That is where we will leave you today. It’s been a big week and after the last few days, I think we all need a bex and a lie down.
Obviously, for me, when I say bex, I mean vodka, but insert whatever self-care aid is necessary.
Tomorrow is Close the Gap. That should shift the narrative. It deserves to have the full attention of the parliament.
But we’ll see.
The government and Labor are now locked in a battle to the death and the outcome is largely going to depend on how everyone in voter land treats what they are hearing. Politics is one thing. Politicising human tragedy is another.0
Hakeem al-Araibi will be in the Parliament tomorrow, along with Craig Foster and Kate Gill, to play a soccer friendly on one of the ovals here.
A very human reminder of the people behind this mess. And why caring and compassion isn’t weak. It’s vital.
A massive thank you to Mike Bowers, who just doesn’t stop, and the Guardian Canberra team of Katharine Murphy and Paul Karp. And of course, the rest of the Guardian brains trust who are unseen, but always remembered.
It’s been another messy day, but thank you to you for following along with us. We couldn’t do it without you. We’ll be back tomorrow morning, but, please – take care of you.
Updated
From the valedictories
Updated
Peter Dutton has put out a statement. It’s below. The bits in bracket are mine, and mostly taken from Katharine Murphy’s explainer on the bill.
Where has Shayne Neumann been in the last 24 hours?
Mr Neumann’s assertion that ‘there is no difference between Labor and Liberal when it comes to our border protection regime’ is exposed for what is and always has been – a ruse, a lie.
(Politics)
That Labor’s invisible immigration spokesman would try to make that case today is laughable.
What Labor has done – via ‘Shorten’s law’ – will completely unravel offshore processing and in so doing begin dismantling Operation Sovereign Borders (OSB) – the Coalition’s successful suite of policies to stop the boats.
(It will not. The bill, which was an amended government bill, changes nothing in terms of OSB or border protection regime)
Offshore processing is one of three pillars of OSB – it makes it clear to anyone considering attempting to come to Australia illegally by boat that they will not reach Australia.
Now Labor has provided the pathway from Manus and Nauru to Australia.
(Again, there is no new pathway.)
It has taken the decision-making power from the Government of the day and handed it to any two activist doctors who can decide – sight unseen – that someone in Manus or Nauru must be brought to Australia for a ‘medical assessment’.
(This is a lie. The minister can object on three grounds. From the explainer: First, the minister can refuse the transfer if he or she disagrees with the clinical assessment.
The second grounds for refusal is if the minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security “within the meaning of the Australian Security Intelligence Organisation Act 1979, including because an adverse security assessment in respect of the person is in force under that Act”.
Sticking with security, the transfer can also be knocked back if Asio advises the minister that transfer of the person to Australia may be prejudicial to security “and that threat cannot be mitigated”.
The third grounds for refusal is if the minister knows that the transferee has a substantial criminal record and the minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.
The decision needs to be made within 72 hours.
If the minister denies the transfer request on health grounds (as opposed to security or criminal grounds), then the issue goes to an Independent Health Advice Panel “as soon as practicable”.
The panel then conducts a second assessment and reports within 72 hours. If the panel reports the person should be transferred on health grounds, and the other vetoes I’ve mentioned are not in force, then the view of the panel prevails.)
This is the second pillar of OSB that Labor is destroying.
It has already declared that it will end Temporary Protection Visas instead of providing only Permanent Protection Visas to illegal arrivals in future which guarantees them residence in Australia and a path to citizenship.
(They are not illegal arrivals, they are unauthorised arrivals. Labor’s platform, ratified at conference, says these Temporary Protection Visas place refugees in an ongoing State of uncertainty and prevent meaningful settlement, creating hardship for refugees and denying Australia the benefit of their contribution. Labor will abolish Temporary Protection Visas and Safe Haven Enterprise Visas and transition eligible refugees onto permanent visa arrangements. It is for those who are already on protection visas and have no certainty of status.)
Does anyone really believe that Labor will have the fortitude to continue the remaining pillar of OSB – boat turn-backs?
(Politics)
The answer is obvious.
Just as obvious is the fallacy that Labor is “lock step” – “no difference” – with the Coalition on border protection.
Labor supports OSB – unfortunately for Bill Shorten it stands for Open Soft Borders.
(More politics)
Updated
It may be that the valedictory statements have pushed back the tabling of the Great Barrier Reef Foundation grant Senate committee report until later tonight, or even tomorrow morning.
“Politics is not easy,” finishes David Leyonhjelm, in what is his last speech in the chamber.
David Leyonhjelm is now delivering his valedictory statement.
He is leaving the federal parliament for a shot at the NSW state parliament.
Thank you to those who keep their eyes out for me – Labor, the Greens and enough of the crossbench have passed this motion, which will force Michaelia Cash to give a five-minute speech on what has come out of the federal court AWU case.
Labor, Greens, Centre Alliance, Derryn Hinch, Tim Storer, and One Nation voted for it.
To move —
That the Senate — (a) notes that, on 25 October 2017, the Minister for Small and Family Business, Skills and Vocational Education (Senator Cash) told a supplementary Budget estimates hearing that her media adviser, Mr De Garis, had received information that raids on the AWU may take place “from a media source”;
(b) further notes that, in court proceedings on 12 February 2019, Mr De Garis has now named the Minister’s then Chief of Staff as the source of the information;
and (c) orders the Minister for Small and Family Business, Skills and Vocational Education, to attend the Senate at 2 pm on Thursday, 14 February 2019, prior to questions being called on, to make a statement of not more than five minutes to correct the record.
Updated
It is worth noting, as I go back over the day, that Shayne Neumann has not been sent out to speak on the medical evacuation bill, despite it falling under his portfolio.
Anthony Albanese has been the main Labor spokesperson on this, with Brendan O’Connor (a former minister in this space) also wading in.
Ron Boswell and Fiona Nash are both in the gallery to support Wacka.
Valedictory statements for @SenatorWacka and Senator @DavidLeyonhjelm are now taking place in the #Senate
— Australian Senate (@AuSenate) February 13, 2019
Watch live: https://t.co/9Lgw5iXAcZ
Wacka is talking about all the times he has worked with other senators, of other political persuasions, to get things done.
Its nice to hear.
What a treat on 2GB - a prime ministerial double-header with Tony Abbott followed by Scott Morrison.
As far as I can work out the biggest threats to national security are Bill Shorten, the independents and our very own Katharine Murphy for pointing out the inconvenient fact that the medevac bill only applies to the current cohort – not future arrivals.
Abbott responded to that inconvenient fact:
Now [the message of the people smugglers] is going to be ‘get on a boat, get to Nauru, get sick, get to Australia and stay in Australia’. Sure Labor will say that’s not what the fine print says. But the people smugglers are not going to be drawing their customers’ attention to the fine print, they’re going to say ‘hey have we got a deal for you’.
And Morrison gave us the nuances don’t matter schtick:
All the journalists down here in Canberra in the bubble. They think all these little nuances matter. And the Labor party think it too. The people smugglers they just turn up to someone sitting in Indonesia and say ‘guess what they changed the laws down there in Australia you can get on a boat now, let’s go’. They think they’re all glued to listening to journalists in Canberra explaining the intricacies of things – it’s nonsense.
Abbott was prepared to say that security agencies had detected “additional chatter” from people smugglers. Morrison said he couldn’t confirm this but when it comes to waking the beast “Bill Shorten has given it a big poke”.
Abbott used the medevac bill to attack independents challenging Liberals in safe seats (like his own, Warringah):
The Labor [arty can’t be trusted to keep our country safe, it can’t be trusted to protect our borders. When it comes to boarder protection Labor party is bad, but the independents are worse. Because Labor are only able to do this because they have the support of six of seven independents including three independents in what would normally be Liberal seats pretending to be Liberal-lite. They’re not Liberal-lite, they’re worse than Labor.”
Morrison said it was a fair assessment that the medevac bill meant Shorten was not fit to be prime minister. “He hasn’t got the ticker for it.” He said:
When it comes to national security you don’t trade in it – it’s an area of pure conviction. You do things because you believe it, you don’t flip and flop as he’s done here.”
Updated
John ‘Wacka’ Williams is giving his valedictory statement to the House.
Michaelia Cash’s former media adviser, David de Garis, has finished given evidence in the federal court after today revealing he worked with an aide to Michael Keenan to leak information about police raids to the media.
The AWU’s lawyer, Herman Borenstein QC, tendered email, text messages and call logs from De Garis’ work laptop and mobile phone that were acquired as part of a separate federal police investigation and subpoenaed by the AWU.
De Garis conceded he had deleted three text messages he had exchanged with Michael Tetlow (Keenan’s former staffer) about the leaks. He did so before his work phone was collected by parliamentary staff shortly after he resigned, the court heard.
“Can I suggest to you that item 20 is a message from Teltow saying warrants are under way and your response is to thank him,” Borenstein said, referring to an exchange between the two.
De Garis said deleting the messages “probably wasn’t the smartest thing to do”.
Cash’s former chief of staff, Ben Davies, will take the witness stand in the civil trial tomorrow.
De Garis said on Tuesday that Davies had tipped him off about the raids on the AWU offices, which the union says were resulted from a “politically motivated” probe by the union regulator, the Registered Organisations Commission.
Updated
If you are still wondering what the medical evacuation bill is actually about, I recommend you read this from Katharine Murphy:
Updated
Tony Abbott just spoke on 2Gb, followed by Scott Morrison.
Yup.
Paul Karp is listening for you.
Anthony Albanese:
We wanted to make sure that the very simple principle, that I have spoken about with you before, that you can be tough on people smugglers, without being weak on humanity.
That is my firm belief. That is what we ensured occurred with the legislation that was carried, not just in the House of Representatives, but in the Senate today. And it is interesting that Derryn Hinch, who I think is someone of integrity, got a security briefing and then voted for the legislation.”
Anthony Albanese is responding to what Peter Dutton said on Sky.
He said there are already 400 people in Australia, receiving treatment, and with their families, that is 900 people, already here.
“You can have strong border security without losing your soul,” he says.
He says the bill just codifies what is already happening.
“This has no impact whatsoever on the current border protection policy that is in place.”
Updated
Peter Dutton, not saying that the medical evacuation bill only applies to the current cohort:
Let’s be frank. There are two points to make here, is that nuance will be lost on the people in Indonesia and Sri Lanka (not if you promote it, David Speers interjects). No, we are dealing with people who are unscrupulous. We are talking about people who presided over an arrangement where men, women and children went to the bottom of the ocean. These are organised crime syndicates.
If you think they are going to say to people you can’t get to Australia, you are kidding yourself.
The second point I would make, is that you’ve seen what Labor has done in opposition, imagine what they will do if they are elected into government. If you think they are not going to bring people from Manus and Nauru, newly arrived on boats, I just think it defies credibility.”
Updated
It looks like the government’s big stick energy legislation is coming up for debate tomorrow – and it is possible the Greens have the numbers for an amendment which would stop the government from being able to underwrite funding for coal projects.
