Government loses vote over Manus
The Turnbull government has lost a motion calling for it to accept New Zealand’s offer to resettle 150 refugees.
- PM lashes Labor over SSM
- Abbott to back marriage bill
- Labor senator was British citizen
- Wilson proposes to partner in house
Hello and welcome to PoliticsNow, The Australian’s live coverage of the happenings in Parliament House.
In what could be the last sitting week of the year, the House of Representatives has begun debating the Dean Smith bill to legalise same-sex marriage, which was passed through the Senate unamended last week. Meanwhile senators’ citizenship disclosure statements have been published today, and lower house MPs have to provide documentation by tomorrow proving they rescinded any right to a foreign citizenship.
Rachel Baxendale 5.21pm: Entsch sorry for missing vote
Speaker Tony Smith has defended his decision to accept Mr Pyne’s call for the vote on Manus refugee resettlement to be had again under Standing Order 132.
“The standing order provides for missing a vote through misadventure which I think is pretty much everything other than deliberately not voting, that’s why that word is there,” he said.
It turns out it was LNP backbencher Warren Entsch and Trade Minister Steve Ciobo who didn’t turn up for the vote.
Mr Ciobo says he wants to apologise to the House, but doesn’t really explain his absence.
“I want to apologise to the House for the delay I caused in having this debate and I apologise for missing the vote. I was unfortunately detained, and so wasn’t able to get here in time,” he says.
Mr Entsch, who was giving an interview on Sky News, also apologises.
“Again, certainly misadventure in missing the vote and I certainly apologise for that,” Entsch says.
Rachel Baxendale 5.14pm: Government loses Manus vote
The Turnbull government has just lost a motion calling for it to accept New Zealand’s offer to resettle 150 refugees currently in offshore and negotiate conditions similar to the United States refugee resettlement agreement in the House of Representatives, 73 votes to 72.
Government Leader in the House Christopher Pyne has attempted to have the vote over again under Standing Order 132, “Mistakes corrected in Minutes of Proceedings”, which dictates that: “If the numbers have been inaccurately reported to the House, the House, on being afterwards satisfied thereof, shall order the Minutes of Proceedings to be corrected.”
It is understood one government MP was absent because they were doing a television interview.
Opposition Leader in the House Tony Burke protested.
“The standing order requires you can only have the vote again if there was confusion, there was no confusion, if there has been an error concerning the numbers, there has been no error concerning the numbers of who was here, or if it has been miscarried through misadventure caused by a member being accidentally absent of some similar incident,” Burke said.
“The fact that a member is doing a television interview is not covered by misadventure,” Mr Burke said.
Speaker Tony Smith said he disagreed with Mr Burke.
“I don’t concur, that’s why the standing order is here,” he said.
The House is currently divided over whether to accept Mr Pyne’s request.
This gave government MPs time to get back to the House, meaning the government won 74-72.
4.05pm: Brandis burns Barilaro
Attorney-General George Brandis has launched a blistering attack on the “dribblings” of John Barilaro, berating the NSW Deputy Premier as an obscure “nobody”.
Mr Barilaro was savaged by coalition colleagues on Friday, after telling Sydney’s 2GB radio Malcolm Turnbull should resign as a “Christmas gift” to Australians.
Labor tried to capitalise on his extraordinary outburst in federal parliament today but Senator Brandis - who is no stranger to rhetorical flourish - swatted the interrogations away with characteristic flair.
“The first time I’d even heard of Mr Barilaro was on Friday morning when he burst forth into lurid light courtesy of the Alan Jones radio program,” Senator Brandis told parliament.
The Attorney-General cautioned Labor senators against basing questions on “the dribblings of some obscure politician” who nobody outside NSW had heard of. “It demonstrates the obscurity of Mr Barilaro that even though you’re from NSW yourself, you find trouble pronouncing his name,” Senator Brandis told Labor’s Jenny McAllister.
“We’ve all heard the old saying free advice is worth what you pay for it. On this occasion, I think Mr Barilaro’s musings are worth considerably less than that.”
Mr Barilaro is standing by his comments but admits his relationship with the Prime Minister is “broken” following the open attack.
“My relationship with the Prime Minister is a broken relationship,” he told reporters in Queanbeyan today. “I made some comments. Regardless of what everybody is saying about those comments, I made them, I own them.”
Mr Barilaro’s remarks forced NSW Premier Gladys Berejiklian to publicly distance herself from her deputy. However, Mr Barilaro was adamant on Monday that he still had her support. He said it was up to him to try and work through the problems he had with Mr Turnbull and rebuild a relationship with him.
Coalition divisions again on show in the Senate. Brandis mocks @JohnBarilaroMP comments as “dribblings†& dismisses NSW Deputy Premier as “some obscure politician†#SenateQT
— Senator Penny Wong (@SenatorWong) December 4, 2017
Rachel Baxendale 3.40pm: Christensen backs down on penalty rates
After backing down from threats to leave the Coalition over the weekend, Maverick LNP MP George Christensen has similarly developed cold feet over crossing the floor on penalty rates.
Labor had challenged Mr Christensen to back the penalty rates bill that passed the Senate this morning with crossbench support.
A short time ago, Mr Christensen released a statement saying he had spoken to Employment Minister Michaelia Cash and won’t be crossing the floor.
“There is confusion over whether or not Labor’s amendment would mean small businesses in my electorate, in cities like Mackay and Townsville, small towns like Ayr, Bowen and Proserpine would have to give back pay, costing them thousands of dollars,” Mr Christensen said.
“It’s an unacceptable risk for many small business owners who would not be able to afford such a move.
“Amendments around penalty rates must ensure that small businesses are not forced to pay back pay.
“I am not going to act on the say-so of Labor senator Doug Cameron that it will be in the amendment. It needs to be clear and present. As such, I can’t support the amendment as it is.”
