Night-time politics
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As we leave the blog, estimates committees continue with Duncan Lewis, director general of the Australian Security Intelligence Organisation (Asio) and Michelle Guthrie, head of the ABC. Later tonight, George Brandis is expected to make a statement on the Bell matter after his committee chair Ian Macdonald successfully postponed it to a quieter news period after dinner.
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There was 42-year-old electrician from Young arrested today, charged with terrorism offences.
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The long-awaited report into section 18C of the Racial Discrimination Act was released today. It contains a range of options from changing the complaints process to removing “insult and offend”. It was a bipartisan report which may be ignored or not but does not provide a clear path to changing the act in line with calls from the conservative end of the Liberal party. Barnaby Joyce says he has not experienced any clamour for change in the sugar sheds of Queensland.
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The head of Australia Post Ahmed Fahour told a Senate committee that he felt sad for Pauline Hanson, given her comments raising his Islamic beliefs in a wider conversation about his level of remuneration. Fahour confirmed he had resigned without a “golden handshake”, that his former minister Malcolm Turnbull had not contacted him prior to critical comments and that he was considering leaving the post anyway. The Coalition and Labor gushed over his performance in the committee in front of Fahour and minister Mitch Fifield agreed that it was not for politicians to set pay levels.
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LNP dissident George Christensen has given up the role of government whip, given he is easily the most outspoken person in the party. The party will choose a new whip later in the week but he said it was not the first step out the door.
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The attorney general, George Branids, accused the Human Rights Commission president, Gillian Triggs, of hiding behind procedures while Triggs revealed cartoonist Bill Leak could have stopped the complaint by confirming he created the cartoon “in good faith”.
I think that is enough for one day. We will catch up on the Senate midnight cowboys and girls in the morning. Thanks to my brains trust, Paul Karp, Katharine Murphy and Mike Bowers.
I will leave you with a few more pictures.
Good night.
Updated
The Racial Discrimination Act says in part:
It is unlawful for a person to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
But also,
Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c) in making or publishing:
(i) a fair and accurate report of any event or matter of public interest; or
(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.
Chair Ian Goodenough said there was no consensus on the committee so they thought they would provide the government with a range of options.
Asked about his personal view, Goodenough says he believes the government should consider raising the standard above “offend” and “insult”.
Here is an example of one of the recommendations in the bipartisan report - as flagged by Katharine Murphy one day ago.
The range of proposals that had the support of at least one member of the committee included:
(a) no change to sections 18C or 18D;
(b) amending Part IIA of the Racial Discrimination Act 1975 to address rule of law concerns and to ensure that the effect of Part IIA is clear and accessible on its face, by codifying the judicial interpretation of the section along the lines of the test applied by Kiefel J in Creek v Cairns Post Pty Ltd that section 18C refers to ‘profound and serious effects not to be likened to mere slights’;
(c) removing the words ‘offend’, ‘insult’ and ‘humiliate’ from section 18C and replacing them with ‘harass’;
(d) amending section 18D to also include a ‘truth’ defence similar to that of defamation law alongside the existing 18D exemptions;
(e) changing the objective test from ‘reasonable member of the relevant group’ to ‘the reasonable member of the Australian community’; and x
(f) criminal provisions on incitement to racially motivated violence be further investigated on the basis that such laws have proved ineffective at the State and Commonwealth level in bringing successful prosecutions against those seeking to incite violence against a person on the basis of their race.
The 18c report has landed on the website.
Here is the takeout from it.
There are 22 recommendations.
But, there are no defining recommendations. Most of them relate to procedural changes to improve the process for dealing with complaints, including time limits.
Essentially, this issue had been flicked to the joint parliamentary committee on human rights by Malcolm Turnbull. The committee has flicked it back to the leadership.
Julian Leeser, who took over Philip Ruddock’s seat of Berowra, says the committee took much evidence and there was a range of views.
All of them told us that the process was the punishment, says Leeser on Sky.
This means the bottom line is the freedom warriors – including Tony Abbott – get no clear path to removing offend and insult from the Racial Discrimination Act.
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Give me a break.
As much as we would have loved to be there to grill Board on #auspost salaries, Australians have us working on more important issues today https://t.co/FhgD63eQ6U
— Sen. Malcolm Roberts (@SenatorMRoberts) February 28, 2017
*live blogger falls off chair*
Given Ian Goodenough is still giving his preamble, Leeser also said:
These reforms will return section 18C to its intended function as an important but limited protection against the worst kind of racial hate speech. They will also put important limitations on the types of complaints that are pursued and provide more oversight of the Human Rights Commission.
Section 18C plays an important role in our multicultural society. However, it was always intended as a limited protection, to be used only in serious cases. The way the law is currently being administered allows too many nuisance complaints. The threshold for making a complaint is so low as to be virtually redundant. These reforms will see that complaints with no prospect of success, such as those made against the QUT students and Bill Leak, thrown out.
Fellow Liberal committee member Julian Leeser has beat the chair to put out a statement.
From Leeser:
The report makes several recommendations to fix the complaints handling process related to section 18C of the Racial Discrimination Act. These include:
· providing greater assistance to respondents to match what is currently afforded to complainants;
· imposing time limits on notifying respondents and on the complaints handling processes more generally;
· ensuring section 18D defences are considered by the commission in assessing complaints;
· giving the commission greater powers to terminate complaints earlier in the process;
· restricting access to the courts following the commission’s termination of a complaint;
· providing penalties for legal practitioners instituting complaints that have no reasonable prospects of success; and
· providing more parliamentary oversight to the commission.
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Liberal chair of the Racial Discrimination Act 18C inquiry, Ian Goodenough, is presenting the report to the parliament.
