Well hasn't it all been marvellous
It’s been wonderful to be with you but now I really must go and put that food in the fridge. If too much politics has been nowhere near enough from your perspective today, tune in tonight to the 7.30 Report. The prime minister will be the program guest.
It’s been a big day on hollering hill, so let’s take stock before dealing with our respective evenings.
Today, Monday, in two points:
- The prime minister Malcolm Turnbull decided his option for an early poll was a gambit in which the parliament would be recalled from April 18 for a special three week sitting to consider the ABCC bill. Turnbull’s message to the senate was pass the bill or we’ll be off to a double dissolution. The message back from the senate was, variously, you can pull us back on April 18 but you can’t make us consider your legislation, and we don’t respond favourably to blackmail.
- The Labor leader Bill Shorten took the opportunity of rehearsing his election pitch. Vote Labor, for jobs, or vote Liberal for more cuts. Labor is anti-corruption, Malcolm Turnbull is just anti-union. We aren’t scared of a double dissolution election.
That’s what today boiled down to, really. Buckle in for a fifteen week election campaign. Things are going to get pretty interesting. Be well until we meet again.
I had promised some analysis but it’s too late in the piece now. Let me point you instead in the direction of other pieces of commentary on the day’s developments.
My Guardian Australia colleague, Lenore Taylor.
His popularity sliding, his colleagues sniping and his tax plans in confusion, the prime minister has effectively pressed control-alt-delete. On the entire parliament. The reboot is intended to make him look decisive and put the policy debate back under some semblance of government control.
Australian Financial Review, Laura Tingle.
The popular conclusion: [Malcolm Turnbull] didn’t have a plan, he didn’t know what he was doing. Then he pulls one out of the bag – which no guru and certainly no political opponents saw coming – which not only puts responsibility for the timing and nature of the election back on the Senate – but makes the Senate’s behaviour itself the topic du jour for the next three weeks.
Two of the reasons this election will be different from recent contests are that it will be a very, very long campaign, with little capacity for either side to make big spending promises. That means we can expect high levels of negativity from both sides. The three-week Senate sitting to consider the two double dissolution triggers before the May 3 budget will see the Coalition seek to exploit Bill Shorten’s union ties and present him as soft on thuggery in the building industry. Assuming he emerges unscathed, Shorten’s biggest task will be to persuade voters that they must jettison another yet prime minister.
While the Coalition has a mandate for the restoration of the Australian Building and Construction Commission and has a compelling case for the Registered Organisations Act to tighten union governance, these are not a strong foundation for an eight-week election campaign. Turnbull confirms that the election, if he calls it, will be on July 2. The nation has not seen an eight-week campaign for decades. Can Turnbull really withstand such an exhausting challenge?
Only one other news line to cover off. Turnbull was asked whether the abolition of the Clean Energy Finance Corporation was in the mix for the double dissolution. He said no.
Q: The Clean Energy Finance Corporation, if there is a double dissolution, you win, there’s a joint sitting, would the Clean Energy Finance Corporation also be part of the bills that you would put to...?
Malcolm Turnbull:
No, what I’ve said is that if the ABCC bills and the registered organisations bill are passed, then there will not be a double dissolution. If they are not passed, the bills that will be the subject of the double dissolution will be the ABCC bills and the registered organisations bill.
Now the Turnbull news lines. (I know, I’m sorry, this is now like an archeological dig, but it’s ben bugging me all day that I didn’t cover this properly).
When he was asked whether or not he would accept amendments to the ABCC bill, this was the prime minister’s response. He didn’t sound all that interested in amendments.
Malcolm Turnbull:
The time has come to pass the bills. There has been a lot of game playing in the Senate - I think you have all seen it and you have all witnessed it, and you have seen what has been going on with respect to the ABCC bills is an elaborate exercise to delay and obfuscate and filibuster with the intention of ensuring that the Senate does not, is not seen to fail to pass within the meaning of the constitution. Now what we are doing here is giving the Senate ample time – this is three weeks – this is plenty of time to consider the ABCC bills and pass them.
I promised what feels like ten hours ago I would backtrack to Malcolm Turnbull’s opening gambit this morning to cover that off a bit more comprehensively. Let me deal with that now. I’ll start by giving you his opening pitch, and then I’ll work through news lines in the questions.
Here was the Turnbull spiel. I know it’s long, but given the election campaign basically starts here I think it’s worth posting in full so you can mull it over.
Malcolm Turnbull:
Our economy is successfully transitioning from the mining construction boom to a new and more diverse one – fuelled by innovation, the opening of new markets, and more investment in Australian enterprise.