PVO: George’s double-game has backfired
Greg Brown 3.11pm: Mediscare snared
Health Minister Greg Hunt has lashed Kristina Keneally’s “absolutely false” claim she waited an hour to get Medicare services in Bennelong.
“In the week that she claimed that, the average waiting time at the Medicare office was 13 minutes and how many people had to wait an hour as she claimed? Not one person,” Hunt says.
“So these claims were false, untrue and incorrect. You cannot trust Labor and you cannot trust Kristina Keneally.”
Greg Brown 3.05pm: Playing the NBN card
Bill Shorten asks Malcolm Turnbull about the slow NBN rollout in Bennelong, noting the Prime Minister had promised the NBN would be fully operational in the Sydney seat by now.
Turnbull says the Coalition is rolling out the NBN at a much faster rate than Labor.
“The rollout on the hybrid fibre coaxial network has experienced some technical difficulties and what they’ve done is they’ve delayed it or paused it so as to get those difficulties sorted out.” he says.
“The NBN is ensuring they get all the technology right so people get the right experience. It shows that they care about the outcome for consumers, and they’re doing that, working right across the country, including in the electorate of Bennelong.”
Meanwhile, you can read Alan Kohler’s take on how to fix the NBN here.
Greg Brown 2.52pm: Spotlight on Keneally’s boats comments
Immigration Minister Peter Dutton uses a question from a government backbencher to highlight comments on boat people from Labor’s Bennelong by-election candidate Kristina Keneally.
“In 2011, a year in which 4500 people arrived on boats and people were dying at sea, Kristina Keneally told Q&A that she supported onshore processing and that Australia was big enough to bring everyone here,” he says.
“There are 65 million people in the world who are displaced who want to come in here. Not all of them can fit in Bennelong.
“The fact is that Kristina Keneally, along with other Labor members, are very dangerous in their attempts to undo our policies to stop boats.”
Greg Brown 2.50pm: ‘No leaks, full stop’
Labor’s Tony Burke asks who in the government had possession of national security information which was leaked to Fairfax press last week.
Turnbull says there should never be leaks on matters of national security.
“My observation is very simply this, that leaks of national security information should never occur, full stop,” he says.
Greg Brown 2.48pm: Szechuan Sam off the menu
Leader of the House Christopher Pyne uses a Dixer on national security to lash Senator Dastyari.
He is forced to withdraw calling the senator “Szechuan Sam”.
“I do withdraw, I just point out that how rude it is to call him Shechuan Sam.”
He accuses Bill Shorten of supporting Senator Dastyari because the NSW senator is a numbers man who is supportive of of his leadership.
Greg Brown 2.40pm: “Why was the Treasurer kept in the dark?’
Labor Treasury spokesman Chris Bowen asks Scott Morrison about a report that the terms of reference for the banking royal commission was worked out a long time ago, despite the Treasurer saying it was only worked out last week. “So why was the Treasurer kept in the dark for so long?”
Morrison says government agreed on a terms of reference 9am on Thursday. But he confirms Treasury had started working on a terms of reference earlier due to the arguments in favour of one by Labor and the crossbench.
“The recklessness of the Leader of the Opposition and the shadow treasurer for over two years calling into question the security of the financial sector, on which the entire economy depends, it was the point of their recklessness that required to government to take control over the situation and that’s what we have did,” he says.
Greg Brown 2.35pm: Burke goes for photo gotcha
Manager of Opposition Business Tony Burke holds up a picture of Malcolm Turnbull with Huang Xiangmo. “Can the Prime Minister please identify the person on the right?” he says.
Turnbull takes it as an opportunity to whack Dastyari some more.
“So they have a photograph with me at an event in a public street in Sydney. Hooray for that. What a revelation. If you had had a wider-angle lens, you could have got the other 5000 people that were there as well,” he says.
“What we really need to know is this: what did the Leader of the Opposition say to Senator Dastyari directly or indirectly that prompted him, Senator Dastyari, to go to Mr Huang’s house ...and tell him how to avoid surveillance activities by ASIO?”
Greg Brown 2.25pm: ‘Will the PM admit he has lost control?’
Bill Shorten opens up questions listing the litany of problems facing the government, including a backflip on a banking royal commission, cancelling a week of parliament and a delay on the NBN rollout.
“When will the Prime Minister admit he has lost control of his government and lost authority as Prime Minister?”
Malcolm Turnbull uses the question to launch straight into the woes surrounding Labor senator Sam Dastyari, who is alleged to have warned Chinese billionaire Huang Xiangmo about Australian counter-surveillance operations.
“One of the things that has occurred over the last five weeks that the Leader of the Opposition should not blot out of his memory is what advice he gave to Sam Dastyari before he met with Mr Huang,” he says.
“Perhaps the Leader of the Opposition, as he trolls through the last five weeks could remember what advice he gave Senator Dastyari that prompted him to tell Mr Huang how to avoid surveillance by ASIO.”
Rachel Baxendale 2.20pm: Leyonhjelm fills the forms
Liberal Democrats senator David Leyonhjelm has taken the citizenship form process less than seriously.
In Section 3(c), which asks senators to detail “other factors that may be relevant eg: adoption, IVF, or assumption of citizenship through marriage”, Senator Leyonhjelm has written: “I once asked my mother if my father was truly my father, but she was offended so I didn’t ask again. I suspect immaculate conception.”
.@Davidleyonhjelm gives the citizenship declaration the respect it deserves Part 1 pic.twitter.com/n6AMOg9Hgl
— Liberal Democrats (@LibDemAus) December 4, 2017
In Section 2(d), which asks senators to list the steps they have taken to assure themselves they have not inherited citizenship of another country from a parent or grandparent, Senator Leyonhjelm wrote:
“Nothing. I’ve also done nothing to assure myself I’m not a member of the Communist Party or a pedophile, inherited from my parents or grandparents.”