If it comes off, that would be another defeat. If it comes off.
Definitely one to watch.
Peter Dutton is now refusing to say that the medical evacuation bill will only apply to the current cohort.
He also calls it a “nuance”.
But refuses to say it. Just a couple of minutes after saying that there are people who are watching every word on this.
Peter Dutton is on Sky News today.
He says it is a “statement of the obvious” that people have a “particular interest in this” and “as we have said all along, people watch every word, every debate on this, in this country”.
*Flashback to when the prime minister repeatedly refused to say that the medical evacuation bill only applies to the current cohort this morning*
Brendan O’Connor says whether Labor would keep Christmas Island open or not is a “hypothetical question”.
Why is is being opened? Why is the prime minister sending a message to people smugglers that Christmas Island is being opened. Never mind why would we close it, why would it be opened?
What is the need to do that? The fact is he should be maintaining his ... maintain the policies, we support the government with respect to border protection policies. It is the prime minister, in the view of Labor and I believe in the view of most people in this country, that he has acted improperly, he has acted dishonestly in terms of how he has represented the legislation ... and he really should rethink his position.
This is not a sustainable position of a prime minister that really wants to deal with this issue properly and is commensurate with his office.”
Updated
Jackson Williams is the Sky News NZ bureau chief. It doesn’t look like New Zealand is happy with the decision to reopen Christmas Island.
NZ Justice Minister Andrew Little says the re-opening of the Christmas Island detention centre is "disappointing" as "the conditions aren't satisfactory". @SkyNewsAust
— Jackson Williams (@jacksonw____) February 13, 2019
Updated
'Treacherous act' – Labor starts fightback in border security fight.
Brendan O’Connor just ramped up Labor’s rhetoric against what the government has been saying around the medical evacuation bill.
The prime minister today in the most outrageous, dishonest press conference I have seen from a prime minister in my 18 years in this place, has actually done the opposite – sending a message, he is advertising like the ad man he is, to people smugglers, that business is open.
That is an outrageous act, that is a treacherous act, it is an act that should not be conducted by a prime minister, but clearly under pressure, he has really gone the low road and that is a terrible thing for any prime minister.”
Updated
Brendan O’Connor says Labor will keep the border protection policies which are in place.
Brendan O’Connor is speaking on what has come out of the federal court case today, where the AWU is attempting to have the raid on its offices declared unlawful (and therefore means any evidence gathered during the raid would be unuseable by the government).
He is also speaking on the government’s rhetoric around the medical evacuation bill.
“It is extraordinary, it is reprehensible, it should be condemned,” he says.
Updated
I posted a tweet with a picture of the portrait before, but for those who missed it:
Very moving ceremony unveiling my dear friend @LindaBurneyMP portrait as the 1st indigenous woman elected to the House of Reps on the Anniversary of the Apology to Stolen Generations #Respect pic.twitter.com/326MXepm6u
— Anthony Albanese (@AlboMP) February 13, 2019
Just two country guys Andrew Broad and Barnaby Joyce after #qt @GuardianAus @AmyRemeikis @murpharoo #PoliticsLive https://t.co/SRk3jXTvus pic.twitter.com/lCBPuYSebe
— Mikearoo (@mpbowers) February 13, 2019
Linda Burney on her portrait:
I am humbled because I am reminded that we all serve in this place, and we enter this place having been lifted up on the shoulders of many others.
This is not just about the portrait of me, this is about those who have come before me, and those that will come after.
This is about all of us – and I want to really stress that – it is all about all of us. There is a little bit of all of us in this painting. It is also about those who were generous with their time, and those whose sacrifices have gone unsung and unannounced.
But in my heart and mind, everyone here has helped build this subject. Whether you’re a parliamentarian, a friend, a colleague, someone that works here in the parliament, I know many of you here because you see this as a historic occasion.
It is an honour to serve. We say that often, but we all know it truly is. There is something beyond oneself in that service.
I am constantly reminded about the significance of the election of the first Indigenous woman to the House of Representatives – young men and women from both Aboriginal and non-Aboriginal backgrounds understand what that election means too – because they tell me so – that it’s been important for them – and that of course is extraordinarily generous.
This portrait is about First Nations women. It is about First Nations people , but as I said there’s a little bit of all of us in it.
And in turn, I am driven in this place and energised by my work – of what young people – women and men – say to me.
Updated
The manager of opposition business, Tony Burke, has asked the Speaker, Tony Smith, to consider allowing a motion to refer Tim Wilson to the privileges committee over his handling of the franking credit inquiry.
The essence of the complaint is:
- Tim Wilson authorised a partisan website stoptheretirementtax.com part-funded by Geoff Wilson which garners submissions opposed to Labor’s policy and signs submitters up to a Wilson Asset Management petition.
- Geoff Wilson boasted to investors in September that he worked with Tim Wilson, who chairs the House Economics Committee, to coordinate inquiry hearings with Wilson Asset Management roadshow events to help investors come to protest against Labor’s policy.
- Tim Wilson declared that he is a shareholder in two funds managed by Wilson Asset Management on the parliament’s pecuniary interest register but failed to make a declaration in public hearings including the 30 November hearing at which Geoff Wilson gave evidence.
Burke questioned whether Tim Wilson had “organised the committee’s hearing schedule and locations at the behest of a person with a vested interest in the inquiry”.
“This also raises the question as to whether the actions of the chair amount to an improper interference with the free exercise of his own committee’s authority or functions, such as to constitute a contempt of the House,” he said.
Burke suggested that given Tim Wilson’s shareholding through his self-managed superannuation fund, he “may be impacted by the very policy his committee is inquiring into” in his retirement.
He questioned whether Tim Wilson had breached standing orders that “no member may sit on a committee if he or she has a particular direct pecuniary interest” in the matter under inquiry.
Burke noted that as a result of the stoptheretirementtax website the committee will be using “evidence written by the chair” lodged through a website “party funded by a person with a vested interest” in the inquiry.
In its first iteration the website required users to sign the Wilson Asset Management petition to register to attend hearings, although it has since been modified to remove that requirement.
Burke said the website “continues to create the misleading impression that in order to attend people are required to register even though that is not the case”.
Burke said that in effect people were “forced to provide their private information to a commercial enterprise” and the website was likely to discourage people with a different view on Labor’s policy from attending hearings.
“As such, in its deliberations the committee will be forced to rely on evidence which has been prejudiced by the actions of the chair.”
Burke also noted reports that Tim Wilson had not intervened when the Liberal MP Andrew Wallace encouraged people to join the Liberal party and did not stop membership forms being handed out at the 30 January inquiry hearing.
The Liberal MP Jason Falinski also posted Liberal A-frames outside the hearing in Dee Why, he said.
Updated
Tony Burke has taken to the floor to raise an issue of privilege – it looks like Labor is moving on Tim Wilson.
Updated
Scott Morrison calls time on question time.
The Greens will introduce a motion calling for a royal commission into the Murray-Darling Basin plan later this afternoon, but the move is doomed to fail after Labor said it would not support a further inquiry.
“We will soon have four extensive pieces of analysis into the Murray-Darling Basin – the Productivity Commission review, the South Australian Murray-Darling Basin Royal Commission, the Academy of Sciences review into the fish kills and the review commissioned by the minister,” the shadow water spokesman, Tony Burke, said.
“Action needs to be taken now and the fish kills over summer have made clear just how urgent that action is,” he said.
Labor is introducing a bill this afternoon to repeal the 1,500GL cap on water buybacks as a first step.
But that move will be met with ferocious opposition from farmers and the government whose National party MPs fear the economic impacts in rural Australia.
The National Farmers Federation said it had collected hundreds of signatures overnight opposing a resumption of the hated water buybacks and is mounting a major campaign.
Representatives of First Nations in the Murray-Darling Basin, who are in Canberra today, want a royal commission because they say their people had borne the brunt of mismanagement of the river system.
Burke said Labor might consider supporting a royal commission in the future, but don’t hold your breath. Any inquiry into the plan would canvass the political compromises that Burke made in the lead-up to the plan being signed in 2012.
Updated
Andrew Wilkie asks a question about the Tasmanian bushfire response.
Scott Morrison is listing what the government has done.
Trent Zimmerman gets a dixer asking about alternative approaches for keeping women safe.
#deathtodixers
Anne Aly to Scott Morrison:
Why is the government claiming that the recommendations of the banking royal commission can’t be implemented before the election while yesterday saying it was possible to start legislating the recommendations? Isn’t the truth that this government just can’t be trusted to implement the recommendations of the royal commission?
Josh Frydenberg:
I’d say to the member for Cowan she should have a word to the member for McMahon and tell him to get his skates on and produce a response to the royal commission. From those opposite, we’ve had zip. Zero. Nothing. Nada. Nothing. Zilch. Where is the Labor party’s response to the royal commission? All we have seen is stunts. The leader of the opposition, the Evel Knievel of Australian politics. The stunt master.
Yadda, yadda, yadda.
Updated
Scott Morrison:
I have also asked the home affairs department to provide advice on the implementation of the measures that were set out in the parliament yesterday and were voted upon – moved and supported by the Labor party in defiance of the national security advice that they were very well aware of.
There is an eerie ring to what we are seeing. The leader of the Labor party stood here last night and he talked about getting the balance right on border protection.
I remembered that phrase very clearly. Because there was another leader of the Labor party who said just that.
It was Kevin Rudd. He said, “Our policy is clear cut. It’s balanced. We’ve got the balance right”. A balance that led to 800 boats, 50,000 arrivals, 1,200 people dead at sea, all on the heads of those who sit opposite.
All on the heads – on your head, your head and your head. They were all there willing it on.
I remind them of the words of Senator Evans who said, “The scrapping of TPVs fulfils the Rudd government’s ... The measure would not compromise the government’s commitment to protecting Australia’s borders”.
He said that on 13 May 2008. 2008. We know what followed. That set the boats running again. This leader of the Labor party does not have the strength to lead this country, to keep Australians safe and secure and he demonstrates his weakness in this place yesterday beyond measure. The Australian people have got this man’s number. It comes up with a big fat zero when it comes to strength to secure our borders.
Updated
Extra sitting week debate is probably moot
The threat to the government of extra sitting weeks to discuss banking reforms appears to have receded after Andrew Wilkie expressed scepticism, a change of heart after full-throated support last week.
Wilkie said that “so soon and so few” extra sitting days would “not allow time to properly prepare, scrutinise and debate the necessary bills in both houses of parliament”.
Wilkie told Guardian Australia the change of heart came after a treasury briefing and seeing the Law Council’s view. The Law Council wants banking reforms referred to the Australian Law Reform Commission rather than rushed through in extra sitting weeks.
“I’m sceptical that adding six days to the parliamentary sitting calendar would achieve any meaningful progress on legislating the bank royal commission recommendations,” he said.
We are all the Mars rover today.
