Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Guardian - AU
The Guardian - AU
National
Amy Remeikis

Government loses 'de facto confidence' vote as medevac bill passes – as it happened

The crossbench celebrate the passing of the medevac bill. Tuesday 12 February 2019.
The crossbench celebrate the passing of the medevac bill. Tuesday 12 February 2019. Photograph: Mike Bowers/The Guardian

What. A. Week.

And yes, I know it is only second Monday. But holy moly, for a first day of parliament, that was a doozy.

And it ain’t over yet. Tomorrow, the Senate battle looms.

My eye is already twitching.

We are going to call it a night, but we’ll all be back early tomorrow morning. A massive thank you to Mike Bowers, Katharine Murphy, Gabrielle Chan and Paul Karp for all the intel, humour and food, and of course to the Guardian brains trust, who do more than you could ever know to keep this little project moving.

Thank you to everyone who followed along with us today. It was fast moving and, at times, confusing and contradictory, so thank you for your patience as we worked out exactly what was going on. We’ll be back just before 8am tomorrow. In the meantime – take care of you.

Updated

And of course, Mike Bowers is still here.

Prime Minister Scott Morrison at a press conference in the blue room of Parliament House, Canberra this evening
Prime minister Scott Morrison at a press conference in the blue room of Parliament House this evening. Photograph: Mike Bowers/The Guardian
Scott Morrison – triple exposure shot in camera
Scott Morrison – triple exposure shot in camera. Photograph: Mike Bowers/The Guardian
And the exit
And the exit. Photograph: Mike Bowers/The Guardian

Updated

Outside the trashfire that was the parliament today, the end of days appeared to have arrived:

A dust storm obscures Mount Ainslie shot from Parliament House forecourt this evening
A dust storm obscures Mount Ainslie shot from Parliament House forecourt this evening. Photograph: Mike Bowers/The Guardian
Framing the apocalypse
Framing the apocalypse. Photograph: Mike Bowers/The Guardian

Updated

A bit more from that 7.30 interview:

Question:

Do you think that most believe that a bill allowing for the evacuation of sick refugees will open the floodgates to boat arrivals on our shores?

Dutton:

Well Leigh we saw it when Mr Rudd came into government in 2007, when he said he wouldn’t unravel the successful policies of John Howard. We saw 50,000 people arrive. We saw 8,000 children go into detention and it has taken us six years to clean up Labor’s mess.

Question:

Are you saying that’s what will happen under Labor’s bill?

Dutton:

I believe we will see boats. I think there is no question that people smugglers will be hearing very clearly that the policy in Australia has changed and I think we need to be very cognisant of that. I’ve met tonight already...

Question:

Sorry to keep interrupting, but I want to pick up on the points that you’re making. But for your theory to be true, people smugglers will have to offer a product like this – you can get on a boat to Australia, but there is a high chance that you might be turned back, if you’re not turned back, you might be sent to Nauru and Manus. You might be able to get a medical evacuation [if you can get two doctors and a panel to say you need one]. If you get to Australia you might be able to lodge a court action and find yourself staying in Australia [in detention].

That doesn’t sound like an attractive product?

Dutton:

Well Leigh people are drowning on the Mediterranean. There are 1,200 people who drowned trying to get to Australia last time. That’s the risk...

Question:

You’re saying as a result of this policy, it is making things more attractive for people to come to Australia. It is an unattractive product.

Dutton:

No, this puts Australia back on the map for people smugglers and Bill Shorten has that on his shoulders.

That’s the reality what we have seen in the House tonight. We have got four kids left on Nauru who packed their bags ready to go to the United States.

Nobody in detention on Nauru or Manus. We’ve closed 19 detention centres and Mr Shorten, along with the Greens tonight, has taken a decision that he will unravel that success.

He has announced also, I must say, if boats arrive, that those people are going to Manus, going to Nauru. What’s the point of getting people off Manus and Nauru if you’re only to fill them with new arrivals the following week? And I think Mr Shorten doesn’t yet understand the full consequence of his decision tonight, but I think the Australian public do.

Question:

The bill only applies to people who are currently on Nauru and Manus, how is it going to make it attractive and fill the place?

Dutton:

At the last election Bill Shorten was saying there was no difference on Operation Sovereign Borders between the Labor party and the Liberal party...

Question:

No, that’s not what I asked.

Dutton:

The point I’m making is you couldn’t believe what Bill Shorten says when it comes to border protection. He says one thing before the election and he does the opposite after. If Mr Shorten is elected in May, this policy will apply to people newly arrived on Nauru. It will be a disaster. It will put kids back into detention and Mr Shorten will have to explain that failing if he is elected prime minister to the Australian people.

Question:

Hasn’t the government created this situation for itself by not dealing with the 1,000 people who are on Nauru and Manus?

Dutton:

No, that’s false. We have got an arrangement with the United States where we now have about 500 people that have gone there...

Question:

My point was about the timeliness?

Dutton:

I would want people off Nauru and Manus. People that have come from Iran and found not to be refugees. We need to settle people in third countries and it was not the Labor party but our government that created the opportunity for people to go to the United States, we’ve not ruled out people going to New Zealand in certain circumstances.

So, yes, we’ve dealt with a very difficult situation over a period of time, but we have done it in a way that hasn’t seen kids drown. I haven’t put one child into detention or Nauru. I have got every remaining child, as Scott Morrison stated, out of detention in Australia and I don’t want to go back to those bad Labor days and I worry that Mr Shorten has fired the starting gun again for people smugglers.

Updated

That leads to this exchange:

Question:

As home affairs minister, will you abide by the amendments on medical evacuations that passed today?

Dutton:

Of course we will. The law will be abided by as it always is. We brought a significant number of people here either for medical attention or people in a family unit to support the person coming here for medical attention, but I am worried about the consequences of the deal that’s been struck between Mr Shorten and The Greens tonight...

Question:

Can I interrupt. I want to interrupt you because I want to pick up on something which is about already bringing people out for medical attention. Isn’t there inconsistency that, it has been OK for you to do that, but it will, if Labor and the crossbenchers have their way, it will be opening Australia’s borders?

Dutton:

Under the arrangements that Mr Shorten and the Greens passed through the House of Representatives tonight, we have people that can come to our country from Manus or Nauru. People that have been charged with child sex offences or have allegations around serious offences including murder.

Question:

And how many of those are on Nauru and Manus?

Dutton:

I would suggest to you that Australians don’t want those people...

Question:

How many are on Nauru and Manus. People charged with serious offences like child sex offences?

Dutton:

We will release that detail if it is appropriate.

Question:

I’m asking you as the minister tonight.

Dutton:

The government’s approach is to make sure that the government determines who comes to our country and who doesn’t.

The Labor Party has clearly abrogated that responsibility and they are at the moment in reckless territory and I think Bill Shorten realises that, but the option for him was to see the left go completely off the reservation and he chose not to side with national security and I think it is a very dark day for the Labor party.

Updated

Peter Dutton has found his way into the 7.30 studios.

He echoes Scott Morrison with his belief that this is not a trigger for an early election.

No, the independents have been clear about the fact that they support the government on the question of confidence and Kerryn Phelps said today that she would not support a no-confidence motion.

What the vote was about today was a demonstration of whether or not Bill Shorten is capable of leading this country on the issue of board he protection. Clearly he has failed that very significant test and I think most Australians now see fortunately before the election, unlike the case with Mr Rudd, a Labor party unravelling a successful border protection policy. That’s a disaster for our country.

But despite the government saying it is an issue which is detrimental to border security, Dutton says he doesn’t believe it is an issue of ‘vital importance’, as in an election trigger.

We have got kids out of detention. We have medical staff up on Nauru for a population of 400 people.

The claims are false in relation to the medical attention that’s required. This is about Mr Shorten trying to appease the left of his party.

Mr Shorten has chosen for, you know, the choice between trying to get the politics settled in his own ranks, he has chosen that option over the option of what is in our country’s best interests and I think he stands condemned for his actions tonight.

Updated

On the Senate numbers:

Labor is a yes.

Centre Alliance is a yes.

The Greens are a yes.

Tim Storer is a yes.

Last year, Derryn Hinch was a yes. Now, he’s a let me take a look at get back to you.

All of the December 2018 Senate ayes would need to sign off on the amendments which have come from the House.

Which means they need Hinch.

Because it is very unlikely anyone from the government, One Nation, Brian Burston, Fraser Anning, David Leyonhjelm or Cory Bernardi are going to suddenly change sides on this.

Updated

And from Centre Alliance:

Centre Alliance welcomes today’s vote on the amended asylum seeker medevac bill.

Federal Member for Mayo Rebekha Sharkie said today’s passage of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 in the Lower House was a sensible and considered outcome for a humanitarian issue that has dragged on for too long.

“This is good legislation that provides a medical solution for a medical problem,” Rebekha said.

“It addresses the concerns of national security and insufficient timeframes and it ringfences the legacy caseload of those people left on Manus and Nauru for more than five years.”

Centre Alliance’s Immigration spokesman, Stirling Griff, said the Government should be ashamed that the Parliament has been forced to do what it would not.

“It is appalling to think that some asylum seekers have been in offshore detention for more than five years and that their mental and physical health has been allowed to degenerate to such an extent that we have had to resort to this Bill,” he said.

