Malcolm Turnbull clears way for double dissolution election

Bill Shorten declares Australia is witnessing a Prime Minister “in full panic mode” | TODAY’S KEY POINTS

Rosie Lewis and Sarah Martin

18 min read

11:04PMMarch 21, 2016

Malcolm Turnbull at his press conference today.

Key dates to watch
Turnbull clears way for early poll
ABCC “absolutely critical”: Morrison
“Another ambush from PM”
Move “too clever by half”: Day
MPs to stay sitting to block delays

Malcolm Turnbull has announced a surprise recall of both houses of parliament on April 18 to consider the re-establishment of the Australian Building and Construction Commission and Registered Organisations Bill, warning he would call a double-dissolution election if the Senate fails to pass the key industrial relations reforms.

10.22pm:

‘More holes than shooting range’

Jacqui Lambie has confirmed she will not support the government’s push to re-establish the building industry watchdog, saying it has “more holes in it than the target at the shooting range.”

Speaking on the ABC’s Q&A program, the independent Tasmanian senator added she would not be “blackmailed” by Prime Minister Malcolm Turnbull’s surprise move to recall parliament in order to force the senate to vote on the Australian Building and Construction Commission bills.

See Jacqui Lambie’s full comments about the ABCC, here.

10.10pm:

‘Turnbull running on my record’

Tony Abbott has declared that Malcolm Turnbull is running for election on the Abbott government’s record, pledging support for the Prime Minister but noting that the government’s policies have remained the same under both leaders.

Read his full comments in David Crowe’s piece, here.

8.24pm:

‘No one silver bullet’

Malcolm Turnbull has told the ABC’s 7.30 program that the government would take a comprehensive workplace relations policy to the election and a tax policy which would be set out in the budget.

“There is no one silver bullet - not workplace relations, not tax reform. You need to be pulling on every lever,” he said.

The prime minister also took offence when host Leigh Sales asked him what the point of “knifing” Mr Abbott was, as he moved to differentiate himself from his predecessor.

Watch Turnbull’s 7.30 interview in full, here.

The next election will be fought under new rules passed by the parliament last week, which experts say will make it harder for micro-party and independent candidates to win Senate seats.

With Labor and Greens opposing the ABCC, the government needs the support of six of the eight crossbench senators to pass the bills.

Independent Nick Xenophon said he would support the ABCC bill if his amendments are accepted.

Liberal Democrats senator David Leyonhjelm wants a sunset clause and guarantees on individual liberties.

“If it’s a take-it-or-leave-it attitude, then I’m going to leave it,” Senator Leyonhjelm said.

Palmer United Party senator Dio Wang said he would be seeking to amend the ABCC bills, but had not yet decided how to vote.

Family First senator Bob Day will back the laws but won’t be heeding Mr Turnbull’s call to him on Monday to lobby other senators.

Independent senator Glenn Lazarus said he remained opposed to the ABCC and instead wanted a national anti-corruption commission covering all areas of business, industry and government.

Another independent John Madigan said courts and police should be properly resourced to deal with corruption.

Asked whether he would consider amendments, Mr Turnbull said: “The time has come to pass the bills.”

Employment Minister Michaelia Cash, who is in charge of negotiations, said she would talk in good faith, but won’t tolerate “amendments just for amendments’ sake”.

5.52pm:

‘Labor is being set up to fail’

Labor strategist Bruce Hawker says the party should support the government’s bid to reinstate the building industry watchdog. A key campaign adviser to former prime minister Kevin Rudd, Mr Hawker said Labor should be aiming to ensure the Australian Building and Construction Commission is pushed to the background as an issue before the election.

“It’s one of those issues where Labor is being set up to fail,” Mr Hawker told Sky News.

5.50pm:

Victorian budget moved

Victoria has moved its state budget forward to avoid a clash with the federal budget, as the treasurer says the state has been given “tawdry” treatment.

May 3 clashes with Victoria’s date, so Victorian Treasurer Tim Pallas said he would deliver his six days earlier on April 27.

“It is something that I think is disappointing, in the sense that what it does reflect is a pretty tawdry treatment of the state of Victoria by the commonwealth,” Mr Pallas told reporters on Monday.

“It would have been better if they stuck to their traditional dates, if we all had stuck to our traditional dates.” Mr Pallas said the community deserved to be able to scrutinise both budgets separately.