Sad news. Mars rover #Opportunity is probably done. Sometime tonight, a team @NASAJPL will make their final attempt to contact #Oppy. If they can't, they'll likely call the mission. Here's what happened... 1/ pic.twitter.com/oLgATexUHN
— Jacob Margolis (@JacobMargolis) February 12, 2019
Updated
Cathy O’Toole to Scott Morrison:
Why does the prime minister find it so hard to just admit he got it wrong when he blocked the royal commission? Why is he repeating the same mistake with his part-time parliament which will stop recommendations of the royal commission being implemented before the election?
Morrison:
I refer her to my answer on this yesterday but I am very surprised that the member for Herbert would not come in here and ask me about what we are doing to support the people of Townsville during the floods.
This was the whole answer.
Updated
Christopher Pyne, in his dixer answer on defence spending, accidentally just admitted no one watches his Sky News show:
I thought the shadow minister for defence has finally had a win. He doesn’t have much of a profile but he’s finally had a win.
Pyne and Marles, featuring Christopher Pyne and Richard Marles, is something that exists.
He quickly realises his mistake:
Except when he is on my show!
Updated
Chris Bowen to Scott Morrison:
Can the prime minister confirm reports he was the last senior member of the government holding out against a banking royal commission? Can he also confirm he is the key senior member of the government now holding out against extra sittings of the parliament to finally implement the recommendations of the royal commission he delayed?
Josh Frydenberg:
Mr Speaker, can the member for McMahon confirm there are 3,000 retirees in his electorate that he has told, “Don’t vote for Labor”, because the reality is the member for McMahon has had an opportunity to provide to the Australian people a comprehensive formal response to the banking royal commission. Despite all the huff and the puff of how important this is, he’s been left wanting, Mr Speaker. He’s been left wanting with empty hands. With empty hands.
Etc, etc, etc.
Updated
Clare O’Neil to Scott Morrison:
Does the prime minister regret describing the royal commission as a populist whinge? Given that this sort of attitude delayed the royal commission for almost two years, why is the prime minister repeating his mistake by refusing to schedule extra sittings to implement recommendations of the royal commission?
You know how this goes. Josh Frydenberg yells some things.
And then everyone gets a little chance to regroup, because Michael McCormack takes the floor, giving us time to update the elevator music in our head.
Updated
At 2.44pm, Tony Abbott walks into the chamber for question time.
The government backbenches are ENERGISED today. Christian Porter takes a dixer and includes this:
What was it you did not want to talk about last night? There is no discretion for this government, or our minister, to stop the transfer of a person who is being investigated for, charged with or on trial for, or even awaiting sentence, for a serious criminal offence.
This isn’t a hypothetical issue.
We are well aware of the reporting of a potential transferee on Manus Island charged with four counts of sexual penetration of a minor under the PNG summary offences and crimes against children act.
We are aware of another potential transferee who has been charged with an indecent act with a child under 16, detained in Nauru and yet to have their first court appearance.
There is another potential transferee charged with assault of a treating psychiatrist. None of those cases could result in the minister exercising the discretion to stop the transfer.
Just think about what we were prevented from debating last night.
Two doctors could initiate a process where the minister has no discretion to bring someone to Australia, who is charged with assaulting a doctor offshore, coming to Australia to get further assessment by a doctor onshore.
We could not stop that transfer. That is absolute madness and something we were stopped fulsomely debating last night.
What a ridiculous situation that you gagged debate and rammed through such an outrageous situation where ministerial discretion is reduced over serious criminality. You know what?
If they had such a big win last night on border protection, why not a single question on it today?
The government side goes off. It’s like the Nickelback concert of their dreams, where Chad plays Photograph AND You remind me, given their reaction. (I just assume a lot of people who get excited about yelling SHAME listen to Nickelback.)
Updated
David Lipson is the ABC Indonesia correspondent:
In Indonesia, few noticed or cared that the Government lost the medevac bill. However, the Prime Minister's announcement that he's reopening Christmas Island for business is making a splash.
— David Lipson (@davidlipson) February 13, 2019
Bill Shorten to Scott Morrison:
It is a matter of record that after Labor called for a banking royal commission in April 2016 many Australians were still subsequently ripped off by the banks. How many people does the prime minister think suffered during the 600-day period that he opposed Labor’s banking royal commission? Will the prime minister at least say sorry to this group of victims who suffered because of his decision to put big banks ahead of the victims of banking scandals?
It’s Josh Frydenberg who takes it again and says all the same things.
Please just fire me into the sun and get this over with.
Updated
After a tumultuous morning, the high court case seeking to challenge Al-Kateb is going ahead.
The lawyers for the plaintiff were unable to get the instructions from him they wanted, which was to have the case referred back to a single judge (after arguments about statelessness didn’t go well this morning).
Ron Merkel QC noted the high court could make the order itself, but it declined.
Arguments on the case have now begun.
Updated
Chris Bowen to Scott Morrison:
The prime minister and every member of his government voted against a banking royal commission 26 times. Having delayed the royal commission, the government should not delay parliament implementing its recommendations. Given that the parliament is only scheduled to sit for 10 days in eight months, why won’t the prime minister schedule extra sittings of the parliament to implement the recommendations of the royal commission?
Josh Frydenberg is back:
The member for McMahon hasn’t even provided his response to the royal commission and he wants extra sitting weeks.
He says, “We have, we have”. An in-principle agreement. What is your message to the 17,000 mortgage brokers employing 26,000 people across the country? What is your message on once-only default?
What is your message on once-only default? Does the member for McMahon agree with the governor of the Reserve Bank of Australia, who said of our approach on mortgage brokers, “I think the government is right to be cautious about going the full way and making the borrower pay”?
That’s what the governor of the Reserve Bank said. ME Bank, owned by industry funds, has said about that recommendation, “I do not think it’s about making the consumer pay”.
When we talk about extra sitting weeks, none other than the Law Council of Australia said, “Parliament must hasten slowly. We must take time to get this right. We must ensure a real opportunity to set this right through meaningful reform is not lost in the race to the election.”
That’s the Law Council of Australia sending the Labor party a message about their stunts.”
He continues, but it’s pretty much what was in the last answer.
It is nice though that the government needs to hear Labor’s policy before moving on with their own though. Because that appears to be what Frydenberg is saying.
Updated
I’ve been inside for quite a few hours – can someone tell me if outside there are a bunch of people wearing bejewelled von Dutch trucker hats? Is there a lot of Playboy merch around? Is It Wasn’t Me and Lady Marmalade suddenly top of the charts again?
Because in here it is the early 2000s and if we have gone back in time I’ll happily dig out my velour tracksuit, because there are some mistakes I would love to make again.
Updated
Tanya Plibersek (who sounds like she has a cold) to Scott Morrison:
My question is to the prime minister: Why won’t the prime minister say sorry to the victims of the banks for voting 26 times against the banking royal commission?
Josh Frydenberg takes this one:
It’s the Labor party that needs to say sorry to the victims of Opes Prime. It’s the Labor party that needs to say sorry to the victims of Storm Financial, Mr Speaker.
It’s the Labor party that needs to say sorry to the victims of Trio Capital because the leader of the opposition was proudly saying, when he was the financial services minister, that we have the best regulators and the best banks in the world and he did not call a royal commission when they were in office for six years.
Mr Speaker, I want to show the Labor party what a response to the royal commission looks like. That’s what it looks like. It’s got a heading, it’s got a heading, it’s got a title, it’s got 40 pages, it’s got 76 responses to 76 recommendations, Mr Speaker.
The Labor party have had eight, nine days to respond to the royal commission and what have we seen? We’ve only seen stunts, Mr Speaker.
We want to know what more the Labor party can give than just they agree in principle because we looked up the definition of “in principle”, it’s general idea although the details are not established.
What is the Labor party saying to the 17,000 mortgage brokers? Are they going to say to the 17 ,000 mortgage brokers, small businesses, that they ignore the advice of the Productivity Commission?
Are they going to say to the 17,000 mortgage brokers employing 26,000 people that they don’t care about competition?
Are they going to say to the 17,000 mortgage brokers that they want to give a big free kick to the big banks, Mr Speaker? Are they going to give the big banks a $2.6bn free kick as a result of their response to the royal commission? What about once-only default when it comes to super?
Where is Labor’s position?
We are going to see some weasel words but where is Labor’s position? The member for McMahon has had over a week, he was demanding we respond, demanding we release it so he could rush out his response but it is nowhere to be seen.
The member for McMahon, the member for Hotham, they’ve gone missing.
They are running around the gallery whispering sweet nothings in the ears of the journalists saying, “The response will come”.
It’s an in-principle support. I tell you what, the 17,000 mortgage brokers, the small businesses across all your electorates want to know what are you going to do for their future or are you going to end their businesses in your response to the royal commission, whenever we get it?
Updated
Josh Frydenberg just managed to include the economy scare campaign line with the border security scare campaign line, and I think a part of me actually just died inside listening to it.
But I tell you what weakens a country’s budget. It’s the same thing that weakens a country’s national security and that, Mr Speaker, is weak borders.
Bets on who is the first to suggest we just build a wall around the country?
Updated
The Coalition leader in the Senate, Mathias Cormann, has said that both he and the prime minister have “full confidence” in Michaelia Cash.
In October 2017 Cash was forced to correct her evidence to Senate estimates when her media adviser, David De Garis, came forward as the source of the leak about the AWU raids. De Garis has since named Ben Davies, her former chief of staff, as his source for the information in the federal court.
In response to a question from Labor’s Penny Wong, Cormann said that Cash’s claims that her office had nothing to do with the AWU raid leak were “based on her knowledge at the time”. “This is also a matter that is currently before the courts, as such it wouldn’t be appropriate for the government to comment further,” he said.
Wong then quotes ministerial standards which require “lawful and disintererested” exercise of ministerial powers, and Cormann responds that “there is nothing in the smear and innuendo that in any way contradicts the statement Senator Cash made in Senate estimates and to the Senate about these matters”.
Updated
There was a follow-up question earlier, to Michael Keenan:
Is the minister willing to repeat the answer he gave the parliament outside of the parliament without the benefit of parliamentary privilege and is he willing to provide that statement as sworn evidence to any relevant inquiry?
But it was ruled out of order.
Updated
Bill Shorten to Scott Morrison:
My question is to the prime minister: Malcolm Turnbull has said he’s sorry for not calling the banking royal commission sooner.
But since the final report was released, the prime minister and members of his cabinet have refused 10 times to say sorry for delaying the banking royal commission for nearly two years.
Given that Malcolm Turnbull was decent enough to say sorry to the victims of the banks, why is he no longer the prime minister of Australia?
Morrison:
I refer the member to my answer yesterday. On the subject of sorries, when will the Labor party apologise for 50,000 people turning up on 800 boats? When will the Labor party apologise for 1,200 deaths at sea? When will the Labor party apologise for destroying the border protection regime? Simple question.
He sits down and says “I’m finished” (he means the answer).