“The Government might like to claim victory for having finally removed children from Nauru but it should hang its head in shame that it did not do so earlier, and not before some children had attempted suicide and were in a catatonic state – and will suffer ongoing PTSD as a result of their experience – all under this Government’s watch.”

Rebekha said the compromise legislation passed in the Lower House completely negated the argument this legislation would act as a pull factor for people smugglers and open the floodgates.

“Let’s be clear. Operation Sovereign Borders has not ceased and nor is it diminished in any way,” Rebekha said.

“No new asylum seekers have arrived at Manus or Nauru since 2014 – although I note that 34 boats have been turned back or returned to their country of origin.

“Australia needs to take responsibility for those they have detained on Manus and Nauru.

“This legislation deals only with those who have serious medical issues and it offers no permanent pathway to a new future.

“It aims to provide temporary medical support for those needing critical care.

“We now call on the Government to revisit the offer from NZ to resettle a large portion of those on Manus and Nauru so we can deal with this legacy issue.

“People should not have to face a lifetime in detention.”

Updated

Scott Morrison finishes with this:

Right now – I should say still right now – the bill has not gone through the Senate.

The provisions that relate to character, the provisions that relate to criminal conduct and all of these are stronger than what has gone to the parliament tonight.

It is, as I said, there was no form of this bill that made our borders stronger and, frankly, there was no form of this bill that made it more humane.

There are more than 60 medical professionals and medical-related staff on Nauru.

More than 60, per head of population, in terms of those they are treating, you will find that to be greater than any part of this country. There are no children on Nauru other than the four that have their bags packed to go to the United States.

Don’t kid yourself out there to the Labor party and those who voted for this bill today and those who will do it in the Senate.

Don’t kid yourself that somehow you have improved the situation, you’ve only made it weaker.

What you’ve done today is say to the Australian people and Bill Shorten in particular and the Labor party that you’re prepared to trade on these issues, trade on these issues to compensate for your very real weakness and the Australian people have looked at Bill Shorten today and they’ve found him weak – and he is.

Updated

My eyes are a little crossed at this stage, but I am pretty sure that Christopher Pyne said earlier, when he was referencing the English civil war, that this move trashed, like, 109 years of parliamentary tradition.

But I think Scott Morrison said it was no big deal because the Coalition did the same thing to Labor in 2013?

The answer, obviously, can only be vodka.

Updated

Why not call an election now?

There’ll be the opportunity for that in May and the Australian people will have an opportunity to decide on, not only these issues in May, because Bill Shorten and the Labor party have made it crystal clear that, at the next election, Australians will be deciding, once again, as they did in 2013, as they did in 2001, about whether they want the stronger border protection policies of the Liberal and National party or they want the weaker border protection policies of the Labor party. And in 2001 and in 2013 I thought they sent a very clear message.

He reiterates he does not consider this to be a de facto no confidence motion.

Updated

On whether he believes it to be a de facto vote of no confidence:

No, of course it isn’t. I refer you to Kerryn Phelps herself. This was not what that vote was about this evening. If the Labor party want to move such a motion, they should feel free to do so and it will fail. How do I know that?

Because the independents have made that very clear. So it cannot be contorted into that type of an outcome.

It was back in 2013, I’ll reference it specifically if you like? Back in February of 2013, opposition amendments were passed, so this is just back in 2013, opposition amendments were passed on a superannuation legislation bill, service providers and other government measures bill, in very similar, if not the exact same, circumstances as these and the minority government, which was a Labor government at the time, was defeated.

As for the historical precedence, there has been a lot of hyperbole about these things.

The historical precedence need to be put into context. When I made the remarks I did earlier in the week, this is not a matter that goes to the issues that you’ve raised and that’s why it’s not a matter that I intend to act on with those types of consequences. I’m going to get about the business that I’m about every day and that is to ensure we strengthen our economy, we make Australia more secure and we keep Australians together and we do the job we were elected to do.

Updated

On what happens now, Scott Morrison says:

My job now, as prime minister, my job up until now, I should say, is to do everything that was in my power to prevent these laws that weaken our border protection, that make all of us less safe when it comes to how our borders operate and now run the very real risk of seeing the boats run again and, believe me, every arrival is on Bill Shorten and Labor’s head, every arrival, every risk is on his head.

To answer the question David has put to me, my job up until now has been to prevent those bills passing and those bills have gone through the House of Representatives.

My job now is to work with our border protection and security agencies to do everything in my power to mitigate the damaging impact of what Labor have done tonight.

The minister for home affairs and minister for immigration, citizenship and multicultural affairs are meeting now with our border protection command to work through the contingency planning that we have been putting in place for this outcome.

This outcome was not unexpected to me and, as a result, we have been putting contingency planning in place and I’ll have more announcements to make about the actions and decisions the government will be taking to address now the risk and the threat that Labor and Bill Shorten have created.

Updated

Scott Morrison says the bill will “follow the normal process” – which means he will not attempt to stop it from getting royal assent.

Scott Morrison:

So it is a test that the Labor party and Bill Shorten have failed tonight. I made it very clear that the Liberal and Nationals parties would not be budging when it came to the issue of border protection in this country.

We have had to clean up this mess twice. The Labor party, when they have the opportunity, only break what has been fixed and they have been demonstrating that again tonight in the parliament.

Votes will come and they will go, they do not trouble me. Where we will always stand and the Australian people can always trust us to do is to have the metal to ensure the integrity of our border protection framework.

Bill Shorten and the Labor party demonstrated tonight that they have no such metal, that they will easily compromise these things.

They will be blown about by the winds of whatever may push them one way or the other. He cannot be trusted on our borders and Australia cannot trust Bill Shorten to make Australia stronger. He will make it weaker.

Updated

Scott Morrison:

What happened in the parliament tonight was proof positive that Bill Shorten and the Labor party do not have the mettle, do not have what is required and do not understand what is necessary to ensure that Australia’s border protection framework and broader national security interests can be managed by the Labor party.

The Labor party have already said that if they are elected that they will return to the policy of providing permanent visas, permanent visas that lead to citizenship for people who arrive or enter Australia illegally. That is the first tranche of the border protection framework that we put in place in 2013.

They have said that they will abolish that and they will restore providing permanent visas to people who illegally enter Australia.

Tonight - and I should say last year - the Labor party voted on that occasion, in the Senate, without even taking any advice when it came to the national security implications to abolish offshore processing as we know it.

This is the second tranche of the border protection regime that we have put in place.

Now the Labor party may want to think that what they’ve done tonight doesn’t do that and it only demonstrates their lack of understanding about these issues. The Labor party have shown Australia tonight that they cannot be trusted on the second of those core planks of the border protection framework that have been so successful in stopping the deaths, getting the children off Nauru, getting children out of detention, ensuring that we could restore certainty and stability to our refugee and humanitarian intake.

So when Bill Shorten tells you and the Labor party tells you that they can be trusted to turn back boats where it’s safe to do so, I think the Australian people got their answer tonight. He can’t be trusted to do that either. The Labor party and the Liberal and National parties are not on the same page when it comes to border protection.

There is no bipartisanship on this issue. The Labor party have clearly demonstrated that under Bill Shorten’s leadership. They want to go a different path and what we saw tonight was that, yet again, the Labor party have failed to learn their lessons of failure when they have had responsibility for border protection in this country.

They have demonstrated, yet again, that they just don’t understand how to protect Australia’s borders. The importance of the outcome of protecting those borders is to ensure we avoid the human carnage of what we saw last time Labor had this opportunity.

Updated

Scott Morrison press conference

The prime minister says what happened tonight was “proof positive” the Labor party did not “have the mettle” to lead the nation.

The timing of the bill returning to the Senate is most likely to be tomorrow morning.

The Senate adjourns in about 20 minutes, so it won’t be tonight (most likely).

The chamber comes back at 9.30 tomorrow morning. That is when the fun will begin.

Updated

Asked if Labor will rule out a vote of no confidence, given the loss of the vote, Tony Burke says “no opposition would ever rule that out”.

He says the key to whether the prime minister considers this a de facto vote of no confidence, he would have to decide if it was an issue of “vital importance”.

Burke said it would be “extraordinary and without precedent” for a government to withhold royal assent – ie, not taking it to the governor-general.

He indicates that would be a trigger for no confidence

Updated

Tony Burke says the government pulled “an appalling act” and a “cheap stunt” to stop the bill, but that Tony Smith “to his credit”, “did his job” and made sure all the members had all the information they needed to make their decision.

Bill Shorten is in a shadow cabinet meeting, for those wondering why he is not the one fronting the cameras here.

Updated

Anthony Albanese says “so many Australians have concerns with what is being done in their name” to people under Australia’s care.

He says Labor listened to the advice and was prepared to compromise to make sure that the final outcome met all the requirements of border security and more compassion.

Updated

And over in the Senate Tim Storer, who also played an instrumental role in getting this bill to this point, had this to say:

Sick people in our care are now one step closer to get the quality of medical treatment they need, without jeopardising our borders.

I am pleased to have been part of a process which has seen the Australian parliament at its best.

None of those involved in the discussions which led to the amendments carried by theHouse of Representatives got everything they wanted.

But, members of a number of parties, as well as independents, like myself, came together to achieve a result which should help sick people on Nauru and in PNG get the medical attention that we would expect for ourselves.

These amendments would not have been necessary had the government not tried to use the courts to stop sick people coming to Australia for treatment.

These amendments should bring this heartless practice to an end.