All of Senator Leyonhjelm’s parents and grandparents were born in Australia.
.@Davidleyonhjelm Part 2 pic.twitter.com/muaOjtPizG
— Liberal Democrats (@LibDemAus) December 4, 2017
2.15pm: Wilson proposing
Here’s video of Tim Wilson proposing to his partner Ryan Bolger on the floor of the parliament.
The pair had exchanged rings some time ago and pledged to marry when it became legal - a situation Mr Wilson referenced in his first speech to parliament last year.
Today’s proposal occurred during Mr Wilson’s speech on the same-sex marriage bill and is believed to be the first marriage proposal in the chamber.
Greg Brown 2.10pm: Tributes to Sir Ninian Stephen
Malcolm Turnbull has opened question time with a tribute to former governor-general Sir Ninian Stephen.
“I place on record our gratitude for place on record our gratitude for his service to the nation and extend his service to the nation and extend our sincere sympathy to Lady our sincere sympathy to Lady Stephen, his family and friends,” he says.
“It may seem that Sir Ninian belonged to another age but the qualities that made him unique are also timeless ones: witty, urbane, tolerant, humane.
“A self-deprecating humour that proved, if any proof was needed, that this citizen of the world was truly one of us. Australia has lost one of its great statesman and today we all mourn his passing.”
Bill Shorten also pays Tribute to Sir Ninian, who was also a former High Court judge.
Rachel Baxendale 2.05pm: Sinodinos provides paperwork
Liberal frontbencher Arthur Sinodinos has sought to clarify his citizenship status with further documentation after he referred to formal legal advice from the Greek government on his citizenship form but did not provide the advice.
He has now tweeted a copy of a letter from the Greek government confirming he is not a citizen.
“The Senate motion requires documentary evidence only of those who have held citizenship of a foreign country. For completeness, I attach a letter from the Greek government so as to confirm my status,” Senator Sinodinos tweeted.
Senator Sinodinos, who is currently on leave while he battles cancer, was born in Australia to parents who were both born in Cephalonia, Greece.
The Senate motion requires documentary evidence only of those who have held citizenship of a foreign country. For completeness, I attach a letter from the Greek Government so as to confirm my status. pic.twitter.com/vlDYZTXibo
— Arthur Sinodinos AO (@A_Sinodinos) December 4, 2017
Greg Brown 1.50pm: Abbott to back same-sex marriage bill
Tony Abbott says he will vote in favour of the same-sex marriage bill and that he is “looking forward” to attending the marriage of his sister Christine Forster and her partner Virginia Edwards.
The former prime minister said he was not an “overnight convert” on same-sex marriage but he would respect the will of the Australian people. ‘
“I certainly do not pretend to be an overnight convert to support same-sex marriage but I pledged to respect and facilitate the verdict of the Australian people,” Mr Abbott said.
“Same-sex marriage should now be recognised. It will now be recognised. There should be a clear distinction between marriage is understood by the Church and marriage as recognised by the state and, on that basis, I looking forward to attending the marriage of my sister, Christine, to her partner Virginia early in the New Year.”
Mr Abbott has moved an amendment will ensure “no one is discriminated against because of a conscientious view about the nature of marriage”.
While it would not affect the legislation, it could provide persuasive direction for a court in determining the law’s intent.
“I hope these amendments will be supported because surely these are rights and freedoms that all of us in this place believe in and it should happen now,” he said.
“I believe that the passage of the bill, as amended, will enable our country to go forward together, united in decency and in respect for the rights of all.
“I would like this to be a unifying moment for our country and the best way to make this a unifying moment for our country would be to acknowledge the continuing concerns that many decent Australians have about freedom of speech, freedom of conscience, freedom of religion and parental rights.
“The best way to make this a unifying moment our country would be to ensure that the anti-gay prejudice of the past is not replaced by new political-correct bigotry. We certainly do not want new forms of division to replace old ones.”
Rachel Baxendale 1.30pm: Senators were dual citizens in previous parliaments
Liberal senator Dean Smith, Labor senators Lisa Singh and Louise Pratt and Green Nick McKim all appear to have been dual citizens when they nominated for election in previous parliaments, according to their citizenship documents.
However, this has no bearing on their current eligibility.
Senator Smith filled a casual vacancy in the Senate on May 2, 2012, following the death of WA Liberal senator Judith Adams.
He had inherited British citizenship through his British-born father, and did not renounce this until July 30, 2012.
Senator Singh was born in Hobart in 1972 to an Australian mother and a Fijian father, who was a British citizen at the time of her birth as Fiji was a former British colony.
Her renunciation of her British citizenship did not take effect until August 18, 2010, several weeks after nominations closed on July 29 but three days before the August 21 election.
This means she was technically ineligible to be elected to stand in the 43rd parliament, but has no effect on her legitimacy to stand in the two subsequent federal elections.
The Fijian constitution of 1990 introduced a prohibition on dual citizenship, and stripped all dual citizens of their Fijian citizenship.
The prohibition has since been revoked, but citizenship has not been conferred on those who lost it and did nothing to reclaim it, so Senator Singh has not held Fijian citizenship since nominating for parliament.
Senator Pratt received British citizenship through her father.
Her renunciation did not take effect until November 23, 2007, several weeks after the November 1 nomination date for the November 24 election.
Senator McKim was born in Britain, and was appointed to the federal Senate by the Tasmanian parliament on August 19, 2015, after Greens leader Christine Milne resigned.
His nomination was approved by the Greens in July 2015.
He had previously been a member of the Tasmanian Upper House, where dual citizenship is not prohibited, since 2002.
The British Home Office says it received Senator McKim’s request to renounce his British citizenship on August 14, 2015, however, he has not included documentation confirming the date it was renounced.