Updated
Yup. Yup, it’s a trashfire.
Peter Dutton:
Mr Speaker, and if anybody had any doubts about what Labor would be like in relation to border protection, people who thought that maybe the Labor party had learned their lesson over the last six years ... Mr Shorten was going to support ... let me say to those people: Have no doubt this man sitting opposite me is not fit to be the prime minister of the country.
Let there be no doubt about that at all, Mr Speaker.
He has shown a reckless course of action that will see people coming from Manus Island who have been accused of being in sexual relationships with 14-year-old girls.
There is a person who stands accused of murder in Iran who, under the Labor party’s proposal, will have a right of entry into our country.
They can scream all they like, Mr Speaker. They are the facts. They are the facts, Mr Speaker. Far from standing strong on borders, this leader of the opposition has demonstrated that he is even worse, that he is even weaker, Mr Speaker, than Kevin Rudd and Julia Gillard combined.
Updated
Scott Morrison took a dixer on national and border security, which included this:
The Labor party did less in six years than we did in last year alone, Mr Speaker. As they let bikies and criminals and rapists and others stay in the country because they simply don’t have the mettle to make the decisions to protect Australia and to keep Australians safe.
Members on both sides. You have to have a strong economy to deliver all this but above all, you’ve got to have the ticker and the leadership to deliver it. Something the leader of the Labor party does not possess.
The election campaign is still months away. Months.
Updated
Labor’s Doug Cameron has started the Senate question time attack by asking the small business minister, Michaelia Cash, about evidence in the AWU raid trial.
This morning Cash’s former media adviser, David De Garis, told the federal court that the potential damage to Bill Shorten “would have been at least part of my thinking” when he leaked news of impending police raids on the AWU’s offices.
Cash replied:
“Senator Cameron is presenting me with information of which I am unaware. As this matter is before the courts I don’t propose to comment any further.”
Updated
Just on that answer, here is part of a question time from early last year, following Alice Workman’s February 2018 report:
Mr DREYFUS: My question is to the Minister for Human Services. I refer to a report last night from BuzzFeed News that the office of the then justice minister tipped off a newsroom so that TV cameras turned up at the sites of AFP raids before the police even did. A spokesperson for the minister is quoted in that report as saying yesterday: ‘Neither the minister nor anyone in his office informed media outlets prior to the execution of search warrants.’ Is that statement accurate?
The SPEAKER: Before I call the minister—this is why I wanted to listen to the question carefully – I want to be fully satisfied that the question relates to the minister’s current portfolio. I’ll hear from the manager of opposition business.
Mr Burke: In taking a point of order, Speaker, if I can quote from page 555 of Practice:
However, in a case when a minister had issued a statement referring to earlier responsibilities, a question relating to the statement was permitted.
It’s only on that basis that the question refers.
The SPEAKER: In that context, I’m satisfied the minister can answer the question.
Mr KEENAN (Stirling – Minister for Human Services and Minister Assisting the Prime Minister for Digital Transformation) (14:10): The answer to the member’s question is yes, but we will not be distracted by this enormous nonsense that you see from the Labor party. The actual issue here, of course, is that we are talking about search warrants that were executed in relation to a raid on the Australian Workers’ Union that was looking at law breaking when the leader of the opposition was secretary of that union. That is what we are talking about here. The allegations are that donations were made from that union in an unlawful way. They weren’t properly authorised, and one of those donations went directly to the leader of the opposition’s own election campaign.
We have the Registered Organisations Commission that exists to make sure that members’ money is actually used to benefit members, but, of course, we know that the Australian union movement has a culture where members’ money is made to benefit the people who run that union. That is what we were investigating here. If you had nothing to hide, of course, all you would do is cooperate with that investigation. But what has happened is that the Labor party and that union have run an enormous amount of interference – this is just another example – as opposed to actually answering questions about the lawful administration of that union. Well, we won’t be distracted. Nobody on this side of the House believes that any organisation in this country is above the law. Unfortunately, we can’t say that for the Labor party.
Ms Rishworth interjecting—
The SPEAKER: The member for Kingston is warned.
Updated
Question time begins
We are straight into it, today.
Brendan O’Connor to Michael Keenan:
My question is to the minister for human services and refers to previous answers he has given in his current portfolio given on the raids on the AWU when TV cameras turned up before the police. On 1 March last year, the minister confirmed to the House no less than three times that neither he, nor anyone in his office, informed media outlets prior to the execution of the search warrants. Does the minister stand by the three answers he gave?
Keenan:
The answer to the question is yes, I do stand by those statements. I was justice minister for 4.5 years. Every single day, myself and my office dealt with sensitive information. We had protocols associated with dealing with that information and we continue to make sure those protocols were adhered to in all circumstances.
Now, let me remind the House what this investigation is actually about.
The AWU offices were raided in search of documents about wrongdoing by the leader of the opposition when he was in charge of that union.
The treasurer! When he was in charge of that union, donations were made to GetUp and to his own campaign fund.
The question that the Australian federal police were investigating about whether those donations were made in a lawful way or whether the law was broken.
The response of the AWU has been, for 18 months, to run interference, to try and close down this police investigation.
Now, if those documents don’t incriminate the leader of the opposition, why is it they can’t be made public? What is it that the leader of the opposition is trying to hide?
I don’t have questions to answer about this matter, the leader of the opposition does.
Updated
For those wondering, Penny Wong accepted this at 11.45am:
LGBTQ young people Tony Lee (General Manager, Minus 18) and Anna Brown (CEO, Equality Australia) will today present a joint petition to Senators in CANBERRA calling for the removal of discrimination from our schools.”
Updated
Scott Morrison walked in with Darren Chester right behind him.
He’s having chats with Josh Frydenberg.
We are in the chamber for question time, so it’s time for ‘Who’s that MP’.
It’s an easy one (at least for me)
Andrew Laming.
He’s very cranky at the Labor Queensland government for something over the Redlands hospital.
Updated
Kerryn Phelps welcomed the bill passing the Senate (now it just needs royal assent, but Scott Morrison has confirmed it will “follow the usual processes”).
This is good legislation. What we’ve done here is to ensure that the seriously ill people who are on Manus and Nauru who cannot get the treatment they need there because their medical practitioners there say they cannot, are able to get that treatment in a timely fashion.
Until now, hundreds of cases have had to fight their way through the courts. People literally fighting for their lives through the courts, to get the treatment that they need while they are on Australia’s watch. This just is not a situation that could be tolerated any further.
What our Parliament and our Senate have done in the past few days is to say enough is enough. It is time for the Australian government, having done the job of stopping the boats and preventing unnecessary deaths at sea, to now prevent unnecessary deaths on Manus Island and Nauru.
This legislation achieves that. Importantly, it’s important to note that this legislation is confined to the current cohort of people on Manus Island and Nauru.
It does not provide any kind of attraction to people to leave where they are and to try to make the journey to Australia because they will not be considered as part of this legislation.
This is designed to solve a medical problem with a medical solution.
We did have messages last night from some of the people on Manus Island who said that for the first time they were experiencing some degree of hope that they could get the medical care that they need, that they would maybe have their pain relieved, their distress relieved, by getting appropriate medical attention.
Of course, a remote area like Manus or Nauru can’t hope to provide the specialist services and investigations that a centre in Australia can provide.
We know that from practising remote medicine in Australia, that people living in remote parts of Australia can’t always get the care that they need and need to come to a major centre to receive that care.
So it is with the people who are suffering on Manus Island and Nauru. I’m proud of what the Parliament has achieved these last two days and I commend the Parliament for the action it’s taken.
It’s now up to the government to make sure the people who need the medical care are not run through the courts unnecessarily and they get the care they so desperately need.”
Updated
It is the downhill slide into question time.
Prediction – it is going to be feral, and probably just a little bit gross. Because that is where we are at this year.
I’ve just been reminded that the Senate committee looking into the Great Barrier Reef Foundation funding grant is due to table its report his afternoon.
Catherine King tells the National Press Club Labor will not increase the Medicare levy, if it wins government.
We don’t have intentions to increase the Medicare levy. As I said, unfortunately, that damage the government did, the $3bn, is gone. It’s difficult for us to come to office and replace that money but we will have a bit to say about what we want to do for primary care and what we’re going to do about out-of-pocket costs particularly when it comes to patients suffering from cancer for example.
We’ll have a bit to say about that in the weeks ahead.”
Updated
Chris Knaus has filed this story:
Labor will use an oversight in Tim Wilson’s declaration of financial interests to ramp up pressure on the Liberal MP at the centre of the row over a parliamentary inquiry into the opposition’s franking credits policy.
Federal MPs are required to fully disclose all their involvement in corporate structures. The requirement is designed to boost transparency and prevent hidden conflicts of interest, but both major parties have at times failed to fully comply.
Wilson, in his register of interests, has properly declared that he is a beneficiary of a family investment trust, Bolger-Wilson Investments Pty Ltd.
But he has made a minor error by not declaring he is also a director or shareholder of the entity.
Peter Dutton talking to 5AAA Adelaide radio this morning put a figure on the number of criminals the government is talking about:
Dutton: This is a terrible situation because the Labor Party, Mr Shorten, has introduced a law which will allow people to come from Manus and Nauru that have serious criminal difficulties. So people that have been alleged to have been involved in sexual relationships with minors on Manus, people that have been alleged to have committed murder in one case, in Iran, these are the people that now will be permitted to come under what Labor’s passed through the Lower House.
Question: How many is this by the way?
Dutton: We’re just going through cases now, but there are at least about nine cases that I’ve cited already where there are significant concerns about individuals and under Labor’s now – if it passes through the Senate – law, we will see people coming as of right now effectively. It bypasses the minister and it puts the power to make decisions effectively into the hands of activist doctors.
Now, one of the lies that’s going round at the moment Leon, is that there is no medical support on Nauru for example. The reality is that there are 60 medical professionals paid for by the Australian taxpayer on Nauru at the moment. The population of people, boat people on Nauru is 427. Now 60 medical professionals for 400 people is a higher per capita rate than you will find in Adelaide or any other regional area, remote area, capital city in the country.
So we need to be very clear that already medical support is provided, if somebody can’t get the level of care that they need on Nauru, they’re bought to Australia and we’ve done that in many cases. This is really a complete unravelling of offshore protection, which has been one of the main pillars of Operation Sovereign Borders and I really fear that Mr Shorten’s decision will result in boats restarting, kids going back into detention and it’s unconscionable. But that’s what he’s put in place and it’s clearly what Mr Albanese and others don’t properly understand.
Updated
Back in February last year, Alice Workman from Buzzfeed reported a journalist telling her they received a tip off about the AWU raids from Michael Keenan’s office.
Here is the response then:
A spokesperson for Keenan told BuzzFeed News: “Neither the minister or anyone in his office informed media outlets prior to the execution of search warrants”.
More from Luke at the AWU court hearing:
A media adviser for the then justice minister, Michael Keenan, worked together with David De Garis to leak news of impending police raids on the AWU in October 2017, a court has heard.