Despite the government’s efforts, more than 800 sick people have been brought to Australia for treatment, either by court order or by application to the court, without the people smuggling trade resuming.

There is no reason to believe these amendments will change that.

The government should accept the decision of the majority of members of the House of

Representatives and the Senate – and allow the amendments through the upper house as quickly as possible.

The people of Australia will not thank them for any attempts to delay this considered and humane measure.

Updated

Behind the scenes were the human rights and refugee advocates.

Here is what they had to say (as per their joint statement)

Hugh de Kretser, Executive Director with the Human Rights Law Centre:

Today we saw politics at its best with MPs across the floor working together to ensure a humane solution. The current medical transfer system is broken. People needing urgent medical assistance have severely deteriorated and even died. Notably, the coroner found that the death of young man Hamid Khazaei was caused by medical failure and delays. We need to stop risking lives. We now call on the Senate to pass this bill as soon as possible.

Kelly Nicholls, Refugee Council of Australia (RCOA) spokesperson:

The safety of lives must always come first. Doctors have been ignored for too long. People have died as a result. Pregnant women with complications have had to wait dangerously long to receive the treatment they need. Rape survivors have to had to have traumatic late-term abortions due to government blocks. This bill changes the response to medical emergencies in offshore detention on Manus Island and Nauru.

Kon Karapanagiotidis, CEO, Asylum Seeker Resource Centre:

Today is a landmark day. It is a victory for the national conscious of our nation and the triumph of compassion over the politics of fear and cruelty. Finally, the rights of people that we promised to protect and care for, while seeking sanctuary have been realised today.

Shen Narayanasamy, Human Rights Director with GetUp:

This is a watershed moment in Australian political history – because the 15-year trajectory of cruelty towards asylum seekers has ended. We thank the millions of people across this country who have fought so long for this victory and remember those people who have died in our name, that this bill would have saved.

Brad Chilcott, Founder, Welcoming Australia:

This bill simply ensures that people who need medical treatment get the care they need in order to save lives and alleviate suffering. The rest is political chicanery and fear-mongering.

We congratulate those in the Labor, Greens and on the crossbench who have worked together to find consensus and call on the government to join them by putting human lives above any political considerations and allow this bill to swiftly pass through the Senate.

Updated

Andrew Wilkie has put out a statement:

The passing of the medical transfers bill is wonderful news for sick asylum seekers and refugees incarcerated in Nauru and on Manus Island. While offshore processing remains systemically cruel and illegal, at least this reform goes some genuine way to limit the cruelty and provide an alternative pathway to the court system.

Today’s vote is also a triumph for our democratic system because the parliament worked as it should. A majority of members represented their communities and worked cooperatively in the public interest.

But this is just the beginning. The inhumanity and illegality will only ever be fully remedied when offshore processing is abolished, and when we’ve put an end to the other diabolical elements of Labor and Liberal policy like mandatory detention, towbacks and temporary visas.

Updated

Anthony Albanese and Tony Burke have called a press conference for 6.45pm.

Scott Morrison has called one for 7pm.

I have needed to go to the bathroom since 11am, but no one cares about that.

This is what Anne Twomey was referring to

Which is why the commentary has been around a “substantive” legislative vote. Which was the Stanley Bruce government’s in 1929.

So, to be clear – the Fadden government lost a budget amendment, which was seen as a de facto no confidence motion (lost control of finances) in 1941 and the Bruce government lost a vote to give it more power over industrial disputes, a substantive piece of legislation in 1929.

Both went to an election.

Again, Scott Morrison has said he will not do that.

Updated

Narrator: It wasn’t.

As seen by Mike Bowers:

The government is defeated during divisions
The government is defeated during divisions Photograph: Mike Bowers/The Guardian
Prime minister Scott Morrison and Home Affairs minister Peter Dutton during divisions
Prime minister Scott Morrison and Home Affairs minister Peter Dutton during divisions Photograph: Mike Bowers/The Guardian
The cross bench celebrate the passing of the medevac bill
The cross bench celebrate the passing of the medevac bill Photograph: Mike Bowers/The Guardian

It is only the first day of parliament.

The Morrison government has become the first since 1929 to lose a substantive vote on the floor of the House.

The last time that happened, the Stanley Bruce government called an election the next day.

Scott Morrison has already said he will not be doing that. Labor took out the renumeration issue, which took away the constitutional issues, and means the government has not lost control, even nominally, of the government’s finances.

The majority of the crossbench have said they are not interested in a no-confidence motion and they want the government to go full term.

Someone would have to move a no confidence motion and then that same majority would have to support it.

As for the bill, it heads back to the Senate, where there are the numbers to pass it. But that doesn’t mean it won’t be a long and drawn out process in terms of filibustering.

Government suffers historic defeat on substantive legislation.

That one is another win for Labor and the crossbench. It is done. The bill has passed the House.

Cheers and applause break out from the gallery as the MPs leave the House.

Paul Karp is in the chamber:

For those who missed Scott Morrison’s speech

Labor and the crossbench win that one, 75 to 74.

The vote moves on to agreeing to the amendments Bill Shorten has put forward.

No one moves from their seat.

Labor has circulated the amendments, and they look like the ones that Murph reported on earlier.

With this add-on:

(4) A person is not entitled to remuneration in respect of their position as a member of the panel.

Updated

The crossbench look to have sided with Labor in the vote to bring Bill Shorten’s amendments to a vote, now.

This would be the third vote the government loses on this.

A Labor MP just messaged to say they are keeping an eye on Christopher Pyne to see if he attempts to run off with the mace Brexit-debate style.

I think they are only half joking. Things are quite tense on the government side.

We are talking about a historic loss. The last time this happened, no one in that chamber was alive.

Updated

That was quite the speech from Scott Morrison. I’ll bring you some when I get a moment to transcribe, but he is not happy.

The House is dividing.

This is a group of people who were very aware of the visual impact they would be called upon to make today.

Scott Morrison urges parliament to reject bill

The prime minister has come back into the chamber to argue against the amendments.

He says it is “not the first time” Labor has “failed the test” on border protection.

It’s less than a minute in and you can tell he is fighting against the yell.

Updated

And another reminder – if this bill passes the House, and it is looking like that is going to happen, then it goes back to the Senate.

That sound you hear is the filibustering engine starting up.

Bill Shorten is moving a motion to amend Christopher Pyne’s reject the Senate amendments motion (stay with me) to have the House agree to the Senate amendments.

Which, in short, means we are inching closer to the proper debate and vote on the medevac bill.

This is actually something that happened.

The government benches are looking very down.

Christopher Pyne’s “they will rue ...” is not even enough to unfurrow the brows.

“They will rue the day they established the precedent ... something, something angry.”

Updated

Christopher Pyne is both angry AND disappointed.

Christopher Pyne is VERY upset by this.

He is referencing England’s civil war, where Charles I tried to put in a ship tax, and the parliament was all “yeah, nah” and the country went to war.

I’m not sure anyone on the other side of the chamber cares.

Updated

But basically, Labor and the crossbench defeated the government’s attempt in the parliament to have this bill declared unconstitutional.

That’s not a small deal.

It is not over yet - Christopher Pyne is now attempting to move a motion that the Senate amendments be disallowed.

Labor and the crossbench win that one as well. There is applause from the gallery.

Updated

This vote is the “get on with it” motion Tony Burke has put forward (taking away the renumeration from the independent health panel to get around the section 53 issue).

Updated

No one moves, and Labor and the crossbench win that one as well.

Just a reminder the last time a government lost a substantial legislation vote was 1929.

Ayes won 75 to 74.

Now it is time for Tony Burke’s amendments – looks like this is coming to the vote (minus the renumeration of the panel, which removes the money bill issue)

From the Live Minutes, it looks like this is the vote on amending Christian Porter’s motion, to include Tony Burke’s amendments. If that makes sense.

(Basically, Labor wants to amend Porters KILL IT WITH FIRE motion to get on with it)

It looks like everyone is present and accounted for.

The division bells are ringing.

The first one is on the motion from Christian Porter to kill it.

Then there is the amendment Tony Burke put in.

As Katharine Murphy has just noted, Tony Burke has foreshadowed that Labor and the crossbench can amend the bill to specify that the medical panel not be paid.

Constitutional law academic George Williams told Guardian Australia that would be an effective way to circumvent the section 53 constitutional problem by “removing the offending clauses” so there is no appropriation.

He said: “The only other option is to seek to change the bill in some way – you can put something in the bill to say they will receive no remuneration. You can get caught up in section 53 or seek to avoid the problem, and I think in this case the latter might be more pragmatic.”

Updated

Government MPs have just received a message from whip Nola Marino;

Would Members please support the Ag in the HOUSE now if you can please. Thank you.”

So the short version of that is, Tony Burke is saying we are going to amend it so the panel doesn’t get remunerated – taking away the money issue.

He’s saying let’s just get on with it.

Tony Burke is now arguing Labor’s case.

He says if the government had confidence in its arguments, he would not have asked the Speaker to keep the advice confidential.

Here is what Anne Twomey told Sky a little earlier:

Christian Porter says it is not a “technical” question, but one that is clearly laid out in the constitution.

He says if the House passes the bill, it will give the power to control finances to the Senate.

“Everything that we do here has a consequence,” he says.

Christian Porter is attempting to convince the House to vote the bill down.

He has warned against the “haste” in which the amendments were created.