My government’s economic plan is supporting this transition, to drive economic growth, and create new higher paying jobs in the future:
From our innovation and science agenda – to bring more great Australian ideas to market, to provide tax incentives to invest in start-ups so they can survive and thrive; and to help prepare our children for the jobs of the future by boosting participation in science, engineering, computers and maths.
To our defence industry plan – to secure the nation in the 21st century, to support and create innovative Australian companies – small, medium and large – to back local advanced manufacturing and hi-tech jobs, particularly in regional Australia.
From free trade agreements with China, Japan and Korea – to give our farmers a competitive edge through the removal of tariffs; and to open doors into expanding markets for our services, including tourism, education, architecture, engineering, financial services and aged care providers.
To the landmark reform of Australia’s competition law – to help small to medium companies compete with larger established ones, and to ensure they’re not shut out of markets unfairly by the big players.
From taking media reform out of the too hard basket – by announcing long-needed changes to ownership laws, in ways that will help secure regional newsrooms and save local media jobs in country towns right across Australia.
To last Friday’s historic reform of electoral laws for the Senate – to ensure that voters get to decide who they want to send to Canberra, and stop backroom deals from undermining our democracy.
And of course the upcoming budget will include more elements in our economic plan, ensuring Australia’s tax system is backing jobs, growth and investment in Australian enterprise.
My government is directing every lever of policy to secure our nation’s prosperity and economic security for the 21st century.
The time has come for the Senate to recognise its responsibilities and help advance our economic plans – rather than standing in the way.
The construction industry is vital to the transition to the new economy. The additional costs of construction in this country due to the frequency of industrial disputes and standover tactics by militant unions are a serious handbrake on economic growth. When the Australian Building and Construction Commission (ABCC) was in force, productivity in the sector grew by 20%. Since it was abolished productivity has flatlined. The days lost to industrial disputes have increased by 34%.
Two thirds of all industrial disputes in Australia – at the highest level since 2010 – are in the construction sector. Unlawful conduct on building sites around Australia is holding back our economy – costing investment, productivity and new jobs in a sector that employs more than one million Australians and should employ more.
Australians will not be able to afford the infrastructure of the 21st century unless the rule of law returns to the construction industry.
Labor, the Greens and some of the crossbench have been under enormous pressure to oppose the re-establishment of the commission not least because the construction unions are big supporters of their political machines
From 2007, the CFMEU alone has donated over $7m to the ALP and are, as you know, a very substantial donor to the Greens as well.
The restoration of the ABCC is a critical economic reform. It will mean more investment, more infrastructure, more construction, more jobs in construction, more and more affordable housing.
It is time for Mr Shorten and Labor to behave responsibly in the economic interests of Australia.
His only contribution to the construction industry has been relentlessly to defend or ignore the lawlessness that is costing us jobs and growth, that is making housing and infrastructure more expensive.
And, of course, we must not forget that Labor will not allow Australians to negative gear any asset – that’s offsetting investment losses against their wage or salary – except a new dwelling.
The indisputable facts are these:
Residential housing represents the single biggest asset class in Australia.
Labor’s proposed ban of negative gearing on existing dwellings will cause up to one third of those investors to withdraw from the market in the future.
When one in every three buyers vacates the field, demand falls, and so will prices.
So who loses? Home owners whose house values will drop. Tenants who will pay higher rents. Every day hardworking Australians who will now be actively discouraged from investing to get ahead. And at the very time we need more investment to create jobs and growth, Mr Shorten wants to increase capital gains tax on investments by 50%.
He is also blocking the road to good economic policy – his ties to the CFMEU led to him abolishing the ABCC when in office; and, now, he is using the Senate to block legislation to reinstate the ABCC and help improve the competitiveness of the construction sector.
The time for playing games is over.
The Senate has already once rejected the bill to re-establish the construction industry watchdog. It has twice rejected the registered organisations bill.
Today, I called upon his excellency the governor general to advise him to recall both houses of parliament on April 18 to consider and pass the Australian Building and Construction Commission bills and the Registered Organisations bill and he has made a proclamation to that effect.
I make no apology for interrupting Senators’ seven week break to bring them back to deal with this legislation. This is an opportunity for the Senate to do its job of legislating rather than filibustering – the go-slows and obstruction by Labor and the Greens on this key legislation must end.
The Senate will have an additional three sitting weeks to deal with the ABCC and Registered Organisations legislation – plenty of time to pass these important laws. If the Senate fails to pass these laws, I will advise the governor general to dissolve both houses of parliament and issue writs for an election.
Because such a double dissolution must be done on or before the 11th of May, the Government will be bringing the Budget forward to Tuesday 3rd of May so that Mr Shorten will be able to deliver his reply on the Thursday in the usual way.