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Young Witness, the local newspaper, reports this is the property in Young where the man was arrested.
https://t.co/KR6KDb4RzJ pic.twitter.com/mYrIB219GB
— Bec Hewson (@bec_hewson) February 28, 2017
The man has children who were in the house at the time of his arrest.
Colvin says he believes that the man acted alone in the region and the police have no unreasonable concerns about the town of Young.
AFP head Andrew Colvin says the man had no direct experience in missile technology or laser technology to his knowledge.
Asked about the use of metal detectors by police on the Young property, Colvin says:
This is a very technical offence and this gentleman is quite technically minded so we will be doing a complete, thorough forensic examination of that property. It could take hours, if not days, and we will leave no stone unturned in what we’re looking for.
The man arrested was Australian born and an Australian citizen. He will appear in Young local court later today.
Colvin says he does not believe the man was a former member of a government agency.
Colvin says he is an electrician.
The advice he was allegedly providing was sophisticated and well planned, Colvin says.
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Michael Keenan says charges are expected to be laid are serious.
Andrew Colvin, head of AFP, says there are two serious foreign incursion alleged offences involved carry a maximum of life imprisonment.
We will allege he has utilised the internet to perform services for Isil, activities in the Syria and Iraq conflict, from Australia in the following ways. Firstly, by researching and designing a laser warning device to help warn against incoming guiding munitions used by coalition forces in Syria and Iraq.
Secondly, we will also allege that he has been researching, designing and modelling systems to assist Isil’s efforts to develop their own long-range guided missile capabilities.
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Ongoing #AFP operation in Young @AFPmedia updates here; https://t.co/ZzOr6E37ZE photo and video
— Craig L Thomson (@craiglthomson) February 28, 2017
Turnbull says the police will allege:
that this individual, in a regional centre, acted with intent to provide Isil with the capability, with the technical capability, and high-tech capability, to detect and develop missiles.
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Man arrested in Young for alleged assistance to Islamic State
Malcolm Turnbull says the Australian Federal Police have arrested a 42-year-old man in the New South Wales town of Young in relation to alleged terrorism offences.
This operation does not relate to any planned terrorist attack in Australia. Police will allege that the man arrested has sought to advise Isil on how to develop high-tech weapons capability.
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The AFP has arrested a man in NSW in relation to alleged terrorism offences. More details soon. #auspol @AFPmedia
— Michael Keenan MP (@MichaelKeenanMP) February 28, 2017
Press conference coming up with Malcolm Turnbull, justice minister Michael Keenan and AFP commissioner Andrew Colvin.
Back to Ahmed Fahour now.
Asked whether he received a phone call from his former communications minister Malcolm Turnbull prior to his criticism of his salary, Fahour says:
Unfortunately no I didn’t …
When he gets a chance I am sure he will.
I’m sure he will ring me up and offer to buy me a beer.
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That’s it for QT.
The ABC understands there's an AFP op currrently underway near Young, north of Canberra. Expecting a press conference in Parli after #qt
— Matthew Doran (@MattDoran91) February 28, 2017
Ahmed Fahour says no golden handshake: I hope I’ll get a stamp though
Still in the hot seat, managing director of Australia Post Ahmed Fahour is asked whether he’ll get a termination payment on the way out the door. He says he’d structured his departure as a resignation, which doesn’t trigger the various provisions in his contract.
Ahmed Fahour:
There’s no golden handshake, there’s no watch, I hope I’ll get a stamp though.
Labor’s Tim Hammond to Turnbull: It’s reported today that company profits have increased and if the prime minister gets his way, the same companies will receive a generous tax cut. At the same time, the decision to cut penalty rates will mean that workers in the shopping centre in my electorate will have their pay cut. Is this the prime minister’s future for my state in Western Australia, taxpayer-funded handouts to big businesses but pay cuts for low-paid workers because he supports the decision to cut penalty rates?
Turnbull:
That was a very revealing question. The honourable member described a proposed cut in company tax as a taxpayer-funded handout to business. So that’s the view of the Labor party. They believe that the profits of every business in Australia, every company, basically belongs to the government. And that anything that is left after tax is a handout from the government.
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Labor’s Tanya Plibersek to Turnbull: I refer to the prime minister’s answer to my question yesterday. Does the prime minister acknowledge that 77% of pharmacy workers are women? Did the prime minister avoid mentioning these workers yesterday because he knows that cutting wages in female dominated industries will increase the gender pay gap?
Turnbull says of FWC president Iain Ross:
The president comes from a lifetime’s experience in the Australian Council of Trade unions. So there is no question about their backgrounds and their experience. They considered, very carefully, the modern award’s objective of maintaining equal rates of pay between men and women for comparable work, and that’s one of the objectives of modern awards. They considered that. And they concluded that the awards that they agreed on were appropriate ones. Now, we support the independent umpire doing that detailed work.
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Labor to Turnbull: Last financial year, Harvey Norman increased the profit by 30% to over $348m. If the prime minister gets his way, it will also receive a generous tax cut. At the same time, the decision to cut penalty rates will mean thousands of Harvey Norman workers will have their pay cut. Is this the prime minister’s Australia? Taxpayer-funded handouts to big business, but pay cuts for hardworking Australians?
Turnbull again asks if Labor has checked whether the workers are on an enterprise bargaining agreement or a modern award.
He repeats his statement that the Fair Work Commission is an independent umpire which spent a lot of time assessing its decision.
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Ahmed Fahour is feeling sad for Pauline
While the question time hurly burly thunders overhead, the Australia Post CEO Ahmed Fahour is in the estimates chair.