“I will leave it in the hands of the House over how to proceed,” Tony Smith says.

The bill is up for debate in the House.

Tony Smith is making a statement on the constitutional circumstances of the bill.

Passing bill a potential 'no confidence' in government - constitutional expert

Right. Stakes are RAISED.

In the last 10 minutes, we have reached de-facto vote of no confidence territory.

Why?

As Anne Twomey, one of the nation’s best constitutional experts, told Sky:

“... If the bill actually gets passed against the wishes of the government, that would be an indication that the government has lost control over the finances of the country.

“Now that is critical, in terms of confidence in loss of government.

“... Back in 1941, the Fadden government fell when its budget was reduced by one count. It just needs to be a nominal showing of the fact that the government has lost control of the finances.

“So on the one hand, raising this may cause the House to decide, well, in the circumstances, we won’t pass it in this form and so [doesn’t] proceed, on the other hand, if it fails on this point, it is actually putting itself in a more vulnerable position in regards to the issue of confidence.”

Updated

To address one potential query – if the problem is that medical panel members would be paid, does the constitutional problem go away if they work for free?

Solicitor general Stephen Donaghue’s advice addresses the point by noting that the Remuneration Tribunal Act creates an obligation on the tribunal to determine the pay of people holding public office. Although the medevac bill itself doesn’t contain provisions about pay, it will cause an expense to be incurred.

The government could exclude panel members so that they aren’t paid, but Donaghue said he is “instructed that the government has no intention of making such regulations”.

It seems to make good the section 53 constitutional point, the government has said – yes, panel members will be paid.

Updated

And then

Turns out it is not too late to say you are sorry

House can still pass legislation – the advice fine print

Solicitor general Stephen Donaghue’s advice is that the medevac bill breaches section 53 of the constitution but he ultimately says it is up to the House of Representatives what to do about that, so the advice is unlikely to stop the bill in its tracks.

Section 53 provides that the Senate “may not amend any proposed law so as to increase any proposed charge or burden on the people” – that is, cause more money to be spent.

Donaghue notes the bill would create an independent health advice panel, whose members the remuneration tribunal would be required to pay out of consolidated revenue.

He concludes that the “better view is that the Senate amendments did contravene section 53 of the constitution”.

But Donaghue adds a significant caveat – that the high court has ruled that section 53 is a procedural provision in which the court does not interfere.

He says:

“In circumstances where the question of compliance with s53 of the constitution is non-justiciable, the ultimate arbiter as to the operation of that provision is the parliament ...

In light of the above ... it is ultimately for the House of Representatives to decide whether it considers the Senate amendments to be consistent with s53 and, if not, how it wishes to respond to the contravention of that provision.”

From a quick check of Donaghue’s reference to page 449 of the House of Representatives Practice (7th edition) it seems the lower house has lots of options, including remaking amendments on the same terms, refraining from judging whether the bill is unconstitutional and agreeing to the amendment, or “making no objection in view of uncertainties of interpretation”.

So this is not a insurmountable barrier if the lower house is still up for passing it.

Updated

In processing the plot twist, let’s start with the attorney general Christian Porter’s advice to the Speaker, which is dated February 10.

“The government considers that as the Senate amendments do not observe the requirement of the constitution, they must be properly set aside,” he says.

Porter says the direct legal effect of the Senate amendments passed last December is “to dictate an increase in expenditure under an existing appropriation. As such, the Senate amendments contravene the third paragraph of section 53 of the constitution”.

(In simple language, this means money bills are supposed to originate in the House, not the Senate. Remember too the medical evacuation bill is an amendment to government legislation, it is not a private member’s bill introduced by Kerryn Phelps, even though it is referred to routinely as the Phelps bill).

Porter says if the House passes the bill this afternoon, it would “contravene both sections 53 and 56 of the constitution, and subvert centuries of Westminster tradition by which financial initiative lies with the government, and money bills must originate in the lower house.”

On that basis, the only course of action is “to refuse to entertain the Senate amendments to the omnibus bill”.

Porter then asks the Speaker, Tony Smith, not to circulate the advice. Porter says it is provided “on a confidential basis for the limited purpose of assisting you in your consideration of the Senate amendments”.

Smith declined that kind offer and circulated the advice.

Updated

It was only February 5 that Scott Morrison said he didn’t care if the government lost this vote:

If we lose that vote next week, so be it. We won’t be going off to the polls,” he said on Tuesday night.

The election is in May. I will simply ignore it and we’ll get on with the business.

But I’m not going to be howled down by the Labor party, who want to dismantle a border protection system I had a key hand in building.

The solicitor general’s advice is dated February 7.

Christian Porter wrote to the Speaker on February 10, asking him to keep that advice secret.

Tony Smith wouldn’t do it, which is why we know about it.

So I guess it wasn’t “so be it” after all.

Updated

Speaking to the ABC, Richard Di Natale said the House should get on with the job and pass the legislation – “just get on with it” and let it be challenged in the high court, if the government believes it to be unconstitutional.

“The solicitor general has got it very badly wrong in the past; our job is to get on with it and legislate and help those people,” he says.

Updated

In short... it’s complicated.

Mike Bowers tells me Stuart Robert “is crying” in the House.

He’s talking on Labor’s matter of public importance, which is on the misconduct of the banks.

Updated

Tony Smith told us this advice was dated February 7.

Basically, money bills need to originate in the House, not the Senate. That’s because of the “burden” on the taxpayer.

Let’s remember this is the advice from the solicitor general, who also advised the government that the section 44 MPs were fine. It’s legal advice and can be wrong.

Ultimately, it is only the high court which can decide what is unconstitutional.

Updated

Government legal advice says medevac 'unconstitutional'

The gist of the advice the Speaker was talking about is the bill is a “money bill” which can not have been introduced in the Senate without offending section 53. But there are caveats. It’s quite a few pages. We’ll get through it and then let you know

Updated

Speaker tables solicitor general advice on medevac bill

Speaker Tony Smith has received a letter from the attorney general, Christian Porter, on the medevac bill, which includes advice from the solicitor general. Porter asked Smith to keep the advice confidential. Smith says, as Speaker, he needs to table it. And so he is.

Plot twist (but what, we don’t yet know):

I have received correspondence from the attorney general dated 10 February and attached opinion from the solicitor general dated 7 February relating to the Senate’s amendments to the Home Affairs’ legislation amendment miscellaneous measures bill 2018.

The Senate message relating to this bill is to be reported after the matter of public importance.

Which is why I am giving this initial statement now, for reasons that will become obvious. I have determined that I will table the correspondence from the attorney for the information of honourable members.

When I table that correspondence at the conclusion of my statement, members will see that the attorney general, in his letter to me, states that the opinion he attaches to his correspondence from the solicitor general is provided to me on a confidential basis, and to quote the attorney general, quote, ‘I would appreciate you not circulating it further.’

I have advised the attorney general that as Speaker, it is important that I ensure in this instance material available to me is also available to all members of the house.

As a consequence, I have also decided to table the solicitor general’s opinion.

Copies of the tabled documents will now be available at the end of the table.

And yes, we are running to the tables office.

Updated

Greg Hunt finishes a dixer, and despite only 50 minutes of questions, Scott Morrison stops question time (also, I imagine, stopping Labor from asking Stuart Robert another question which would be allowable).

Updated

But David Littleproud and Joel Fitzbibbon both managed to agree with each other on the need to work together when it came to the flood response in Queensland, with Littleproud thanking Queensland Labor premier Annastacia Palaszczuk and Scott Morrison for working together to make sure immediate financial relief reaches the farming communities.

Sometimes, this place can work how it is supposed to.

Another question to Stuart Robert is ruled as being out of order, because of a preamble.

Scott Morrison mouths something like “too bad” to Bill Shorten across the table.

Updated

Is this a sign?

Just sharing more of the language in the current draft of the medical evacuation bill, with the caveat that talks aren’t yet concluded, so details could change.

From the draft amendments circulated this morning, which I shared with you earlier, a note has been added.

It reads:

“Any transitory person who is brought to Australia for a temporary purpose must be kept in immigration detention whilst in Australia. That immigration detention must continue until the time of removal from Australia or until the minister determines that immigration detention is no longer required.”

The current draft amendments make it clear that the minister can override a decision to transfer a person from Nauru or Manus by the expert medical panel on security grounds, AND also if the minister “knows that the person has a serious criminal record” and “the minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct”.

The current draft says the minister must make a decision “as soon as practicable after being informed by the panel of its findings and recommendations”.

There’s a caveat though: “if the minister was informed by the panel that the person’s transfer is necessary to prevent an imminent risk to the person of death, serious illness or serious injury, no later than 24 hours after being informed by the panel of its findings.”

Updated

Mike Bowers spent some time in the Senate:

Minister for small business Michaelia Cash during question time in the Senate this afternoon, Tuesday 12 February.
Minister for small business Michaelia Cash during question time in the senate this afternoon, Tuesday 12th February. Photograph: Mike Bowers/The Guardian
Senate Labor leader Penny Wong during question time
Senate Labor leader Penny Wong during question time. Photograph: Mike Bowers/The Guardian

Updated

Mark Dreyfus to Stuart Robert:

I refer to his responsibility for taxation and administration. [And to reports] that the failed lobbying firm delivered over $100,000 to the treasurer’s infamous forum shortly before going into liquidation with debts of over $430,000, including to the tax office. Has the minister sought advice as to whether these donations were clawed back, so that the revenue can be invested into schools, hospitals and infrastructure, instead of the Liberal party.