Michael Roddan 1.20pm: NXT ‘won’t support super bill’
Part of the government’s superannuation legislation appears to be dead in the water, with Nick Xenophon Team senator Rex Patrick signalling the party would not vote for the bill in its current state.
Senator Patrick today confirmed the NXT would not support Financial Services Minister Kelly O’Dwyer’s bill which is aimed at “improving accountability and member outcomes in superannuation”, due to the minor party’s concern about the exclusion of higher-fee “choice” funds from the legislation.
It is understood the NXT crossbenchers hold the balance of power in the Senate over the passage of the bill, which makes their support necessary for the government to pass the controversial legislation.
The bill would require trustees to asses whether outcomes delivered by low-fee MySuper products promoted the interests of members, and proposed giving the prudential regulator the power to ban a trustee from operating a MySuper fund it was found to breach its duties.
MySuper funds, which are low-fee simple offerings and house the majority of default assets for super members who fail to nominate a fund of their choice, are mostly run by the union-and-employer backed industry fund sector. The industry had argued against the bill as it did not include “Choice” funds, which are mainly run by the for-profit retail fund sector run by large banks and wealth managers.
“At this point in time the Nick Xenophon Team is not prepared to support the strengthening trustee arrangement bill,” Mr Patrick said.
“We hold real concerns about the transparency measures in regards to Choice funds,” he said. “We support transparency measures but we cannot in good conscience support this bill until there is consistency in MySuper and Choice products.”
Labor had moved amendments to the bill to include Choice funds, but Mr Patrick said the party was still not satisfied. “The team is not satisfied they will have the desired effect,” he said.
Mr Patrick said he was “continuing to have discussions with the Minister and the industry” about proposed changes to the legislation, but he asked that the strengthening trustee arrangements bill be put separately to the rest of the government’s superannuation reform agenda.
Relations between the government and the industry fund sector have worsened after Prime Minister Malcolm Turnbull chose to target the sector in its proposed royal commission into the banking sector. Industry funds are also the target of a bill requiring one-third independent board directors and an independent super fund chair. Industry funds generally have equal representation on boards of employer groups and unions.
Greg Brown 1.15pm: ‘You did nothing for six years’
Malcolm Turnbull has used his speech on the same-sex marriage bill to take credit for the reform and lash Labor doing “nothing about it for six years in power” and for frustrating the plebiscite.
In a politically charged address to the House of Representatives, the Prime Minister savaged Labor for opposing a compulsory plebiscite, which he said caused a delay in legalising same-sex marriage.
He also hailed the postal plebiscite as “one of the most remarkable political events” in his lifetime and lamented the process became more difficult because of the opposition from Bill Shorten.
“The postal survey was one of the most remarkable political events in my lifetime and I believe in the lifetime of many Australians,” Mr Turnbull said.
“The Labor Party did nothing about it for six years in power. Now with a strong message from the Australian people which my government enabled, the way is clear.”
He said the “remarkable turnout” of 80 per cent of voters proved Australians wanted their say on the issue.
“That survey had many opponents, most notably on the other side of this chamber. It would become far sooner if the opposition had supported our original plebiscite proposal in this parliament,” Mr Turnbull said.
“It was an exercise of both in good planning and execution and legal ingenuity to fight a way to deliver on our election promise to have everyone have their say and without legislation which of course the Senate had denied us.”
Mr Turnbull also moved amendments to the Dean Smith bill which would provide “additional reassurance” to people concerned about religious freedoms while accusing Labor of not allowing a free vote on amendments.
“It is a matter of great regret that the Labor Party is denying its members a free vote on the amendments,” he said.
Mr Turnbull said he had been in favour of gay rights his whole public life and argued in the Howard cabinet same-sex couples should have the same rights on superannuation.
“Today is a day of which every Australian should be proud, proud that we can conduct and did conduct, despite all the naysayers, a very civil debate. Proud that given the opportunity to vote, far from being apathetic, as the naysayers predicted, we participated in such enormous numbers,” Mr Turnbull said.
“This is a day to be especially proud that all of our friends, colleagues, neighbours, brothers and sisters, can marry the people they love. And for those who voted no and remain disappointed with the result, a day to be proud that your voice was heard and that you have a government that ensured your voices were heard.
“The message today, to every gay person in this nation, is clear: we love you, we respect you, your relationship is recognised by the Commonwealth as legitimate and honourable as anybody else’s.”
Ewin Hannan 12.35pm: Senate votes to reverse penalty rates cuts
The Senate has voted to reverse Sunday penalty rates cuts by the Fair Work Commission, with Labor and the Greens to push the Lower House to back the reversal.
Employment Minister Michaelia Cash opposed amendments, attached to a bill scrapping four yearly award reviews, which said the commission decision be overturned.
The amendments also prevented penalty rates being made lower than the award rate as at June 30 this year.
Labor and the Greens voted with several crossbenchers to get the amendments passed.
Rachel Baxendale 12.30pm: Rhiannon’s ‘30 year old’ grandad
Labor is calling for Greens Senator Lee Rhiannon to apologise for misleading the Senate over what appears to me an innocent mistake.
On her citizenship form, she says her maternal grandfather was born in 1987, meaning he would be 30.
Rachel Baxendale 12.20pm: Sinodinos documents missing
Liberal frontbencher Arthur Sinodinos has failed to provide documentation to back up his claim on his citizenship form that his lawyers have received formal advice from the Greek government confirming he is not a Greek citizen.
Senator Sinodinos, who is currently on leave while he battles cancer, was born in Australia to parents who were both born in Cephalonia, Greece.
“I engaged ABL (Arnold Bloch Liebler lawyers) to seek advice on Greek law and to conduct searches with relevant authorities in Greece,” Senator Sinodinos says on his form.