De Garis, former media adviser to then employment minister Michaelia Cash, told the federal court on Wednesday he told Keenan staffer Michael Tetlow that the raids were set to occur late that afternoon.
Under questioning from the AWU’s barrister, Herman Borenstein QC, De Garis said he told Tetlow that “I understood that the raids were going to occur”.
“We organised to disseminate this information to the media together,” he said. “Among ourselves.”
De Garis said he called print journalists from the Australian, the Daily Telegraph and Fairfax while Tetlow called TV media.
Asked why he told Tetlow, he said because the raids were being conducted by federal police, which sat within the justice minister’s portfolio.
“He seemed the appropriate person to speak to,” he said.
De Garis said on Tuesday that he had learned of the raids from Cash’s former chief of staff Ben Davies.
Davies and Cash are scheduled to give evidence this week.
Updated
Andrew Hastie, the chair of the joint parliamentary intelligence and security committee has released this report on the bill to give police more powers at airports:
The bill introduces new powers for police constables and protective services officers working at major airports throughout Australia. Powers include the ability to issue directions in order to safeguard aviation security.
Under the proposed laws, an individual could be ordered to leave an airport, or to not take a specified flight, for a period of up to 24 hours.
The chair of the committee, Mr Andrew Hastie MP, said:
‘During its review of the bill, the committee examined whether the new powers were proportional to the threat posed to aviation security. It also considered whether oversight and accountability mechanisms were sufficient and appropriate.
The committee made nine recommendations in relation to the bill. These recommendations include an improvement to transparency and accountability requirements, allow for expedited judicial review of move-on directions, and ensure the new laws do not interfere with the right to peaceful assembly and protest.’”
Updated
Catherine King is at the National Press Club today.
She’ll be delivering Labor’s health plan.
Gabrielle Chan wrote about that this morning:
A Labor government would set up a permanent policy-making body called the Australian Health Reform Commission to address challenges such as chronic disease, cost barriers, long hospital waiting times and workforce shortages.
The shadow health minister, Catherine King, will announce the promise on Wednesday to implement an independent body similar to the Productivity Commission, with commissioners appointed for five years.
King says if Labor is elected, the commission’s priorities would be directed through the Council of Australian Governments (Coag). However, she flagged reform of primary care to deal with an aging population, rising chronic disease burden and improving access to public hospital specialists as early priorities.
Updated
This is the message @ScottMorrisonMP refuses to send to #peoplesmugglers #auspol #MediVac pic.twitter.com/VgtCO8tYjO
— Fr Rod Bower (@FrBower) February 13, 2019
And so is this court case
David De Garis has told the federal court he "organised" with then Michael Keenan staffer Michael Tetlow to leak news of impending police raids on the AWU in October 2017. #auspol @GuardianAus @AmyRemeikis
— Luke Henriques-Gomes (@lukehgomes) February 13, 2019
The protest is still under way
Indigenous protest in the foyer of Parliament House for water, climate and country @GuardianAus @AmyRemeikis @murpharoo #politicslive pic.twitter.com/45JNRFyFaL
— Mikearoo (@mpbowers) February 13, 2019
Updated
Richard Di Natale also held a doorstop this morning:
“When you’ve got nothing, when you’ve got no plan for the country, all you’ve got is fear and division, that’s what this desperate move from a desperate prime minister is about. Opening up Christmas Island is a political tactic to continue to sow the seeds of fear and division within the community,” he said.
“The prime minister wants to run around the country, thump his chest, sound tough on innocent people seeking asylum because he’s got nothing else. He’s got no climate policy, he’s got no energy policy, no plan to improve people’s standard of living, address wage stagnation, tackle the housing crisis. He’s got nothing.
“We would welcome the opportunity to fight an election against Scott Morrison because he’s got nothing. He’s empty, he’s hollow, all he’s got is fear and division. And a leader does not divide the country in the way that Scott Morrison is trying to do. This is an insight into a prime minister who is an empty vessel, a hollow human being. A man who professes his Christian credentials and then says to innocent people ‘you won’t get the care that you need’. There’s nothing Christian about that.
“Bring on an election. Bring it on now. Let’s end this chaos, the circus that has been this Parliament.”
Updated
Bill Shorten spoke at the unveiling of Linda Burney’s portrait, and told this story:
Linda spent the first 10 years of her life here in Australia living as a non-citizen.
As a little girl at school, she was taught – in her words – that she was descended from people who were ‘as close to Stone Age as possible’.
She wasn’t counted in the Commonwealth census until the age of 14.
But imagine from today, from that background, her portrait will hang on the wall of the Commonwealth Parliament for as long as we have a Commonwealth Parliament.
But what is noteworthy I suggest to you is the journey between those two points and it is Linda’s story to tell. It’s a story of personal resilience, extraordinary resolve, a fighting spirit worthy of the character of the great Wiradjuri people.
But when I look at the portrait, I will see simply a story of hope. It is the hope that I’ve also witnessed in the eyes of First Nations children, when Linda explains to them she’s a shadow minister, a politician, a parliamentarian.
The hope this portrait will offer to all of the schoolchildren who visit our nation’s capital and our nation’s parliament, who will pass through the space her portrait occupies.
I also think the story behind this portrait carries a lesson for all Australia.
It speaks a broader truth of the self-defeating folly of discrimination.
The fact it has taken 119 years to unveil a portrait of an Aboriginal woman as a member of parliament is embarrassing.
But the portrait will remind us that we are all - whoever we are and whatever our circumstances - that we are all collectively diminished by racism and prejudice.”
Updated
Mike Bowers has been very busy this morning:
Updated
Centre Alliance have introduced a bill into the Senate, which would, if successful, see ministers undergo a security check. From Rex Patrick’s release:
“It is a curious fact that federal ministers have long been exempted from any form of security checking,” Rex said. “This anomaly should be corrected to strengthen confidence in the integrity of the highest levels of government.”
“Ministers of state occupy positions of the highest trust within the Australian government. Cabinet ministers are privy to the most sensitive decisions and information, including the highest levels of national security classified information. Other ministers and assistant ministers also have routine access to highly sensitive information including national security information.”
“Tens of thousands of Australian public servants, Defence Force personnel and government contractors are required to undergo comprehensive and highly intrusive security checking. Security clearance requirements apply to all staff of ministers, but not to ministers themselves.”
“The current Australian Protective Security Policy Framework advances no reasons to support this exemption. This policy has been in place for many decades but has never been explained or justified. Ministers are simply taken on trust.”
Updated
Michaelia Cash’s former media adviser, David De Garis, has told a court it was likely the potential damage to Bill Shorten “would have been at least part of my thinking” when he leaked news of impending police raids on the AWU’s offices.
Justice Mordecai Bromberg ruled this morning that lawyers for the union could cross-examine De Garis about his motivation for leaking the information.
The AWU’s barrister, Herman Borenstein QC, suggested to De Garis that damaging Bill Shorten’s reputation would have been a consideration given his role as a political staffer.
De Garis replied: “Perhaps. It would have been at least part of my thinking, I’m sure.”
The AWU is trying to have an investigation by the Registered Organisations Commission ruled unlawful, arguing that the leaking of the raids on 24 October 2017 shows the entire investigation was politically motivated.
The commission is investigating donations made to GetUp! while Shorten was the union’s leader.
The hearing is continuing.
Updated
It doesn’t sound as though things are going too smoothly for the plaintiff in the high court case at the moment.
Helen Davidson is covering it for us and will have an update soon.
Updated
Today we’ve placed advertisements in national & major metropolitan newspapers outlining recent changes to federal funding and disclosure laws. The new rules affect political parties, their associated entities and other non-party political actors https://t.co/0LvpzgthYe. #auspol
— AEC (@AusElectoralCom) February 13, 2019
It’s my job now to ensure the boats don't come back. I will to do everything within the Government’s power to ensure that what the Labor Party has done to weaken our borders does not result in boats coming to Australia.
— Scott Morrison (@ScottMorrisonMP) February 13, 2019
A large group – about 100 – of Aboriginal and Torres Strait Islanders are protesting in the foyer of Parliament House.
“Always was, always will be, Aboriginal land.”
— Dan Conifer (@DanConifer) February 13, 2019
Protest in the marble foyer at Parliament House.#auspol pic.twitter.com/zkpOnEL3sV
Seed Indigenous Youth Climate Network put out this statement about the protest:
“People have travelled to Canberra from all across the continent to speak out about the destruction of country and water from extractive fossil fuel industries that are fuelling the climate crisis,” Amelia Telford of the Seed Indigenous Youth Climate Network said.
“Aboriginal and Torres Strait Islander people are hit first and worst by climate change. We are hurting in the face of water shortages, extreme heat, environmental pollution and the destruction of country and culture.
“We’re fed up with governments and big business destroying country, threatening precious water and putting the future of our children and younger generations on the line.”
Updated
Linda Burney, as the first Aboriginal woman elected to the House, now has a portrait:
History has just been made at @Aust_Parliament with the unveiling of a portrait of the first Indigenous woman to become a Member of the House of Representatives, the Hon Linda Burney MP.
— Australian Parliament House (@Aust_Parliament) February 13, 2019
The portrait is by Jude Rae.@LindaBurneyMP #auspol pic.twitter.com/rEMEKjYLul
Penny Wong will hold a press conference at 11.45.
Updated
Bob Katter says he has told Scott Morrison that he would find it “very difficult” to allow the parliament to rise without doing something about the banks.
He tells Sky News that Morrison asked him “what would you want out of it”.
He says he wants “substantive action” or he would find it difficult not to vote for parliament to come back.
Reconstruction loans are on the top of his agenda. And, by the sound of it, he wants the government to form its own bank – loaning money at the same rate it receives it for.
But, because it is Katter, he says he will need promises from Labor to consider bringing parliament back.
So, if neither promise him anything, he’ll … do nothing?
Updated
Strap in. All the gloves are off.
The way @ScottMorrisonMP has behaved over the past 24 hours or so is beyond belief. He is happy to endorse lies, he has encouraged people smugglers to re-start their evil trade, and bullied journalists when they try to pull him up on it. Not fit to be PM of this country. #auspol
— Mark Dreyfus (@markdreyfusQCMP) February 13, 2019
Medical evacuation bill passes the Senate
Ayes: 36
Noes: 34
Labor, the Greens, Tim Storer, Derryn Hinch and Centre Alliance all vote yes.
There is short burst of applause.
Updated
The Senate is voting on the medical evacuation bill.
It WILL pass, with Derryn Hinch’s support.
Derryn Hinch on why he is voting yes:
I have been briefed by both sides of this parliament. I had a half-hour briefing with security forces this morning.
I do have some doubts about some aspects of it. I’m glad that the 24 hours is pushed back, that the Labor party amendments pushed that back and now goes to virtually 72 hours, add things on to it, it can get to one week.
