation amendments won’t pass parliament.
Di Natale says he will have further discussions before making a decision on Labor’s plan to broaden the minister’s ability to block medical transfers on the basis of criminality.
Independent MP Kerryn Phelps earlier today said she was concerned about how broad the definition of criminality would be, as some refugees are considered criminals in their original country for protesting or committing adultery.
Richard Ferguson 11.30am: Di Natale’s asylum deal breaker
Greens leader Richard Di Natale says Labor’s amendments would make it harder to medically transfer refugees, than if there were no changes made to the law at all.
“There is a real concern out there from the legal community that if Labor’s amendments were to pass in their current form, then it would actually make it harder to evacuate someone on the grounds of medical treatment, than is currently the case without any legislation being passed,” he told Sky News.
.@RichardDiNatale on border bill battle: Legal advice we are receiving say that Labor’s amendments may actually make it harder to evacuate people.
— Sky News Australia (@SkyNewsAust) February 12, 2019
I am calling on Bill Shorten – you do need to modify what you put in front of parliament.
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“By introducing legislation that codifies medical evacuations in the way that Labor is proposing — particularly when it comes to time frames and Labor’s amendments don’t specify any time frames — then it basically hands power to the minister.
“What Bill Shorten seems to be saying is we want Peter Dutton to be making these decisions, not doctors.”
Richard Ferguson 11.15am: Crossbench baulks at Labor’s changes
Key crossbenchers are baulking at Labor’s attempts to broaden a minister’s ability to deny refugees medical transfers to Australia on character and criminal grounds.
Both Independent MP Kerryn Phelps and Greens member Adam Bandt have expressed concerns that one of Labor’s amendments would give the immigration minister too much power to block refugees.
Bill Shorten pushed amendments through his caucus last night after receiving advice from the Department of Home Affairs that the bill which passed the senate could effectively dismantle offshore processing.
Dr Phelps, the architect of the medivac legislation, said criminality was a broad concept and the wording had to protect refugees who had been accused of crimes in their own country like adultery.
“Criminality in Australian definition is very different to a definition of criminality from which some of these people have fled,” she told Sky News.
“For example, protesting against the government can get you a very long prison sentence. A woman committing adultery is some countries would be committed to a death sentence by stoning.
“If that (broad definition) were to be applied, there would be very broad veto powers that takes us right back to where we are now.”
Dr Phelps said she was open to expanding the 24 hour time frame for the minister to deny refugees medical access to Australia, and limiting transfer to current refugees on Manus Island and Nauru, but she wanted to talk to refugee advocates before making a decision.
Richard Ferguson 10.48am: $32m boost for medical research
The Coalition will give medical researchers a $32 million funding boost, Health Minister Greg Hunt says.
The Researcher Exchange and Development within Industry (REDI) grant will provide researchers with mentors, fellowships, and help to connect them with industry and other scientists.
“While collaboration between researchers and business is associated with a 70 per cent achievement of new to world innovation, Australia could do better this space,” Mr Hunt said.
“Strengthening Australia’s competitive edge in global innovation requires nurturing the skills of Australian scientists and health professionals.
“Through this program researchers will develop meaningful partnerships with industry, universities, registered training providers and government entities, further strengthening the Australian medical research industry as whole.”
Richard Ferguson 10.00am: Bandt blasts Labor’s amendments
Greens MP Adam Bandt has blasted Labor’s medivac amendments, pouring doubt on the changes passing the House of Representatives later today.
Mr Bandt says Labor’s attempts to broaden ministerial discretion to block refugees go far and that their changes would not bring refugees to Australia last enough.
“On first look, Labor’s amendments don’t make the current terrible situation any better,” he said.
“Labor is giving a lot of power back to Peter Dutton and it’s not clear that sick refugees will come to Australia any quicker than they do now.”
Richard Ferguson 9.46am: ‘We’ll get there, we can win this’
NSW Liberal senator Arthur Sinodinos has been welcomed back to the Coalition party room with rapturous applause, after fighting a months-long battle with cancer.
Scott Morrison made note of the Liberal heavyweight, a former minister and John Howard’s chief of staff, and then Senator Sinodinos told the room the government could win the next election.
“When I’ve been out there talking to our people as I’ve come back to work, there is a real fighting spirit out there, a view that we can win this,” he told colleagues.
“And, as long as we provide a clear alternative, articulate that alternative and work as a team, we’ll get there, we can win this.”