“As a result of those searches, ABL received formal advice from the Greek government confirming I am not a Greek citizen nor have I ever been one, and no am I, nor have I ever been, entitled to the rights or privileges of a Greek citizen.”
Unlike other senators citing documentation, Senator Sinodinos has not provided a copy of a letter from his lawyers, or the advice he says they received from the Greek government.
Senator Sinodinos also notes that his wife’s father was born in Dublin, Ireland.
“I have never registered or made any declaration or taken any steps to take up Irish citizenship,” he says on his form.
“My marriage in February 2000 did not confer Irish citizenship on me.”
Rosie Lewis 12.15pm Labor’s Gallagher was British citizen
ACT Labor senator Katy Gallagher was a British citizen when she nominated for last year’s election, clearing the way for a referral to the High Court of Australia.
Documents released through the citizenship register today show the renunciation of her British citizenship, which she gained through her father, did not take effect until August 16, 2016.
Her citizenship disclosure also confirms she was a British citizen in the previous parliament when she was chosen to fill a casual vacancy in March 2015.
Senator Gallagher began steps to renounce any British citizenship on April 20 of last year, with the UK Home Office accepting payment in order to process the request on May 6.
But the UK government wrote to Senator Gallagher on July 1, a day before the election, requesting original documents (her birth certificate and her parents’ marriage certificate) in order to properly process the request.
Advice from immigration lawyer Adrian Berry, who is an expert in British nationality law, says “this request for specific forms of evidence was unnecessary” and she had already supplied what was required when she sought renunciation in April, when she enclosed a copy of her birth certificate.
Mr Berry said in his opinion “Senator Gallagher is not a British citizen”.
“As I took all necessary steps to renounce British citizenship in accordance with the requirements of British law, prior to nomination, I had therefore absolved myself of any impediment under section 44(i) of the Australian Constitution,” Senator Gallagher says in her disclosure statement.
“I have acted, at all times, with the legal advice provided to me,” she said.
“Based on all the advice I have available to me I do not believe that I should refer myself to the Court of Disputed Returns however ultimately that will be a matter for the Senate to determine.”
Nonetheless, Senator Gallagher enclosed original versions of the required documents, and included her father’s birth certificate, on July 20. A stamp of registration of her renunciation shows she ceased being British on August 16.
This puts her in the same camp as Labor’s lower house member Justine Keay and Nick Xenophon Team member Rebekha Sharkie, who took steps to renounce their British citizenship before nominating but did not have their renunciation take effect until after nominations closed.
The government has singled out Ms Keay, Ms Sharkie and Labor’s Susan Lamb - who revealed last month her application to renounce British citizenship was refused by the UK Home Office because it could not determine her status from the documents provided – for referral.
Rachel Baxendale 11.25am: Tim Wilson proposes to partner
Victorian Liberal MP Tim Wilson has proposed to his partner Ryan Bolger on the floor of the parliament.
The pair had exchanged rings some time ago and pledged to marry when it became legal - a situation Mr Wilson referenced in his first speech to parliament last year.
Today’s proposal occurred during Mr Wilson’s speech on the same-sex marriage bill.
“With the indulgence of the Speaker, the person I have to thank most is my partner Ryan,” an emotional Mr Wilson said.
“You have had to tolerate more than most because you have put up with me.
“This debate has been the soundtrack to our relationship. We both know this issue isn’t the reason we got involved in politics. Give us tax reform any day.
“But in my first speech I defined our bond by the ring that sits on both of our left hands, that they are the answer to the questions we cannot ask.
“So there’s only one thing left to do. Ryan Patrick there’s only one thing left to do; Ryan Patrick Bolger, will you marry me?”
Mr Bolger said, ‘yes’, and the House clapped.
Earlier, Mr Wilson thanked Prime Minister Malcolm Turnbull for using the postal survey to find a way through the obstruction on both sides of the same-sex marriage debate.
“This is a marker in your legacy and that of the Attorney-General the Immigration Minister, and the Finance Minister. Thank you,” Mr Wilson said.
He also thanked NSW politician and same-sex marriage advocate Alex Greenwich, and Dean Smith, Trent Zimmerman, Trevor Evans and Warren Entsch who were the original signatories to Senator Smith’s bill and were dubbed the “Rainbow Rebels” within the Liberal Party.
“I suspect the term was originally developed as a means to demonise, but the members for Brisbane, North Sydney and Leichhardt, who I’m very proud to have surround me today, as well as Senator Smith, can reclaim the title of ‘Rainbow Rebel’ as an exclusive moniker of courage and conviction,” Mr Wilson said, singling out Mr Entsch for praise as the only heterosexual man among them.
“A heavy burden fell to us and you have all lived lives of consequence, particularly to you, Warren,” Mr Wilson said.
“Trev, Trent, Deano and myself fought with our heart because this debate chose us. You chose it because justice was in your heart.”
Update: We've dug through Hansard and @timwilsoncomau appears to be the first ever Member to propose on the floor of the House. pic.twitter.com/NLGLxpYIrm
— Australian House of Representatives (@AboutTheHouse) December 4, 2017
We're looking into it. :)
— Australian House of Representatives (@AboutTheHouse) December 4, 2017
Tim Wilson cries as he proposes to Ryan, again, who is sitting in the gallery.
— Geoff Pearson (@GCobber99) December 4, 2017
Ryan gives a very enthusiastic yes and it is marked in the Hansard.
Mark Dreyfus offers his congratulations before giving his speech.
Rachel Baxendale 11.15am: Joyce’s ‘resounding victory’
He may not have been sworn in yet, but Barnaby Joyce has made a triumphant return to Canberra to address the National Party.
The Nationals leader thanks his colleagues for their tolerance, support and enthusiasm while he’s been fighting the New England by-election after being kicked out of parliament by the High Court for holding New Zealand citizenship.