He has faced questions about Pauline Hanson’s role in his departure from the organisation in the middle of a furore about his remuneration package. The committee chair, Liberal senator Linda Reynolds, was inclined to shut the questioning down when it came around to issues of race and ethnicity, but the questions went ahead despite her initial reservation.
Hanson was chief among the critics of Fahour once his $5.6m package became a matter of public record. She was also critical of his decision to make a donation to an Islamic museum out of the proceeds of his executive bonus. Fahour was asked whether there was a racial dimension to her criticism. (Hanson denies this, for the record.)
He took a long pause before answering.
Ahmed Fahour:
I felt really sad for the Senator that she would descend to that level of commentary. I felt it was very ill-informed. I also felt it was hurtful to my wife, who is English-Irish and went to a Catholic school, and our four beautiful children.
We love our country. I love my country so much. So I feel sorry for Senator Hanson.
We came here legitimately. We assimilated, and we love being in this country.
It’s interesting to note that Hanson is not at today’s estimates hearing, where she could have pursued Fahour across the estimates table.
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Trade minister Steve Ciobo has been up late writing jokes. He answered a government question and riffed on the Oscars.
There was actually power on in South Australia today and that meant that they could actually broadcast the Oscars. And I have to say, there were a few envelope stuff-ups yesterday.
Let me give are recap. Because there’s no doubt that the Oscar for best special effects should have gone to the former treasurer, the Member for Lilley, [Wayne Swan because] he made his surplus disappear. And may I say Mr Speaker, that the Oscar for best supporting actor should have gone for the member for Grayndler [Anthony Albanese] for the role in Get Shorten - sorry, Get Shorty!
Coming out of the most recent role as the man with two faces, the Leader of the Opposition should receive the Oscar because in his renewable energy La La Land, everyone will be living in Moonlight.
Shorten to Turnbull: Can the prime minister explain to the house why when company profits have increased by almost $26bn to record levels, he wants to cut company tax? And when there is record low wages growth, he does nothing to stop wage cuts of up to $77 a week for Australians? Prime Minister, why is it when profits are surging, companies get more and when wages are flat, workers get even less under your government?
Turnbull quotes previous Shorten support for company tax cuts.
Economics has been thrown out the window. We are now in a parallel populist universe of the leader of the opposition where apparently, there is no connection between the rate of tax companies pay and what they invest. That’s La La Land. Another part of La La Land says that you can stop trading with other countries and you can be a protectionist.
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Where is Pauline Hanson? After bragging about Aus Post she hasn't shown up to Senate Estimates. pic.twitter.com/XcpSdy718N
— Sam Dastyari (@samdastyari) February 28, 2017
I am not sure what is going on here.
Deputy PM Barnaby Joyce in #QT @gabriellechan @GuardianAus @murpharoo #politicslive pic.twitter.com/eafzGWQ4Zs
— Mikearoo (@mpbowers) February 28, 2017
Government question to Peter Dutton on restoring integrity to the migration program.
Labor’s Tony Burke to Turnbull: In question time a few moments ago, the prime minister said that he supported the penalty rates decision and also said, “We support the independent umpire whether it is the courts or the Fair Work Commission.” Given this parliament regularly changes the law following the decision of courts and tribunals when they are not what the government wanted, including when the government abolished the road safety remuneration policy, they’re doing exactly that on native title before the Senate now. Is the reason the prime minister refuses to act in this simply because he supports the pay cut?
Turnbull again quotes Shorten’s support of the “independent umpire”, the Fair Work Commission.
Here’s a real fact to bear in mind. A person working in a dress shop, a clothing shop, is entitled to be paid $38.88 an hour on a Sunday, as a shop assistant.
If they’re working for Target, just down the road, they can be paid $31.02 an hour. Why? Because there’s been a deal done with the union. The union of which the member for Watson was an organiser has traded away their penalty rates and doing so in a manner that disadvantages small business.
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Australia Post chairman, John Stanhope, has already conceded it was a mistake that it did not disclose the CEO’s pay when the regime changed in 2015 (and no longer required it).
The committee is now asking chief executive, Ahmed Fahour, if he will also join the mea culpa.
At first, he won’t repeat that it was a mistake:
That’s not a matter for me anymore. My opinion is no longer relevant. We did everything we were required to.
Sam Dastyari tries again asking about the perception that Australia Post was not being transparent. Fahour backs the chairman and says “clearly it’s regrettable” in relation to that perception.
Christopher Pyne gets a government question on Labor’s ideological approach to renewable energy.
Updated
Labor’s Tony Burke has asked a backbencher Andrew Laming a question, in his position as chair of the standing committee on employment, education and training. He wants to know whether Laming, a bit of a rebel, would consider public hearings into the penalty rate cuts.
Burke says it is in order. Christopher Pyne, as leader of the house, says it is not in order.
Speaker Tony Smith allows the question.
Laming says the committee will consider it at its next meeting, given the public hearings are already scheduled.
Denison independent Andrew Wilkie to Turnbull: I met recently with Daryl Gangel, who has now lost his part pension and must live on just $26,000 a year from his superannuation. This is barely above the poverty line. I’ve also met with [those on] defined superannuation benefits who have had the pensions slashed and are also struggling. Prime Minister, the government is doing no better with aged care, despite my repeated representations, and in particular, it’s gutted funding for residential care to the tune of $1.2bn. Prime Minister, what will you do to end this ruthless campaign against older Australians?
Turnbull says the changes only apply to those with significant assets apart from the family home.
He said the expectation is that “people will draw down on the assets to support themselves in retirement where they can”.
He reminds the parliament that Labor and the Greens supported the changes and John Howard was responsible for them.
