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PoliticsNow: Liberal Party brings in new rules on prime ministers

PoliticsNow | Two-thirds of federal Liberal MPs will be needed to spill the leadership under the party’s new rules.

Scott Morrison during a press conference with Josh Frydenberg in House in Parliament House in Canberra tonight. Picture: Gary Ramage
Scott Morrison during a press conference with Josh Frydenberg in House in Parliament House in Canberra tonight. Picture: Gary Ramage

Hello and welcome to PoliticsNow, The Australian’s live blog on the happenings at Parliament House in Canberra. Scott Morrison has arrived home from Buenos Aires to face the final parliamentary sitting week of the year.

Here’s how Monday played out.

Ben Packham 9.26pm: Bishop unaware of meeting

Julie Bishop was at a function for outgoing UK High Commissioner Menna Rawlings when the meeting was called.

She appeared unaware of the reason for the meeting and turned up more than half an hour late.

9.06pm: New rules for PMs

Two-thirds of federal Liberal MPs will be needed to spill the leadership under the party’s new rules designed to end the revolving door of prime ministers.

After meeting in Canberra tonight, Liberals overwhelmingly resolved to change party rules to ensure a leader who becomes prime minister will serve a full term unless the threshold of MPs for a spill is reached.

The move comes after Malcolm Turnbull was dumped as prime minister in August, with Scott Morrison taking his place.

AAP

Emergency meeting to change  Liberal  party rules

Joe Kelly 7.45pm: Liberal Party calls meeting

The Liberal Party has called an unscheduled meeting tonight to discuss a major change to the “leadership rules” following an extraordinary intervention from Malcolm Turnbull in the NSW preselection for Liberal MPs.

The Australian has confirmed the Liberal Party will tonight discuss a key change that will make it harder for the Liberal party to change its leader during a parliamentary term.

The meeting was called for 7.30 this evening.

The Australian has confirmed the government will discuss adapting its own version of the change to caucus rules introduced by Kevin Rudd which set a higher threshold for the changing of a parliamentary leader.

Ben Packham 5.14pm: “We are not dealing with an emergency situation”

Centre Alliance Senator Rex Patrick told The Australian that he and Senator Griff “absolutely do not support discrimination against students on the basis of their sexual orientation or gender identity”.

But he said they also respected the right to religious freedom.

Senator Patrick said Centre Alliance had originally been presented with a “relatively simple” Labor bill which it supported.

But he said Centre Alliance had been unable to determine the impact of complex government amendments to the Labor bill, and believed the legislation should considered by a Senate committee to give some clarity on its practical effects.

“It has been put to us that no child has been suspended or expelled from any school on the basis of sexual orientation or gender identity,” Senator Patrick said.

“So in those circumstances, we are not dealing with an emergency situation.”

He said Centre Alliance did not want to see the legislation “hijacked” by politics.

4.51pm: Where Turnbull son puts his money

Richard Ferguson 4pm: Emma, we need to talk

Labor senator Deborah O’Neill says there “will be conversations” following Emma Husar’s decision to deliberately miss an Opposition attempt to suspend standing orders.

“I think there will be conservations about those matters … and it’s important at this very difficult time that Emma gets the support that she needs,” Senator O’Neill told Sky News.

“Emma is on the record as saying she has resigned … The preselection (for Ms Husar’s seat of Lindsay) will be called and the matters will follow. We won’t be able to control the matters of preselection.”

Ms Husar said last week that she wanted to run again in Lindsay, and that she understood she was the endorsed candidate, despite stepping aside in August after a litany of bullying allegations from former staff members. She has denied those allegations.

Ms Husar deliberately missed a vote on a motion instigated by her deputy leader Tanya Plibersek that reprimanded Scott Morrison for “only ever protecting the men in his party and abandoning its women”.

Richard Ferguson 3.45pm: Gay student bill delay ‘not unreasonable

Christian Porter says “no one” has told him that it is unreasonable to hold over a ban on discrimination of LGBTI students, in order to ensure there are protections for religious schools.

“No one has said to me that is an unreasonable thing to do, so that we can draw the decision maker’s attention to the fact that there are two rights being balanced here,” he told Sky

“This is not unreasonable, this could be passed today if this was agreed to.”

Earlier today, the Government appeared to kill off the prospect of a vote on discrimination protection for gay school kids this year, sparking uproar in the Senate.

The Coalition wants religious schools to retain their legal exemptions allowing them to discriminate against students on the basis of sexual orientation and gender identity.

The government says their amendments would ensure religious schools are able to teach according to their doctrines, and ensure the courts must have regard to both the interests of the school and the child when making determinations on the reasonableness of rules imposed by a school.

Richard Ferguson 3.30pm: No ‘interim’ encryption bill

Christian Porter says he is glad Labor is back at the negotiating table over tougher encryption laws, but there will be no interim laws.

Labor had offered to allow federal security authorities to access encryption data, but not state police, until the joint parliamentary intelligence committee spent more time on the encryption bill.

Mr Porter said he would not back that compromise.

“There’s no need for an interim bill because we can thrash out the details,” he told Sky News.

“All the evidence to the committee has been that Christmas is a very dangerous time … we cannot be in a set of circumstances where our federal and state security authorities go dark.

“There is no point in passing half a bill.”

Richard Ferguson 3.20pm: Right to bare arms at QT

Manager of opposition business Tony Burke asks after question time why ABC journalist Patricia Karvelas was ejected from the press gallery over dress code issues.

Mr Burke asks the speaker to investigate as he has never heard of those particular rules.

