Night-time politics
At the end of the day, here is what we know now that we didn’t before.
- The government will send the compulsory plebiscite bill back to the Senate again. If it gets knocked back, there will be a postal plebiscite, with papers going out on 12 September for a return deadline of 7 November. Herewith, we can no longer call it a vote or a ballot because it will be done through the Australian Bureau of Statistics (ABS). That way, the government can cover the cost. If the survey comes back as a yes, the parliament will still get a free vote and MPs will be able to exercise their conscience. Marriage equality advocates are cranky the PM has said he will vote yes but is too busy to campaign for a yes vote. Big job that.
- Malcolm Roberts is under pressure tonight with Buzzfeed’s Mark Di Stefano digging up more documents, in which the young 19-year-old Malcolm signed as a British citizen, contradicting his earlier story. The attorney general, George Brandis, says he sees no need to refer him to the high court, because that would reverse the onus of proof, but the Greens are thinking there are good reasons to refer. They have given a notice of motion to that effect. They would need a majority in the Senate for Roberts to be referred. Jacqui Lambie, Derryn Hinch and Cory Bernardi support the bill so far. They would need one more crossbencher plus Labor but Labor are still coy on the issue. The Senate officially referred former Greens senators Scott Ludlam and Larissa Waters as well as the former resources minister Matt Canavan today though, so that box is ticked.
- Question time was dominated by Labor questions on the folly of the plebiscite and inequality, while the government used its questions to talk about national security.
- The Greens senator Nick McKim tried to suspend standing orders in the Senate to debate closing down Manus Island and Nauru detention regimes and evacuating the remaining asylum seekers after the death of Hamed Shamshiripour. It failed.
Tomorrow the prime minister is eyeballing the power companies to talk power prices. Thanks to M.Bowers for lovely pics and the brains trust, Paul Karp, Katharine Murphy and Gareth Hutchens.
And thanks for your company, tips and tidbits.
Goodnight.
Greens notice of motion on Malcolm Roberts referral to high court...#auspol pic.twitter.com/abKQ9WVFTi
— Gabrielle Chan (@gabriellechan) August 8, 2017
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Penny bomb.
Just to be clear, recapping on the citizenship debate that occurred earlier in the Senate. The cases of the Greens senators Scott Ludlam and Larissa Waters have been referred to the high court, as has the the case of former resources minister Matt Canavan.
At this stage, One Nation senator Malcolm Roberts has not yet been referred to the high court. The Greens have given notice that tomorrow they will move a motion that calls for Roberts to provide proof of his citizenship bonefides within 24 hours or cop a referral.
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Gareth makes a good point here about Malcolm Robert’s very carefully worded statutory declaration.
Here's a copy of Malcolm Roberts' stat dec tabled in the senate today re: citizenship. It doesn't say what his status was when he nominated pic.twitter.com/ogiltcv6Tg
— Gareth Hutchens (@grhutchens) August 8, 2017
Marriage equality advocates have not ruled out boycotting the $122m marriage equality postal plebiscite.
They’re particularly incensed about Malcolm Turnbull’s handling of a question about whether as a supporter of marriage equality, he would campaign for a yes vote in the postal ballot.
Turnbull told reporters he would be voting yes, and would “certainly support a yes vote” but he added when it came to campaigning, he had “many other calls on my time as prime minister”.
The co-chair of Australian Marriage Equality, Alex Greenwich, said it was “an absolute disgrace” that the prime minister had suggested he was too busy to actively campaign.
How can we have confidence in this process when the prime minister himself has said he’s too busy to participate actively in a campaign? How can he expect anyone else to engage in it if he himself is saying he’s not willing to?
Asked if marriage equality advocates could boycott the entire postal vote campaign, Greenwich said AME was “not ruling anything in or out” as it waited for more detail about it.
When you see pictures like this one, you can understand the ambulance officers in Canberra get calls of concern the the deputy prime minister. It does look like a pain threshold has been reached.
WA GST issue alert.
Re the Malcolm Roberts citizenship, this is the new document:
New official documents show that when Malcolm Roberts was 19-years-old he personally signed he was a British citizen https://t.co/e9vF5dycOw pic.twitter.com/2WngichyKJ
— Mark Di Stefano 🤙🏻 (@MarkDiStef) August 8, 2017
A reminder of Roberts previous statements:
I have never held any citizenship other than Australian. When I travelled to UK & India I require a visa
— Sen. Malcolm Roberts (@SenatorMRoberts) October 25, 2016
Mark Di Stefano at Buzzfeed has got some more documents on Malcolm Roberts.