Victoria’s Treasury has been working on the assumption that the federal budget would be moved forward since speculation began weeks ago.

4.35pm:

Wang “may support bill”

Palmer United Party senator Dio Wang says it’s “possible” he’ll support the government’s bid to bring back the building industry watchdog.

Senator Wang abstained when the bills to restore the Australian Building and Construction Commission last came before the Senate and were defeated.

But asked on Sky News on Monday whether he could back the bills when they returned for debate in April, the West Australian senator said: “I think that’s a possibility.”

4.33pm:

“Blame Greens if ABCC bill passed”

Crossbench senator Ricky Muir says the Greens will be to blame if the government’s building watchdog laws are passed.

Senator Muir said he had concerns about the Australian Building and Construction Commission’s coercive powers and wanted the laws broadened to include employers and sham contractors.

But the Australian Motoring Enthusiast Party senator said he believed the laws would pass, either during the April sittings or after a double-dissolution election.

This was because the Greens had voted with the government last week to make changes to the way in which senators are elected, which experts say will lead to a wipe-out of the crossbenchers. “That’s at the hands of the Greens,” Senator Muir told reporters in Melbourne.

“They went for the power and they’ve already seen unintended consequences.” He said he was not surprised at Prime Minister Malcolm Turnbull’s decision to recall parliament and bring on a July 2 election if the laws are not passed.

“I’m very disappointed,” he said.

“Would this make me vote for the ABCC legislation? No.”

3.47pm:

Bullying incident Michaelia Cash will never forget

After she was given the union-busting industrial relations portfolio, Michaelia Cash said of the construction union: “They’re militants. They don’t play by the rules and they should be held accountable. It’s as simple as that.” Read Elizabeth Colman’s account here.

On Thursday, Senator Cash waved The Australian’s recent front page on fined unionists in the Senate chamber. See video here (from 14.25).

Australian Greens leader Richard Di Natale speaks to the media. Picture: AAP.

3.17pm:

PM using Abbott playbook of union bashing: Di Natale

The Greens say they won’t be backing government laws to bring back the building industry watchdog. Greens leader Richard Di Natale said the government should instead establish a broadbased national anti-corruption watchdog. “We’re seeing Malcolm Turnbull using the issue of the building commission as a bludgeon to try and get his way through the Senate, continuing on the divisive, destructive approach employed by Tony Abbott,” Senator Di Natale told reporters in Melbourne on Monday.

2.45pm:

Key quotes on Turnbull’s move

Malcolm Turnbull: “The time for playing games is over. The time has come for the Senate to recognise its responsibilities and help advance our economic plans rather than standing in the way.”

“Australians will not be able to afford the infrastructure of the 21st century unless the rule of law returns to the construction industry.”

“The issue in the election is who do you believe is best able to continue successfully to manage Australia’s economic transition?”

Bill Shorten: “Mr Turnbull has decided to put his own future ahead of Australia’s future. Today Australians have seen a prime minister in full panic mode.”

“Mr Turnbull is just simply anti-union, and ... we will not allow this legislation to be a camouflage from the real issues.”

Employment Minister Michaelia Cash: “I will be negotiating in good faith with the crossbenchers. But I’m not about to tolerate amendments just for amendment’s sake.

“You are talking about eight people with eight fundamentally different objectives. So whilst you might ... agree something, by the time you get to No.8, No.1 may have substantially changed. It’s not an easy process.”

Deputy PM Barnaby Joyce: “I don’t think it’s bullying ... when you’ve been discussing them all the way through your term.”

Independent Senator Nick Xenophon: “If last week was pretty ugly, this debate will be even uglier.”

Independent Senator Glenn Lazarus: “I feel like it is a threat, but I’m not going to be blackmailed or bullied.”

Family First Senator Bob Day: “I don’t think the cross bench is in much of a mood to co-operate.”

Independent Senator John Madigan: “I won’t be bullied, I won’t be intimidated and I’m shocked by nothing this government dishes up to the country.”

2.10pm:

PM “only talks to people he can schmooze”

Without the support of Labor or the Greens, the government will need to convince six of the eight Senate crossbenchers to vote for its ABCC and registered organisations bills.

But the government-Greens deal has damaged the relationship between the crossbench and Malcolm Turnbull, making some of the independents less inclined to help the PM get his agenda through parliament.

Today’s announcement has seen a wide range of responses from the crossbench.