The Speaker says he will make inquiries. Leader of the House Christopher Pyne says there are dress code rules for both the gallery and the house.

Ms Karvelas, the host of RN Drive and programs on ABC News 24, tweeted during question time: “I have just been kicked out of #QT because you can allegedly see too much skin. His (sic) insane.”

Richard Ferguson 3.15pm: Labor blamed for gay student delay

Independent MP Kerryn Phelps asks Scott Morrison if he still supports banning discrimination against gay students, after the Senate blocked moves to vote on the issue in the Senate.

Attorney General Christian Porter says the government wants protections to allow religious schools to be allowed to act on their faith, such as compelling all students to attend chapel.

The Attorney General says Labor has not co-operated with including those protections, and that he “could deal with this bill today.”

Richard Ferguson 3.10pm: ‘Worst and weakest’

Opposition environment spokesman Mark Butler asks Scott Morrison why he chose “the worst and weakest option”, as said by Malcolm Turnbull, and saved Liberal MP Craig Kelly’s preselection.

“The weak and worst option is sitting right there,” he says, looking at Bill Shorten.

Joseph Kelly 3pm: Hanson questions trade agreement

Pauline Hanson has challenged Australia’s entry into an eleven nation free trade agreement, arguing the text of the deal was not tabled in the upper house at least 14 days before it was signed in accordance with Senate rules.

The One Nation leader used Senate question time to grill Trade Minister Simon Birmingham over the Trans Pacific Partnership (TPP-11) agreement which was signed on March 8 and tabled in the Senate 18 days later on March 26.

Senator Hanson said this was in breach of a Senate order requiring the full text of the TPP-11 agreement to be tabled “at least 14 days before signing”. She also said this condition had not been met in relation to the trade agreements with China, Korea and Japan.

“Would the Minister explain why he did not comply with procedural order of continuing effect 20 with regard to TPP-11 and these other agreements?” she asked. “In fact, these agreements were presented to the Senate as a fait accompli, giving the Senate no opportunity to debate the agreement and fulfil its responsibilities to the Australian people”.

Under procedural order of continuing effect number 20, the Senate resolved that it was entitled to scrutinise proposed agreements before they were signed — including the TPP-11.

Senator Birmingham said that he would take the details of Senator Hanson’s question on notice. “I am, of course, aware that the Trans Pacific Partnership and the China/Australia free trade agreement and the Japan/Australia free trade agreement, the agreement with South Korea all went through the normal parliamentary process of exhaustive examination through the joint standing committee on treaties,” he said.

Senator Birmingham said that, in relation to the TPP, Australia’s national income would be some $15 billion or so higher per annum by 2030 and that the government was helping businesses to create jobs.

Richard Ferguson 2.55pm: ‘Big stick or big mistake’

Opposition treasury spokesman Chris Bowen asks Josh Frydenberg if the government’s “big stick” is against free enterprise principles.

“I refer to statements made by industry groups that the government’s propose to powers represent deep and genuine sovereign risk or discourage badly needed investment in the energy sector and will only lead to increased investment uncertainty and prices.

Is the government’s big stick really just a big mistake that will lead to sovereign risk and higher power prices?”

The Treasurer says Labor is siding with the energy companies.

“We are putting energy users consumers, businesses and families first. Whereas the Labor Party is siding with the energy companies,” he says.

“The fact is there is market misconduct. There is market misconduct and we had to take the necessary action so they will be a range of remedies that are available.”

Richard Ferguson 2.50pm: ‘A carbon tax on steroids’

Bill Shorten asks Scott Morrison why he will not abandon his divestment policy and support a national energy guarantee.

“The government’s proposed divestment strategy, which was rejected by the ACCC, slammed by energy experts, legal experts, business experts and economists as putting upward pressure on prices, that wrong ideologically and unconstitutional,” he says.

The Prime Minister says Labor’s policy of a 45 per cent renewable energy target is “a carbon tax on steroids.”

“They are proposing an electricity tax with their 45 per cent emissions reduction target. It is a reckless figure, it will cost Australians jobs and he will have to be accountable for it when he goes to the next election,” he says

“We will not support an emissions reduction target as reckless as that one is. It is a carbon tax on steroids.”

Richard Ferguson 2.47pm: Same old Shorten PM question

Bill Shorten asks Scott Morrison why Malcolm Turnbull is no longer prime minister, since Donald Trump asked why Mr Morrison’s predecessor is.

“I can assure the Leader of the Labor Party that everybody on this side of the house is going to work incredibly hard to the next election to ensure the rest of the world never know to the Leader of the Labor Party is,” the Prime Minister responds.

“Because if they were to find out through the Leader of the Labor Party is if he were to become Prime Minister, I know this would happen. The Australian economy would be weaker, there would be fewer jobs and higher taxes.”

Ben Packham 2.45pm: ‘They’ve lost control’: Wong

The killing off of the prospect of a vote on discrimination protection for gay school kids this year which has sparked uproar in the Senate exposes a Morrison government. in “chaos”, Penny Wong says.

Senator Wong said: “He has lost control. This is an indication of the chaos that is the Morrison Government. That they have to upend the Senate and not vote on protecting LGBTIQ kids, because they are so worried about the lack of control they have of the House of Representatives.”

Senator Nathias Cormann said the government supported the need to protect gay children from discrimination but “we support it with reasonable amendments to ensure that, for example, religious schools can provide appropriate rules for the proper conduct of their schools.”.

Greens Senator Janet Rice said: “This is an appalling use of Senate process, and it is leaving lesbian, gay, bisexual and transgender students in despair.”