Richard Ferguson 9.40am: Morrison rallies Coalition troops
Scott Morrison is addressing his MPs in the first Coalition joint party room meeting of the year, continuing his election mantra of a “strong Australia”.
“Under our government, we are going to continue to make Australia even stronger. That’s what we are about,” he said in Canberra.
“A stronger economy, stronger borders, stronger services, that’s a stronger Australia. And that’s what we are about.
“Our opponents have plans that will make Australia weaker. To weaken the economy, to weaken our borders.”
Richard Ferguson 9.09am: Labor ‘fiddling’ with policy that works: Ciobo
Defence Industry Minister Steve Ciobo says Labor are “fiddling” with borders policy and the current crop of refugees on Nauru have not been settled elsewhere partly because they have destroyed their identification documents.
“All Labor is doing is fiddling with a policy that works. The track record is clear. The policy works. It stopped the trade,” he told Sky News.
“The vast bulk of those people (on Nauru), they’ve come in a situation where they have deliberately destroyed their identification papers, deliberately destroyed documentation.
“And left us in a situation where we actually have to go back and track down who these people are. Are they a national security risk? What should we do about it?”
Richard Ferguson 8.59am: Ciobo defends submarines delay
Defence Industry Minister Steven Ciobo has defended a delay in new French submarines, which will not be fully commissioned until 2034.
“The 2034 date is the date of full commissioning. Of course, the first submarine will be in service before then,” he told Sky News.
“We’ll be in the situation where we run sea trials.”
Defence Minister Christopher Pyne and French Armed Services Minister Florence Parly signed the $50b submarines agreement yesterday in Canberra.
Richard Ferguson 8.49am: Medivac wouldn’t ‘open the borders’
Independent MP Kerryn Phelps says her medivac legislation would not “open the borders” because boat turnbacks would continue or be expanded.
“There is nothing in this bill that would open the borders,” she told ABC radio.
“We have Operation Sovereign Borders which has been turning back boats for the last number of years. There have been 33 attempted arrivals to Australia by boat, they’ve all been turned back or towed back.
“I would expect that effort would continue or be expanded.”
Richard Ferguson 8.39am: Labor to give dissenting report on citizenship-stripping laws
Labor senate leader Penny Wong says the opposition will give a dissenting report on proposed new citizenship-stripping laws to prevent Home Affairs Minister Peter Dutton growing his powers.
“You don’t make Australians safer by giving an incompetent minister in Peter Dutton more powers,” she told ABC radio.
“That’s what the legislation that is proposed does. It gives Peter Dutton more subjective powers to declare someone a citizen or another country.
“We saw how well that worked with (ISIS militant) Neil Prakash.”
Richard Ferguson 8.36am: Shorten to ‘back the doctors’
Bill Shorten says he will “back the doctors” over the medical evacuation of refugees.
“The current government confuses stubbornness with strength,” he said outside St Paul’s Anglican Church in Canberra today.
“What I’ve done is listened to the border experts and the refugee advocates.
“If you need to see a doctor, do you go and check with the government’s minders? Or do you check with a doctor. I think we’re going to back the doctors.”
Richard Ferguson 8.30am: Vote won’t trigger election: PM
Scott Morrison says he will not drive to Government House and call an election if he loses on the medivac legislation today.
“It’s not a matter for that … the independents have said that themselves,” he said outside St Paul’s Anglican Church in Canberra.
“The bill is acceptable in no form and we will not be giving any comfort or any license for the parliament to support this in any way, shape, or form.
“It only weakens our borders … I will not give a leave pass to this parliament to weaken our borders.”
Richard Ferguson 8.26am: No ‘point scoring’ in backing medivac bill: Wong
Labor senate leader Penny Wong denies the opposition backed the original medivac legislation to score a “political point” and its new amendments are a response to ASIO and Home Affairs advice.
“We used this bill to try and put pressure on to make sure sick kids got the care they need, the medical care they need,” she told ABC radio.
“Mr (Bill) Shorten was briefed yesterday … and Labor has acted accordingly as we always do when it comes to advice from our security agencies.”
Labor now wants to expand the discretion of the immigration minister in the bill to prevent refugees from being transferred from Nauru on criminal and character grounds.
Richard Ferguson 8.12am: Original medivac bill ‘excellent’: Phelps
Independent MP Kerryn Phelps says she will talk to Labor this morning about their amendments but that the original legislation passed in the senate last year was “excellent”.
“The focus of this bill is to try to overcome the inhumane policy that takes place at the moment and has been for some years,” she told Sky News.
.@drkerrynphelps on the asylum seeker medivac bill: The legislation passed through the Senate was an excellent piece.