Exclusive: BuzzFeed News has obtained the official immigration files of Malcolm Roberts, which contradicts his story https://t.co/e9vF5dycOw
— Mark Di Stefano 🤙🏻 (@MarkDiStef) August 8, 2017
No wonder he was looking so nervous in the Senate this afternoon.
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The disappointed corner.
Tony Burke to Barnaby Joyce: I refer to the Four Corners allegations of water theft and corruption. Can the deputy prime minister confirm that the inquiry to be conducted by the Murray-Darling Basin Authority cannot compel witnesses to appear? Cannot take evidence under oath? Cannot seize documents and cannot protect whistleblowers? Why won’t the deputy prime minister commit to a national judicial inquiry through Coag to ensure the Murray-Darling Basin plan is not undermined?
Barnaby says the allegations are just that, only allegations.
He reminds the house the MDBA is conducting an investigation, the NSW Icac is investigating, as is the auditor general and the New South Wales government’s Matthews inquiry.
All of these have the capacity, and Icac in New South Wales does not need anybody to encourage them to expand their investigations if they need to do precisely that.
REALITY CHECK:
- The NSW Icac only has state jurisdiction. It hits the end of its rope if it tries to stray into the federal arena.
- BJ did not answer the question on the MDBA being able to compel witnesses, take evidence under oath or seize documents, nor protect whistleblowers.
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Postal ballot dilemmas ...
What a dilemma - democracy sausage or no democracy sausage? #auspol Unless someone holds a postal ballot BBQ...
— Paul Osborne AAP (@osbornep) August 8, 2017
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Bill Shorten holds anti #SSM pamphlet "is this what you mean by a civilised debate PM?" @gabriellechan @GuardianAus pic.twitter.com/iKuGBZe8pi
— Mikearoo (@mpbowers) August 8, 2017
Chris Bowen to Turnbull: Does the prime minister stand by his statement in 2005 that “There are structural aspects of our tax system which enable people to reduce the overall amount of tax they pay. Trusts are one”? How is it fair that high-income earners can reduce the amount of tax they pay through trusts but normal wage earners simply cannot?
Turnbull says he is not an expert in trusts and does not have a family trust.
Personally, I am not very good at tax avoidance. I’ve paid a lot of tax and I’ve done so gladly. So, I’m not an expert in this area.
Then Turnbull reads out previous statements by Shorten and Bowen in support of trusts.
Updated
A Labor wag has provided a list of what $122m can buy these days ...
1. 1906 average teacher salaries ($64,000 per year)
2. 5282 age pensions ($23,095 per year)
3. 16,025 childcare rebates ($7,613 per year)
4. 2.75 million bulk-billed GP visits ($44.25)
5. 1876 residential aged care places ($65,000 pa)
6. Funding the 1800 RESPECT domestic violence service for more than a decade ($10.1 million pa)
7. 120 homes in Sydney at the median price.
Or a postal plebiscite.
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Shorten to Turnbull: How can the government seriously claim that inequality isn’t a problem when, under the prime minister’s current tax policy, an investment banker on the top marginal rate can use their family trust to pay zero tax on some of their income, while a nurse or a teacher has to pay their full marginal tax rate on all their income?
Turnbull says Shorten is just trying to be an Australian Jeremy Corbyn but he hasn’t got what it takes.
Can you imagine? This social mountaineer, he was there sucking up to the billionaires of Melbourne, and now he wants to proclaim himself as the champion of the poor and oppressed? Mr Speaker, it wasn’t so long ago, it wasn’t so long ago that he was going around talking about the virtues of trusts.
Turnbull says in income inequality and household income inequality is less marked in Australia than the US or the UK.
When the leader of the opposition gave his speech at the Melbourne Institute he was quickly denounced by none other than Prof Roger Wilkins, the author of HILDA economic and social outlook conference. He said, “A narrative that says inequality is ever rising ... is patently false from the available evidence that we have.”
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Labor’s Terri Butler to Scott Morrison: Does the treasurer consider that inequality in Australia is getting better or worse?
Having previously claimed inequality is not a thing, Morrison declines the invitation to repeat this.
He acknowledges that incomes are flat and gives a more muted version.
When you look at household incomes after you take into account tax and transfers of welfare payments, both of these systems are progressive tax systems and a welfare system that provides a safety net is intended to protect against rising inequality ... Since the global financial crisis our tax and transfer system has protected against rising inequality.
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Shorten to Turnbull: Austrac is taking legal action against the Commonwealth Bank for breaching Australia’s anti-money laundering laws in over 53,000 separate transactions. How many more scandals will it take before the prime minister finally supports Labor’s call for a royal commission into the banks?
The PM says Austrac is on the case and doing its job. If any inquiry was held, Austrac’s case would be delayed. He flicks to the treasurer, Scott Morrison.
Then Morrison says it’s all very serious and then drops in that the government is looking at all options.