“Right at the very start, we knew this would be a battle. Not just me, obviously for me, but the National Party in general,” Mr Joyce says.
“And what we saw on the weekend was a resounding victory. It wasn’t just a victory, it was a resounding victory where I believe that we had one of the best wins if not the best win to the Coalition from a government member while in government.”
Mr Joyce says the Nationals learnt to focus on the “tactile”, not the “philosophical” in New England.
“If you want to focus on the tactile, if you want to focus on their roads, their mobile phone towers, you want to focus on their jobs, making sure they have got a job, if you want to focus on their power prices, the things that are so important to the person in the weatherboard and iron, if you want to focus on the person, they will give you the grace of their vote,” he says.
“All the time, it is the clear imagery of that National Party ethos. Even if someone isn’t born to the right family, the grace of genealogies, a wallet full of cash, a better education, that person who starts at the bottom, can transcend through the economic and social stratification of life to their highest level, limited only by their abilities. That is an ethos that underpins what the National Party is about.”
Mr Joyce says he rarely “throws a bouquet” to the Greens, but he will over dual citizenship.
“At least they ‘fessed up, and so did the National Party,” he says, before turning to Labor leader Bill Shorten.
“Mr Shorten, it says something about you, something about you, Bill, that even to this day, you have given us all of these slippery words.
“You know full well Mr Shorten that you have people in your party who have questions to answer.
“We could have had all of these by-elections on the one day but you didn’t do it.”
11.10am: Labor’s challenge to Christensen
Labor has challenged rogue Nationals MP George Christensen to keep pressure on the government over penalty rates by backing protections when they go to the lower house.
The opposition, with the support of the Greens and crossbench senators, amended legislation in the Senate removing the requirement for four-yearly reviews of modern employment awards with a measure reversing the industrial umpire’s decision to reduce Sunday penalty rates.
Labor senator Doug Cameron said there was “no excuse” for Mr Christensen, who introduced a private member’s bill with similar measures to parliament in July, to abandon his support for penalty rates when the legislation goes to the House of Representatives.
AAP
Rachel Baxendale 11.07am: ‘Penny, yours has often been a lonely road and a hard road’
Heading into the House of Representatives to deliver my speech on the marriage equality legislation. The people said yes. The Senate said yes. Now it’s time to get this done. pic.twitter.com/NoX3vdOGJ3
— Bill Shorten (@billshortenmp) December 3, 2017
Bill Shorten is the first speaker on same-sex marriage for the Labor Party.
The Opposition Leader is critical of the postal survey process, saying that despite the polls and confident predictions, many LGBTI Australians were “consumed by anxiety” the night before the result came out.
“It wasn’t the unpleasantness of the campaign, it was deeper,” Mr Shorten says.
“I can’t imagine what it would be like to submit your relationships and your identity to an opinion poll of strangers across the country.
“For many of my friends, they all the sudden had to question how welcome they were in own society.
“It was a reminder and a reawakening of old fears, the dread of coming out, being shunned by friends and family who just didn’t get it, the fear of being rejected, targeted, humiliated because of something as basic and natural and human as you -- who you are and who you love.”
Mr Shorten pays tribute to Senator Smith for his bill, and to others in the Coalition who have supported same-sex marriage.
He also congratulates Louise Pratt and Penny Wong on the Labor side, both of whom have LGBTI families.
“Penny, yours has often been a lonely road and a hard road,” Mr Shorten says.
“It is the merging of the personal and political in ways that some of us who vote here, will never have to contemplate that in 2011, your advocacy, along with others, changed our platform and was too modest to say it yourself, in the years to come, (Wong’s partner) Sophie will be able to tell your children about the time that their mum helped change Australia.”
Mr Shorten turns to religious protections, saying respect for the rights of religious institutions to practise according to their own tenets is “right and proper”.
“It is right and proper for Parliament to consider this as a separate statement to this legislation,” he says.
“We look forward to the recommendations put forward by Philip Ruddock’s panel and we look to them in the new Year.
“It is also important to note that nothing in this legislation limits the right of any person to lawfully worship, practice or observe or teach according to their religion, this bill is about extending a quality, not reducing liberty, because enhancing the rights of one group of people does not diminish the freedoms of another.”
Rachel Baxendale 11.00am: 77 speaks for SSM debate
The debate over the same-sex marriage bill in the House of Representatives looks like it’ll take a while.
There are 77 speakers listed so far, including 50 from the ALP, 23 from the government and four crossbenchers.
Bob Katter is the only crossbencher who won’t be speaking on same-sex marriage, evidently sticking to his now famous pledge in response to the Yes vote that he “ain’t spendin’ any time on it, because in the mean time, every three months, a person is torn to pieces by a crocodile in North Queensland.”
10.55am: Guess who’s back in the House?
Welcome back @Barnaby_Joyce Wearing 'escorted visitors' pass back into Party Room @James_Jeffrey @srpeatling #auspol pic.twitter.com/beYvO0UP7H
— Darren Chester MP (@DarrenChesterMP) December 3, 2017
Rachel Baxendale 10.48am: Smith bill seconded in House of Reps
Up next speaking on same-sex marriage is Queensland MP Trevor Evans who with Mr Entsch and fellow gay MPs Tim Wilson and Trent Zimmerman first backed Dean Smith’s bill.
Now it’s his job to second the bill in the House, after it passed the Senate last week.
Evans, a form National Retail Association chief, says people across his electorate of Brisbane were delighted by the Yes vote, with 79.5 per cent in the seat voting Yes.
“In cafes and workplaces across Brisbane, people clapped and cheered. They hugged complete strangers and people cried with a mixture of relief and joy,” Mr Evans says.
“My partner Roger and I shared in that emotion.”