The ABCC bills were reintroduced in the first week of Parliament this year – the reason they have not yet been voted on in the Senate this year was the decision of Labor, the Greens and the crossbench to send the bills to a committee for yet another review.
This was the fifth review the bills have undergone – the committee came to the same conclusion it had on the last time it considered them. Nothing new was raised or considered. It was just a delaying tactic.
In four weeks’ time Labor, the Greens and the crossbench senators will be given a further opportunity to make the right decision for Australia.
The re-establishment of the construction industry watchdog will ensure the construction sector can perform competitively and effectively as a key contributor to Australia’s future economic growth.
If the Senate passes this important legislation – the ABCC bills and the registered organisation bill – there will be no double dissolution.
We are getting on with the business of government – now it is time for the Senate to do its job and pass these important economic reforms.
Just in case our collective heads haven’t exploded enough today, let me share what the standing orders say the procedures should be on 18 April, given technically that will be the first day of a session not after a general election.
A speech from the governor general. Mind your pomp and circumstance, people.
1 Proceedings on opening
(2) On the first day of the meeting of a session of parliament not after a general election for the Senate and the House of Representatives or a general election for the House of Representatives:
If there is a president:
(a) The president shall take the chair at the time specified in the proclamation.
(b) The clerk shall read the proclamation calling parliament together.
(c) The governor general shall be introduced by the usher of the black rod to the Senate chamber.
(d) The certificate of election or choice of each senator whose term of office has begun since the last sitting of the Senate shall be laid on the table, and each such senator may then make and subscribe the oath or affirmation of allegiance in accordance with the constitution.
2 Governor general’s speech
(1) When the governor general has arrived at the chamber, the usher of the black rod shall announce and conduct the governor general to the chair, the president leaving the chair and sitting to the right.
(2) The governor general will direct the usher of the black rod to command the immediate attendance of the House of Representatives in the Senate chamber.
(3) When the members of the House of Representatives have come with their Speaker into the Senate chamber the governor-general will declare the cause of calling the parliament together.
(4) The president and the Speaker will each receive a copy of the governor-general’s speech, the governor-general will withdraw from the Senate chamber, and the president shall again take the chair.
3 Address-in-reply
(1) Before the governor general’s speech is reported to the Senate, some formal business may be transacted, and petitions may be presented, notices of motion may be given, and documents laid upon the table.
(2) The president shall report to the senate the speech of the governor general.
(3) Consideration of the governor general’s speech may be made an order of the day for a future day, or a motion for an address-in-reply to the speech may be made.
(4) Only formal business shall be entered into before the address-in-reply to the governor general’s opening speech has been adopted.
(5) When the address has been agreed to, a motion will be made that it be presented to the governor general by the president and senators.
(6) The president shall report to the Senate the presentation of the address and the reply of the governor general.
Updated
We’ll take this as a comment.
Did the Prime Minister forget that it was #HarmonyDay? #auspol pic.twitter.com/0qE8B0LvVj
— Senator Ricky Muir (@Ricky_Muir) March 21, 2016
Constitutional expert Anne Twomey has just been on Sky News, and David Speers has thankfully saved me a phone call by asking her whether a Senate strike on 18 April would constitute failure to pass – which is the key concept required to launch a double-dissolution election.
Twomey says it would certainly build the government’s case. She says if the government has scheduled three weeks to consider the ABCC bill and the Senate refuses to consider it, then the government has got a reasonable case to say there has been a failure to pass the legislation.
Updated
Now to another thing.
Speaking as we were before of locutions, there is one other moving part I feel I need to address because it has been bouncing around the webiverse for most of the day.
Because the treasurer, Scott Morrison, this morning stuck to the government’s (latest) holding formulation on the budget date – that it would be on 10 May – a conspiracy theory has sprung up that Morrison was out of the loop on the government’s decision-making.
Just think about that for a few minutes. In the real world. Does that seem feasible, given the government has been mulling its options about election timing all year? That Morrison would be just bumbling along, completely clueless, when he is responsible for managing one of the major moving parts in the equation: the timing of the budget? Doesn’t quite work for me, that.
Here’s one alternative scenario to the Morrison was clueless theory bouncing around the place.
Last week several things were on the go at once, including the government keeping the Greens in the tent to pass Senate voting reform. Do you think, if the Greens got wind of the fact the government would pull this little number today, that they would have been so willing to do what they did last week? Perhaps they would, perhaps they really are that benevolent, but if I were Malcolm Turnbull, I wouldn’t be betting the house on it. I would want my developing plans for this week locked up tighter than a drum.
I would want the consideration to remain in the leadership group until it went to cabinet (this morning) for a final sign off.