Now, in 2007, when the government was banking surpluses and had billions of dollars in the bank, the asset test was made more generous. That decision was changed, as I said, around 18 months ago in the middle of 2015. Times had changed and we had to live within our means, and that was the tough decision that was taken by the government.
Updated
Labor’s Jason Clare to Turnbull: The trade minister said today about people impacted by the cuts to penalty rates, and I quote, “It’s only those on the margins.” Why does this government think that a wage cut of up to $77 a week of nearly 700,000 low paid Australian workers is just a marginal issue?
Turnbull:
No individual in this parliament had more to do with setting up that review of modern awards and penalty rates than the leadership. He owns it, it’s his process. Is he seriously suggesting that it never occurred to him that any of these penalty rates would be reduced?
This is what trade minister Steve Ciobo said.
Council of Small Business said that 80% of people will not be affected by this decision … because they’re on EBAs. So it’s only those on the margins, the 20% that are likely to be affected.
Updated
Sam Dastyari is trying to drill down into whether Australia Post’s chairman, John Stanhope, had discussions with the government about executive pay before it blew up as an issue in October.
Stanhope does not recall a discussion with communications minister, Mitch Fifield, although Fifield said he had mentioned when he became minister that executive pay was a matter that drew attention from time to time.
Stanhope does remember a discussion with then-communications minister Malcolm Turnbull about pay, in which Turnbull queried why it was so high closer to September 2013. Stanhope said it was to attract executive talent, because Australia Post is a parcel business that competes with commercial operations.
There’s a kerfuffle as Dastyari keeps calling Turnbull the “prime minister” rather than “then-communications minister”. The cheeky Labor senator quips that Turnbull was “planning to be but wasn’t yet [prime minister]”.
Labor to Turnbull: Does Government policy agree with the member for Chisholm who told Kristina Keneally on Sky Today that she would be telling her electorate the decision to cut penalty rates for 700,000 Australians is a good thing?
Question time is continuing as it did yesterday.
Labor is hammering the penalty rate cut. Turnbull is saying Labor supported the Fair Work Commission and it is the independent umpire. Labor appointed the five members of the FWC.
Shorten to Turnbull: Can the prime minister confirm his colleague, the Liberal member for Gilmore, was describing Government policy when she said, “It’s a gift for our young people that their penalty rates that been cut?”
Turnbull says the hardworking member for Gilmore knows the penalty cut will create more employment opportunities by allowing small businesses to open on weekends.
Let me look at the comparison between big business and small business. This is a very important issue. Now, we stand for small business. Labor invariably lines up with big business. How is it that a small take away business pays $29.16 on a Sunday for an employee under the award, whereas McDonalds down the street can pay $21.08 for the same worker doing the same work? Why? Because they’ve done a deal with the union.
I’ll just cross to question time now but Paul Karp will keep us up to date on Ahmed Fahour.
John Stanhope says Aus Post salary structures are referenced on salaries offered by similar businesses which are major global parcel companies.
He underlined that the board does not need to seek permission for the salary but communication of the salary to government has been traditionally through the annual report.
In 2014-15, it was no longer a requirement.
He said it was a mistake not to disclose the salary (voluntarily).
Stanhope says he will disclose the 2014-15 salary – on notice. That is, not now.
Updated
Liberal chair senator Linda Reynolds thanks Fahour for outlining the “amazing transformation” of Australia Post.
Have I slipped into another portal?
Stanhope said Fahour has completely transformed the company.
Ahmed Fahour makes his own statement. He was thinking of resigning for sometime but he considered the recent pay debate and its impact on the brand and his family.
Under his leadership, Aus Post has ensured the “postie” delivers all parcels as well as letters, something that wasn’t happening before.
Aus Post has increased the annual payments to licensed post offices which ensured the viability of post offices, especially in rural and regional areas.
The business is worth $5bn-$6bn today. Aus Post is completely self-funded and does not “take $1” of taxpayer money.
Updated
John Stanhope, chair of Australia Post, is making an opening statement.
He makes the point Australia Post is now an e-commerce business, which needs remuneration in an industry which reflects a competitive recruitment market.
Nevertheless, Stanhope says it is clear the current chief’s salary is out of line with community standards.
Australia Post managing director Ahmed Fahour is in the hot seat. Labor, the Greens and the Coalition all (basically) say what a good job he has done.
Fahour must be laughing hysterically on the inside.
Re the last post on Christensen. The Queensland sugar dispute is one of George’s aforementioned problems.
Vote now in QLD parliament on whether LNP's sugar amendments (Wilmar v QSL) can be voted on urgently (tomorrow night) #qldpol
— Sarah Elks (@sarahelks) February 28, 2017
Ayes 45, noes 43. The LNP's sugar amendments will be debated tomorrow night, as a matter of urgency. #qldpol
— Sarah Elks (@sarahelks) February 28, 2017
When that is decided, we will have a clearer idea of whether Barnaby Joyce will intervene in sugar business – effectively part reregulating the industry – by imposing a code of conduct on it.
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George Christensen has explained his move to the Australian’s Dennis Shanahan.
I don’t think people in Canberra understand what is going on in my electorate and I have to focus on holding my seat. Some people think I’m mad but there is method in my madness. I’m being challenged from the right now, not the left flank, and the polling in Dawson has the LNP on 51.5% and the Hanson party on 49.5%. The threat is not the Labor party.
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Malcolm Turnbull: Unity!
Malcolm Turnbull has stressed the importance of unity at the joint party room meeting, including that if the government sticks together, it will win the next election.
No mention was made of George Christensen’s resignation as Nationals whip, although deputy prime minister Barnaby Joyce gave a speech about the need to talk about the government’s positive achievements.