WHA? *does this mean a royal commission is one of those*
This is what Scott Morrison said.
At the same time, I have been taking advice from the key agencies and have spoken both to Apra and to Asic in relation to these issues, as well as taking advice from treasury. I have made it very clear to the Commonwealth Bank that in relation to these matters the government’s response is prepared to consider all options and that remains our view.
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The justice minister, Michael Keenan, reports that the AFP have smashed an international drug syndicate today, making 15 arrests and seizing more than 1.9m tonnes of drugs worth over $800m.
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The Greens MP Adam Bandt to Turnbull: People’s lives are being broken in immigration detention and yesterday another asylum seeker died on Manus Island. Prime minister, was Donald Trump right when he said that you are worse than he is?
Turnbull says there is no need to try out Labor/Greens policies to know what happens, referring to Kevin Rudd’s policies.
He had the opportunity to test it out. 1,200 people, at least, died at sea. 50,000, 50,000 unauthorised arrivals. We are not going to outsource our borders to people smugglers ever again ... Strong borders means a strong society. That’s what we stand for. We know what Labor and the Greens stand for.
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Shorten to Turnbull: I refer to this disgusting pamphlet authorised by a former Liberal minister which falsely claims children of gay couples are more likely to abuse drugs, have sexually transmitted diseases and be unemployed. How does this fit with the prime minister’s guarantee today of respectful discussion? Why is the prime minister making Australians pay $122m to give licence to this vile rubbish?
Turnbull says the difference between the Coalition and Labor is that the Coalition respects Australians and will give them a say.
(On LGBTI people.)
Updated
Tanya Plibersek to Turnbull: Why is it that a no vote will be binding on the government but a yes vote will not?
Turnbull:
The commitment we took to the election was simply this, that we would ask all, give all Australians their say. If they supported same-sex marriage being legalised, we would facilitate a bill, a private member’s bill, coming forward into the parliament. If they did not support it, we would not.
Updated
The Liberal senator Dean Smith, architect of the marriage equality bill, has also been around this afternoon. He has released a statement on his views of the plebiscites, which he does not support.
As a result of the decision from today’s joint party room meeting, my bill is one that could be considered by the parliament to legislate for same-sex marriage.
The experience of the last few weeks has made me a better and stronger parliamentarian.
Extending marriage to same-sex couples and providing equality before the law will strengthen, not diminish, marriage in Australia.
I am grateful for the tremendous support and encouragement I have received from a broad cross-section of the Australian community and to the media for giving me the opportunity to share my views.
I especially thank those WA Liberals who have encouraged me to be a true custodian of the values and traditions of their Liberal party.
Updated
Shorten to Turnbull: Since the government’s special party room meeting yesterday, has the prime minister sought a meeting with the LGBTI community to seek their views on the decision taken yesterday? Will the prime minister undertake to meet with representatives of the LGBTI community to hear their concerns before he resubmits his plebiscite legislation to the Senate? Or does he think their opinion unimportant?
Turnbull says he is standing by his commitment to the Australian people.
First government question is on terrorism and arrests last week over the plot to bring down a plane.
Updated
The leaders also spoke on a condolence motion for Y Lester, the Aboriginal elder and activist who died at the age of 75.
Lester, who died in Alice Springs on Friday night, lived a life of “great hardship and challenge” after being blinded as a young adolescent by the Maralinga atomic tests in the 1950s, which he called the “black mist”.
Hinch on Roberts citizenship: support our audit motion or you will be referred
Derryn Hinch has released this statement.
I met with a number of my crossbench colleagues this morning and with the Greens leader, Senator Di Natale. I also had a sit down with Senator Roberts, during which he advised me that a statutory declaration was provided to Senator Parry addressing the question of his eligibility under s44. He read me parts of that stat dec.
Senator Roberts personally assured me that the claim he had travelled on a British passport was wrong. That he had travelled on his mother’s Australian passport.
He said he was confident he had taken ‘all reasonable steps’ to confirm his sole Australian citizenship and that he had a QC’s advice it would pass scrutiny in the high court.
Senator Roberts this morning agreed to work with me and the Greens on a mechanism to appoint an independent auditor who would carry out a thorough investigation into the citizenship status of all senators, which would put this matter to bed once and for all – at least for this term of parliament.
However, I understand the Greens tomorrow will give Senator Roberts 24 hours to produce documentation or a motion will be put referring him to the high court acting as the court of disputed returns.
If the Senate passes a Greens motion for an independent auditor (which I support and which Senator Roberts says he supports) that would negate any individual action against him.