Also, if I were the prime minister, I would want to announce my own plan. When I was ready. In fact I would insist on being able to announce my own plan. So I would insist that the holding line on the budget – the budget will be on May 10 – would be the public pronouncement until the formal Turnbull announcement superseded it. If that meant the treasurer had to tell Ray Hadley May 10 half an hour before I said May 3 then that’s a small price to pay in the grand scheme of things. A higher price for Morrison perhaps, having to face Hadley again and explain why he said May 10, but presumably not serious enough to require any subsequent swearing on a bible.
I suspect my scenario is more likely than Scott Morrison had no idea that the government was about to fire the starters gun on a fifteen week election campaign and move the date of his budget. I’ll stick with my working scenario until hard evidence surfaces that Morrison, the treasurer, didn’t known when the budget was. I mean hard evidence. And hard evidence is not uttering the sanctioned line on a radio show. Not in this joint.
Updated
A strike of course would require Labor and the Greens to reconcile after the grim business last week. My first thought would be the Greens have created a major political problem for themselves, why would Labor help them save face? But of course there are bigger plays than this one on the go.
Now, about that strike.
A statement now from a spokeswoman for Penny Wong. They can make us return, but they can’t make us sit.
The governor-general’s proclamation summons the Senate (and House) to meet at 9.30am on Monday, 18 April 2016.
What happens after that is a matter for the Senate. This is a parliamentary democracy – neither the Governor-General nor the Prime Minister can unilaterally determine how the Senate deals with business before it.
Labor will give careful consideration to how we respond to Mr Turnbull’s radical move today. We’ll take some advice. And we’ll consult with other parties and independent Senators.
A senate strike?
Back to the tantalising prospect of the senate strike on April 18. I’ve asked the office of Penny Wong, Labor’s leader in the senate, whether the senate will sit and consider business on April 18.
If we look back to the locution Bill Shorten used about the recall of the parliament earlier today – he said Labor would “turn up” on April 18.
That locution leaves open the question of the senate actually doing anything apart from turning up. Perhaps the senators will turn up and hold a BBQ. Perhaps turn up and watch the new season of House of Cards.
When I get an answer, I’ll let you all know.
Ricky Muir: "It would be a sad day in Australian democracy if we all folded and voted for the government, because they actually put a gun to our head."
Ricky Muir says today’s move by the prime minister doesn’t change his substantive position on the ABCC bill.
Would this make me vote for the ABCC legislation? No.
I’ve said all along especially when it was last introduced to the Senate in February that I thought that ... it should be debated in a committee of the whole in the Senate. I stand by that position. It needs to go to a second reading vote.
If it ends up in second reading and passes at that point amendments can be discussed and only once I’ve actually seen what the bill’s going to look like at the end will I be able to truthfully and honestly say this is my view on this bill.
Q: Has there been any discussions with the other cross benchers today?
Ricky Muir
Not as of yet. First and foremost I thought I’d better try to get my head around what the government’s actually presented and how they’ve gone around it. I’ve seen a bit of the comment publicly that some of my colleagues have been saying, I haven’t spoken directly to them. I will, but again I won’t be encouraging them to vote for or against any legislation that may be upcoming. All eight cross benchers are independent people.
We represent different parties, we all have different beliefs and I think it would be a sad day in Australian democracy if we all folded and voted for the government, because they actually put a gun to our head.
Updated
I’d like to linger just briefly on the tantalising prospect of a senate strike – and I’ll come back to it, but I have to deal with Ricky Muir, who is speaking now.
Di Natale is now in a very tight political spot courtesy of the prime minister bringing it all on so close to last week’s vote. The unions are furious with the Greens because of events last week.
Today the Greens leader has to try and mend fences with the trade union movement. This ABCC bill is bad law, Di Natale says.
It’s bad legislation and we should do whatever we can to defeat it.
Di Natale is pointing out the the governor general can require the senate to return to Canberra on April 18, but the senate decides what happens then. The governor-general can’t make the senate sit.
Q: You won’t rule out delaying debate on this?
Richard Di Natale
I’m not going to rule any response out. It ultimately will be a decision for the senate to decide what it does in terms of debating this legislation and what it does in terms of debate during the period in which the governor-general has requested us to convene.
Readers with me last week know that the Greens voted with the government to reform senate voting procedures. That was a very big call by this leader – Richard Di Natale. Because once those voting reforms cleared the chamber the prime minister was always going to lunge for the nuclear codes, it was only a question of when.
Richard Di Natale isn’t a fool. He would know that full well.
But today, Di Natale is contending Turnbull is being wicked for doing what he was always going to do once he had the toolkit in place. This is bullying, the Greens leader says.
Richard Di Natale
This is the same tactics that he accuses people within the construction industry of adopting. So Malcolm Turnbull’s adopting the same tactics that people in the construction industry he says are using. That is, bullying tactics, that is using a piece of legislation to bludgeon his way through the senate.