What really swayed me was the amendment that I’m surprised the Greens agreed to, that is the one that will apply only to people who are currently on Nauru or on Manus that.
It is not an encouragement, I believe to people smugglers who are despicable and should be despised, because it will only apply to people who are there. And people are transferred off Manus and brought back to Australia, according to the home affairs department – they assured me today they will remain in detention in some manner or form.
So they will not be coming here and wandering around the streets of Australia. They’ll be coming here for medical attention.
I will acknowledge that the government has spent a lot of more money on medical facilities on Nauru and also at Manus but there are conditions which cannot be taken care of there.
The doctors who have worked there say there’s some medical conditions, medical situations, where they just cannot possibly be done there and they should be brought here.
So I’m – I am still perplexed by some aspects of it, and I was quite happy to be accused of flip flopping if it had gone the other way, because what we voted for in December, according to the solicitor general, might not even be constitutional.
That was another aspect that came up yesterday. So it has been a very tortured 24 hours.
There’s been a lot of pressure from a lot of people on all sides of the chamber but that’s part of this job and now I can proudly say that, yes, I don’t need the full five minutes, I can give it to some other people to you can, ta. I think it’s the right decision.
It’s a humanitarian decision because in the Justice party world we tried to look after young people, old people, sick people. Well, all those three categories still apply in these amendments and, therefore, I will be supporting them.
Updated
On the reopening of Christmas Island, that comes from this part of the declassified security advice:
On transfer to Australia, the individuals would be detained under the Migration Act 1958 (Migration Act) and placed in held detention or in community detention by way of a residence determination.
Placing up to 1000 people in held detention will put pressure on the detention network and with risk assessments, some, but not all, may be suitable for community detention.
Those not suitable for community detention would be placed in held detention, likely necessitating the stand-up of the Christmas Island facility and removing our hot contingency fall back for Operation Sovereign Borders.
Updated
Penny Wong’s office has released the transcript of her speech from this morning.
Here is where she got angry:
We will never let the people smugglers back in business. We have been clear that we support offshore processing, turnbacks when safe to do so and regional resettlement – and we are responsible.
You don’t see us leaking classified information for political purposes – a completely shameful act by those opposite, by those who represent those opposite. We act on the advice from agencies, as demonstrated in the constructive negotiations and the amendments which were put and agreed against the votes of the government in the lower house.
Those amendments enhance the security arrangements, extend the time frame of the government to refuse transfers and ensure that this legislation is ring-fenced. They only apply to a fixed number of people who are already in regional processing.
The bill requires the government to listen to the advice of doctors. It is not prospective and, of course, this legislation will continue the practice where people who are transferred for medical will continue to be held in detention as a default, and only the minister can approve their release.
There are lies being told about this bill by those opposite, and they are doing it because they are desperate. They are desperate. They are led by a desperate prime minister, who is leading a bitterly divided government. He is clearly only concerned about one thing: clinging on to his job. That is the only thing this has always been about. The shenanigans we saw at the end of last year: filibuster, filibuster and then sending the House of Representatives home before you could deal with a national security bill. There was brinkmanship with national security.
The telecommunications legislation was a national security bill, and you packed up shop in the lower house and played brinkmanship with national security!
And you have the gall to come into here and talk about being responsible? You know the party that was responsible on that day? It was the Labor party. And we will continue to be responsible while you play politics with national security. Well, we don’t. We don’t. Rather than running these lies, why don’t you just call an election?
Updated
Can we just take a moment to look back at that press conference, at this moment between David Speers from Sky and Scott Morrison:
Speers:
Prime minister, just on medevac, are you willing to say to would-be asylum seekers this will not apply to you if you come now?
Morrison:
If we’re re-elected it won’t apply to anybody because I will reverse it.
Speers asks the question again.
Morrison:
I can only say what the law says. It’s not my law. I think it’s a foolish law. It’s a foolish law and it’s not one that I support.
Speers:
For the sake of deterring arrivals do you say it does not apply to new arrivals?
Morrison:
I’ll be engaging in direct messaging as part of Operation Sovereign Borders with people smugglers and with those who might be thinking on getting on boats.
Not the first time I have done that – to send very clear messaging that my government is in control of the borders.
As long as my government is here you can expect strong border protection and resolved to be in place.
Under a Labor government you can expect them to see fold like a pack of cards, like Bill Shorten did yesterday.
He would not say it. The prime minister, who has spent the past 24 hours telling us our borders will now be over run because of this medical evacuation bill, would not say that it only applies to the cohort already on Manus and Nauru, which is a key part of the bill.
He would not say the words, despite telling us that people smugglers and those they market to, are watching this very closely.
He. Would. Not. Say. It.
Let that sink in.
Updated
That is a outright lie. The new law is strictly confined to those now on Manus Island and Nauru. https://t.co/VSUt2ysCDG
— Mark Dreyfus (@markdreyfusQCMP) February 12, 2019
Scott Morrison, pulled up on his comment that:
So if they don’t come, it will be because of the work and the decisions we are now taking and the actions we are putting in place. If they do come, you can thank the Labor party and Bill Shorten because he is the one who has led this process.
is asked by Sarah Martin from the West Australian: “Are you in control of the borders or not?”
Morrison:
Of course I am – what I’m saying is that the Labor party has weakened our border protection. That is true. But what remains is the resolve and strength and conviction of my government, myself as prime minister, Peter Dutton as home affairs minister, and that still remains a big hurdle for them to get over.
I can tell you the bar they have to clear if Bill Shorten is prime minister is lower than a snake’s belly.
Updated
Let’s remember that Derryn Hinch made this decision after receiving a security briefing this morning.
He heard the same thing the government did.
Derryn Hinch:
It has been a very tortured 24 hours, it has been a lot of pressure, from a lot of people that is part of this job, but now I can proudly say, yes, I think it is the right decision, I think it is a humanitarian decision.
Updated
Derryn Hinch to support bill
The Victorian senator said he believes, after his security briefing today, that the bill is sound.
Scott Morrison will not say, in this press conference, that the bill only applies to the current cohort – which is what the bill says – to deter people smugglers.
Question: Are you willing to say to would-be asylum seekers this will not apply to you if you come now?
Morrison:
If we’re re-elected it won’t apply to anybody because I will reverse it … I can only say what the law says. It’s not my law. I think it’s a foolish law. It’s a foolish law and it’s not one that I support.
Question:
For the sake of deterring arrivals do you say it does not apply to new arrivals?
Morrison:
I’ll be engaging in direct messaging as part of Operation Sovereign Borders with people smugglers and with those who might be thinking on getting on boats. Not the first time I have done that – to send very clear messaging that my government is in control of the borders.
As long as my government is here you can expect strong border protection and resolved to be in place.
Under a Labor government you can expect them to see fold like a pack of cards like Bill Shorten did yesterday.
Question:
Aren’t you weakening that message, though?
Morrison:
No.
Question:
By not spelling out in some detail ...
Morrison:
I said I’m going to be engaged in very clear and direct messaging to anyone who thinks they should get on a boat, I’m here. And I will stop you.
Updated
And if Scott Morrison loses the fight against putting in extra sitting days, will he call an election?
I’m not engaging on those sort of issues. We will continue to work our issues through the parliament and we’ll deal with them as they present.
We will continue to take strong action when it comes to the royal commission. There are matters before the parliament even now that we’re working through.
We’re putting in place the arrangements which doesn’t require legislation to activate cases and go back 10 years to be considered by Afac and many other recommendations.
We’re taking objection on the royal commission. We will continue to do that and we’ll do it in a calm, responsible way.
We won’t – see, I’m glad you raised this because we’re getting an insight into Bill Shorten.
He has taken a reckless approach to border management. I mean, last year he had his senators vote for this bill in the form which he told us yesterday was dangerous and required amendment yet he was prepared to have his own members of the House vote for it last December – a wreck lest act on our borders which he only doubled down yesterday and now he says we should recklessly prepare legislation in response to 40 recommendations without having the opportunity to consider unintended consequences and ensure the consultant case is done and this legislation is done correctly as the Law Council has advised.
Bill Shorten has a very reckless opportunistic approach to these serious matters. I’m not going to take that approach.
We will continue to govern in a calm and responsible way and that’s exactly what we’re doing today.
Everybody else can flap their arms about. My arms are firmly by my side and I’m very focused on the job I have got ahead of me.
Updated
Why won’t he go to an election?
We’ll go to the election in May. I’m not going to be intimidated by the Labor Party from handing down a surplus budget in April.
I’m not going to be intimidated by the Parliament from distracting my attention from the things that need to be attended to, which I got to tell you right now in addition to cleaning up the mess on our borders that Labor Party created yesterday, my focus is also very firmly focussed on what is unfolding in North Queensland and for our cattle industry and those devastated communities.
Now, I haven’t heard much, I haven’t heard much, on that front but I can tell you there’s a lot of that being addressed in my office just in here and in our cabinet room and my meetings with ministers.
I’m very focussed on that issue at the moment as I am on this issue. And will continue to be. I’m not going to debt distracted by all the frankly - I know you don’t like the phrase - but the bubble nonsense of people going on about all sorts of precedents all the rest of it.
Frankly, not interested. I got too many other important things to focus on.”
Katharine Murphy had this exchange with Scott Morrison:
Murphy: Your government MPs, people like Tony Abbott, are saying that as a consequence of the bill that passed the House yesterday, it’s now get on a boat, get to Nauru, get sick and get to Australia when the law that passed the House ...
Morrison: That is entirely possible. That is entirely possible.
Murphy: If I can finish? That – get to Australia. The law that passed the House yesterday, I don’t know what will pass the Senate because it hasn’t happened yet, but the law that passed the House yesterday clearly ring fences to the current cohorts. So what Mr Abbott is saying is not true.
Morrison: No, I’m sorry, Katharine, you failed to understand that people smugglers don’t deal with the nuance of the Canberra bubble. They deal with the psychology of messagings of whether things are stronger or whether things are weaker. It might be all fine and nice to talk about these nuances here in this courtyard but when you’re in a village in Indonesia and someone is selling you a product, there’s no – there’s no protections or truth in advertising laws for people smugglers. They just sell the message and what Tony Abbott has said is exactly what the people smugglers will be saying.
Murphy: Prime minister ...
Morrison: No, I’m going over here.
Murphy: It is not a nuance, it is a fact.
Morrison: It is a nuance which the people smugglers will ignore and what is true today, Katharine, what is true today is as a result of what happened in the parliament yesterday and what is happening in the Senate now is our border protection laws are weaker than they were days ago. That’s a fact.
Updated
Scott Morrison:
Now, I want to make a couple of other points because there is a lot of misinformation and, frankly, lies, that are being put around.
There are more than 60 medical professionals on Nauru, for 420 people. If that says there is no medical facilities available on Nauru, then that is ridiculous. Tell me another part of this country that has one medical professional for every seven people.
There is, in fact, one medical – I should say mental health professional for every 14 people on Nauru.