She said the bill had been “pushed off into the long grass”.

The Sex Discrimination Act has included exemptions for ¬religious schools since its introduction in 1984. These were extended by Labor in 2013 to include exemption from newly protected attributes of sexual orientation and gender identity.

Labor’s proposed changes to the Sex Discrimination Act, introduced by Senator Wong, would overturn an exemption for religious schools allowing them to discriminate against students on the basis of sexual orientation and gender identity.

Earlier, the peak body representing Christian schools and the Islamic Council of NSW joined forces to urge the rejection of the Labor bill.

Christian Schools Australia executive officer Mark Spencer and Islamic Council of NSW chair Khaled Sukkarieh issued a joint statement today, saying the Labor bill would have a far greater impact than had been claimed.

Mr Spencer said CSA that under the Labor bill, “teaching a traditional faith-based view of marriage, sexuality and sexual conduct may be interpreted as imposing a detriment on LGBT students”.

Mr Sukkarieh said: “We believe this could stop faith educators from being able to teach in accordance with their beliefs,” said.

Greg Brown 2.42pm: Shorten sideswipe

Bill Shorten has a crack at Liberal MP Trent Zimmerman, who has asked a Dixer.

Mr Zimmerman, a leading NSW moderate, is seated next to conservative MP Craig Kelly, who was saved from a sure defeat in a preselection battle because the state executive cancelled preselection.

The deal went ahead because Mr Zimmerman’s faction reluctantly agreed to stand down in opposing it at the behest of Scott Morrison.

The Opposition Leader yells across the floor of parliament: “Hey Trent, has Craig said thank you”.

Richard Ferguson 2.40pm: When’s the election?

Deputy Labor leader Tanya Plibersek asks whether Scott Morrison has asked NSW Premier Gladys Berejiklian about the timing of the next election.

Speaker Tony Smith rules it out of order.

Malcolm Turnbull told ABC radio this morning that he was going to lead the Coalition to a March 2 election if he had remained Prime Minister.

And that Mr Morrison should go to an early election to prevent “brand damage” hurting the chances of the NSW Liberals at the next state election.

Richard Ferguson 2.38pm: Dreyfus running ‘smokescreen’

Opposition legal affairs spokesman Mark Dreyfus asks Attorney General Christian Porter that he would not stand in the way of a criminal investigation into the leak of an AFP submission on encryption laws.

“If only it were the case that the shadow Attorney General were as concerned about the national security of Australians who face terrorist attacks as he were about smearing the Prime Minister, or any member on the side of the house,” he says.

“Whenever he runs into problems because of his own failure to act in a reasonable way, run a smokescreen. Run a smear campaign.

“The difficulty that the shadow Attorney General has, Mr Speaker, is that no Australian could physically be as smart as he thinks he is.”

Richard Ferguson 2.36pm: Porter keeps up pressure

Attorney General Christian Porter is asked what the government is doing to toughen encryption laws. The Attorney General says the bill to be presented this week was the “most critical” reform in anti-terrorism laws, and could prevents attacks similar to last month’s Bourke St terrorist attack.

“ The commissioner of the AFP, Mr Speaker, has said that we need to give these laws, and these are his words, to police, so that they have a fighting chance in an era when the information that we gather is encrypt by default,” he says.

“We will not deny the powers to state police and give them only to Federal Police. Our view is that the lives saved by state police are the same as the lives saved by Federal Police.”

Ben Packham 2.35pm: Fury as gay student vote deferred

The government has killed off the prospect of a vote on discrimination protection for gay school kids this year, sparking uproar in the Senate.

Government Senate Leader Mathias Cormann secured the tactical victory after gaining the support of the two Centre Alliance senators, Stirling Griff and Rex Patrick, who earlier sided with Labor to allow a vote on Senator Penny Wong’s bill today.

Senator Wong said the government had up-ended Senate process because it was worried it could not ensure its control of the House of Representatives, where the bill was introduced earlier today but will not be debated without government support.

She attacked the Centre Alliance senators for shifting their support, declaring “shame on you for doing this”.

Government frontbencher Mitch Fifield said the will of the Senate had been expressed, and time would now be available to develop reasonable safeguards for schools to allow them to operation according to their faith.

“This is a case of the government listening to what the crossbench have, in good faith, expressed,” he said.

Derryn Hinch said the deferral of a vote was “a bloody disgrace”.

Earlier, the government moved amendments to Labor’s bill in the Senate to prevent schools from discriminating against gay students.

The Coalition wants religious schools to retain their legal exemptions allowing them to discriminate against students on the basis of sexual orientation and gender identity.

It says it amendments would ensure religious schools are able to teach according to their doctrines, and ensure the courts must have regard to both the interests of the school and the child when making determinations on the reasonableness of rules imposed by a school.

Senator Penny Wong and Senator Mathias Cormann sure off in the Senate. Picture: Kym Smith
Senator Penny Wong and Senator Mathias Cormann sure off in the Senate. Picture: Kym Smith

Richard Ferguson 2.30pm: Childcare closures queried

Crossbench MP Cathy McGowan asks if Education Minister Dan Tehan asks about the closure of childcare centres in her electorate of Indi and Liberal MP Sussan Ley’s seat of Farrer.

The Education Minister says he supports Ms McGowan’s idea of having a roundtable on the childcare centre closures.

“As the member knows, the government is putting record investment into childcare, $8.3 billion,” he says.