That’s not responsible government, it’s not mature government, it’s not the politics of unifying the nation.
Greens leader Richard Di Natale is speaking to reporters in Melbourne.
We had a prime minister who took on the leadership of the Liberal party promising an end to division and instability, promising unity, promising to lead an adult government with a reform a agenda that suits the 21st century.
Yet here we are with the prime minister continuing on with that chaos and instability. A prime minister who hasn’t learnt from the lessons of the past. Rather than attempting to unite the nation, continuing to divide it.
We have a cluster of things at 3pm – the Greens reacting, a statement from Ricky Muir, and one other thing that I’ve now forgotten.
Once I’m through that, I will track back to the start of the day and take you through the prime minister’s statement on the basis that I haven’t yet covered this properly (given that small inconvenience of me being in the cold section of the supermarket first up.)
I’ll also do some analysis over the course of the afternoon if time permits, and try and get back to some questions people have asked me online.
Fatalism, and a series of sick burns from John Madigan
Q: Do you think you will become a victim at a double dissolution election?
John Madigan
That’s for the Victorian people to decide. I wouldn’t be so presumptuous as to tell them how or who or what to vote for. I would ask people, I would suggest sincerely to people you think seriously about how you vote at this election.
Q: Have you received a phone call from Malcolm Turnbull? We understand he’s made some today. Has he contacted you?
John Madigan
No, prime minister Turnbull has not called me.
I’m not surprised.
You know, you can only, quite frankly, deal with people of integrity and sadly, that’s what the Australian parliament is sorely lacking.
Q: Do you think you are being duped, is that what you’re suggesting?
John Madigan
No, look, quite frankly, I can’t look into the PM’s head and I quite frankly wouldn’t want to look into his head.
Madigan argues if there’s a problem with lawlessness then that’s a problem for the police and the courts, not a new inspectorate body.
Q: In your opinion, do they want the bill passed or do they actually want the double dissolution election?
John Madigan
Well, look, I can’t look into the government’s mind but after four years in this place, there is a lot of people seduced by power.
There is a lot of people believe the ends justify the means. There is a lot of people that talk about the rule of law but want to act as judge, jury and executioner and trial people by innuendo, trial people by allegation.
That is not the rule of law.
John Madigan is taking his turn in the ABC studios now.
I don’t respond to threats, I don’t respond to intimidation and always make decisions according to my conscience and what I believe is in the best interests of Australia and all Australians.
I won’t be bullied, I won’t be intimidated and I’m shocked by nothing this government dishes up to the country.
Abetz hopes a double dissolution can be avoided. (I don’t think he hopes that very much.) He also doesn’t think the ABCC legislation needs much amending. Abetz hopes it will pass in its current form.
Abetz says he drafted the ABCC legislation, and this is a fight around which the government is absolutely unified. A good clarification, that one, given recent history.
The Tasmanian senate team is very energised for the election.
This is Eric Abetz, who has called a media conference in Hobart to announce that he’s energised.
#EnergisedEric
"Whilst Labor is anti-corruption, Mr Turnbull is just simply anti-union."
Q: The royal commission exposed a culture of lawlessness and corruption in the union movement. Why are you stopping legislation to address that?
Bill Shorten:
We are all up for making sure there are good unions in the workplace. And you’re right the royal commission did expose unacceptable examples of practices ... but what I won’t do is create two sets of rules for workers.
What is the overwhelming case to create a second industrial bureaucracy? We are absolutely committed to doubling the penalties, we are absolutely committed to giving ASIC the ability to regulate corporate governance in unions as well as employers, but what I won’t do is start engaging in a ... bashing campaign which is indeed the only thing the right wing of the Liberal party will let Mr Turnbull talk about.
And furthermore this talk of the ABCC legislation, if it was so important to Mr Turnbull, why didn’t he raise it when we’ve just had parliament for the last few weeks?
We are up for sensible reform, but the truth of the matter is whilst Labor is anti-corruption, Mr Turnbull is just simply anti-union.
Furthermore, we will not allow this legislation to be a camouflage from the real issues. Mr Turnbull dos not want Australia, does not want the parliament of Australia to talk about Medicare, about properly funding our schools.
He does not want Australia talking about real action on climate change through genuine efforts to lift renewable energy. Mr Turnbull is shy of having a debate about fair taxation or Australian jobs, so that is why Labor will not get distracted.
If he wants parliament to sit on April 18th, we will turn up, of course we will, but we won’t be distracted on behalf of the interests of the Australian people by Mr Turnbull’s games.
Mr Turnbull has a plan for his re-election, he just doesn’t have a plan for Australia.