On top of that, there is no one in detention on Nauru, not one person. And, as you already know, apart from the four who will be transferred to the United States, there are no children on Nauru.
So the Labor party cannot absolve themselves by telling themselves lies as motivation for what they did in the parliament yesterday and what they are doing now. They have done what they have done.
Bill Shorten has done what he has done out of manifest weakness, an inability to stand up to the left wing of his own party, the Greens and others who have plied pressure to him, he has nod strength on this issue and he cannot be trusted to follow through on any of the border protection measures that our government has put in place.
So we are taking the decisions and the action to clean up the mess that the Labor party has once again created and we will be undertaking all our efforts to do just that.
Updated
Scott Morrison says he has authorised the reopening of the Christmas Island detention centre.
We have approved putting in place the reopening of the Christmas Island detention facilities, both to deal with the prospect of arrivals as well as dealing with the prospect of transfers.
The full cost of those was set out in the declassified briefing which you’ve already seen and the final costings of those will be dealt with by the re-ramping of facilities.
That will be dealt with by home affairs. In relation to the implementation of the laws passing through the Senate, I’ve asked the Department of Home Affairs for an implementation report.
I will await that report and then take further decisions on that once I have that information available to me.
My job now is to ensure that the boats don’t come. My job now is to everything within my power and in the power of the government to ensure that what the parliament has done to weaken our borders does not result in boats coming to Australia.
It is still the case that our government is running border protection in this country and that, of itself, is a great deterrent, because they know our resolve. The people smugglers know my resolve. They know Peter Dutton’s resolve. They know we will do everything in our power to stop them at every point.
And we remain standing here to ensure that they don’t come.
So if they don’t come, it will be because of the work and the decisions we are now taking and the actions we are putting in place. If they do come, you can thank the Labor party and Bill Shorten because he is the one who has led this process.
He has led this process to weaken and compromise our borders.
Updated
Scott Morrison 'strengthens' Operation Sovereign Borders
The prime minister says he called a meeting with security agencies this morning and is now adopting a “contingency plan” after their advice, to strengthen Operation Sovereign Borders.
I understand the Senate will be passing the bill that went through the House yesterday. Earlier today I convened a meeting of the national security committee to take the decisions that were necessary following on from the contingency planning that had been put in place over the last couple of weeks.
That contingency planning and the decisions I’ve taken this morning together with the other NSC ministers is there is a range of strengthenings that have been put in place in terms of Operation Sovereign Borders and their operations.
I want to stress that all of the actions and decisions that we are taking are implementing the recommendations of these agencies and the officials as presented to us this morning.
We are adopting all of the recommendations they have put, based on their advice in response to the decisions that have been taken in the Australian parliament.
We’re implementing them all 100%. Everything they are asking for, they are getting and that has involved a strengthening of the capacity of Operation Sovereign Borders across a whole range of fronts.
I am not at liberty to go into the detail of what they are for obvious reasons. This parliament has already tipped its hand enough to the people smugglers. I won’t be doing that in compromising our operations and how we now address the consequences of what this parliament is doing to our borders.
Updated
The whole motion, as moved by Jacinta Collins:
Senator Collins (Labor) moving to limit debate on medivac bill to 30mins #auspol @AmyRemeikis pic.twitter.com/Y33gM5Iliv
— Paul Karp (@Paul_Karp) February 12, 2019
Labor is attempting to limit debate speeches to five minutes and the debate to 30 minutes.
That comes after last year’s filibustering saw the debate stretch into hours and hours.
Another procedural motion.
It’s being dragged out.
Ayes: 33
Noes: 31
Won by the same cohort.
Jacinta Collins is now moving the motion that the bill report the message from the House – that the bill be dealt with immediately, ahead of all other Senate messages.
That motion is also won by Labor and the crossbench members in support of the bill (Tim Storer, Centre Alliance and the Greens. Derryn Hinch has voted yes on the procedural motions, but we’ll wait to see if he votes yes on the actual bill).
Ayes: 33
Noes: 31
Scott Morrison is about to start his press conference.
Updated
The chamber is dividing again, to see if that motion is agreed to.
That brings on the bill.
Labor is moving that the bill be agreed to without amendment or debate.
No word on which way Derryn Hinch will vote as yet.
The vote is won by Labor and the crossbench.
Ayes: 32
Noes: 31
Updated
The doors are locked.
It looks as though Derryn Hinch is sitting with Labor – on the motion to bring the bill on.
Updated
No sign of Derryn Hinch in the chamber as yet, with 1.30 on the bells.
Scott Ryan is calling for a vote on the suspension motion.
If this is won, the Senate will deal with the bill immediately.
Cory Bernardi says if a refugee or asylum seeker on Nauru or Manus Island hasn’t claimed to have a mental illness, then “that means you are mentally ill because you haven’t gamed the system enough”.
That is where this debate is going. FFS.
Updated
Cory Bernardi also mentions the bill allowing “paedophiles” into the country, as well as rapists, including those who haven’t been convicted.
That’s been a strong theme today.
It couldn’t be that Derryn Hinch, as the swing vote, has made a career on fighting sex crimes, particularly paedophilia, could it?
Updated
Meanwhile, Labor has announced this:
Labor will introduce amendments in the Senate today to overhaul a government bill – the Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018:
- Increasing jail time for the most serious corporate crimes from 10 to 15 years’ imprisonment
- More than double the proposed cap on financial penalties to $525m
This would mean that for the conduct revealed in the royal commission report – including fees for no service – bankers would face an extra five years in jail.
Updated
“There are lies being told on this bill by those opposite, and they are doing it because they are desperate,” Penny Wong says.
Wong is angry. Proper angry.
She mentions how the government sent the House home before the encryption bill was passed last year, so it wouldn’t have to deal with the bill, accusing the government of “playing politics” with national security.
Penny Wong calls the government’s changing position on the importance of the bill as “a pattern of deceit” from a government with nothing left but “smear and fear”.
Updated
Mitch Fifield is arguing that border security is the responsibility of the elected government of the day.
But again, the government does not consider this bill to be a matter of “vital importance” – the loss of which can act as a trigger for an election.
So it is both critically important, and not, depending on which argument is being made at the time.
Updated
Scott Morrison has announced a press conference for 10.15 in the prime minister’s courtyard – where the serious-serious press conferences are held.
Richard Di Natale is supporting the motion. He is lashing out at the government for its “fear campaign”.
“I fear that this bill is still not certain to pass. We’ll find that out in the next couple of moments.”
Di Natale says the bill is about “restoring some fundamental decency” to Australia’s offshore detention policies.
Updated
Again, putting aside that you can not be judged to be a refugee and have a serious criminal record, and that most on Manus and Nauru have been found to be refugees, anyone taken to Australia under this legislation will remain in detention.
They will not be released into the community, unless the minister says so.
The government, unsurprisingly, will not be supporting the motion.
Mathias Cormann:
What this motion by the Labor party shows to the Australian people, is just how cocky, how reckless, how irresponsible and how weak Bill Shorten is as leader of the Labour party.
Bill Shorten is demonstrating to all Australians that he does not have the strength of character or the good judgment required to be prime mnister of Australia.
In pursuit of a short-term tactical political advantage, he has decided to compromise our national security and to compromise our border protection arrangements.
What Labor is doing here today is trying to ram through this Senate legislation which will weaken our border protection arrangements.
So let’s just remind ourselves what the Labor party tried to do in the Senate very incompetently, I might add, back in December.
Back in December, the Labor party tried to ram through the Senate legislation, which Bill Shorten yesterday had to admit would have denied the opportunity for the government to turn away criminals from Australia, would have pulled apart at the heart of our border protection arrangements, which is the product people smugglers want to sell.
Why did Bill Shorten move amendments yesterday? Because he realised that having failed to ask for security advice from our national security agencies, with that failed gag motion in the Senate in December last year, he tried ... he convinced his Labor senators in this chamber to support legislation which he had to admit in the end would have put our border security arrangements at serious, serious risk. And let me just say that the ALP amendments which were passed by Labor, the Greens, the crossbench and in the Reps yesterday still leaves Australia exposed.
Here are some of the people which would be forced to bring to Australia on the say-so of doctors – people charged with bad conduct but not convicted with offences under foreign law, or convicted but sentenced to less than 12 months in prison.
Plenty of countries hand down pretty lenient sentences for things like beating your wife or paedophilia, if they hand down a sentence at all.
It is hard to convict people of things like rape in some countries because women’s testimony is worth much less than that of men. A person charged, but not sentenced for say murder or paedophilia on Nauru will not be caught by the exemption.
Australian security agencies might be well aware of a person engaging in paedophilia on Nauru but the person need not have been charged or sentenced. The upshot is that as a result of Bill Shorten’s bill – and it will be on his head – as a result of Bill Shorten’s bill, rapists, murderers, and paedophiles will still get a free pass into this country.
Bill Shorten should be ashamed of himself. He should be ashamed of himself. People involved in criminal organisations – a person may be a member of a criminal drug-dealing gang for example, people reasonably suspected of people smuggling. All people that would ... forced into Australia courtesy of the legislation that Labor is seeking to ram through this Senate.
People whose general past conduct shows they’re not of good character. For example, people who consort with criminals, people whose bad conduct is not criminalised in the relevant home jurisdiction. People who have been convicted of a lot of low-level offences. People who have been fighting guards on Nauru or Manus. People who have touched up nurses.
People who have threatened violence. People who have bragged about going into crime and drug-dealing when they get to Australia. These are the people that the Labor party together with the Greens wants to bring into Australia. People who centre incited racial discord on Nauru or Manus.
People who pose a risk of doing the following in Australia – engaging in criminal conduct in Australia or harass, molest or intimidate or stalk another person in Australia, or vilify a segment of the Australian community, or incite discord in the Australian community or a segment of that community or represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to that community or segment or in any other way.
So the Australian people can now see the cockiness of Bill Shorten. They can see his arrogance, as well as his recklessness, his absolute weakness in standing up for our national interests.
Bill Shorten has not learned from the failures of the Rudd Labor government. Kevin Rudd thought that he could be tough and soft at the same time and of course the disastrous results were there for all to see – 1,200 deaths at sea.
Labor is at it again. This time they don’t even want to wait for an election.
Updated
Jacinta Collins on why the Senate should deal with this bill now:
We’ve moved this motion this morning because the opposition believes that, given the events in the House of Representatives yesterday, the issue should be given precedence over all other business until it is resolved. And the volatility in this place just highlights that further.
The House of Representatives yesterday made amendments to the home affairs legislation amendment, miscellaneous measures bill 2018 that was considered in the Senate on the final sitting day of 2018.
These amendments mean that the government must now listen to advice of doctors about whether sick refugees and asylum seekers on Nauru and Manus Island should be evacuated to Australia for medical care.
Labor worked with the crossbench members of the other place to secure important amendments to strengthen this bill. Labor has been doing the same thing in the Senate, and has been working closely with senators across the crossbench to make sure these amendments are supported in both houses of parliament.