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Bill Shorten on Dr G:
Dr G Yunupingu shared ancient songlines with the world. His every inflection speaking for the saltwater shore and humanity’s oldest story. He also achieved a modern appeal and commercial success, that not even his ever-devoted friends at Skinnyfish Records could have imagined. It is the hard truth of Australia’s unfinished business that this superstar could delight a packed house and be refused a cab ride home afterwards. The unique talent that both the prime minister and I remember today endured all too familiar trials, celebrated and yet neglected. Lauded by our nation and let down by our nation.
Dr G died of kidney disease and Shorten says perhaps the parliament could add a MBS schedule for renal diagnosis.
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Question time starts with a condolence motion for Dr G Yunupingu.
Malcolm Turnbull:
Dr G Yunupingu began experimenting with music as a small child when his aunts and mother placed sticks in his hands so he could hit the empty cans set up in front of him. When his uncle put a guitar in his hands, it set free a once-in-a-generation talent, a startlingly beautiful voice that would weave its way into the hearts and souls of millions ...
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Question time in five minutes. Grab a beverage.
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Not sure what is happening here.
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I’ve just realised I failed to bring you the cost of the postal plebiscite.
$122m.
What did you put for that answer?
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Labor’s Katy Gallagher says she had no notice of the Greens’ motion and suggests the Greens maybe were just trying to make a statement rather than engage in the wider debate on the management of Manus Island and the treatment of people.
Updated
Michaelia Cash immediately attacks Nick McKim for using the death of a person for political purposes.
For them to come into this place to use the very unfortunate death of a person in PNG as an excuse to claim the moral high ground, I would say disgusting but it is way worse than disgusting. It shows the Australian people how low the Greens will go ...
She says 50,000 people arrived by boats as a consequence of Greens policies with Labor.
Maybe senator McKim would like to hold a minutes silence for the people who drowned, Cash says.
Updated
Greens senator Nick McKim suspends Senate standing orders on Manus deaths
McKim moves a motion that is a result of the deaths on Manus Island and Nauru and the need to evacuate the people there to Australia.
The motion is denied so he seeks to suspend standing orders. He says eight people have died at Manus and Nauru under Australia’s responsibility.
The situation is dire and dangerous and is becoming more dire and dangerous by the day.
He says people there have been
- denied liberty
- tortured
- shot at
- assaulted
- murdered
and that is all inside the camp.
Outside the camp, he says, they have been subjected to attacks by machete.
He reads out the names of the dead and then uses his speaking time to mark a minute of silence for the dead.
Updated
The Canavan motion on the qualification of senators passes on the voices.
The Greens referral motion to the high court passes on the voices.
Senator Matt Canavan rises and says he supports the referral of his case to the high court.
Three weeks ago, he says, he had no idea that he was or could be an Italian citizen.
Updated
Richard Di Natale said it is serious to question someone’s eligibility to sit but it is serious if people who are ineligible are representing the Australian community.
It does go to the heart of any democracy ... for people to have faith in the system we rely on people to act with integrity.
He says he is proud of senators Scott Ludlam and Larissa Waters doing the honourable thing and announcing their resignations.
Di Natale doesn’t have the same confidence that other members and senators will do the right thing.
We think it is important to restore faith in our democracy.
The Greens will move for an audit of senators tomorrow and it’s up to other members to decide whether they support it.
Updated
Penny Wong says parties are supposed to go through their own processes – as tedious as they may be.
The Greens leader, Richard Di Natale, says he will not make any comment on Matt Canavan’s case – the court needs to clear it up.
Updated
Penny Wong basically backs the government’s approach.
She says it is a serious matter to question the validity to sit in the Senate.
Labor does not support the reversal of the onus of proof, which would result from any Senate-wide audit or body to assess senators who were born overseas.
Updated
This is the Brandis motion relating to Canavan:
Motion moved by Senator Brandis:
Pursuant to section 376 of the Commonwealth Electoral Act 1918, the Senate refers to the court of disputed returns the following questions –
(a) whether, by reason of s 44(i) of the constitution, there is a vacancy in the representation of Queensland in the Senate for the place for which Senator Matthew Canavan was returned;
(b) if the answer to question (a) is “yes”, by what means and in what manner that vacancy should be filled;
(c) what directions and other orders, if any, should the court make in order to hear and finally dispose of this reference; and
(d) what, if any, orders should be made as to the costs of these proceedings.
Updated
George Brandis says he hopes the Canavan referral will clarify the section for parliament.
Now Penny Wong is speaking about the issue.
George Brandis is now going through the history of section 44 of the constitution which covers disqualification for:
Any person who:
(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power
Updated
George Brandis refers Matt Canavan to high court
The attorney general, George Brandis, is now moving referrals to high court.
He says the former resources minister Matt Canavan was registered as an Italian citizen by his mother and Canavan was not advised of this.