— Sky News Australia (@SkyNewsAust) February 11, 2019
We would have to look seriously at extending ministerial veto power.
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“If there are good arguments to be made to tweaking the legislation that went through the senate last year, we will find the path through.”
Dr Phelps said she would talk to the refugee sector before backing any amendments.
Richard Ferguson 8.02am: Phelps to mull Labor changes
Independent MP Kerryn Phelps says she would have to “seriously look” at Labor amendments to her medivac legislation expanding the immigration minister’s right to deny access to refugees on criminal grounds.
“Criminality in Australian definition is very different to a definition of criminality from which some of these people have fled,” she told Sky News.
.@drkerrynphelps on the asylum seeker medivac bill: We have to have a careful look at Labor’s amendments.
— Sky News Australia (@SkyNewsAust) February 11, 2019
I am not hostile to some concepts.
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“For example, protesting against the government can get you a very long prison sentence. A woman committing adultery is some countries would be committed to a death sentence by stoning.
“If that (broad definition) were to be applied, there would be very broad veto powers that takes us right back to where we are now.”
Richard Ferguson 7.54am: Labor to probe al-Araibi case
Labor senate leader Penny Wong says questions still have to be answered on how footballer and refugee Hakeem al-Araibi ended up in a Thai jail cell, as he flies back to Melbourne this morning.
“Is the automated INTERPOL red notice system fit for purpose when it comes to people like Hakeem who are refugees? I think that needs to be explored,” she told ABC radio today.
“My plan will be to use estimates next week and I would encourage the government to be upfront about this. I think the Australian community does want to know how this occurred.”
Senator Wong welcomed al-Araibi’s return home and said she spoke to Foreign Minister Marise Payne about the issue last night.
Richard Ferguson 7.00am: Boats, banks on day one agenda
Boats and banks are set to dominate the first day of the parliamentary year, as Scott Morrison and Bill Shorten warm up for this year’s federal election.
What’s making news:
• 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.
• Scott Morrison has set up a national security showdown with Labor in a speech outlining his election manifesto and a plan to target Bill Shorten on border protection, community safety and economic management.
• Public spending on services remains a key election issue for voters, as Australians struggle to adjust to the greatest fall in living standards since the 1990s, making cost of living pressures a pivotal campaign battleground.
• Labor is edging closer to securing the numbers to defeat the government on the floor of parliament and add extra sitting weeks to deal with the banking royal commission’s recommendations, as Bob Katter leaves open the option of supporting the move.
• Australia’s largest union-backed super fund had warned the Abbott government against making any changes to dividend imputation tax treatment, claiming any “modification” to the system would lead to a critical flight of capital from Australia to foreign investments.
• Australia’s youngest superannuation members and those with the smallest balances will be slugged with $400 million in fees over the next six months if the government fails to pass laws clamping down on fee-gouging in the $2.7 trillion retirement savings system.
• Soaring commodity markets will enable the government to deliver a much better budget bottom line than forecast in the December budget update, with iron ore alone likely to boost tax revenue by as much as $2 billion this year.
• The Morrison government will overhaul the sports integrity and anti-corruption framework by establishing a national, ICAC-style body to expose drug cheats and match-fixers and better protect sporting competitions from global crime syndicates.
• More than half of all aged-care providers have missed a deadline by the royal commission to provide a list of all incidents of abuse and neglect going back five years despite clear warnings they will face “careful scrutiny” if they fail to comply.
• Indigenous Health Minister Ken Wyatt has called on parliament to turn its attention to the child suicide crisis in the Kimberley this week, as well as dealing with Kerryn Phelps’s medivac bill on offshore processing.
• A federal judge will today decide whether to compel former Michaelia Cash staffer David De Garis to say who tipped him off about a police raid on Australian Workers Union offices after the media adviser refused to give evidence on the grounds it may incriminate him.
• The Liberal and Labor parties have confirmed they will not accede to a request from Chinese property developer Huang Xiangmo to hand back more than $2 million in political donations on the basis the money might be “deemed inappropriate” after the Australian government cancelled his permanent residency visa.
• A shopping list of Australian tanks, guns, aircraft and ships will be revealed today as part of the Morrison government’s plans to turn Australia into a leading defence exporter.
• Dennis Shanahan writes Scott Morrison has launched the election campaign and put trust in managing the economy, national security and border protection at the centre of his theme to make “Australia safe and secure”.
• Rick Morton writes the cowardice of major parties is already being exposed by the aged care royal commission.
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