There is some argy bargy over whether the question is OK.

Updated

A quick update from the federal court in Melbourne: David De Garis has been out of the court room for most of the afternoon as lawyers for the AWU ask the judge if they can cross-examine him.

The union’s lawyer, Herman Borenstein QC, argued earlier that Michaelia Cash’s former media adviser had been “hiding behind a mantra of not being able to recall” as he gave evidence.

Frank Parry SC, the barrister for the union regulator, the Roc, is opposing the request and the parties have been putting arguments about this since lunchtime.

The court has now adjourned to return at 9.30am on Wednesday.

De Garis will then return to the witness stand, followed by Cash’s former chief of staff Ben Davies.

De Garis earlier indicated that it had been Davies who told him federal police were set to raid the AWU’s offices.

The court heard that Friday has been set aside for Cash to give evidence.

Updated

Michael McCormack just ripped a piece of paper as he said “not worth the paper it is written on” and honestly, I think it was the first time in those three minutes three quarters of the chamber realised he was still speaking.

I swear to Rhianna, if you took a drink for every time Michael McCormack said “Mr Speaker” in his dixer responses, you would be on the floor before the first minute was up.

Clare O’Neil to Scott Morrison:

The prime minister and every member of his government voted against the banking royal commission not once, not twice, but 26 times. Why did the prime minister vote against the banking royal commission 26 times? Why did he ignore the victims of the banks to protect the top end of town, and prime minister, why can’t you just say you’re sorry?

Josh Frydenberg is back:

The question is, is the leader of the opposition sorry for the 10,000 victims, over what happened [in] the Storm Financial crisis?

The reality is, we on this side of the house provided a comprehensive response to the Hayne royal commission. We are taking action on 76 recommendations. We are putting in place protections for Australian consumers. Greater accountability measures for the financial system. We are ensuring our regulators are fit for purpose. When the leader of the opposition was the financial services minister, he said they were the best in the world. We are taking action to make sure people get redress. An opportunity to be heard and compensated where they have suffered misconduct. There is a clear contrast. Those opposite are playing politics.

We are getting on with taking action. We are getting on with ensuring that the financial system, the interest of consumers, are put first. We understand the misconduct that has occurred, which has been documented in detail by the royal commission, broken businesses and broken lives. Profits put ahead of people Mr Speaker. Greed that led to those outcomes. That is why we are taking action on all 76 recommendations. As for the Labor party, either they do know what they are waiting for, I’m not sure who they are trying to appease, but with double the time to consider the royal commission, they haven’t produced the response.

Updated

Anne Aly has pulled out the fidget spinner to get through this next dixer.

Tanya Plibersek to Scott Morrison:

The prime minister voted against the banking royal commission 26 times, tried to give the big ranks a $17 billion handout, and is now delaying action on the banking royal commission until after the election. Isn’t it the case that this prime minister just cannot be trusted when it comes to the banks, because he is only ever interested in looking after the top end of town?

Josh Frydenberg takes it:

There is only one side of politics in this house which is getting on with taking action on the 76 recommendations, Mr Speaker. It is we on this side of the house, taking action on the 76 recommendations. And those opposite who were demanding that the report be put out immediately, demanding that they see the report so they can immediately respond to it, have had the report now for eight days, and there is no response, Mr Speaker.

Let me read to you what the member for Hotham said eight days ago. The member for Hotham said we will implement every single recommendation that is indeed [in the] royal commission’s report.

Well, where is the response? Where is the response?”

But that attack seems a little strange, given that the government is also accusing Labor of wanting to destroy mortgage brokers (with one of the recommendations in the Hayne report being a change to how mortgage brokers make their fee, from the banks, to the client)

Because you can’t have no response if you are also trying to “abandon 26,000 Australians working with mortgage brokers”.

Updated

Josh Frydenberg just said something about Labor putting a tax on electricity (among other taxes) and Chris Bowen wants to know WHAT TAX ON ELECTRICITY

Not even the front bench, at least in the hook, also known as flagpin corner, is pretending to be interested in the government dixers.

Probably because they have already had to repeat them ad nauseam on their local radio stations and TV interviews.

Anthony Albanese to Scott Morrison:

Is the prime minister aware that in a candid interview earlier this week the minister for defence was reported to have said, and I quote, “Malcolm is Aslan to me”.

Noting that the pathway to Narnia is through the cabinet, will the prime minister finally tell the Australian people, including the minister for defence, why Malcolm Turnbull is no longer the prime minister of Australia?

The question is ruled out of order, to the disappointed groans of most of the Labor caucus and, judging by the smiles some in the Coalition are trying to hide, some in the government benches agree.

Updated

Trevor Evans gets so excited about his dixer, he has to start it again. It’s the most interesting thing to occur within those five minutes.

Chris Bowen to Scott Morrison:

The former prime minister Malcolm Turnbull has apologised for not calling the banking royal commission earlier. Can the now prime minister confirm media reports that he was, in fact, the reason for the delay? And will the prime minister now say sorry for delaying the banking royal commission by voting against it 26 times?

Morrison:

I refer the member to my comments last year on this matter, where I made it very plain, my regret on not having called the royal commission sooner, but I reminded the member that I’m the treasurer at the time who did call the royal commission.

Labor comes alive, because it has been a long time between lols and, well, they needed one today.

Morrison:

And I’m – I’m the prime minister … who received the report of the commission and I’m the prime minister who is acting on the recommendations of the royal commission.

I’m the prime minister who, when treasurer, introduced the banking executive accountability regime.

I’m the prime minister who was the treasurer, who was with the minister for revenue and financial services, who introduced the Australian Financial Complaints Authority, and increased funding for Asic to ensure that they had the powers and had the penalties and had the resources to do the job.

When the leader of the Labor party was the minister for financial services ... What did he do? What did he do? Nothing! Did he call a royal commission? As leader of the opposition, did he even draft a terms of reference for a royal commission? No! When it comes to financial services, the leader of the opposition seized people’s problems as only a prop for political opportunism.

Updated

Second Monday just keeps on coming up with the goods – Clive Palmer is in the gallery today.

Because it is not enough that he is on billboards, every second TV and radio ad and our nightmares. He must also turn up in person.

Updated

While we suffer through the first dixer, which is on “the government’s plan for a strong economy”, let’s head to the Senate where this exchange has occured:

Senator CAMERON (New South Wales) (14:26): My question is to the minister for small and family business, skills and vocational education, Senator Cash. In May last year the minister publicly stated that she had issued instructions for a subpoena relating to court proceedings brought by the Australian Workers’ Union to be set aside. Given the minister has now agreed to appear before the court later this week on this matter, will she cooperate with the court by giving a full and frank account of her involvement in the leaking of details of the federal police raid on AWU offices to the media?

Senator CASH (Western Australia — Minister for Small and Family Business, Skills and Vocational Education) (14:27): I thank Senator Cameron for the question. Senator Cameron, you are aware that the matter is before the court, so it would be inappropriate to comment, but of course I will absolutely cooperate with the court.

Can I just make one small point in relation to what the proceedings themselves are actually about. The proceedings themselves are between the AWU and the Registered Organisations Commission. It is in relation to the proper authorisation of documents and donations made by the AWU to Mr Shorten’s own election campaign and to GetUp. Despite what those on the other side say, that is actually what these proceedings are about. The PRESIDENT: Senator Cameron, a supplementary question.

Senator CAMERON: I refer to reports that her former media adviser, Mr De Garis, has today told the court that he was informed in advance of the AWU raids by the minister’s then chief of staff, Mr Davies. Is this correct? When did the minister first become aware of this conversation between Mr De Garis and Mr Davies?

Senator CASH: Again, because the matter is before the court, Senator Cameron, it would be completely inappropriate for me to comment.

Senator CAMERON: Did the minister have any conversation with her then chief of staff, Mr Davies, on or before 23 October 2017 with regard to foreknowledge of federal police raids on the AWU? Did she at any point in these discussions discuss tipping off the media about these raids?

Senator CASH: Again, Senator Cameron, I have answered copious questions at estimates in relation to this matter. But, Mr President, as the matter is before the court, and Senator Cameron well knows this, it would be inappropriate to make further comment. But I do again remind Senator Cameron what the case is about. It is about the proper authorisations of donations made by the AWU to Bill Shorten’s own political campaign and $100,000 to GetUp. Don’t actually forget what the court case is about, despite everything you say.

Updated

Question time (finally) begins

Bill Shorten to Scott Morrison:

My question is to the prime minister: this government has created a part-time parliament by scheduling just 10 sitting days in eight months. Why is the prime minister stopping the parliament sitting for more days, which will prevent the parliament from legislating the recommendations of the banking royal commission before the election?

And after voting against the banking royal commission no less than 26 times, why is the prime minister insisting on another delay?

Morrison (not a quote)

We’ll hand down a budget surplus. You’re welcome.

He moves to the royal commission:

It’s now been seven days – eight days and we are still waiting for a response to the royal commission from the leader of the opposition. The leader of the opposition in the Labor party is [responding in principle]. Are we going to have in-principle budget if ever elected? Have we going to have in-principle border protection? Are we going to have in-principle budgets in the future. No!

Updated

And we just hit the hour mark. Question time is yet to begin.