Mr Evans says the issue is deeply personal for him, but that it isn’t about him or other parliamentarians.
“This is about a million other people out there around Australia and for them, we have just created a national watershed moment,” he says.
“Every person out there who may be questioning themselves or their value, feeling isolated, lonely, vulnerable, they know now without any doubt that the majority of Australians support them and they want them to be equal.
“This bill has the support because it doesn’t open any new forms of discrimination and equally, it does not remove any religious freedoms or protections.
“In conclusion, Mr Speaker, it is with pride and joy and love that I second this bill. It is a good bill.”
Rosie Lewis 10.40am: What MPs must disclose
Like senators, members will have to disclose the following in relation to their citizenship status:
Members’ statements in relation to citizenship
(1) By not later than 9am, 5 December 2017 (and otherwise within 21 days of making and subscribing an oath or affirmation as a Member of the House of Representatives) each Member shall provide to the Registrar of Members’ Interests a statement containing the following:
(a) a declaration by the Member that, at the time the Member nominated for election to the House of Representatives in this 45th Parliament, he or she was an Australian citizen;
(b) a declaration that the Member is not a citizen of any country other than Australia;
(c) a declaration stating:
(i) the place and date of the Member’s birth;
(ii) the citizenship that the Member held at the time of birth; and
(iii) if he or she did not obtain Australian citizenship at birth, the date he or she was naturalised as an Australian citizen;
(d) so far as the Member is aware the place and date of birth of the Member’s parents, grandparents and spouse (if applicable);
(e) whether the Member has ever been a citizen of another country and, if so, which country or countries;
(f) what steps the Member has taken to assure him or herself that the Member has not acquired citizenship of another country by descent, marriage or other means;
(g) if the Member has answered the question in (e) in the affirmative, details and evidence of the date and manner in which the Member’s citizenship of that other country was renounced (if it was renounced) and/or the date and manner in which it came to an end in accordance with the laws of that other country;
(h) if the Member’s citizenship of that other country had not come to an end at the date of his or her nomination for the House of Representatives, details and evidence of any steps the Member has taken to renounce the citizenship of that other country prior to the date of nomination; and
(i) if the Member has declared that he or she was at the time of nomination or is now a citizen of a country other than Australia, on what basis the Member contends that he or she is, nonetheless, not disqualified under section 44(i) of the Constitution.
Rosie Lewis 10.35am: 9am tomorrow for citizenship docos
Lower house MPs have until 9am tomorrow to hand in their citizenship documents after the parliament agreed there need to be “ample time” to make any referrals to the High Court this week.
Leader of the House Christopher Pyne said the government, Labor and crossbenchers had agreed to establish a register of citizenship disclosure statements with a deadline of tomorrow morning after making a “fair assumption” most people had checked their status and steps they took to renounce any foreign nationality.
It is likely the documents will then be made public late on Wednesday or first thing Thursday morning.
“We want to give the Speaker and the clerks ample time to be able to get the information up onto the internet to enable people who are interested to examine the evidence as presented by members and then to give us ample time in the House of Representatives this week to refer any members to the High Court if that is in fact necessary,” Mr Pyne told the chamber.
“In the case of at least three members, the government believes it will be necessary and that is not a debate we have to make today.”
Labor MPs Justine Keay and Susan Lamb, as well as Nick Xenophon Team MP Rebekha Sharkie are in the government’s sights.
Senators’ citizenship disclosure statements will be published at midday. Stay tuned as we pore over them.
Rachel Baxendale 10.30am: SSM bill ‘only about marriage’
North Queensland LNP MP Warren Entsch, a veteran same-sex marriage campaigner, has kicked off debate on the issue in the House of Representatives.
Wearing a lurid rainbow tie, Mr Entsch begins by talking about how he stood in the Coalition party room when John Howard changed the definition of marriage to being between a man and a woman in 2004 and questioned the decision.
“To me, it didn’t make any sense, denying any Australian equal status and the same of dignity and respect is, in my mind, completely unAustralian,” Mr Entsch says.
“To me, it was really quite simple. I don’t understand how one section of our community should be treated any different to any other.”
Mr Entsch lists a number of people who he says have shared their stories with him and helped reinforce his commitment to fighting for LGBTIQ rights.
The first person he mentions was a male friend he got to know living in Western Queensland, who is now a woman called Alanna who works as a doctor in Victoria.
Mr Entsch says a “huge amount of effort” has been put into Dean Smith’s bill.
“A whole range of religious protections are already in place,” he says
“This bill is about marriage and only about marriage. Nothing in this bill takes away the existing rights of freedom.
“There may be an amendment is proposed, amendments on free speech, discrimination, education, charity law and tax law.
“They are all worthy causes and important debates but they don’t need to form part of this bill today.
“Australians are sick of excuses and are sick of delays.”
10.20am: Joyce return ‘will help Nats spirit’
Nationals senator Bridget McKenzie turned up to parliament for the final sitting week of the year brandishing a yellow ‘Barney Army’ shirt for the cameras. The return of leader Barnaby Joyce, following an easy win in the New England over the weekend, would bolster “team spirit” within the coalition, she predicted.
“I think having him back on the ground, in Canberra and back in the party room will do a lot for our team spirit and to bring us back together,” Senator McKenzie told reporters.
AAP
Greg Brown 9.20am: Christensen ‘made blue’ over leaving
Infrastructure Minister Darren Chester says Nationals MP George Christensen made a “blue” when he told journalists he would leave the government before Christmas if Malcolm Turnbull remained Prime Minister.
The Victorian Nationals MP said he would forgive his Nationals colleague “in the spirit of Christmas” but noted other Coalition MPs would “probably not” be so generous.
“I think George has made a blue over the last couple of weeks, he has acknowledged he has made a bit of blue and in the spirit of Christmas I am happy to forgive George and move on,” Mr Chester told Sky News.