“What we have got to make sure is that the record investment of $8.3 billion enables us to be able to provide the services that are required not only in urban settings, but also in all of our rural communities.”

Richard Ferguson 2.25pm: ‘Offensive’ smears ‘a habit’

Opposition legal affairs spokesman Mark Dreyfus asks Scott Morrison to guarantee that no minister or their staff leaked the AFP submission on encryption to The Australian.

The Prime Minister says Mr Dreyfus has a habit of “making grubby smears” and says Bill Shorten voted against tougher sentences for gun smugglers and pedophiles.

“If the shadow Attorney General wants to come in here and make these sort of grubby smears, which is his habit in this place, he is well acquainted with the bottom of the chum bucket, the shadow Attorney General,” he says.

“He does this on a regular occasion, comes in here and makes the most outrageous and offensive smears without any evident whatsoever.”

Richard Ferguson 2.20pm: Leak questions ‘grubby smears’

Opposition legal affairs spokesman Mark Dreyfus asks the PM if he can guarantee that he or his office did not leak a federal police submission to The Australian.

“If the Shadow Attorney General wants to come in here and make grubby smears against me, he’ll need to do better than reading the front page of the newspaper,” the Prime Minister responds.

“I find the suggestion offensive and reject it.”

Richard Ferguson 2.15pm: PM quizzed on encryption leak

Opposition legal affairs spokesman Mark Dreyfus asks how a confidential federal police submission to the joint parliamentary intelligence committee regarding encryption laws was leaked to The Australian.

“Is the Prime Minister aware that leaking a confidential submission to the committee is a criminal offence under national security legislation, punishable with up to two years in prison?,” he asks.

“Has the Prime Minister asked the AFP to investigate this criminal leak?”

The Prime Minister says he will take the question on notice.

“I would also only note this. That is that encryption is a tool being used by terrorists, organised criminals, paedophile rings, and it is something we must get ahead of by ensuring that our police, that our security agencies, that all our agencies at a state and federal level have the tools they need to make this stop,” he says.

Richard Ferguson 2.08pm: “The last of his kind”

Bill Shorten says George H.W. Bush was the “last of his kind.”“It may seem strange to say this about a man whose own son would follow him into the Oval Office, but in many ways, president Bush was the last of his kind,” he tells the house.

“The last president who served in the Second World War, the last president to lead the United States during the Cold War.

And he had a self-effacing modesty and instinctive courtesy that with every passing day seems to belong to a vanished political age.”

Richard Ferguson 2.05pm: PM’s Bush tribute

Scott Morrison opens question time by paying tribute to former US president George H.W. Bush, who died at the age of 94 on Saturday.

“He was a man who embodied the best of public service,” he tells the house.

“We have no greater friend than the United States. We have no greater ally. We have been

together for a century and more. It is a bond that is built in what we believe and the sort of world we want to live in.

“And George Bush personified that division and those beliefs.”

1.43pm: Craig Kelly snapped in the chamber

All alone, Craig Kelly sits in the House of Representatives. Picture: Gary Ramage
All alone, Craig Kelly sits in the House of Representatives. Picture: Gary Ramage

Greg Brown 1.42pm: Kelly saved

A NSW Liberal state executive motion backing Scott Morrison in his push to have Craig Kelly’s candidacy for Hughes endorsed — against former Prime Minister Malcolm Turnbull’s wishes — has passed. Read more here.

Dennis Shanahan 1.35pm: Turnbull should’ve been axed earlier

The Liberal Party made a big mistake when it removed Malcolm Turnbull in August 2018.

The Liberal Party should have removed him as Prime Minister in August 2016.

A move against Turnbull in the dismal days after a dismal Liberal performance at the July 2, 2016 election was perfectly understandable and most importantly, explicable.

Read Dennis Shanahan’s opinion piece here

Rosie Lewis 1.20pm: Husar misses key vote

Rebel Labor MP Emma Husar has deliberately missed a vote on a motion instigated by her deputy leader Tanya Plibersek that reprimanded Scott Morrison for “only ever protecting the men in his party and abandoning its women”.

The member for Lindsay, who said she would not recontest the next election following an investigation into bullying allegations by her staff, said she had missed the vote on purpose.

“The NSW ALP are not without fault on the same things they (Labor) claim to be calling out. On principle and my values I missed the vote given the treatment, isolation and lack of support shown to me,” Ms Husar The Australian.

Read more here

Primrose Riordan 12.57pm: Encryption negotiations continue

Labor and the government are back at the negotiating table over the controversial encryption legislation which security agencies have been lobbying for.

The laws would give agencies greater access to messages sent by terrorists over encrypted apps and devices.

The Australian has been told the Attorney General Christian Porter and Labor’s Legal Affairs Spokesman Mark Dreyfus met this morning to discuss a possible compromise.

Further the report from Parliament’s intelligence committee will not be issued today, so if the two parties can come to an agreement it is possible there will not be a Labor dissenting report.

Richard Ferguson 12.48pm: Turnbull ‘is not helping’: Williams

Malcolm Turnbull and the Liberal Party’s civil war are “not helping”, Nationals elder John ‘Wacka’ Williams says.

“I thought Malcolm had left politics? Not the case … I think his words are not helping,” Senator Williams told Sky News.

“The instability in the Liberal Party is not helping us … I’ll tell you who it is helping, it’s helping Bill Shorten get a free ride to The Lodge.”

Rosie Lewis 12.46pm: Labor fails to suspend standing orders

Labor’s second attempt to suspend standing orders in a week was defeated 67-71.