And with that, he exits.
Shorten is asked about Labor’s negative gearing policy. Will it wreck the economy?
Bill Shorten:
We have said if elected we will support negative gearing continuing for new housing – but something has got to be done about making sure that first home owners can at least have a level playing field with property speculators.
This outing is basically an election pitch from Shorten.
The choice facing Australians in this election is clear. More jobs under Labor or more cuts under the Liberals.
We will run our own race, Shorten says.
We are not going to play the game that Mr Turnbull wants us to. We will not be distracted from the issues that Australians have been telling us are most important to them. Labor will back the Australian people with our positive plans for Australia for this election.
We will make sure that it is your Medicare card, not the your credit card which determines the level of healthcare you receive in this country. We will make sure that every child in every school gets every opportunity to have the best education possible. We will reinforce and go back to supporting a strong public TAFE, rather than the dodgy private providers.
We will make sure there is real action on climate change by putting renewable energy and the future jobs that come with it at the centre of how we tackle climate change. We will ensure that there is a fair taxation system in this country and that will also allow first home owners, the people seeking to become first home owners, the chance of fulfilling the great Australian dream.
Bill Shorten responds to Turnbull's gambit: "full panic mode"
The Labor leader, Bill Shorten, is addressing reporters now.
Today Mr Turnbull has decided to put his own future ahead of Australia’s future. Today Australians have seen a prime minister in full panic mode.
There can be no better demonstration at the chaos at the heat of this dysfunctional and divided government than the fact that the treasurer of Australia thought that the budget was going o be on a different day to his PM, only an hour earlier than when the PM told Australia of the new date.
Quick calculation. My current cross bench tally on the ABCC looks like this. Highly provisional.
No
- John Madigan
-
Glenn Lazarus (on the basis the government won’t give him an federal Icac.)
Maybe
- David Leyonhjelm
- Dio Wang
- Nick Xenophon
Yes
-
Bob Day
Reporters have just chased the attorney-general into a lift. Literally. Always a good look, the walking doorstop. Not.
Q: Nick Xenophon says you can call the senate back but it doesn’t have to sit. Are you concerned about further delays?
George Brandis, with his finger on the lift call button.
We are asking the senate to do is to do its job, the job established by the constitution. I think the Australian people would be very surprised to learn that the senate has objected to sitting for three weeks out of the 7-week recess.
Pinging off Brandis, back to David Leyonhjelm.
Q: All of our questions have been in the context of a government that might want to pass the ABCC bill. Do you have any suspicions it in fact does not?
David Leyonhjelm:
I have a feeling they don’t actually care either way.
If they pass it, they can claim victory and say look at what we’ve done, aren’t we clever. If it fails, they will then go to an election and campaign on that and so union corruption, the building industry, Labor party and Greens obstruction and that sort of stuff will become election issues.
I think they see it as equally OK and so I don’t think there is any great enthusiasm for negotiation. I have a feeling they won’t be all that negotiable on this but time will tell. We have only found out about it this morning.
On Sky News, the attorney general has been asked if the government open to amendments on the ABCC bill?
George Brandis:
The government wants to pass this legislation and pass this legislation in its current form.
Brandis says he hasn’t seen any amendments and until he does the question is hypothetical.
Let's stand still and summarise the events of Monday morning
The Labor leader Bill Shorten will be responding shortly to Turnbull’s gambit. In the meantime let’s attempt to take stock of the past few hours.
Today, Monday:
- The prime minister has declared he will call a 2 July double-dissolution election unless the senate passes industrial laws at a special parliamentary sitting from April 18.
- The budget will be on May 3, not on May 10.
- The prime minister has pulled this bit of fleet footedness off by using section five of the constitution.
- Legal experts say the constitution can be used to recall parliament in this way but it requires the governor general to prorogue parliament first. Prorogation terminates the existing session of parliament which wipes clean the notice paper, but can be done for procedural reasons including calling the parliament back without triggering an election. Although it technically terminates the progress of bills, they can be reintroduced so the government can move ahead by picking up where it left off on the ABCC bill and the registered organisations bill.
- The attorney-general George Brandis has said this practice isn’t at all unusual. He says section five has been used 28 times since federation. Combined with bringing back parliament, it hasn’t been deployed since the 1970s.
- Given the government pushed through reform of the senate voting procedures last week, the cross benchers are sounding fairly frosty.
-
Glenn Lazarus has declared he will not be blackmailed. Bob Day says he might have helped the government whip numbers in the chamber before last week but now he’s not sure if he can help whip those numbers. (The prime minister spoke to him about it this morning.) David Leyonhjelm says he’ll vote for the ABCC bill if the government accepts his amendments and abstain if the government doesn’t. Nick Xenophon says he’ll vote for the second reading then we’ll see what happens afterwards.