Palmer United Party senator Zhenya Wang has welcomed the PM’s “decisive action” after “months of uncertainty and threats” on election timing.

“Australians don’t want chaos and dysfunction from government – what they need is certainty, and finally they have it with today’s confirmation by the Prime Minister that the government’s industrial relations agenda will be considered in extra parliamentary sittings before the Budget,” Senator Wang said.

He hopes the government will look closely at his suggested amendments.

But independent senator John Madigan is not impressed the PM has called some crossbenchers but not others.

“He only talks to people he can schmooze, not people with integrity,” Senator Madigan told The Australian.

1.55pm:

PM in full panic mode: Shorten

Bill Shorten has seized on Malcolm Turnbull’s decision to recall parliament early by declaring Australia was witnessing a Prime Minister “in full panic mode”.

The Opposition Leader also says the fact Scott Morrison didn’t know the budget was going to be brought forward on morning radio demonstrated “the chaos at the heart of this dysfunctional and divided government”.

“If (Mr Turnbull) wants parliament to sit on April 18, we will turn up, of course we will, but we won’t be distracted on behalf of the interests of the Australian people by Mr Turnbull’s games. Mr Turnbull has a plan for his re-election; he just doesn’t have a plan for Australia.”

1.41pm:

Robert Gottliebsen

If there is an election, Australians will have the opportunity to reduce their infrastructure costs by between 25-30 per cent. Read Robert Gottliebsen’s comment piece here.

1.21pm:

Parliament to sit for three weeks to avoid delay tactics

Attorney-General George Brandis has made it clear the government will keep parliament sitting for at least three consecutive weeks to overcome any delaying tactics by Labor and the Greens to counter the threat of a double dissolution election.

The government will use all that time if necessary to debate the restoration of the Australian Building and Construction Commission, the bill that would become a new trigger for an election if it is rejected.

“The Senate will set for three full weeks and this will be its business,” Senator Brandis told Sky News.

“And in a sense every delaying tactic that the Labor Party and the Greens embark on will be further evidence of the Senate using unusual measures so as to constitute a failure to pass within the meaning of Section 57.”

Under Section 57 of the Constitution, the Prime Minister can ask the Governor-General to dissolve parliament if the Senate rejects the same bill twice.

Senator Brandis says the Governor-General was given “good time” to consider and accept advice he received from the PM but won’t specify how many hours or days the GG pondered whether to use his powers to recall parliament.

Sir Peter and Mr Turnbull met on Friday after the Senate voting reform bill finally passed parliament but the publicly released letters between the duo signalling parliament would be recalled are dated 9.15am today.

“The Governor-General was of course afforded the courtesy of sufficient time to consider the advice of the Prime Minister,” Senator Brandis tells Sky News.

1.12pm:

We aren’t joking: Joyce

Deputy Prime Minister Barnaby Joyce said it was “incredibly important” that the construction sector had the impetus to create jobs and said Mr Turnbull had laid out a “clear path” for reform.

He rejected suggestions that the government was “bullying” the Senate into voting for its workplace reforms.

“They (the senators) must understand our commitment to this. We are not joking. This is not some sort of play,” the Nationals leader said.

“If they don’t pass it, we will have a double dissolution election, because the Australian people deserve that respect to get delivery on outcomes they formally voted for.” he said.

Mr Joyce said the Australian people had a constitutional right to a double dissolution election and it was not a “radical” option.

“This is an issue that must be resolved.”

12.54pm:

“Another ambush”

Liberal Democrat senator David Leyonhjelm says today’s announcement “is another ambush” by the PM, like when the government announced it was going to overhaul the Senate voting system.

On the ABCC bill he says he’ll either abstain or vote for it, depending on what amendments the government is willing to negotiate.

“I want to know what they are going to say to me to convince me that I should support their bill. I don’t much like it. It’s got some elements in it that I don’t like,” Senator Leyonhjelm says on ABC TV.

Unlike Senator Day, the PM has not yet called Senator Leyonhjelm to garner his support for the legislation.

12.51pm:

Turnbull “blackmailing” crossbench

Independent senator Glenn Lazarus has accused Mr Turnbull of “blackmailing” the crossbench.

“I feel as though it is a threat but I’m not going to be, I guess, blackmailed or bullied into making a decision that I think isn’t in the best interests of Queensland,” he said.

“At no stage did I say to Malcolm Turnbull or this very government that I’m just not going to vote on bills or policies that you come up with because you’re the government. I don’t vote for their bills and for their policies because they’re garbage.”