The passing of these amendments in the house yesterday afternoon marked the first time a government has lost a vote on the floor of the House of Representatives in 90 years.
This is a significant event and one that surely means the issue deserves priority consideration this morning in the Senate.
The hysterical response, the hysterical response from the Liberal government to the events of the House of Representatives, just shows how desperate they are. We have a dangerous and volatile prime minister.
The attempts of the government today to prevent this issue from being dealt with as a matter of priority show they are scared, just scared of losing another vote. They are a government that is divided.
They are a government in chaos. They are a government, put simply, out of control. The government cannot be surprised that this matter would be top of our priority list in the Senate today.
Updated
Labor is moving to suspend standing orders in the Senate.
We are right into it.
The bells are ringing, meaning parliament is about to begin.
Yay.
Meanwhile, here is where the vote rests.
Senator Derryn Hinch has just emerged from his security briefing in the Cabinet Room #auspol @SBSNews pic.twitter.com/NxmMtn02DL
— Brett Mason (@BrettMasonNews) February 12, 2019
Updated
Welcome to your next few months.
.@CraigKellyMP on offshore detention: We’ve got millions of people in refugee camps around the world. We simply can’t resettle them all. We have a very generous refugee and resettlement scheme.
— Sky News Australia (@SkyNewsAust) February 12, 2019
MORE: https://t.co/qYIYdhkaPp #amagenda pic.twitter.com/VtD6kclszP
.@AlboMP: The thing that’s changed is the government’s rhetoric. Our legislation has no impact on any new arrivals whatsoever. The government knows that.
— Sky News Australia (@SkyNewsAust) February 12, 2019
MORE: https://t.co/qYIYdhkaPp #amagenda pic.twitter.com/AL9Wn3Gx90
Peter Dutton also accused Bill Shorten of going against the advice of security agencies.
I had an early-morning briefing this morning from the senior leadership group within the Australian Border Force in relation to our planning around what we think may be the outcome of the decision taken by Bill Shorten yesterday.
The question for Mr Shorten today is: whether or not his action, is accordance with the advice that he received from the intelligence agencies only a few days ago?
Is the advice that he received from the agencies consistent with the position that he took in parliament?
Or has he acted against the advice of people, including the director general of Asio, the Australian federal police commissioner, the head of the Department of Home Affairs, the chief of the defence force and others?
So Mr Shorten needs to explain where he has gone wrong, because I don’t believe that he’s acted in accordance with that advice. And when you act against the advice of the experts, including the chief of the defence force, the head of Asio and the head of the federal police, I promise you, there’s a price to pay.
Now, Mr Shorten has made a decision for political reasons that is going to see people come to our country who have serious allegations against them in relation to potential criminal activities.
Let’s be very frank about this: this is a very problematic position that Bill Shorten has put our country in and he needs to explain why he has taken a decision that is inconsistent with the advice from our intelligence, our law enforcement and our operations sovereign borders agencies.
Now let’s be clear – in the briefing, which the government declassified, the advice included this:
Although people smugglers may claim there has been a shift in Australian policy and entry to Australia is now possible with just the opinion of two doctors, the resumption of large-scale people smuggling to Australia will remain dependent on a shift in potential illegal immigrant (PII) intent – not smuggler marketing.
PIIs will probably be interested in any perceived or actual pathway where resettlement in a western country is guaranteed, even if such a pathway includes a period spent in detention. However, PIIs will probably remain sceptical of smuggler marketing and await proof that such a pathway is viable, or that an actual change of policy has occurred, before committing to ventures.
The boat turnback policy remains in place. As for those with “serious allegations against them in relation to potential criminal activities”, the government has refused to give numbers, or examples on that. You can not be found to be a refugee with a serious criminal history and most of the people on Manus and Nauru have been judged, by both the UNHCR and Australian authorities, to be refugees. That is not an easy process.
The government has also been medically evacuating people off Nauru and Manus – but it has just been done through the courts. This has not resulted in an influx of arrivals.
The boats didn’t stop coming. They have just been turned back. That is a documented fact. The medical evacuation bill maintains ministerial discretion for those rare cases that involve criminality. The medical review panel will be appointed by the government and will include Border Force officers. The bill only applies to the current cohort on Manus and Nauru. The advice makes it clear that while the people smugglers may claim there has been a shift in Australia’s policy, those they are marketing to will “probably remain sceptical ... and await proof” that a pathway to settlement in a western country is actually viable.
The government established an agreement with the US to settle some of the families on Nauru there and that did not result in an influx of boats – and that was an actual policy that settled refugees in a western country.
The asylum seekers and refugees sick enough to be transferred to Australia for treatment will remain in detention. They will be sent back once treated.
None of the government’s arguments make sense.
Updated
And just in case you missed the exchanges between Scott Morrison and Bill Shorten yesterday our video team has rounded them up ...
Bill Shorten responded to some of those attacks this morning:
Last night was not about an election. Last night was about the simple proposition that Australia is strong enough to treat people humanely.
And I think there ought to be an election as soon as possible.
This is an incompetent divided government.
They’re running a protection racket for the banks. It is disgraceful we now have a part-time parliament in Australia.
Imagine any of you, and millions of our fellow Australians, ringing up the boss and saying, ‘I only want to come to work 10 days in the next eight months’ – you’d get the sack …
They should have an election. My determination is to get on to the issues that are affecting everyday Australians. This government doesn’t want to talk about the fact that everything is going up except their wages.
This government’s got no plan to deal with the falling housing approvals released on Monday. This government has no plan to deal with the fact the millions of Australians are dipping into household savings just to make ends meet.
They clearly failed the test of energy prices and they have no plan on climate change.
This is a government whose run out of governing. Or put another way – a government who doesn’t want to be in parliament isn’t really in government.
Updated
If anyone didn’t believe the government thinks it has found its election campaign issue, you might change your mind after reading this from Peter Dutton this morning:
I think we found ourselves in a situation where the Australian public has seen Mr Shorten in the full limelight. People suspected that there was a question mark over the judgment of Mr Shorten. In the parliament yesterday, they had their suspicions confirmed.
He’s a weak leader. He’s had advice from the heads of the most significant intelligence agencies in our country and he’s gone against that advice.
He’s acted against the advice of the agencies in relation to border protection policy. It’s reckless and he’s demonstrated to the Australian public he doesn’t deserve to be the prime minister of this country.
Updated
Meanwhile all of this is going on in the shadow of the high court, which is being asked to hear a case involving a key part of Australia’s border security policy.
As Helen Davidson (who received a shoutout in the parliament yesterday for her ongoing reporting of Hakeem al-Araibi’s plight) reports:
A proposed high court challenge to a key immigration case could retrospectively affect every instance of onshore detention in the past 15 years if successful, the federal government has said.
On Wednesday the high court will hear a request to challenge Al Kateb v Godwin, a controversial 2004 ruling about a stateless man who no country would take after Australia rejected his asylum claim, and which effectively enabled indefinite detention in Australia.
The case is brought on behalf of Said Imasi, another stateless man who has been locked up for nine years with almost no prospect of deportation or release, his lawyers claim.
The minister for home affairs and the immigration department will fight Imasi’s case, and in published submissions have forcefully rejected the plaintiff’s arguments and warned of drastic consequences to the current system which allows the indefinite detention of stateless people, asylum seekers and other non-citizens.
“If Al-Kateb is overruled, that would alter – with retrospective effect – the understanding of the [Migration] Act upon which unlawful non-citizens have been detained since 2004,” its submission said.
Peter Dutton had a lot of praise for Derryn Hinch this morning.
Anyone would think there was a piece of legislation hanging in the balance.
It seems to me that Derryn Hinch is showing the leadership that Mr Shorten lacks.
Mr Hinch has asked for a briefing. He’ll receive that briefing. We’ll provide that very shortly and he wants to be informed by the experts. There’s no sense calling in the experts, including the chief of the defence force, the people who know Operation Sovereign Borders well, the general in charge, the head of the Australian federal police, and then ignoring that advice.
And that’s exactly what I think Mr Shorten has done here. Now, Mr Hinch has asked for the advice. We’ll provide him with the advice. But it’s very clear that in in scrambling and dismantling of Operations Sovereign Borders as proposed by Bill Shorten, is going to see, I think, a return of boats.
It’s going to see people going back into detention. Australians voted in 2013 and sent Labor a very strong message to say that they didn’t support the open border policy of the Labor party and it seems to me that the Labor party just hasn’t heard that message.”
Updated
While the rhetoric is gearing up over border security, there is also the banking royal commission kicking along.
The government may be forced into recalling parliament to deal with it – if Labor can get all of the crossbench on board. That makes Bob Katter, who usually abstains or sides with the government on these matters, crucial.
He says he is open to looking at recalling parliament, which would bring everyone back here in March, before the only other scheduled sitting in April, when the budget will be handed down (after which, the election will be called).
But Katter had some interesting things to say to Sabra Lane on AM this morning.
I am having discussions, with George Christensen, and we are formulating some proposals that we want in banking.
I personally, am very, very reluctant to let this parliament rise, without some action – quite frankly, that inquiry was a complete waste of time, except to scare the hell out of the banks. If you read, what we wanted to have looked at, none of it was looked at, none of the recommendations are worth two bob, in my opinion.
I mean Apra and Asic are still in place. The policemen, who didn’t police anything, they were lapdogs, not attack dogs or watch dogs [are still in place] ...
We are discussing new laws now ... we are discussing new laws at this very moment and I can see no reason why the government can’t and shouldn’t look at some things, some simple, but vitally important things at the very heart of the banking problems.
Katter says he is “not comfortable” with the idea of the parliament rising without dealing with it.
One of the things that will most influence my decision is to whether the government as a matter of good faith, passes some simple, unequivocal action that needs to be taken.
Updated
Good morning
Well, the night’s break has done nothing to calm things down in this place.
Peter Dutton has ramped things up to 11.
Let’s be very frank about this – this is a very problematic position that Bill Shorten has put our country in and he needs to explain why he has taken a decision that is inconsistent with the advice from our intelligence, our law enforcement and our operations sovereign borders agencies.
The government, despite saying the bill will threaten the nation’s border security, will not go to an election, as Scott Morrison says he doesn’t believe the bill to be of “vital importance” – which would make it a de facto vote of no confidence and send us to the polls.
I’ve already said that these are not matters that go to issues of confidence and I don’t consider them in those terms. The government has never put them in those terms and the independent members who voted on this bill this evening did not consider them in those terms, which is related to the form of words that you’ve just put to me.
So instead we are going to spend the next few months arguing border security.
But the bill itself is not done yet – it has to go back to the Senate, where Derryn Hinch is the key vote. He has asked for a security briefing before he makes any decision.
As always, we’ll follow along with all the developments. Of which there will be many.
You’ve got me, Mike Bowers and the Guardian brains trust on deck for you. Find us in the comments and on Twitter. A kind soul just brought me a coffee, so I am ready to go!
Let’s get into it.
Updated