Leader of the House Christopher Pyne said he was “disappointed” Mr Christensen threatened to leave the government but welcomed the maverick Queenslander’s about face on the weekend.
Mr Pyne said it was “interesting” Mr Christensen made the threats to leave government to News Corp columnists Andrew Bolt and Peta Credlin, who are strong supporters of Tony Abbott.
“I think it is interesting that George Christensen apparently made those comments to Andrew Bolt and Peta Credlin, who are supposed to be columnists and journalists and they were engaged in that discussion with him,” Mr Pyne told ABC radio.
“I would say therefore you could characterise them as naysayers of the Turnbull government, I think they would agree with that.”
Mr Christensen allowed Bolt to write a story saying a Coalition MP would leave before Christmas if Mr Turnbull remained in the top job. Mr Christensen repeatedly denied he was the MP until an embarrassing about-face on the weekend, when he withdrew his threat.
Greg Brown 8.45am: ‘No need to refer me to High Court’
Labor MP Susan Lamb says she won’t support any moves to refer her to the High Court over her citizenship cloud.
Ms Lamb, who did not successfully rescind her British citizenship when she was nominated as a candidate before the 2016, said she was confident she was eligible to sit in parliament.
She said it would be a waste of money for her case to be heard by the High Court.
“We already wasted $122 million on a postal survey, why waste any more money? I’m confident there is no need to,” Ms Lamb told ABC radio.
Labor is arguing she took “reasonable steps” to rescind her citizenship which was the precedent set in the Sykes v Cleary High Court judgment in 1992.
Greg Brown 8.40am: Shorten ‘harbours’ MPs over citizenship
Leader of the House Christopher Pyne has accused Bill Shorten of “harbouring” and “protecting” Labor MPs with citizenship issues.
He said the government would refer any MP to the High Court if they had a cloud over their eligibility, including ones from Labor or the crossbench. Labor MPs Susan Lamb and Justine Keay had not successfully rescinded their British citizenships before they were nominated as Labor candidates before the last election.
“Labor is still harbouring members who clearly have issues around their citizenship, Susan Lamb has admitted that the UK wrote back to her indicating she hadn’t provided the information required for her to renounce her citizenship, so she was a UK citizen when she was nominated and the same thing with Justine Keay,” Mr Pyne told ABC radio
“Therefore both have serious clouds over their citizenship and Bill Shorten has harboured and protected them rather than doing the right thing which was to get then to resign and have by-elections.”
Mr Pyne said the government was confident there were no other Coalition Mps with issues as it has “done our own investigations”.
Greg Brown 8.20am: No ‘strong’ advice over foreign donations
Manager of Opposition Business Tony Burke says Labor had not been given “strong” advice about the security risks involved with accepting foreign donations at the time Bill Shorten is alleged to have met Chinese billionaire Huang Xiangmo at his Sydney home and asked for a donation.
Mr Burke said security warnings about accepting donations from certain people “strengthened over time” after Mr Shorten was reported to have visited Mr Huang at his Mosman mansion in March 2016 to ask for election campaign donations.
Fairfax Media reported the meeting took place after ALP national secretary George Wright was warned by security agencies about Chinese interference in Australian politics via donations.
“In 2015 we weren’t getting advice as strong as far as I understand it back then,” Mr Burke told ABC radio.
“This is why, as security advice strengthened, Labor took a decision that the government still hasn’t taken: that for the people that had concerns about them we would stop taking donations from them.
“You’ve got to work on the basis of what are the security agencies are advising could be a problem and the advice that they have been giving that has been strengthening has been to not be taking donations.”
Mr Burke said enough action had been taken on Labor senator Sam Dastyari, who was sacked as deputy opposition whip for warning Mr Huang his phone may be tapped.
“As long as Ive been in the building, when there is an argument against a minister or a member of parliament the sanction that is sought is that they lose the various additional additional offices that they have,” he said.
What’s making news:
Malcolm Turnbull has gained a vital polling boost to his leadership as the Coalition regains ground against Labor ahead of a bruising parliamentary debate on same-sex marriage this week that is set to spark a divisive push by conservatives to widen religious protections.
Scott Morrison will lead nearly a dozen Coalition MPs in amending a same-sex marriage bill by insisting on safeguards for charities as Tony Abbott fights a rearguard action aimed at encouraging the courts to protect defenders of traditional marriage.
Malcolm Turnbull is threatening an “acid test” of Bill Shorten’s integrity, with plans to refer Labor and crossbench MPs whose citizenship status is in doubt to the High Court this week.
Malcolm Turnbull has hinted at a possible probe into disgraced Labor senator Sam Dastyari’s dealings with Chinese Communist Party-linked businessman Huang Xiangmo, saying “people should not assume” Senator Dastyari was not being investigated.
Barnaby Joyce will not enjoy an immediate return to parliament for its final session despite a thumping victory that saw him regain the seat of New England with the largest primary swing to a government in a by-election since federation.
Coalition MP George Christensen has apologised for lying about threats to desert the Nationals and sit as an independent MP.
Malcolm Turnbull believes there is enough fat in the budget to pay for personal income tax cuts before the next federal election but also hopes to have another go at getting tax cuts for large companies through the Senate.
Donald Trump’s rollout of the $US1.5 trillion tax and jobs plan — the largest overhaul to the American tax system since the Reagan era — could see investment dollars sucked out of Australia unless the federal government is able to pass business tax cuts to counter the sweeping effects of the bill passed by the US Senate over the weekend.
Miners change tune on climate change
Peak mining industry body The Minerals Council of Australia has joined the fight on climate.
Labor to turn up heat on Taylor
Labor will use the final two weeks of parliament to heap pressure on Energy Minister Angus Taylor.