Senator Lazarus reaffirms his position on the ABCC bill – he will only vote for it if it is amended and transformed into a kind of federal ICAC that looks at corruption in all industries, not just in construction.

12.29pm:

Important economic reform: Cash

Employment Minister Michaelia Cash has been spruiking the ABCC and registered organisations bills on ABC News 24.

“For us this is an important economic reform and sits nicely with the government’s economic agenda. I mean the building and construction industry is the third-largest employer in Australia. The sector employs in excess of a million Australians through the thousands of small businesses. So when you’re talking about growing Australia, increasing productivity but at the end of the day creating more jobs for Australians, you cannot have a sector that for decades now has shown it wilfully and quite deliberately does not comply with workplace law.”

Senator Cash says if Labor or crossbenchers try and set up another inquiry into the ABCC bill it will be deemed as “genuine obstruction and a deliberate step towards a failure to pass the legislation”.

12.16pm:

Move “too clever by half”: Day

Family First senator Bob Day has told Sky News Mr Turnbull called him this morning to seek his help to get other crossbenchers on board and vote for the ABCC and registered organisations bills.

But Senator Day says after Senate voting reform passed last week he’s not sure the crossbench will be in “much of a mood to co-operate”. However he’ll support the bills, as he did previously.

Senator Day says the move by Mr Turnbull to recall the parliament and bring forward the budget is “too clever by half”.

“I’m not so sure that this is going to work out exactly as the Prime Minister and the crossbenchers’ have anticipated. I don’t expect it to go all that well,” he said.

“They won’t get the ABCC through and they won’t clear out he minor parties and independents from the Senate so they’ll get neither of the things that they’re after.”

.@Nick_Xenophon "Well if you thought last week was ugly in the Senate, you ain't seen nothing yet" #auspol
â€” ABC News 24 (@ABCNews24) March 21, 2016

12.14pm:

Budget timing “up to PM”

Scott Morrison said the timing of the budget was up to the Prime Minister, who had advised this morning’s cabinet teleconference that it would be brought forward by a week.

“It’s my job to deliver the budget, it’s his job to decide on what day it’s delivered,” Mr Morrison said.

The Treasurer said he was looking forward to releasing the government’s key economic statement and was prepared to fight an election on economic management, including the critical importance of a lawful construction industry.

“I’m looking forward to it, because it’s going to be a night when Australians once again see that this is a government that is focused on jobs and growth. This is a government that is focusing on supporting the positive transition that is taking place in our economy,” he said.

Responding to comments from Cabinet Secretary Arthur Sinodinos about potential cuts to company tax rates, Mr Morrison said the government would be “single-mindedly” focused on policies that would drive investment.

“It is investment that is going to set up the next phase of our transition, particularly in the non-mining sector,” he said.

“It is critical that as we frame this budget, that we single-mindedly look at the ways to which investment can be supported to drive jobs and growth.

“People’s jobs depend on the continuing transition of this economy, and you don’t put that at risk by spending, spending, spending and taxing, taxing, taxing as Labor will do.”

11.56am:

Turnbull releases correspondence with GG

Mr Turnbull has released correspondence between him and Governor-General Sir Peter Cosgrove that show his reasoning for recalling parliament early.

In a letter sent to the GG today, the PM asks Sir Peter to exercise his power under section 5 of the Constitution to summon the parliament to sit at and from 9.30am on Monday April 18 for a new session of parliament.

Section 5 of the Constitution states: The Governor-General may appoint such times for holding the sessions of the parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue the parliament, and may in like manner dissolve the House of Representatives.”

ATTACHMENT: PM’s letter to Sir Peter Cosgrove

Attorney-General George Brandis has also written to Sir Peter to give his assurance the “course advised by the Prime Minister is soundly based in constitutional law and well-supported by a large and uniform body of constitutional precedents”.

According to a paper attached by Senator Brandis, the prorogation and recall of parliament on the advice of the PM has occurred 28 times since federation and is “common”.

In a letter responding to Mr Turnbull dated 9.15am today, Sir Peter says he has “acted on your advice” and exercised his power under section 5 of the Constitution to prorogue parliament with effect from 5pm on April 15 and summon the parliament to sit from 9.30am on April 18.