The government believes that, given the way Canavan got his dual citizenship, he is not in breach of section 44.
The government is seeking a directions hearing in the high court as quickly as possible.
Brandis says one of the questions is whether Canavan is a citizen of Italy.
Updated
Lunch time politics
If the compulsory plebiscite bill fails as expected this week, the Turnbull government has decided on a postal plebiscite deadline of 7 November, with ballots mailed to you on 12 September. It will be funded under the commonwealth’s statistics powers. When asked why he did not lead on the issue of marriage equality, Turnbull said he was leading. Strong leaders carry out their promises, he said. These decisions were taken at the joint party room this morning. The compulsory plebiscite bill will go back to the Senate this week.
Updated
Turnbull, as Cormann did this morning, would not enter into what sort of participation rate would indicate a legitimate turnout.
Malcolm Turnbull is asked how he would feel personally about a no vote in a plebiscite. He says he will respect the decision.
The Australian people are never wrong.
Malcolm Turnbull says the weakest argument against a plebiscite is the possibility of a hurtful debate for LGBTI people.
Do we think so little of our fellow Australians and our ability to debate important matters of public interest that we say, “You’re not able to have a respectful discussion about the definition of marriage”, which is a very significant, important, fundamental element in our law and culture. Australians are able and have demonstrated that they can have a respectful discussion.
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Turnbull says he will campaign in support of marriage equality. Will you campaign for it and campaign for change in this plebiscite?
I have explained why I support it, I believe relationships, marriages should be available to people like Lucy and me, people of different sex, different men and women and also to people of the same-sex. Other people have different views on that fundamental issue and I respect their views and are entitled to them and I will certainly, as I’ve said before in respect to the plebiscite that is before the Senate, but I will be voting yes, as will Lucy, and I’d encourage others to do so.
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Malcolm Turnbull says he is still confident marriage equality would pass the postal plebiscite test.
That is my sense from public opinion but that is ultimately just an opinion. The important thing is every Australian gets their say.
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Turnbull on postal plebiscite: I'm a strong leader
Turnbull is asked, why don’t you just lead on this? Why delay? The postal vote wasn’t part of the election promise?
Turnbull:
Strong leaders carry out their promises. Weak leaders break them. I’m a strong leader.
Cormann says postal plebiscite will be funded under statistics laws
Mathias Cormann will move a motion to restore the plebiscite bill.
If the plebiscite bill is rejected, he says the parliament has the power to make laws in relation to census and statistics.
This is by way of a fix so the government can fund the plebiscite, without an appropriation through legislation.
Therefore, says Cormann:
The treasurer will be directing the Australian statistician to ask to request on a voluntary basis information, statistical information, from all Australians on the electoral law as to their views on whether or not the law in relation to same-sex marriage should be changed to allow same-sex couples to marry.
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Malcolm Turnbull bounces into the blue room.
The government will be presenting the plebiscite again this week.
If it is rejected (as expected), the government will hold a postal vote asking the same question.
He says the postal vote will operate in the same way as the plebiscite vote.
If there is a yes vote, the government will facilitate a private member’s bill to be introduced.
If there is a no vote, there will not be a bill.
Updated
Press conference with Malcolm Turnbull and Mathias Cormann due at midday.
House sits at midday.
Senate sits at 12.30pm.
*live blogger head spins*
Key plebiscite dates: 25 November plebiscite or postal plebiscite by 7 November
A Liberal MP has told Guardian Australia that the government will now propose a compulsory plebiscite to be held on 25 November.
If the Senate blocks the full plebiscite, the voluntary postal plebiscite fallback would start with a mailout of ballots on 12 September, ballots to be returned by 7 November and an announcement of the result no later than 15 November.
Parliament sits for two weeks from 27 November to 7 December, so the timetable as outlined would allow gay marriage by Christmas.
The question Australians would be asked is still the same as first proposed: “Should the law be changed to allow same-sex couples to be married?”
On public funding: there would be no public funding for a postal plebiscite (presumably because that would require an appropriation/legislation) and the party room is open to dropping public funding for the compulsory plebiscite, if needs be.
Updated
Short report via Katharine Murphy on the joint party room.
Tony Abbott insisted that exposure draft of proposed legislation to legalise same-sex marriage should be made available before either plebiscite. Abbott made several interventions, which attracted general disgruntlement.
The Victorian MP Russell Broadbent again raised concerns over a postal vote, saying there would be a massive campaign to discredit both the vote and outcome.
The finance minister, Mathias Cormann, said the process was in accordance with the precedent set in the Whitlam era to use the finance minister’s allocation for appropriations.
Which sounds like he will use it to fund the postal plebiscite.
Updated
Nice piece from marriage equality campaigner Rodney Croome about two men on a bus.