Labor needed another nine votes to reach an absolute majority of 76 to suspend standing orders.

Julie Bishop’s high heels she wore in parliament during Labor's suspension of standing orders. Ms Bishop voted with the government. Picture: Gary Ramage
Julie Bishop’s high heels she wore in parliament during Labor's suspension of standing orders. Ms Bishop voted with the government. Picture: Gary Ramage

Rosie Lewis 12.33pm: Crossbenchers abstain as PM returns

The four female crossbenchers — Rebekha Sharkie, Kerryn Phelps, Liberal defector Julia Banks and Cathy McGowan — have for a second time abstained.

Scott Morrison is in the chamber, having returned from the G20 in Argentina, talking with leader of the House Christopher Pyne.

Richard Ferguson 12.32pm: Labor moves to suspend standing orders

Deputy Labor leader Tanya Plibersek has moved to suspend standing orders over the government’s “extreme right” faction and the party’s lack of women MPs.

The deputy opposition leader jumped on reports that Liberal MP Craig Kelly’s preselection has been saved today, but no similar moves were made to save outgoing Queensland MP Jane Prentice.

Labor “therefore reprimands the prime minister for only ever protecting the men in his party and abandoning the women”, Ms Plibersek told the House of Representatives.

The House is dividing now.

Rosie Lewis 12.25pm: McGowan ‘hasn’t thought about’ Dutton referral

Key independent MP Cathy McGowan says she “hasn’t even thought about” whether to support a referral of Home Affairs Minister Peter Dutton or send any other MPs to the High Court, despite being lobbied on the matter.

Ms McGowan is also undecided on the government’s tough new encryption laws, “big stick” divestiture powers and attempts to remove the ability for religious schools to discriminate against gay students.

With the government commanding just 73 votes on the floor of parliament, Ms McGowan’s support could be critical to the success (or failure) of bills.

Ms McGowan said she’d had a “quick briefing” on the Dutton referral this morning.

“I’ll wait and see if Labor brings it up and then what else happens around it,” she said.

“My position is when there is debate in the parliament about people’s ability to be here we should send them to the High Court. It’s not my job to act as judge and jury about the intricate nature of their personal investment. I love the fact we’ve got a parliament that’s got access to the High Court and they’ve got expertise that are there.

“When push comes to shove my initial reaction is to get any confusion out of the way, not to bring politics into it and get it to the High Court. But on these particular issues I’ll wait and see what the motions are that come up.”

Ms McGowan’s comments leave open the possibility she’d support government moves to amend a Dutton referral motion to also include the referrals of Labor MPs Tony Zappia, Michael Freelander and Anne Aly.

Richard Ferguson 12.20pm: Labor flags budget uncertainty

Opposition finance spokesman Jim Chalmers has questioned whether Josh Frydenberg will get to hand down a budget in April considering Liberal Party infighting, and his role in creating a surplus.

“If the government gets to the budget … a lot of Liberals around this building are saying they might not even be able to limp to a budget,” he told Sky News.

“If they get that far, they will be claiming a surplus for the following year, which is a very different thing from handing down an actual surplus.

“The improved budget will be due … to increased revenue numbers.”

Andrew Clennell 12.15pm: PM, Kelly to win motion

The motion saving Craig Kelly and supporting Scott Morrison will pass early this afternoon after four moderates who were planning to vote against it agreed to abstain from voting this morning.

Moderates sources have told The Australian that Chris Rath, Sally Betts, Wayne Brown and Harry Stutchbury had all agreed not to vote in the fax ballot.

They had not agreed to support the ballot.

One of those from state executive said the decision had come after “pressure from the PM and the moderate leadership”

“The pressure’s too great and the stakes too high.

“I think they want it (the ballot) done before Question Time.”

Read more here

Richard Ferguson 11.26am: Phelps introduces Nauru bill

Independent MP Kerryn Phelps is introducing her bill to remove all children and sick adults off Nauru.

The bill will be a key test of Scott Morrison’s control of the house floor, and Bill Shorten’s position on border protection in the run up to this month’s national Labor Party conference.

“In Australia, clinical need not politics should determine access to care,” she told the house.

Independent MP Kerryn Phelps. Picture: Gary Ramage
Independent MP Kerryn Phelps. Picture: Gary Ramage

Dr Phelps, whose October win in the Wentworth by-election wiped out the Prime Minister’s House majority, said her first priority in parliament would be removing children from offshore processing centres.

But she did say last week that the “temporary” relocation of sick adult asylum seekers to Australia from Nauru could be indefinite if they need long-term treatment for certain disorders.

Rosie Lewis 11.02am: Labor urges Wilkie to look at each referral individually

Labor has urged independent MP Andrew Wilkie to look at MPs facing questions under section 44 of the Constitution on a case-by-case basis, after he confirmed he would not support a hostile referral of Home Affairs Minister Peter Dutton to the High Court.

Opposition legal affairs spokesman Mark Dreyfus refused to say if Labor would agree to a “job lot” referral, as Mr Wilkie and Scott Morrison are calling for, but said on ABC radio: “I’d invite Mr Wilkie to look individually at each case. It’s quite shameful that the government is willing to go on, knowing that there’s a massive doubt over Mr Dutton’s eligibility and knowing that very many decisions, including decisions to deport criminals from Australia, are under challenge because of that doubt over his eligibility to even sit in the parliament.

“It’s the government that ought to be referring Mr Dutton. There shouldn’t be any question about it. We’ve got serious legal advice that shows why it is that Mr Dutton is in breach of the Constitution and is not eligible to sit in the parliament.”