The language in the draft amendments circulating at the moment from Bill Shorten says on timeframes: The minister must make a decision under subsection (2): (a) as soon as practicable after being notified; and (b) unless the decision is made on the ground set out in paragraph (3)(a)—no later than 72 hours after being notified.

Again, according to the current draft of the amendments, the revised time frame for determinations applies to the security assessments for asylum seekers.

The draft amendment says: “Within 72 hours of the minister being notified, Asio should advise the minister if the transfer of the person to Australia may 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) and if that threat cannot be mitigated.”


Updated

Julie Collins is now speaking about the Tasmanian fires.

Bob Katter is back on his feet.

He has a story about sandbagging.

Cathy O’Toole is also speaking on this motion (Herbert is in north Queensland, taking in Townsville.)

Bob Katter tries to speak again. I don’t know why. I am not sure if Bob knows why. Tony Smith certainly has no idea and sits him down.

George Christensen (Dawson) is now adding his speech to the motion.

There are 149 or so people in the chamber right now trying to look solemn while Bob Katter speaks on the natural disaster indulgence motion, while having no idea what the speech is about.

There are some very interesting facial contortions going on at the moment and more shifting in chairs than the occupants of a kids table on their last warning before dessert.

We are rapidly approaching the 45-minute mark in what should be question time ... and not a single question has been asked as yet.

Updated

Bob Katter, whose electorate of Kennedy is among one of the worst impacted by the floods in north and western Queensland, said it is a “great honour” to be able to speak on this area, which makes up “one tenth” the surface area of Australia.

The House moves on to a motion acknowledging the natural disasters across the country.

Over in the Senate, the government, seemingly sensing a deal is very close to being struck on amendments to the medevac bill, are now talking on the Greens motion – including Mathias Cormann, who rarely speaks himself on stuff like this.

What that does is delay the government reaching its own legislative agenda. Which delays any other business, if you are picking up what I am putting down.

Updated

It is inching closer

Scott Morrison is now moving a motion acknowledging the 10-year anniversary of the Black Saturday bushfires.

Updated

Yes, even Bob Katter is in the parliament.

Just as an update, everyone is in their seat. Ann Sudmalis and Jenny Macklin are back from their New York UN exchange.

Quips aside, a bit more from Cory Bernardi and the filibustering on demand:

“It really depends on what it ends up like, but I am opposed to the bill as it stands,” he tells Guardian Australian political editor Katharine Murphy.

Updated

The chamber has been called to order.

It’s dealing with a few condolence motions first, so question time is a few minutes off.

Just a quick by-the-by on the asylum bill before we enter the hour of glower: folks with longish memories will remember that last year the government was saved by Cory Bernardi, who engaged in a filibuster to ensure the Coalition was not humiliated by losing a vote on the floor of the House for the first time since 1929.

Cory talked and talked and talked to prevent that humiliation. I thought it prudent to ask Bernardi if he was ready to talk and talk and talk again, in the event the medical evacuations bill passes the House amended later today and has to bounce back up to the Senate for amendments.

Cory is, of course, happy to serve.

I am always available to contribute to Senate processes in the best way possible.

Updated

Question time is about to begin. I’ll be heading into the chamber, so hit me up with your QT predictions!

Peter Dutton was asked about the AFP’s role in what happened to refugee footballer Hakeem al-Araibi by Samantha Maiden earlier today and said he believed Andrew Colvin would have something to say on it, some time in the future.

But Craig Foster, who was absolutely instrumental in bringing Hakeem al-Araibi home, had this to say about moving forward:

There’s no question that, going forward, there will have to be a thorough investigation into the role of the AFP in what occurred with this red notice.

For many reasons. One is because, as the public, we need to be completely confident that the processes have been followed and, secondly, we need to ensure that the system is going to be changed. And one of the issues to come out of this … as I said before, we intend to ensure that we utilise this case to hold people accountable within the governance of sport, and there are some people here within Asia and elsewhere who we don’t think have acted appropriately.

And that’s a big issue for us in sport. We think that this was very much about the soul of sport, which has been sold and money has infiltrated the values of both football and other sports and we think that it’s time to start to climb that back, and Hakeem al-Araibi standing here and talking to Australia is a big blow in that regard. But also we want to see an investigation into Interpol and the use of red notices itself – not just Australia’s role, which was after the Interpol red notice was placed on him.

But this concept of countries using the red notice in order to try to re-foul people that they want to return for nefarious reasons has to now become a very serious issue and it is something that we’ll be taking up in the coming months.

Updated

Labor is supporting a motion moved by Greens Senator Sarah Hanson-Young calling for the cap on water buybacks in the Murray-Darling Basin plan to be repealed immediately.

An emotional Hanson -Young asked her Senate colleagues to back the repeal of the cap, saying that the objectives of the plan had been corrupted due to politics and corporate greed.

The cap was introduced by legislation into the plan in 2015 by the Coalition, which feared the backlash in rural communities from the economic impacts of buybacks.

But this left the plan far more reliant on other measures to meet the overall target of recovering 2750GL for the environment.

These alternatives include projects to help manage the river better, removing constraints on the river, more efficient farming practices and reducing evaporation.

The latest drought and the spectacle of hundreds of thousands of fish dying in the Darling at Menindee has focussed attention on whether the plan is actually working.

Hanson-Young says it’s clearly not working, as evidenced by recent reports and the fish deaths.

“The prime minister might want us to pray for rain, but clearly something is rotten and it needs to be cleaned up now,” she said.

“Millions of dead fish, a stressed river and some pretty happy irrigators.”

She pointed the finger clearly at the former water minister, Barnaby Joyce, and the Nationals.

“The system has been overallocated for decades and we have to give water back to the environment,” she said.

“It doesn’t matter what tricks of accounting this government does, mother nature is crying out for help,” she said.

Hanson-Young is also backing a royal commission. Labor had backed the cap in 2015, but is now supporting its removal, which would require an amendment to legislation.

A report by the Productivity Commission found that buying water rights from farmers is a far more efficient way of returning water to the environment and that projects designed to achieve similar outcomes were both uncertain and expensive.

Updated

As I have just been reminded, if the crossbench comes on board with Labor’s proposed amendments to the medevac bill, and then it is passed in the House, it will have to go back to the Senate, because it’s been amended from the bill which was originally sent through to the House.

And we all know what happened the last time this bill was in the Senate.

Let’s come back to (medevac bill) time frames for a minute

I can only apologise really. There are so many moving parts it’s almost impossible to deliver smooth and linear coverage of a process that is neither smooth, nor linear.

I mentioned earlier the intel out of the talks was the time frame for determinations was heading for a landing point of 48 hours rather than where things started at the beginning of the day, which was as soon as practicable.

People are now counseling me away from 48 hours.

Several people are saying what’s under discussion at this moment is a seven-day time frame, with provision for urgent medical transfers.

Just flagging this more up-to-date advice in the event this is where things ultimately settle. I’ve been saying all morning this is a movable feast.

We just have to keep moving.

Updated

I think we have already established that facts don’t seem to matter in this debate one iota.

The Senate is still debating the Murray-Darling Basin motion, but Labor has added amendments which would allow a bill to remove the 1500GL cap buyback.

Updated

The latest Guardian Essential poll has landed.

As Katharine Murphy reports:

The banking royal commission findings appear to have delivered a political fillip to Labor, with the opposition extending its lead over the Coalition 55% to 45% on the two-party-preferred measure.

The new Guardian Essential poll, taken before Monday’s major party brinkmanship on asylum seekers in the lead-up to the resumption of parliament, puts the government’s primary vote on 34% and Labor’s on 38%, and the independents’ share of the vote has risen to 11%, up from 9%.

The positive movement in Labor’s direction follows a shift in favour of the Coalition in last week’s survey. Last week Labor was ahead of the Morrison government on the two-party-preferred measure 52% to 48% – a shift within the margin of error from the last voter survey of last year, and one in mid-January that had Labor ahead 53% to 47%.

The fallout from the banking royal commission, controversy over the Liberal Tim Wilson’s use of a taxpayer-funded inquiry into Labor’s policy on franking credits to leverage a partisan campaign, and an escalating political brawl about border protection dominated the news last week.

That follows on from yesterday’s Newspoll, which had Labor leading the government 53 to 47.

Updated

AAP has an update on last week’s parliamentary network cyber-hack attempt:

The hunt for the perpetrators of a sophisticated cyber-attack on Australia’s federal parliamentary computer network is continuing.

Security industry sources have told AAP it is possible China could be the source of the latest breach.

Senate president Scott Ryan told parliament it would be some time before the investigation would be completed, saying he could not yet attribute blame for the intrusion.

“It is important to understand the methods used by malicious actors are constantly evolving and no network, including the parliamentary computing network, is considered 100 per cent secure,” Senator Ryan said on Tuesday.

But Senator Ryan stopped short of blaming the global superpower while the Australia Signals Directorate and the Department of Parliamentary Services investigate the hacking.

MPs and staff changed their passwords on security advice after last week’s attack.

“I can assure the Senate this action was carried out as a standard security incident response procedure and precautionary measure to protect user access and information,” Senator Ryan said.

Updated

Michael Keenan, who has very strong opinions on a lot of things in this interview – mostly how terrible this bill is and how it will bring the borders crashing down – can’t give an example of where the amendments would fail to meet the government’s concerns, because he is not going to get into “every hypothetical situation”.

Funny that.