That’s the main business as of this second, but we have content exploding out of every possible broadcast mechanism right now.
On the question of amendments to the ABCC legislation, the employment minister Michaelia Cash has said this morning she will negotiate with the crossbench, but the government’s position is clear.
Our intent is to see these bills passed because they are good policy. But again, as the PM made clear today, the time for playing games is over.
I will negotiate in good faith but I’m not about to tolerate amendments just for amendments sake. These bills must be passed.
Updated
Leyonhjelm says he will vote yes if the government accepts his amendments, or abstain if not
LDP senator David Leyonhjelm says today – the government’s decision to reach for the nuclear codes – was another ambush.
It was like the electoral reform bill that we dealt with last week. It was an ambush. I didn’t see it coming at all.
Q: Let’s go to the substance. The big question you’re going to be asked over those three weeks in April: ABCC, yes or no?
Well I voted for the second reading last time. I was prepared to support it subject to amendments. I guess it depends on what the government’s attitude is this time to amendments.
I know they were talking to others on the crossbench about amendments but then they introduced the electoral reform bill which all of us on the crossbench with the exception of Nick Xenophon really I don’t like at all.
It will disenfranchise an awful lot of our supporters and supporters of other minor parties.
The relationship between the crossbench and the government, I think, has gone backwards at a very fast rate in the last couple of weeks. Whether the government can recover from that is a good question.
Leyonhjelm says he will pursue some amendments to the bill.
Q: If you could get those up, are you in effect saying you could go in the yes column?
I haven’t ruled it out. I can’t imagine I would vote against the bill. It will be a choice between abstaining and voting for it, subject to amendments.
I certainly won’t vote for it, if it’s unamended, I can be quite categorical on that. It depends on whether the government is trying to play hardball with us or whether it’s open to discussions. We won’t know that until we get back into discussions with them.
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Since Turnbull decided to outline the terms of the campaign this morning, a bunch of ministers have lined up to back in the strategy. A little bit of televisual shock and awe.
The employment minister, Michaelia Cash, has taken her turn on ABC24.
Q: How do you respond to the criticism you will get that you have elevated this bill in the last couple of months in order to get to the position so it can be used as a trigger to run to an election?
Michaelia Cash:
I disagree with that. The government responding to the outcome of the Haydon royal commission said the first order of the parliament would be to reintroduce the building and construction commission bill, which we did in the House of Representatives.
The Senate has already had – if it had wanted to, an opportunity to debate these bills but Labor, the Greens and some of the crossbenchers chose to refer this bill to a committee. Bearing in mind this bill has already been to a committee several times and I said at the time, it is a waste of time sending it to a committee because I can write the report for Labor and the Greens. You are going to oppose the ABCC and that is exactly what they did.
Yet again deliberate obstruction in terms of bringing the bill on for debate by Labor and the Greens and some of the crossbenchers – and that is why the prime minister has today done what he has done. They want an opportunity to debate these bills. They will now have three weeks.
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Little bit of Twitter gold right here. Endorsement from another bloke with a rowing machine.
.@TurnbullMalcolm I admire your methodology, Prime Minister. If you don't like how the table is set, turn over the table.
— House of Cards (@HouseofCards) March 21, 2016
It's time. #HouseofCardshttps://t.co/dlmYoONbVn
— House of Cards (@HouseofCards) March 4, 2016
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Glenn Lazarus saw the sasquatch coming. Rugby league trains people to spot a sasquatch from 200 metres.
I’m not surprised. I’m very very disappointed in the government.
The Senate crossbencher says he’s happy to support the ABCC if the prime minister is happy to convert the body into a federal Icac. (He’s been saying this for some time.)
It would have to be a national thing, not just concentrating on the building sector. It would need to focus on all corruption.
I would love to go on being a senator for Queensland, but I’m not going to be blackmailed.
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Independent Nick Xenophon is speaking to reporters now in Melbourne, pretending he didn’t see this coming.
The prime minister is using a nifty and cunning and manoeuvre.
I didn’t see it coming. I don’t think anyone saw it coming.
(I think we all suspected it might be coming, but I certainly didn’t see it coming today. Hence my deep dialogue with the frozen peas. Let’s face it, this option was like a sasquatch squatting behind a very small shrub.)
Xenophon says he’ll vote for the second reading of the ABCC bill, but he’s not guaranteeing he will vote for the bill.
He has longstanding concerns about occupational health and safety.
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I know it’s proroguing. But PO-rogue is so much more satisfying.
A short word on proroguing
So ... is this legal? Constitutional expert professor Anne Twomey has told me this morning section 5 of the constitution can be used to recall parliament in this way but it requires the governor general to prorogue parliament first.