Mr Dreyfus has not been dissuaded from pursuing Mr Dutton over his eligibility despite the Minister being absent in the final parliamentary sitting week of the year due to a bad arm injury.

“I’m sorry to hear that Mr Dutton is still unwell. I hope he gets better quickly, but the doubts over his eligibility to sit in parliament and therefore the doubt over very many ministerial decisions he has made remain,” he said.

If Labor attempts to refer Mr Dutton, the government could try and amend the referral motion to include three Labor members it claims are under a constitutional cloud — Tony Zappia, Michael Freelander and Anne Aly.

It is unclear whether such an amendment has enough support. Mr Wilkie is at odds with the government over who should be referred and is targeting Mr Dutton, Mr Zappia, Liberal MP Chris Crewther and Nationals MP David Gillespie.

Richard Ferguson 10.45am: Shorten moves to protect gay students

Bill Shorten is introducing his bill to ban discrimination against LGBTI students to the House of Representatives.

He tells the house that his bill balances between the freedom of religious schools and the “basic human dignity of every Australian child.”

The Opposition Leader also says his bill would not affect the teaching of religious education or the timetabling of chapel or religious services during the school day.

The government has said negotiations with Labor had collapsed due to Mr Shorten’s refusal to back their “modest amendments” to protect religious schools, but The Australian reports today that the Opposition is weighing backing the amendments after all.

Opposition Leader Bill Shorten. Picture: AAP
Opposition Leader Bill Shorten. Picture: AAP

He also says he will prioritise protecting students, and will introduce a bill protecting gay teachers from discrimination in the first parliamentary sitting week of next year.

Mr Shorten called on the PM to ban discrimination against gay students by the end of the week.

“I understand the Prime Minister did not vote for marriage equality, but he’s publicly and repeatedly said he supports protecting kids from discrimination,” he told the House of Representatives.

“It would be a better statement of respect and equality if this law was passed this week.”

The Prime Minister had promised to pass a bill in parliament banning discrimination against LGBTI students in the sitting week after October’s Wentworth by-election, but negotiations with Labor broke down over protections for religious schools.

The bill will not go up for debate in the house. Labor’s bill will face a vote in the Senate later today.

Rosie Lewis 10.13am: Dutton to miss final sitting week

Home Affairs Minister Peter Dutton has confirmed he’ll miss the final parliamentary sitting week of the year after suffering a bad arm injury.

Home Affairs Minister Peter Dutton will miss the final sitting week of the year. Picture: Tara Croser
Home Affairs Minister Peter Dutton will miss the final sitting week of the year. Picture: Tara Croser

We now know independent MP Andrew Wilkie won’t support an individual referral of Mr Dutton to the High Court but that doesn’t mean Labor won’t try and refer him, even in his absence.

Rosie Lewis 9.59am: I’ve given ScoMo ‘every support’: Turnbull

Malcolm Turnbull says his successor Scott Morrison knows he’s “given him every support and plenty of good and useful advice”, after making an extraordinary intervention on the election timing and preselection for NSW Liberal member Craig Kelly.

Doorstopped outside his Point Piper home in Sydney this morning, Mr Turnbull labelled Mr Kelly’s threat to sit on the crossbench “blackmail” and again refused to deny conversations he had with Liberal colleagues yesterday — including that Mr Morrison just wanted to “keep his arse” in his prime ministerial car for as long as possible.

It would be “better”, he said, for the federal government to go to an election before the NSW state election on March 23.

Former prime minister Malcolm Turnbull near his home in Sydney. Picture: AAP
Former prime minister Malcolm Turnbull near his home in Sydney. Picture: AAP

“I’m very concerned, as many members in the NSW Liberal Party are, that the brand damage to the party which arose from the leadership change in August when I was removed as prime minister, and that has had considerable damage to the Liberal Party’s brand as a result of that,” Mr Turnbull said.

“We’ve seen that taken out in the state by-election in Wagga Wagga, we’ve seen it obviously in Wentworth and we’ve seen it in the Victorian state election. I am very concerned that this will put at risk the Berejiklian government.

“I’m disappointed my discussions with members of the state executive last night found their way into the media but, having done that, it’s important rather than having those discussions being presented in an inaccurate or incomplete manner, it’s important I state what my position is which I think is appropriate.

“As Scott Morrison knows I’ve given him every support and plenty of good and useful advice, which he’s acknowledged.”

Richard Ferguson 9.20am: Labor’s terror ‘protection racket’

Energy Minister Angus Taylor says Labor are running a “protection racket for terrorists” by not backing tougher encryption laws.

Energy giants, business take on Coalition

“I’ll tell you what’s offensive, it’s running a protection racket for terrorist networks who communicate using encrypted applications,” Mr Taylor told Sky News this morning.

“Terrorist networks, drug smuggling networks, child sex offender networks all (use) encrypted apps to undertake their heinous activities.”

Mr Taylor, in his old role as Minister for Law Enforcement and Cyber security, was an architect of proposed laws to give security officials more access to encrypted messaging apps.

Labor is refusing to back a current government bill over concerns it would open up the government to hacking and make people “less safe.”

Scott Morrison told The Australian today that Bill Shorten was “happy” for terrorists to plot attacks using encrypted messages.

Richard Ferguson 8.53am: Australians want early election: Labor

Opposition assistant treasurer Andrew Leigh says Australians want an election earlier than March.

“We believe an election should be brought on as soon as possible, as do most Australians,” he told Sky News

“They are asking the same question Donald Trump was asking over the weekend: Where is Malcolm Trumble (Turnbull)? Who is this Scott Morrison guy? And how did he get here?