Julie Bishop spoke about her productive meetings in the United States and the “very positive” attitudes to Australia from the vice-president, Mike Pence, secretary of state Rex Tillerson and national security adviser HR McMaster.
Bishop said that unions traded off penalty rates all the time, including Bill Shorten’s Australian Workers Union, proving they were not sacrosanct for the Labor party.
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Just on George. It was obviously the right thing to do. You cannot expect others to stay in line when you are off on a frolic. This will free him up completely to dig in when required from his electorate in Dawson and cross the floor on the banking commission of inquiry.
George Christensen: I was not pushed
I have resigned as chief whip of the Nationals, effective 5pm this Thursday, March 2.
I made the decision to resign because my continued outspokenness on a variety of issues was obviously incompatible with the position of party whip in the long term.
It was my decision to resign and my decision alone.
I was not pushed by anyone.
However, I did feel some of my colleagues may have been aggrieved that the enforcer of discipline was being somewhat ill-disciplined himself.
Over the past week, as I’ve reached this decision, Nationals leader Barnaby Joyce has been incredibly supportive and said he would have supported whatever decision I made on the matter.
I thank him and the rest of the Nationals team for the great honour of serving as their chief whip over the last six months.
Updated
We recorded this yesterday but this is the final instalment.
The Liberal senator David Fawcett has apologised after a “poor choice of words” in parliament appeared to describe asylum seekers coming to Australia seeking protection as “fleas”.
Fawcett’s comments were made during a Senate estimates discussion on asylum seekers arriving by boat, saying the Labor party had “brought the fleas” and was now attempting to “nitpick” in parliament with questions over asylum policy cost blowouts, wasteful and unauthorised spending.
“I just do question the ethics of nitpicking when your particular group perhaps brought the fleas in the first place,” he told the hearing at Parliament House, directing his comments at Labor members.
Unknown senators on the committee said “hear hear”, while Fawcett’s fellow Liberal and committee chair Ian Macdonald was heard on the microphones to say “nicely put”.
Following the comments, Fawcett sought to clarify that he had intended to suggest that Labor had created the “irritation” of stress within the immigration department, not that he was characterising asylum seekers as fleas.
But he made a further late-night apology to the Senate.
“I have just been on the phone to Mr Phil Glendenning, the president of Refugee Council of Australia. He has outlined how the words I spoke earlier today have been taken and the deep hurt that this has caused across the network of communities that his council represents.
“Whilst it was never my intention that my comments would refer to refugees in such a way, it’s clear that my poor choice of words has caused hurt to many people and consequently I sincerely apologise.”
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The Centrelink suspension motion has been postponed for other business so we will not see George C perform some of his last whipping duties until later. But Mike Bowers will be there to record it.
George Christensen goes to spend more time being outspoken
Gabi brought you the news a few moments ago that the outspoken LNP backbencher George Christensen will be moving on from his post as Nationals whip. The departure is by mutual agreement with his leader Barnaby Joyce.
According to government folks, both men agreed that you can’t simultaneously be the person charged with enforcing internal discipline (the calling of all party whips) and be the chief trouble maker. That’s a conflict of interest and may end up causing tension with one’s colleagues ... which is why Christensen is stepping aside to spend more time being outspoken and trying to hold out the One Nation insurgency in his seat of Dawson.
Hold on to your hats, people.
The resignation will take effect from this Thursday, because currently not all the senators are at liberty to sort out a replacement (being at estimates hearings and elsewhere). Christensen told his colleagues he was going during their regular party room meeting on Monday night.
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While we all digest the news of George Christensen’s move from the whip’s job, we can all praise be that he was in the job long enough for Fairfax’s Andrew Meares to get this pic.
Be the first to read Good Weekend's feature on George Christensen https://t.co/rZhY0s0sBp pic.twitter.com/3kut0VYoA3
— smh.com.au (@smh) December 2, 2016
As Paul has said, there was a mild eruption in caucus today about the “Buffett” rule.
The discussion kicked off when the Northern Territory MP (and right-winger) Luke Gosling asked the shadow treasurer, Chris Bowen, what was happening on the proposal, which members of the Labor left have revived in recent weeks.
Labor’s national conference in 2015 passed a resolution in favour of a Buffett rule. Chris Bowen isn’t interested in having that conversation and made that clear in today’s meeting.
But he was challenged by three left MPs: Pat Conroy, Andrew Giles and Terri Butler, who are in favour of having this discussion on the basis Labor needs to be on the offensive on the subject of inequality.
It’s an interesting issue in Labor, cooking away.
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It’s all over the fan in here.
The human services minister, Alan Tudge, is in the lower house, defending the automated Centrelink system.
The attorney general, George Brandis, and Labor’s Murray Watt are having a heated debate about who is lying. The committee has already broken again and one gets the feeling Brandis would prefer to read his Bell statement and be done with it.
We will have more info on George Christensen and his whip’s job shortly.
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Labor’s motion moved by Linda Burney:
1. Notes:
a. The hovernment has released highly confidential personal information of Centrelink customers to the media as part of a vindictive political campaign to punish some of Australia’s most vulnerable people for speaking out against the government’s robo-debt mess; and
b. There are serious questions about the legality of the government’s actions and whether they constitute breaches of the Privacy Act;
2. Calls on the minister for human services to attend the House to provide a full account of:
a. The specific provision of the Privacy Act or any other legislation that the government claims gives it the legal right to release this highly confidential personal information to the media; and
b. The involvement of himself, his office, his department and Centrelink in releasing this highly confidential personal information to the media; and
3. Condemns the minister for releasing the personal information of Australians for vindictive political purposes.
Burney says the Coalition should apologise for their treatment of Centrelink clients.