Updated

Michael Keenan just said on Sky that a doctor “like the one yesterday who said the detention centres were worse than Auschwitz” (not an exact quote, but the spirit) could sign off on the transfer.

Here is what Dr Paul Bauert actually said:

Speaking to Sky News (on Monday), Dr Bauert explained the doctors’ concerns:

The longer these people are there, the worse they are getting. We know that the main, the main reason for the impairment of mental health, as Viktor Frankl, the psychiatrist from Auschwitz described very well in his book, Man’s Search for Meaning, the main problem these people have is the lack of meaning, the lack of any end to what is going on. A lack of certainty.

And this more than anything causes severe mental health damage. Even those that finally knew they were about to be condemned to the gas chamber, at least found some sense of relief in knowing what was happening.

So, all of these people without any idea of what is going to happen to them, what their future is, will be suffering on a daily basis. And we have seen from some of the television shows, and the media that have followed them, once they have been released, that all of them end up with severe, significant mental health problems which will take a long, long time to settle, with most having post-traumatic stress disorder.

I am concerned, all the doctors are concerned, that the longer this politicking goes on, the longer these people are left in this critical situation, the worse their health is becoming.

Keenan said it goes to the “mindset” of some of the people wanting to make these changes.

Updated

A copy of Labor’s amendments has fallen into my hands. What I’m about to share with you looks backwards.

This is where the discussions started this morning, but it’s interesting to be able to snapshot the process at different times.

Labor, we know, has flagged three principles it wants adjusted.

The first is widening the scope of ministerial discretion to knock back medical transfers.

The minister can knock back a transfer on security grounds in the bill as it stands, but Labor wants to expand the scope to include blocking transfers of people with criminal histories.

So, again, to be clear, this is where the discussion started early this morning. The bill currently says the home affairs minister must approve the person’s transfer to Australia unless that would be prejudicial to security.

The new language says the transfer should be approved “unless: the minister, in the minister’s discretion, reasonably believes 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”.

A second criteria has been added.

The transfer should be approved unless “the minister knows or, in the minister’s discretion, reasonably suspects that the person has a substantial criminal record (as defined by subsection 501(7))”.

The second principle Labor is pursuing is time frames for determinations. The original bill said determinations be made within 24 hours. The amendment proposed this morning said omit within 24 hours and substitute “As soon as practicable after”.

The word from the bunker is the parties are now back to a specific time frame, rather than as soon as practicable. I’ve heard 48 hours, but nothing is certain yet. Kerryn Phelps made it clear it would need to be 72 hours at a minimum this morning.

The third Labor negotiating principle is applying the enhanced procedures to the current cohort of people in offshore detention, not to new arrivals, in the event any new arrivals turn up.

The Labor ring-fencing amendment specifies:

“A person is a relevant transitory person if: (a) the person is in a regional processing country on the day this section commences; and (b) in the opinion of a treating doctor for the person: (i) the person requires medical or psychiatric assessment or treatment; and (ii) the person is not receiving appropriate medical or psychiatric assessment or treatment in the regional processing country; and (iii) it is necessary to remove the person from a regional processing country for appropriate medical or psychiatric assessment or treatment”.

Updated

We’re now getting an early dose of “just how strong are our borders, very, but Labor will burn them down” from Peter Dutton, because second Monday is the gift that just keeps on giving.

Updated

This is a pretty great example of “whatever, your face is”.

From Chris Knaus:

The billionaire and major political donor Huang Xiangmo has likened Australia to a “giant baby” with “simple folk customs” while hitting out at a decision to cancel his visa.

Huang also criticised Australia’s domestic spy agency for acting contrary to Australian support for the One China policy, and urged it to instead investigate journalists who he said may be “serving foreign intelligence agencies” and had stolen “classified information to gain attention and a spotlight”.

The Chinese tycoon was effectively blocked from re-entering Australia when his permanent residency visa was revoked and a citizenship bid was rejected

Updated

Oof

Tim Wilson as the house of representatives resumes sitting in parliament house, Canberra this afternoon.
Tim Wilson as the House of Representatives resumes sitting in Parliament House, Canberra this afternoon. Photograph: Mike Bowers/The Guardian

Updated

Emma Husar is in parliament. Or at least, outside it.

Bridget McKenzie just gave the greatest Mike Moore hhhhmmmmmmmmmm to Kim Brennan (gold medallist and chair of the Australia Olympic Committee’s Athletes Commission) I have heard in quite some time.

Updated

Peter Dutton is in the second most fancy government press spot to talk about this:

The minister for sport, the Hon Bridget McKenzie and the minister for home affairs, the Hon Peter Dutton, will outline the Australian government response to the Wood Report of the Review of Australia’s Sports Integrity Arrangements.

He is talking about weekend kids sport and something, something cricket.

Updated

Here is the latest situation report as best things can be currently understood

Folks following on at home can see there are a lot of moving parts on the asylum story.

The parts are still moving. But here is the best update I can provide about where things are currently at:

If we can look through the noise of the news cycle, with people assuming ambit positions, it seems that negotiations are proceeding behind the scenes relatively productively.

I hear the Greens – having threatened to sink the package this morning – are now back at the table, having had some of their concerns assuaged. So don’t assume they kill the legislation. It might happen, but it doesn’t look like it right at the moment.

Specifically, I hear a time frame for determinations (which was Richard Di Natale’s main concern) has been resolved. The word is 48 hours, not 24 as was originally proposed.

All the information I have to hand suggests the other crossbenchers are still at the table.

There was a flurry about 20 minutes ago about the whereabouts of the Labor MP Emma Husar, but Labor people assure me she’s in Canberra.

I guess it remains moot whether she is in the building at the critical time.

Pack lunch and a drink bottle. It’s going to be a long day.

Updated

In the Senate, Labor is supporting this Greens amendment:

The Senate:

1. Notes with alarm:

a. The crisis that has unfolded in Menindee Lakes over the summer with unprecedented fish deaths;

b. The Productivity Commission report into the implementation of the Murray Darling Basin plan;

c. The findings of the South Australian Murray Darling Basin Royal Commission; and

d. The 1500GL cap on water buybacks for environmental water.

2. Is of the opinion that the 1500GL cap on water buybacks be repealed.

3. That so much of standing order 111 be suspended, as would prevent Senator Pratt moving that the following bill be introduced at 6 pm today:

A Bill for an Act to amend the Water Act 2007, and for related purposes.

Short Title:

Water Amendment (Purchase Limit Repeal) Bill 2019.

Updated

This is all moving very fast today (which makes sense, because really, there is not a lot of time to get this sorted).

Joel Fitzgibbon was seen chasing Cathy McGowan, Kerryn Phelps, Julia Banks and Rebehka Sharkie out of the chamber when they left, and chatting to them outside the door for quite some time.

Emma Husar (who we all hope is OK) is in Canberra, but not in the parliament.

The Greens want amendments to the amendments.

And everyone who was going to say yes late last year has to say yes now for it to pass.

Strap in.

Updated

Also the bad show has seemingly lived up to its (nick)name

In the Senate, which, for the first time in quite some time, is NOT the centre of the clusterforkery, Sarah Hanson-Young is attempting to suspend standing orders to debate what on earth has happened with the Murray-Darling Basin plan, and the ecological disaster we saw earlier this year.

Updated

It is always fraught to predict what anyone will do, but Labor sources have told us Emma Husar is in Canberra.

Which is a start, because I doubt Labor will be given a pair, if Husar doesn’t show for the vote, given Labor announced it would be cancelling pairs in cases of absolute majorities.

Emma Husar has just tweeted this

This is a MAJOR problem for the numbers, even if Labor and the crossbench come to an agreement. From Rosie Lewis and Michael Roddan at the Australian:

Rogue Labor MP Emma Husar has not turned up to parliament, potentially causing a major upset for Bill Shorten who could have an historic win over the government on the medevac bill and cause chaos for Scott Morrison by adding an extra two sitting weeks to the calendar.

Labor sources have confirmed the party was trying to locate Ms Husar, who has been estranged from her colleagues since she says she was forced not to contest her Sydney electorate of Lindsay and was “slut shamed” in the midst of a controversy over her management and treatment of former staffers.

The whole story is here

Updated

The bells have rung.

The mad house is officially open for business.

Oh – the government is still not chipping in any money for the cross river rail, Queensland’s number one infrastructure project (for like, ever) because the state Labor government got fed up with the lack of commitment and said it would fully fund it itself.

So Alan Tudge said now that it’s fully funded, the government will spend the money it would have used to fund it, but didn’t actually commit to it, elsewhere in Queensland.

Some days, I literally can’t even with this place.

Updated

“Team Queensland”, which is absolutely a thing (for reasons which escape me because even a cursory look over the marketing would suggest that is a terrible idea) has gathered behind Alan Tudge to welcome the southeast Queensland city deal.

(Peter Dutton is the “captain” of Team Queensland. These are actually things which are said by people with power in this place.)

From the release:

The Morrison government has committed to working with the Queensland government and local councils in south-east Queensland to develop a City Deal for the region.

Prime Minister Scott Morrison said the federal government was already delivering billions of dollars of funding for congestion-busting roads and rail projects and this new deal would help unlock further investment.

‘I want people to get home sooner and have dinner as a family. I want tradies to spend less time on the road and more time at the worksite,’ the prime minister said.