“Angela Merkel needs a cheat sheet to read up on the current prime minister.

“Many Australians would like to see the Prime Minister face the voters. March 2 if possible, but I imagine most Australians would like it even sooner than that.”

Richard Ferguson 8.40am: Taylor calls on Libs to unite

Energy Minister Angus Taylor says voters want the party to unite, after Malcolm Turnbull’s extraordinary intervention into NSW Liberal Party affairs and his call for an early election.

He also backed Liberal MP Craig Kelly to be preselected again as the party’s candidate for Hughes. Mr Turnbull called for preselections to stay open, despite Scott Morrison’s attempt to save Mr Kelly.

“Issues for the NSW Liberal Party are issues for the NSW Liberal Party,” he told Sky News.

“My message isn’t to Malcolm Turnbull, my message is to Bill Shorten.

“We’ve got a great team, I want to see that team returned, including Craig Kelly.”

Richard Ferguson 8.25am: Encryption laws with or without Labor support

Attorney-General Christian Porter has lashed Labor and tech companies over their reluctance to back new anti-terror laws.

Labor has backed away from accepting tougher encryption laws without limitations on how much state police can access such data. The Attorney-General says Labor’s amendments cross a line.

“A line has to be drawn at a point where suggestions would render the bill completely ineffective,” he told ABC Radio.

“The idea that we would be able to use this power to have assistance with encrypted applications to investigate online child sex offences but deny the power to state police to investigate actual, physical child sex offences, pedophile rings and the like, is absolutely absurd.

“And (if) parliament has to make a decision whether it’s on the side of tech companies who are modestly inconvenienced, or on the side of our intelligence agencies who tell us they must have this ability if they are to protect us from pedophiles, from terrorists, and organised crime, then that’s the debate we have to have.”

Mr Porter said he will introduce tougher encryption laws this week with or without Labor’s support.

Richard Ferguson 8.10am: ‘Serious problems’ with encryption bill

Opposition legal affairs spokesman Mark Dreyfus says Labor is ready to do a deal on anti-terror laws, but will not pass the encryption bill before parliament.

Scott Morrison has attacked Bill Shorten over his reluctance to pass encryption laws which federal security officials and state police chiefs says will help in the fight against terrorism.

Mr Dreyfus said this morning that he wants to pass laws, but not without safeguards.

“It’s the government who walked away when we thought we had a deal,” he told ABC Radio.

“We’re very ready to pass a bill before the end of the year but there are very, very serious problems with this legislation.”

Mr Dreyfus said he wanted an interim law that would only allow federal authorities to access encrypted data, while the joint parliamentary intelligence committee takes more time looking at the government’s proposed changes.

He said the Prime Minister’s attacks on the Opposition Leader over the anti-terror laws are “desperate”.

8.07am: ‘Weakest reason not to have a preselection’

Miss anything from Malcolm Turnbull’s interview this morning, including his comments on Craig Kelly? Recap everything here.

Remy Varga 8.01am: ‘We are not a few bad apples’

Four of Emma Husar’s former staff members have broken their silence over bullying allegations made against the Labor MP.

Ms Husar faced at least 44 allegations from former staff including misuse of funds, misuse of staff, workplace bullying, intimidation and verbal abuse.

The Sydney Morning Herald reports this morning that longtime Labor staffers Lee Bellia and Blake Mooney as well as Penrith city councillor Robin Cook and long-time party campaigner Celine Smullen signed a letter sent to NSW Labor general secretary Kaila Murnain on Friday.

The wrote: “Contrary to Ms Husar’s public comments, we are not a few ‘bad apples’.

Emma Husar. Picture: AAP
Emma Husar. Picture: AAP

“We are competent, professional people who were subjected to Emma Husar’s bullying, harassment, and unethical behaviour … it is our strong view that Ms Husar does not represent Labor values.”

A six-month investigation cleared Ms Husar of most of the allegations, but did find staff were required to perform non-work-related and personal duties.

The letter comes as Ms Husar pushes to remain Labor’s candidate for Lindsay at the next election.

Richard Ferguson 7.55am: Cormann unaware of early poll

Finance Minister Mathias Cormann says he was not aware Malcolm Turnbull had made a final decision to take his then-government to a March election.

The former prime minister has called on Scott Morrison to call an election “as early as possible” to save the NSW Liberal government, and that he had already planned an early election with his then-Treasurer.

Australian Finance Minister Mathias Cormann. Picture: AAP
Australian Finance Minister Mathias Cormann. Picture: AAP

“I’ve got to say, as I was leader of the government in Senate as I am now. I was not aware that a final decision had been made in relation to the timing of the election in 2019,” Senator Cormann told reporters in Canberra this morning.

“I certainly was aware that various options were being contemplated, which is not unusual. But I was certainly not aware of a final decision being made.

“We intend to deliver a budget on April 2 … the election would be sometime thereafter.”

Remy Varga 7.23am: Birmingham avoids poll question

Trade Minister Simon Birmingham says the Coalition’s record is “not about any one person” as he avoids weighing into whether the government should head to the polls early.

The Australian reported this morning that Malcolm Turnbull was urging senior Liberal Party figures to defy Scott Morrison to trigger an early election.

Responding to a question on Sky News this morning, Mr Birmingham said the government would head to the polls “in the normal course of events.”

“We’re entering the final six month period, from here on in, we are entering the normal time frame for elections … but what we want to see is an election held next year in the normal course of events.”