The King Canutes of the Australian Liberal party may have held the tide of change at bay this week.
But that tide is unstoppable, and soon it will carry all before it.
So 25 November is plebiscite day, for the compulsory plebiscite. Assuming the compulsory plebiscite – that requires legislation – will be knocked back by the Senate again, that would mean a postal plebiscite. In that case, it may be earlier. Paul Karp is confirming details now.
Amended post*
Updated
Reports joint party room decides on a 25 November plebiscite
Sam Maiden on Sky reports that the joint party room has decided on a 25 November plebiscite.
NXT MP Rebekha Sharkie has urged the Famous Five – the Liberal MPs pushing for marriage equality – to bring their private members bill to the house.
I would love to think they have the courage to go ahead with their private members bill ... We will support it ... The Australian public want this.
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With the Senate due to sit shortly, Labor’s shadow attorney general Mark Dreyfus says the high court should clear up any uncertainties around citizenship.
All of these uncertainties and challenges to the validity of someone’s election to the Senate need to be examined by the high court of Australia, just as occurred in [for] senator Day and senator Culleton.
Does this mean Labor will back a Roberts referral motion? Still not entirely clear.
Updated
Labor’s Terri Butler, one of Labor’s key advocates on marriage equality, says she would not be surprised if some people were upset by the plebiscite and did not take part. But she underlined she was not calling for a boycott.
She says an overwhelming majority of Labor MPs support marriage equality.
If the Coalition remains bound, she can’t say whether she thinks Dean Smith’s private members bill would pass the parliament.
It would certainly be harder without the support of Coalition ministers who believe in marriage equality, Butler says.
Bank scandal? You could set your watch by them
Bill Shorten also addressed the current (as opposed to the many historic) scandal in the Commonwealth Bank.
Josh Robertson has written a good explainer here of how it came to be that the Commonwealth Bank is accused of massive breaches of the money laundering act.
Shorten:
The one thing you can set your clock by is a problem in the banks, can’t you? It comes around time and time again. You had the CEO of the Commonwealth Bank telling Labor that we should go back in our box, know our place and don’t have a royal commission, and in the meantime his own operation seem to be operating in a pretty loose fashion, don’t they? So again, you want to fix the banks? Have a royal commission. Labor will have a royal commission and by the way, if we win the next election, if we haven’t dealt with marriage equality by then, we’ll legislate it in the first 100 days.
I'm no longer Canadian! & I have more to do in the Senate, so I'll nominate to recontest. In meantime we @QldGreens have state seats to win!
— Larissa Waters (@larissawaters) August 7, 2017
DPM deep in thought.
Updated
As the Australian reports that Malcolm Roberts has backtracked on a commitment to provide the Senate documents relating to his attempt to renounce British citizenship, Derryn Hinch has told Guardian Australia he will ask the One Nation senator for the proof.
Hinch and the Greens have been working on a proposal for all members and senators born overseas to produce evidence of renunciation, but he said he would ask Roberts in particular for evidence at a regular crossbench senators meeting he chairs at 10.30 today.
Asked if he would support a motion to refer Roberts’ eligibility to the high court, Hinch said he would not “put the cart before the horse” and wait to see what Roberts produced before he made a decision, because the only thing in the public domain is Roberts’ interview with Sky’s Paul Murray describing his efforts to revoke his British citizenship.
Updated
Crossbench not for changing on the plebiscite vote
In November, Labor, the Greens, the Nick Xenophon Team, and Derryn Hinch combined to block the government’s same-sex marriage plebiscite proposal in the Senate.
Now that the Liberal Party room has resolved to keep the plebiscite policy and revert to a postal plebiscite if necessary, the question is whether that stick (and any possible sweeteners/carrots) can change any Senate votes.
Early signs are nope, nope, nope.
Asked if there is any room to move on the plebiscite, Derryn Hinch told Guardian Australia “not from me ... I’ll vote it down”.
Hinch said that public funding for the yes and no cases was one of his objections, but dropping it would not be sufficient to change his vote.
NXT’s Skye Kakoschke-Moore said “the NXT position hasn’t changed – we don’t support a plebiscite on marriage equality, as the elected parliament it’s our duty to vote on legislation”.
She said a postal vote would be non-binding and harmful to the LGBTIQ community, but NXT would not seek to mitigate those objections by passing a compulsory plebiscite without public funding instead.
Lyle Shelton of the Australian Christian Lobby has threatened to campaign against Coalition MPs if they allow a free vote on marriage equality.
Updated
Someone in the Malcolm Roberts office has told the Oz he is not RELEASING THE DOCUMENTS. Derryn Hinch was going to ask him for show and tell today, so this increases the intensity in the senate today.