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George Christensen gone as whip. last day in the job is Thursday. Mutual agreement with Barnaby
— James Massola (@jamesmassola) February 28, 2017
It, being 12pm, the parliament has begun.
Labor’s Linda Burney is up first to move a suspension of standing orders into the release of a Centrelink recipient’s personal information to counter her public criticism of the department.
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In Labor caucus on Tuesday, shadow treasurer Chris Bowen was asked about the Buffett tax proposal. This is the suggestion by sharemeister Warren Buffett that people earning more than a million bucks should pay a minimum no-correspondence-entered-into 30% tax rate.
According to a spokesman, Bowen said Labor had already taken the most progressive tax policy to the last election including changes to negative gearing, capital gains tax changes and superannuation concessions.
He noted that no country has the Buffet rule and it would impact on charitable donations and innovation.
Three questions and statements from Labor MPs acknowledged his response but objected to the debate having been comprehensively shut down.
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Ahmed Fahour was due to appear just before 10am. Now he has been pushed back to 1.30pm, which has required quite some jiggling in the program. Methinks the government is hiding behind question time.
Party rooms will be breaking up for little lunch so we shall have some news shortly.
Outraged by the rainbow flag flown in the foyer of the department of finance, Eric Abetz wants a marriage alliance flag flown.
There is general argy bargy with the communications minister, Mitch Fifield, on local television content under questioning from Sarah Hanson-Young.
We learn:
- New Zealand content is counted as Australian for purposes of media content rules.
- If parents are worried about children thinking New Zealand is part of Australia, parents should guide their children.
- Sarah Hanson-Young has watched Married At First Sight but is not a regular viewer.
- And,
Fifield: The thing that should worry parents is the ever-changing ensemble of Hi-Five. #estimates
— Josh Taylor (@joshgnosis) February 28, 2017
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An answer today from October estimates on the day AGD is in #estimates, AGD says they don't know how much Brandis diary case has cost. pic.twitter.com/ewE0IejCNj
— Josh Taylor (@joshgnosis) February 27, 2017
Last year, Brandis lost a landmark freedom-of-information case against the shadow attorney general, Mark Dreyfus, and must continue to process a request for access to his diary records.
The case began more than two years ago when Dreyfus sought access under freedom-of-information laws to diary entries that showed Brandis’s government-related appointments.
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Meanwhile, over in finance estimates committee:
Eric Abetz asking Finance about its "flag protocols". He's upset that the rainbow "activist flag" was displayed in the deptartment's lobby
— Adam Gartrell (@adamgartrell) February 28, 2017
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Cartoonist Bill Leak could have ended 18C complaint earlier, says Gillian Triggs
Derryn Hinch has been quizzing the Australian Human Rights Commission about why it didn’t terminate the 18C complaint against Bill Leak because of the defences in 18D, which include that the publication was in good faith.
Triggs reveals that the AHRC gave Bill Leak two opportunities to assert that he had drawn the cartoon in good faith.
Had he responded by making that point, [the commission] would almost certainly have ended that matter precisely at that moment.
This is significant testimony because it shows – far from being a systemic failing of AHRC to consider the defences in 18D to protect free speech – the case could demonstrate that Bill Leak refused to defend himself in order to campaign against the prohibition on speech that offends, insults, vilifies or humiliates a person based on race.
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Under Labor questioning, the communications minister, Mitch Fifield, says Ahmed Fahour was appointed under a Labor government, with a contract negotiated under a Labor government and his most substantial pay increases occurred under a Labor government.
He says the Coalition is the one who has brought in changes that will mean the Australia Post salary will be governed by the remuneration tribunal.
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George Brandis accuses Gillian Triggs of hiding on QUT case
The attorney general, George Brandis, has had an exchange with the HRC president, Gillian Triggs. It comes after Triggs repeats her evidence given to another committee that the reason the AHRC didn’t contact the students earlier because the complaint appeared to be substantially against the university and both the complainant and uni did not want the students informed until the case had a chance to settle.
In his evidence, Brandis said that was not good enough:
The complaint against the university relied as one of its key material grounds upon statements allegedly made by the students.
So in progressing the complaint against the university, [the complainant] was materially accusing these students of making racist statements – that’s a serious thing to allege.
I would’ve thought that the principles of natural justice require that they be made aware of that allegation.
Brandis said it was “artificial to hide behind the form” of the complaint as being one against the university. He said that for an “unacceptably long period of time” AHRC failed to inform the students of the complaint against them.
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In George Brandis’ committee, they are going over chapter and verse on the Human Rights Commission and the QUT case.
Delay, delay, delay.
At this rate, there will be no grilling of Brandis on the Bell matter before the dinner break either.
In the past few weeks, defence industry minister and South Australian Christopher Pyne has been pushing the energy barrow.
The ABC’s Andrew Greene reported on February 7:
Australia’s future submarine and naval ship building projects are at risk because of the unreliability of energy supply in South Australia, defence industry minister Christopher Pyne has warned.
Mr Pyne has told parliament the Department of Defence had advised him separate power generation and fuel storage would need to be built at Adelaide’s Osborne ship and submarine yard.
Senator Nick Xenophon has questioned Stuart Whiley, the interim head of the government shipbuilder ASC, about the need for stable power.
Xenophon:
Minister Pyne has announced a multimillion power source for Techport – up until now your company has not seen the need to install such power supply is that right?
Whiley:
Uh, well, we’re not in the business of generating power.
Xenophon:
No.
Whiley:
No.