11.47am:

Chris Kenny

Chris Kenny writes: The Prime Minister has delivered an ultimatum to Labor and the Senate crossbenchers – pass two crucial bills designed to tackled union corruption or face a double dissolution election. Read his comment in full here.

11.35am:

ABCC “absolutely critical”: Morrison

The Treasurer, speaking after Mr Turnbull’s announcement, said it was “absolutely critical” for a “successful transitioning of our economy” in the construction industry.

“The ABCC, which played a critical role in reducing the number of days lost to disputes and improving the productivity of the construction sector, is critical to the transition story of our economy,” Mr Morrison said in Sydney.

“It’s removing the sort of impediments that get in the way of this successful transition that the Turnbull government is all about, because we know we are at a very important time in our economic transition.”

11.28am:

Morrison warned radio listeners first

An hour before Mr Turnbull’s surprise announcement Scott Morrison was on 2GB radio assuring listeners the budget would be on May 10.

The Prime Minister said there had been a “cabinet call” shortly before he held his press conference.

COMMENT: Be careful what you wish for

11.19am:

Turnbull ‘worried about keeping his job’ - Shorten

Bill Shorten, who has called a press conference for later today, said he was “not surprised” that Mr Turnbull had moved to bring forward the election.

“It doesn’t surprise me because we all know that the biggest question keeping Mr Turnbull up at night is not how to repair the budget, it is not how to make sure that children have good dental care, it is not about how to make sure that people with chronic conditions like diabetes don’t have to pay more to get pathology tests, he’s not staying up at night worrying about first homeowners being priced out of the housing market,” the Opposition Leader said.

“He is purely and utterly worried about when to call the election so he can keep his job, he is just not thinking about anyone else’s jobs.”

Independent senator Nick Xenophon, who has been supportive of the construction industry reforms, said that if the government wanted a debate on the ABCC bill, the Senate needed to “get on with it”.

“I imagine that if last week was pretty ugly, this debate will be even uglier,” Senator Xenophon said. “It seems that the Prime Minister is anxious to get on with it. I am always ready to get on with it.”

Senator Xenophon said he would support the ABCC bill “with some sensible amendments”.

11.05am:

Business welcomes Turnbull move

The Australian Chamber of Commerce and Industry welcomed Mr Turnbull’s move to prioritise the legislation, saying business was craving certainty.

“The reaction from business everywhere is that this is a really clear message to the Senate; this is absolutely vital legislation for the Australian economy and must be passed,” ACCI spokeswoman Patricia Forsythe said.

“The most important thing is that we are looking for certainty and we are looking for this legislation to be passed.

“If this is to be the key trigger, they (the Senate) have it in their own hands to get on and pass the legislation.”

10.30am:

Turnbull clears way for early poll

Declaring “the time for playing games is over”, the Prime Minister also revealed the budget would be brought forward from May 10 to May 3 so Bill Shorten had time to deliver his reply speech before any early poll was called on or before May 11.

“This is an opportunity for the Senate to do its job of legislating rather than filibustering,” Mr Turnbull said.

“The go-slows and obstruction by Labor and the Greens on this key legislation must end. The Senate will have an additional three sitting weeks to deal with the ABCC and registered organisations legislation; plenty of time to pass these important laws.”

Asked if Morrison knew about change of date for his budget, Turnbull says he had a cabinet (phone) call "just now".
â€” Phillip Hudson (@PhillipMHudson) March 20, 2016

Mr Turnbull said if the two pieces of industrial relations legislation were passed by the Senate then there would not be an early poll.

The time for game playing is over. Parliament has been recalled to consider the ABCC and Registered Organisations Bills.
â€” Malcolm Turnbull (@TurnbullMalcolm) March 20, 2016

The ABCC bill has been rejected once and the Registered Organisations Bill has been rejected twice by the upper house, meaning it can already be used as a double dissolution trigger.

If there is an early election, it would be held on July 2 Mr Turnbull said.

“My message is that we are calling the double dissolution election because we need to secure support in a double dissolution election from the Australian people for important economic reforms, which in this case relate to the construction industry and of course union and employer organisations more generally,” Mr Turnbull said.

“These reforms will ensure that unions are more accountable, more transparent, managed in the same transparent manner that public companies should be managed. That’s essentially what the Registered Organisations Bill is aimed to do.

Mr Turnbull also said since the abolition of the ABCC by the former Labor government the construction industry had seen lawlessness and productivity worsen while “the level of disputation has increased”.