The shadow attorney general, Mark Dreyfus, is speaking on Sky.
He is highly critical of the postal vote. He says that having looked at various legal advice from advocates the postal vote is probably an illegal activity (without legislation), not authorised by the parliament, aimed at delaying marriage equality.
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Housekeeping 2.
After the citizenship dance, the Senate will get on to business.
First up on the notice paper is the corrupting benefits bill. It would outlaw making or receiving payments that encourage unions to improperly trade off workers’ rights. We know Labor and Greens are opposed but we don’t know where One Nation and Nick Xenophon are on this one. The government would need both those minor parties and two more to secure the bill.
One Nation has been fairly anti-union, so you would think it might support this bill but when it discovered the penalty rates cut went down like a lead balloon in its constituency it looked upon all things industrial with new-found curiosity.
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Housekeeping.
The house sits at midday. The Senate sits at 12.30pm.
The list of bills before the lower house is a heady mix.
- Excise Tariff Amendment (Tobacco Duty Harmonisation)
- Customs Tariff Amendment (Tobacco Duty Harmonisation)
- Education Legislation Amendment (Provider Integrity and Other Measures)
- Prime Minister and Cabinet Legislation Amendment (2017 Measures No 1)
- Customs Tariff Amendment (Incorporation of Proposal and Other Measures)
- Australian Immunisation Register and Other Legislation Amendment
- Safe Work Australia Amendment (Role and Functions)
- Imported Food Control Amendment
The Senate is another kettle of fish entirely.
We expect the high court referrals to happen promptly. All of these referrals need a majority of votes.
Matt Canavan will be referred by the government, so that box is ticked.
The Greens senators have agreement to refer, as they have initiated themselves. Box ticked.
The moving part will be the aforementioned Malcolm Roberts. Labor is still not saying whether they would back a Roberts referral. The government would be nervous because they need One Nation’s four votes for any legislation blocked by Labor and the Greens.
Labor’s position is less clear. They don’t need to curry favour but the bottom line with the Roberts referral exercising minds on both sides is this. At the end of the day, if Roberts not eligible, you still get a One Nation senator. So you are no further ahead.
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Speaking of Malcolm Roberts, I must bring you this Twitter exchange last week between the senator and the physicist Brian Cox. You may remember Cox brought graphs to Q&A to help Roberts understand the science of climate change. Cox hit the Roberts wall of derp.
This history is deeply felt.
What about we extend the event and let @ProfBrianCox & I debate?
— Sen. Malcolm Roberts (@SenatorMRoberts) August 4, 2017
Brian can have unlimited ’Phone A Friend’ & ‘Ask The Audience’ lifelines
To which, Cox replied:
Much as I would like to help out a fellow Brit, I don't think I'll bother. https://t.co/QrMSfQA2Yw
— Brian Cox (@ProfBrianCox) August 4, 2017
And I withdraw the offer, @SenatorMRoberts : You pay like anyone else, sit down, shut up and listen. A skill that will serve you well. https://t.co/MtiauCfIpU
— Brian Cox (@ProfBrianCox) August 4, 2017
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Guardian Essential: Labor 54%-46%
Labor remains in an election-winning position on the two-party-preferred measure, 54% to 46% up from last week’s 52% to 48%.
The opposition’s primary vote went up 3% to 39%, and the Liberal party primary vote slipped 2% to 34%.
The Greens are on 9%, down a point from last week. The Nick Xenophon Team was down a point to 3% and Pauline Hanson’s One Nation was steady on 8%.
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Apropos marriage, the Guardian Essential poll, via Katharine Murphy:
More voters approve of holding a postal plebiscite on marriage equality than disapprove of the concept but a majority wants the issue resolved before the next federal election, according to the latest Guardian Essential poll.
The new survey of 1,015 voters published after the Liberal party resolved on Monday night to resuscitate its original plebiscite proposal to canvas public opinion on marriage equality, and pursue a voluntary postal vote if the parliament rebuffed the plebiscite, shows the various options to resolve the debate about legalising same-sex marriage divide Australian voters.
The survey found 43% approved of holding a voluntary postal plebiscite followed by a vote in parliament, while 38% disapproved. Asked about a parliamentary vote, 43% approved a vote where government MPs would cross the floor, while 31% disapproved.
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Bill Shorten: plebiscite and postal plebiscite = dumb and dumber
The opposition leader says these guys in the Liberal and National parties only want to play with a stacked deck. He says of all the problems the parliament should be discussing, the Coalition are turning themselves inside out on marriage equality. Just do it. He says of the plebiscite – which he has supported in the past – and the postal plebiscite:
I just see those options as dumb and dumber … Maybe they should just ring up a few people and see what they think. It would be cheaper.