Xenophon:
But increasingly a lot of businesses in South Australia are. Whether they like it or not. It’s not a criticism. So, in terms of the … when is that power – that alternative power supply – coming online? Do you know?
Whiley:
I don’t know anything about the alternative power supply that minister Pyne referred to.
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Boom.
The committee will probably get to more Bell matter questions at 5pm, when the attorney general’s department is on. Strangely, the controversial stuff like Bell and NBNCo is on late. Presumably tonight we will see some questioning on NBNCo chief executive Bill Morrow’s salary but that won’t be until after dinner, when news services are at their lowest staffing capacity.
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Senator Ian Macdonald has been grilling the race discrimination commissioner, Tim Soutphommasane, about whether he had any role in the Bill Leak section 18C racial discrimination complaint.
Soutphommasane explains that he was asked in the media about the Leak cartoon and he explained how a person could lodge a complaint with the Australian Human Rights Commission and the free speech exemptions in section 18D that would apply. But that was the extent of his involvement.
He said:
I gave advice to no one. I had no involvement whatsoever. I don’t deal with complaints.
Soutphommasane explained that the president has oversight of complaints and he, as race discrimination commissioner, had no contact with the Aboriginal Legal Service on this matter, nor the complainant, Melissa Dinnison, nor “any of the people involved”.
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Pauline Hanson rejects any suggestion her attack in the Senate regarding the charity donation to an Islamic cause was motivated by racism.
.@PaulineHansonOz has slammed @samdastyari for suggesting the ousting of Ahmed Fahour was motivated by racism. #pmlive #auspol pic.twitter.com/endABls4X5
— Sky News Australia (@SkyNewsAust) February 27, 2017
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Richard Di Natale asks whether Mitch Fifield agrees with Pauline Hanson’s criticisms that Ahmed Fahour didn’t need his high salary because he gave over $2m to the Islamic Museum of Australia.
The government comments were not a measure of Fahour’s ethnicity and faith, says Fifield.
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The Greens leader, Richard Di Natale, wants to know what effect the effective pay reduction will be for Australia Post.
This goes to the government’s argument that the former managing director Ahmed Fahour’s pay was too high.
The communications minister, Mitch Fifield, said he was confident the remuneration tribunal settings would attract the right people.
Di Natale’s point is that if the government says they can attract the right people under lower levels, why not set all executive salaries at a lower rate?
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Re the Baird appointment:
There are a few governments that could do with a chief customer officer #auspol
— Paul Osborne AAP (@osbornep) February 27, 2017
In a completely unrelated matter, here is a photo of the health minister, Greg Hunt, getting healthy.
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Dastyari is questioning communications minister Mitch Fifield et al about the processes for remuneration for the head of NBNCo.
NBNCo chief Bill Morrow is on a salary package that amounted to $3.6m last year.
Fifield is asked for some guiding principles on remuneration.
Fifield said there had been a conscious approach by the government and parliaments that politicians shouldn’t determine the pay for senior people in the public sector.
(Except that politicians just did determine the pay for Ahmed Fahour.)
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Surprise, surprise.
Mike Baird, former NSW Premier, now a NAB executive a month after leaving politics pic.twitter.com/FeN26Edpjp
— Kylar Loussikian (@kloussikian) February 27, 2017
The Labor senator Sam Dastyari is questioning the communications minister, Mitch Fifield, and the secretary of the communications department, Heather Mitchell, on the pay package for former Australia Post chief Ahmed Fahour.
Fifield, Mitchell and deputy secretary Ian Robinson tell the committee they had no knowledge of Fahour’s salary at the last Senate estimates. They all say they only knew what was in the public domain. (Like the rest of us.)
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George Brandis agrees to statement, LNP chair Macdonald heads it off
George Brandis says while he did not want to make a statement, he was willing, given he had been asked by a group of senators.
Chair Ian Macdonald does not know anything about it.
Labor senators say Brandis is willing to explain, let him.
Macdonald suggests a private meeting.
Macdonald is being terse.
Penny Wong says,
May I finish. A little courtesy would be appropriate.
Get onto your point of order, barks Macdonald. We have the agenda set already. Witnesses are from Sydney and need to get home.
Macdonald cuts the public vision to have a confab.
Then it comes back with some sort of agreement to proceed with the committee and NOT hear the Brandis statement.
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In the communications estimates committee, Australia Post is first up. That will also be worth watching.
Now to estimates info.
Aforementioned George is in the legal and constitutional affairs committee at 9am.
The departments will be rolled through this committee, including the attorney general, with the Human Rights Commission first up. That means Gillian Triggs, the president of the HRC.
Then the federal court, the family court, the information commissioner and the Administrative Appeals Tribunal, where a lot of ex-politicians, mates and party hacks go to deflate.
The chair is Queensland LNP tub-thumper senator Ian Macdonald.
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George Brandis asked by Senate to explain inconsistency in Bell matter
As estimates committees continue, the attorney general, George Brandis, is in a spot of bother about his previous statements to the Senate on the Bell matter.
This relates to conflicting accounts over whether or not there was a deal between the federal and Western Australian governments in 2015, which would have cost the Australian Taxation Office $300m.
Brandis told the Senate he did not believe there was a deal between the commonwealth and the Western Australian government over litigation surrounding the collapsed Bell Group – and, if there was any such agreement, he had no knowledge of it.
Here is what he told the Senate last year:
The first personal involvement I recall having in the matter was on 3rd March this year, although my office had been dealing with the matter prior to that time.
On that day, I had a visit from the honourable Christian Porter, the minister for social services. Mr Porter had of course been the treasurer and attorney general in the WA government and was familiar with its attempts to bring the Bell winding up to a conclusion.