She said prorogation terminates the existing session of parliament which wipes clean the notice paper, but can be done for procedural reasons including calling the parliament back without triggering an election. Although it technically terminates the progress of bills, they can be reintroduced so the government can pick up where it left off on the ABCC Bill and Registered Organisations Bill.
The governor general has already published official documents which show he has prorogued parliament. Turnbull asked him to do so to further discuss the ABCC bill and registered organisations bill. He added advice that it was constitutional to do so, including instances it had been done.
There’s already been some argy bargy between the government and opposition about whether this is business as usual or a desperate move. The government says prorogation has been done 28 times since federation, the last time in 1977. The opposition says it’s only been done four times since 1961. So it’s unusual in recent times but not unprecedented.
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Deputy prime minister Barnaby Joyce. We are not joking. Just in case anyone thought this might be a massive April Fool’s gag.
They [the Senate] must understand our commitment to this. We are not joking. This is not some sort of play. If they don’t pass it, we will have a double dissolution.
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Comments are on now. Apologies, they were the first victim of Campaign ‘til July. Make your voices heard in the thread.
Yes, lock up your puppies people, lest they be PO-rogued.
@murpharoo pic.twitter.com/Rdlo9pnXPG
— Barry Rutherford (@barryrutherford) March 21, 2016
Talk to the hand, Malcolm: Bob Day
Sky News is interviewing Family First senator Bob Day about his view on the ABCC bill. He’s a supporter of the bill.
Interesting, Day says the prime minister rang him this morning to lobby him over the bill. Day says Turnbull also asked for his support in getting the other crossbenchers on board. The Family First man says working to advance the government’s agenda would have been possible before last week.
But last week, the government, the Greens and Nick Xenophon decided to take action that would clear crossbenchers out of the Senate.
What my crossbench attitudes are I’m not sure.
Q: So this is payback?
Bob Day:
I wouldn’t say it was payback but that’s the reality now.
These things have a way of blowing up in the government’s face.
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Bless Michael Safi and his cotton socks for dragging Politics Live into an upright position while I was in the frozen food aisle, labouring under a delusion that today I could put food in my house. Katharine Murphy now, for as long as today’s party goes for. Welcome to today’s edition of pass the bloody ABCC bill or the puppy gets it.
Here’s our news report on this morning’s announcement which, like this blog, will continue to be updated.
Key dates
18 April Both houses of parliament recalled to pass a bill restoring the Australian Building and Construction Commission and another toughening up accountability and transparency measures for unions
3 May The budget, one week earlier than originally planned
11 May The last date the government can call a double-dissolution election
2 July Date of possible double-dissolution election
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'The time for playing games is over'
Here are the key bits of the prime minister’s surprise announcement in Canberra this morning, readying the trigger for a double-dissolution election in July.
The Senate has already once rejected the bill to re-establish the construction industry watchdog. It has twice rejected the registered organisations bill. Today, I called upon His Excellency the governor general to advise him to recall both houses of parliament on April 18, to consider and pass the Australian Building and Construction Commission bills and the registered organisations bill, and he has made a proclamation to that effect.
I make no apology for interrupting senators’ seven-week break to bring them back to deal with this legislation. This is an opportunity for the Senate to do its job of legislating rather than filibustering. The go-slows and obstruction by Labor and the Greens on this key legislation must end.
The Senate will have an additional three sitting weeks to deal with the ABCC and registered organisations legislation. Plenty of time to pass these important laws. If the Senate fails to pass these laws, I will advise the governor general to dissolve both houses of parliament and issue writs for an election.
Because such a double dissolution must be done on or before 11 May, the government will be bringing the budget forward to Tuesday, 3 May, so that Mr Shorten will be able to deliver his reply on the Thursday in the usual way.
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Turnbull to call double dissolution if Senate rejects construction watchdog
It’s (almost certainly) on!
Both houses of parliament will be dissolved and Australians will go to the polls on 2 July should the Senate fail to pass a bill restoring the construction industry watchdog, the prime minister has announced.
Malcolm Turnbull said on Monday he was recalling both houses of parliament on 18 April for three sitting weeks to restore the Australian Building and Construction Commission and pass another industrial relations bill.
“If the Senate fails to pass these laws, I will advise the Governor-General to dissolve both Houses of Parliament and issue writs for an election,” he said.
The 2016 federal budget will be moved to 3 May in order to facilitate the extra sitting weeks.
According to the Australian Constitution the government has until 11 May to call a double dissolution election.
I’m covering this surprise announcement and the reaction to it here with our deputy political editor, Katharine Murphy, to pick up the coverage shortly.
Get in touch in the comments below or at @safimichael
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