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Greens update: Larissa wants back in, Scott doesn't, what about Malcolm Roberts?
The Greens leader, Richard Di Natale, has put out a statement regarding the citizenship referrals. He will move to refer the cases of Larissa Waters and Scott Ludlam to the high court when the Senate sits later today. Waters discovered she had Canadian dual citizenship after Ludlam discovered he had New Zealand dual citizenship.
We will be moving motions in the Senate to refer senators Waters and Ludlam to the high court. It will take some time for the high court to carry out its duties but we are absolutely confident that those seats will remain Green following a recount. We have been granted a pair for each senator, which the Greens will continue to use to keep the government and opposition honest in the Senate.
Larissa Waters has “taken all necessary steps” to renounce her Canadian citizenship so she could be preselected again by the Queensland Greens.
I understand that Scott doesn’t plan on returning to politics in the short term but Larissa has indicated to me that she has unfinished business that she wants to continue.
Ultimately, these are matters for the Queensland and WA parties but if they support their nominations, I would welcome both of them back into the parliament with open arms.
Depending on the findings or the court of disputed returns, the seconds on the ticket in Queensland and WA, Andrew Bartlett and Jordon Steele-John respectively, are likely to be elected, followed by preselections ahead of the next election, the timing and process for which is up to those respective parties.
The government will also refer the curious case of the resources minister, Matt Canavan, to the high court, after he discovered he had Italian dual citizenship.
These referrals will happen, I am told, as soon as the Senate sits at 12.30pm. They are the known knowns.
The unknown unknowns relate to Malcolm Roberts, the One Nation senator who was born in India and made vague paper-shuffling noises in the direction of the British authorities to renounce his UK citizenship that he said he never had. It is a long and tortured story which you can read here.
Roberts told my soon-to-be colleague Amy Remeikis over at the Fairfax digs that he was “choosing to believe” he was not a British citizen – which tells you a lot about his views on empirical evidence and climate change.
Anyway, Senator Derryn Hinch said last week that if the government didn’t refer Roberts to sort out the case, he would. But yesterday Hinch told me that he would talk to Roberts before he did anything.
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Mathias Cormann says he believes the plebiscite process will achieve an outcome before the summer break. That is the beginning of December.
If there is a positive outcome out of a plebiscite, whether it is a compulsory attendance plebiscite or a voluntary postal plebiscite, under both scenarios then the government would facilitate consideration of a private member’s bill by parliament and we believe that could happen before the rising of parliament.
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Mathias Cormann says the government will not release the government’s legal advice on the legitimacy of the postal vote, especially given that it might face a challenge.
Nor will he enter into estimations of its cost, which was previously indicated to be $170m.
The government will seek to revive the plebiscite legislation that was defeated, says Cormann. That included funding for the yes and no case.
The question will ask Australians whether they support a change to allow same-sex couples to marry.
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Plebiscite bill to return to the Senate this week 'hopefully'
Mathias Cormann says the goverment’s preference is a compulsory attendance plebiscite to keep faith with the electorate.
That original plebiscite will be put up to the Senate “hopefully” this week.
If that fails to get through the senate, Cormann says the government believes it has a legal option of a non-legislated voluntary postal vote.
Given that even marriage equality opponents like Tony Abbott and Craig Kelly think a postal vote is a dodgy option, Cormann says the government commitment was unequivocal.
He won’t pass an opinion on how many of the 15.7 million Australian voters would need to return a vote to make the postal vote legitimate.
He reminds Fran Kelly that there are lots of voluntary voting democracies around the world. And those countries are not illegitimate.
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Good morning bruvvers and sisters,
Well it’s the morning after the night before, the kind of morning you wake up and think, did that really happen?
Malcolm Turnbull, prime minister and former advocate of marriage equality, has managed to insert another hurdle in the way of achieving that aim.
To recap for those who were not with us last night, the new Coalition policy on marriage equality is tougher obstacle course than before.
- Plebiscite
- If not, postal plebiscite.
- If it is a yes, then a free vote, which means opponents are not bound by whichever plebiscite result is spat out.
The veteran affairs minister, Dan Tehan, has been talking to Sabra Lane about the outcome.
The joint party room will meet this morning when the Liberals join the Nationals for the full monty. They will decide the timeframe of this hastily cobbled together sham, though MPs told me last night that it was supposed to be done and dusted by Christmas.
He cannot tell us whether or what the formal legal advice involved.
The Australian people will know the answers to those questions after the joint party room has met and we have decided what course of action we will take.
There is a whole lot of shaking going on so let’s get this plane in the air. Finance minister and Senate whisperer Mathias Cormann is around so I will bring you his comments shortly.
Talk to me on the Twits @gabriellechan or in the thread or via Facebook.
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