He told me that on 2 March 2016 his office had received an email from the WA state solicitor containing a summary briefing and slide show of the history of the matter as well as copies of the exchange of letters between Dr Nahan and Mr [Joe] Hockey.
Mr Porter explained to me the background of the WA government’s attempt to end the Bell winding up. He offered the view that a statutory scheme to bring the winding up to a swifter conclusion and with a better return to creditors was in principle a good thing. However, he noted that he had not been involved in any discussions between Mr Hockey’s office and WA ministers.
He had not had the time or resources to form a view on the constitutional or revenue aspects of the WA legislation. He suggested I speak to the attorney general of WA, Mr Mischin, which I subsequently did.
My first conversation with Mr Mischin, which also involved Dr Nahan, was at about midday eastern time the following day, Friday, 4 March. They gave me the WA government’s perspective of its dealings with Mr Hockey. Apart from the mention made of the matter by Mr Porter the previous evening, this was the first time I became aware of Mr Hockey’s dealings with the WA government.
But this was before the ever watchful Andrew Probyn, of 7.30, reported Brandis actually knew one month earlier.
Now the Senate – Labor, Greens, Nick Xenophon and Derryn Hinch – want Brandis to correct the record. The combination of senators make a majority. Luckily for them, Brandis is appearing in the estimates committee at 9am.
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In an interview with Radio National the deputy prime minister, Barnaby Joyce, has denied a report he wants control of $50bn of infrastructure spending by taking the infrastructure and transport portfolio.
On Tuesday the Australian reported that Joyce had been in discussions to take the portfolio off fellow his Nationals MP Darren Chester because he is concerned the government is not selling its achievements in regional areas.
Chester said it wasn’t true and a spokesman for Joyce said he didn’t comment on cabinet speculation.
On Radio National, Joyce said:
I don’t know where that story came from but it certainly didn’t come from me.
Asked if it was true, Joyce said no because he was happy with the agriculture portfolio.
Joyce listed the Coalition’s program for regional Australia including $2.5bn for dams, construction of inland rail and reduction of trade barriers to Indonesia for sugar and cattle.
I’m a very happy guy!
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Good morning clowns, punks and hippies,
It has already been a difficult year for Malcolm Turnbull. Christmas and January were a bit of debacle as a result of the political death of his health minister, Sussan Ley. Since then Tony Abbott and his fellow Deplorables have been throwing incendiaries from the sidelines and Cory Bernardi guaranteed the first sitting day would be interesting, in the Chinese sense of the word.
Leadership today must feel like the crew at La La Land. The winner is … Malcolm Turnbull. Not.
But the Guardian’s Essential poll is not as brutal for the government as the Newspoll yesterday, though it has the same trend. It shows Labor leading the Coalition on the two-party preferred measure 53% to 47%, a one-point movement from last week’s survey.
Malcolm Turnbull is rated by Australian voters as intelligent and hardworking but he also scores highly on some key negatives – like being out of touch with ordinary people, and arrogant, according to the latest Guardian Essential poll.
The new survey suggests the prime minister’s negatives have crept up since the same questions were asked last September. Turnbull is now considered less visionary (down 5%) and more narrow-minded (up 3%).
He has also lost ground on intelligent, good in a crisis, trustworthy and more honest than most politicians – which are all down 3%.
By contrast, the Labor leader, Bill Shorten, is considered by voters to be hardworking (61%) and intelligent (60%) and people think he understands the problems facing Australia (48%).
But voters are more likely now than they were last September to think he is intolerant (up 3%) and his rating for visionary is down 3%.
But there is bad news for Tony Abbott. As Peter Lewis of Essential says:
Even with Turnbull’s steady decline in personal regard, Abbott’s numbers are significantly worse – net 20% higher on erratic, net 16 on aggressive, net 18 on narrow-minded,” he said. “In terms of positives, Turnbull is up 10 points on vision, 10 on capability and a whopping 21 points on intelligence.”
But Abbott does have friends. Cory Bernardi has invited his former leader to join him at his Australian Conservatives party.
“I was watching [Tony Abbott] last week and I was talking to the TV saying, ‘Where were you all those years ago, Tony?’ because those ideas are absolutely spot on,” Bernardi said on Monday night.
Bernardi said conservatives needed to campaign on a platform of cutting power prices, “trimming” immigration and cutting government spending – and, if the government resisted, “what hope is there for the Liberal party?”
He said conservatives sick of the government’s lack of action on those issues could come to the “warm, welcoming embrace of Australian Conservatives ... Tony Abbott included”.
The big news item in the political day will be the joint committee report into section 18C of the Racial Discrimination Act – expected later in the day. As Katharine Murphy reported yesterday,
Parliament’s joint committee on human rights is moving towards producing a unanimous bipartisan report on controversial changes to the Racial Discrimination Act that will float a range of potential reform options for the Turnbull government to consider – but stop short of making concrete recommendations.
In the parliament, debate will surround the omnibus savings and childcare bill as well as the accompanying national disability insurance scheme special savings fund. Remember the omnibus bill includes $1.6bn in extra funding for childcare and more than $3bn in increased payments (to NDIS) along with almost $8bn in welfare spending cuts.
Having bought tickets to the circus, the Daily Telegraph has declared Australia’s politicians a bunch of clowns.
Front page of The Daily Telegraph #auspol pic.twitter.com/q1XAg9swtX
— Christopher Dore (@wrongdorey) February 27, 2017
Mike Bowers is down watching some sporting doings between politicians and press. Talk to us in the thread or on the Twits, @gabriellechan and @mpbowers. Or if you prefer Facebook, talk to me here.
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