Mr Birmingham said the government’s record was not the product of any one person and that all three Coalition PM’s had played a role.

“We actually will be going to the next election standing on a record that Malcolm Turnbull, Tony Abbott, Scott Morrison have all played a huge role building and achieving.” he said.

“Our government is not about any one person, it’s about policy achievement over the last five and half years.”

Richard Ferguson 7.18am: I’m no ‘miserable ghost’: Turnbull

Malcolm Turnbull says he is not a “miserable ghost” like Kevin Rudd or Tony Abbott but that he will continue to give his views on politics and Liberal Party matters.

“I am an Australian citizen, I’m a member of the Liberal Party, I am entitled to express my views,” he told ABC Radio.

“I spoke to several members of state executive yesterday, as I was entitled to do.

“If you get to the point where you’re saying to me that I should never discuss political matters with anybody because they could be leaked to the media, that’s a ridiculous proposition.”

Richard Ferguson 7.10am: Turnbull denies Banks intervention

Malcolm Turnbull has denied he convinced crossbench MP Julia Banks to defect from the Liberal Party.

There was speculation last week that the former prime minister had played a hand in his old parliamentary ally’s decision to become an independent.

When asked if he encouraged Ms Banks to make the move, he said: “No.”

Former PM Malcolm Turnbull. Picture: Sean Davey
Former PM Malcolm Turnbull. Picture: Sean Davey

“I know there are some people who think women can’t make their own decisions,” he said.

“She is a formidable, experienced strong woman.

“Whether one regrets it or not, it is one that she’s made and it’s one I think she made very powerfully in the parliament.”

Richard Ferguson 7.05am: No Kelly threat: Turnbull

Malcolm Turnbull says he does not believe Liberal MP Craig Kelly would threaten to defect to the crossbench, but wants his preselection opened up anyway.

Mr Turnbull confirmed on Twitter last night that he wanted the Liberal state executive to stop a move by Scott Morrison to save Mr Kelly’s preselection, which has been under threat for months, and prevent an internal Liberal Party battle in the seat of Hughes.

“What is being put to me by some members of the state executive is Mr Kelly is threatening to go to the crossbench and ‘bring down the government’,” he told ABC Radio.

“I’m not aware that Mr Kelly has made that threat. I don’t believe that he would do that. I don’t believe that he would either go to the crossbench, or bring down the government.

“But assuming he has made that threat, that is the worst and the weakest reason not to have a preselection.”

Mr Turnbull saved Mr Kelly’s preselection before the 2016 election. He told ABC Radio that there were different circumstances.

Richard Ferguson 7.00am: Call early election, save Gladys: Turnbull

Malcolm Turnbull says Scott Morrison should go to an election early to save NSW Premier Gladys Berejiklian.

The former prime minister said this morning he wanted the federal government to go to an election before NSW to limit the “brand damage” done by his removal as Prime Minister in August.

“My view is that it would be manifestly in the best interests and prospects of the Morrison government to go to the polls as soon as it can after the summer break,” he told ABC Radio.

“In fact my intention, and Scott’s intention, prior to my removal, was to go to the polls on March 2.

“There’s a lot of concern in NSW Liberal circles that a very good, outstanding government led by Gladys Berejiklian is going to have its prospects of success diminished because of the brand damage to the Liberal Party caused by the leadership change in August.”

Mr Turnbull refused to confirm that he told NSW Liberal moderates: “We should force Scott to an early election because all he’s about is keeping his arse on C1.”

Richard Ferguson 6.35am: What’s making news

Malcolm Turnbull yesterday urged senior Liberal Party figures to defy Scott Morrison by voting against a plan to prevent conservative MP Craig Kelly losing preselection, saying the Prime Minister just wanted to “keep his arse” in his prime ministerial car as long as possible.

Peter Dutton may have won a last-minute reprieve after key crossbencher Andrew Wilkie confirmed he would not support a hostile referral of the Home Affairs Minister to the High Court, instead insisting all in-doubt MPs must have their eligibility tested together.

Scott Morrison has accused Bill Shorten of being “happy” for terrorists to plot attacks on WhatsApp as the government seeks to regain control of the agenda ahead of what will be an explosive final sitting week of the year.

Labor is considering supporting the federal government’s amendments to its proposed changes to sex discrimination laws, paving the way for the contentious legislation to be passed this week.

Queensland’s emboldened Liberal National Party is gunning for the regional federal seats of Herbert and Kennedy to offset potential losses elsewhere, amid an upswing in recruitment and fundraising ­following the demise of Malcolm Turnbull.

Josh Frydenberg has spent the weekend talking to state and federal Liberals in Victoria in a bid to find a successor for state Liberal Party president Michael Kroger after his sudden resignation on Friday, but a consensus candidate is yet to be found.

An independent review of an indigenous welfare program, dumped last week by the Queensland government, has found there is “good evidence” the reforms have helped communities and should be continued.

Small businesses can apply for grants of up to $2100 to help fund their cyber security costs under a $10 million program to be launched by the Morrison ­government.

Graham Richardson writes that the Liberals are bitterly divided, with their once powerful right-wing faction increasingly shunned by the electorate.

Jennifer Oriel writes Julia Banks’s defection to the crossbench is a political inconvenience, but shows the Liberal Party is recovering its philosophical roots.

Read related topics:Scott Morrison

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Original URL: https://www.theaustralian.com.au/national-affairs/politicsnow-morrison-returns-for-final-sitting-week/news-story/a31befa3ce6aa010018d493e652cf181