‘We want to ensure Queensland remains a major tourism destination and one of the world’s premier locations to live, work and raise a family.’

It will be the second City Deal for Queensland following the policy being first established in Townsville.

It comes in addition to the Morrison government piloting a Regional Deal for the Bundaberg Hervey Bay region.

The commitment to an SEQ City Deal is supported by Queensland LNP MPs and senators who have campaigned for funding to support the diverse sectors within the region including tourism, manufacturing and education.

The Morrison government has been working with the SEQ Council of Mayors, in particular Lord Mayor Graham Quirk, on the recently released People Mass Movement study which explores the impact of population growth on the region’s ability to cope with future transport demand.

Minister for Cities, Urban Infrastructure and Population Alan Tudge said the Liberal and Nationals government was committed to the people of south-east Queensland and to making the region even more liveable than it already is.

‘South-east Queensland is already home to over two thirds of the state’s population and is expected to accommodate 5.3 million people within 25 years’ time,’ Minister Tudge said.

‘We need to cater for this rising population and the SEQ City Deal will be a huge step forward in making sure the people of south-east Queensland get the most out of living in this beautiful region.

Updated

Speaking after his Sky News interview, Richard Di Natale said Labor needed to come back to the negotiating table, now that the party had moved the goal posts:

The Labor party need to decide if they’re going to work with the Greens, the crossbench, the refugee advocates, indeed many decent people right across the country who want to see sick people get the care when they need it,” he said.

Right now, the concern that we have – and this is based on considered legal opinion – is the amendments put forward by the Labor party may make the situation worse than doing nothing.

We are currently seeing some people – albeit it far too slowly – being evacuated from Manus and Nauru for medical treatment.

The amendments – particularly the amendment that proposes an open time frame in terms of when evacuations should occur – could actually make it harder than is currently the case.

So what we need to see is we need to see the Labor party ... We need to see Bill Shorten stop playing politics.

He supported this legislation in December. He supported this legislation, and now over the space of two months, a bit of pressure from the Morrison government and from some of the rightwing media and he’s going to water.

Updated

Updated

All this and the bells marking the beginning of the first 2019 sitting haven’t even rung yet.

This is shaping up to be a margarita day.

Ben Davies, from memory, left Michaelia Cash’s office in January last year, with “family” given as the official reason.

Michaelia Cash’s former chief of staff Ben Davies told her then media adviser, David De Garis, that federal police were set to raid the Australian Workers Union’s offices, the federal court has heard.

De Garis was ordered on Tuesday to give evidence about his decision to tip off the media about the dramatic raids in October 2017, after Justice Mordecai Bromberg rejected his request to refuse to answer to avoid self-incrimination.

Asked who had told him, De Garis told the court: “Chief of staff Ben Davies.” Davies is Cash’s former chief of staff and is also scheduled to give evidence this week.

De Garis said Davies had asked him to come to his office and had told him in person that the raids would take place later that afternoon.

He said could not remember any details beyond that.

The AWU’s lawyer, Herman Borenstein QC, questioned De Garis’ evidence, saying he was “loth to do this” before asking Bromberg whether he could ask leading questions.

“You have not been loth to do this but I’m happy to,” De Garis replied, before he was asked to leave the courtroom briefly.

“There is a real question about whether he’s trying to answer the questions truly and frankly … or hiding behind a mantra of not being able to recall,” Borenstein said.

But Bromberg said he was “not satisfied the witness is not making a genuine attempt”.

De Garis is continuing to give evidence.

Updated

The Greens, making fetch happen at the Adani protest this morning, as seen by Mike Bowers.

Western Australian Greens senator Jordon Steele-John at a Stop Adani Mine protest out the front of Parliament House this morning
Western Australian Greens senator Jordon Steele-John at a Stop Adani Mine protest out the front of Parliament House this morning. Photograph: Mike Bowers/The Guardian
Tasmanian Greens senator Peter Whish-Wilson with his ‘Make Coral Great Again’ hat
Tasmanian Greens senator Peter Whish-Wilson with his ‘Make Coral Great Again’ hat. Photograph: Mike Bowers/The Guardian

Updated

“Unless you’ve actually got a specified figure, you don’t improve the situation, you potentially make it worse,” Richard Di Natale says of the lack of a time figure on the timing of the ministerial approval or rejection.

Basically, the Greens want an absolute watertight timeframe put on how long the minister can take to approve or reject a transfer request. The legislation at the moment says 24 hours. The government argued that was not enough time. Labor proposed amending it to something along the lines of as soon as is practical. The Greens say that will just allow the government to delay dealing with transfers as long as they want.

“If you need urgent medical care, you don’t need to go to court, you need a doctor. And urgently,” Di Natale said.

Updated

The Greens leader said the party is “open to a conversation” but they believe the three amendments just “make it harder” for people to get medical treatment.

Greens will not support Labor amendments

Richard Di Natale says the Greens won’t support any amendment which means it takes longer for asylum seekers and refugees to get medical treatment.

“The amendments that have been put forward by the Labor party, at the moment, potentially make the situation worse than doing nothing,” he tells Sky News, saying that is what he has been told from the refugee sector and those who have followed these cases through the courts.

Updated

Tony Burke had a chat to ABC Adelaide radio this morning. The transcript reports this exchange:

BEVAN: Now your opposite number is Christopher Pyne from South Australia. He’s the manager of government business. We learned yesterday that he saw Malcolm Turnbull as his “Aslan”. Do you see Bill Shorten as your “Aslan”?

CLARKE: And for those playing along at home Aslan of course is?

BEVAN: The lion, from The Lion, the Witch and the Wardrobe. Do you dreamy-eyed look across at Bill Shorten saying, you’re my Aslan?

BURKE: I’ve got to say it does fall short of that. I loved those CS Lewis books as a kid. I read them all. Every single one of them. But of course Aslan is there is a bit of a “Christ figure” and I don’t think any member of parliament quite fits that bill.

CLARKE: So is Bill Shorten your luck dragon maybe?

BURKE: Bill’s the leader of the party and I really, really hope that we get a Shorten Labor government soon.

You can find that reference in David Wroe’s story, here

And I guess that makes Pyne ... Edmund?

Updated

The PMO has released the transcript of Scott Morrison’s doorstop this morning:

JOURNALIST: Prime minister, if you lose the medevac bill today, why should you not drive to Government House and call an election?

PRIME MINISTER: It’s not a matter [inaudible], that’s why. I mean, the independents have said that themselves. So I think they’ve answered their own question. That matter will be determined I assume later in the parliament today. I have made it pretty clear that the bill is acceptable in no form. We will not be giving any comfort or any licence for the parliament to support this in any way, shape or form.

JOURNALIST: Will you allow it to come on for a debate today though?

PRIME MINISTER: It does come on for a debate today, that’s the process.

JOURNALIST: So you will consider absolutely no Labor amendments to this bill whatsoever?

PRIME MINISTER: This bill is acceptable in absolutely no form. It only weakens our borders, it does not strengthen them. I will not give a leave pass to this parliament to weaken our borders. Thanks very much.

Updated

You may remember from Luke’s report yesterday, that David de Garis declined to answer how he found out about the AWU raid. Looks like shiz is about to get reeeal interesting in the federal court.

From this morning

Arthur Sinodinos is welcomed back at a joint party room meeting in parliament house Canberra this morning.
Arthur Sinodinos is welcomed back at a joint party room meeting in parliament house Canberra this morning. Photograph: Mike Bowers/The Guardian
Stop Adani Mine protest out the front of Parliament House
Stop Adani Mine protest out the front of Parliament House Photograph: Mike Bowers/The Guardian

For any National party voters, that guy in the red tie is the leader of the party and the deputy prime minister.

Prime minister Scott Morrison at a joint party room meeting
Prime minister Scott Morrison at a joint party room meeting Photograph: Mike Bowers/The Guardian
Stop Adani Mine protest out the front of Parliament
Stop Adani Mine protest out the front of Parliament Photograph: Mike Bowers/The Guardian

Updated

Labor of course, is not having a caucus meeting this morning, having spent two hours dealing with those issues last night.

On citizenship issues, Paul Karp has this report:

Labor has released advice warning the government bill to lower the bar for stripping terrorists of Australian citizenship is unconstitutional as it prepares to dissent on the usually bipartisan security committee.

The advice, written by Victorian QC Peter Hanks, said there is a “reasonable argument” granting home affairs minister Peter Dutton the power to revoke citizenship merely on his subjective belief the person is a dual national is not supported by the constitution.

The release of the advice comes after the shadow foreign affairs minister, Penny Wong, told caucus on Monday night Labor is likely to issue a dissenting report on the bill on the parliamentary joint committee on intelligence and security, a first for them in this term of opposition.”

You can read the rest of that here

Updated

Jordon Steele-John will introduce the Broadcasting Services Amendment (Audio Description) Bill 2018 to the Senate today, which, if passed “would enable equal access to television for the 385,000 people in Australia who are blind or have low vision”.

Updated

We reported on this yesterday, but it may not have got all the attention it deserved because of all the other clusterforkery which was going on, but the auditor general gave a fairly bad mark to the home affairs department over how long it takes to process citizenship applications and visas.

Tony Burke has indicated Labor will have more to say about this today:

The ANAO audit report into Peter Dutton’s mega department titled “Efficiency of the Processing of Applications for Citizenship by Conferral” is completely damning.

The auditor general has used unusually strong, unequivocal and unqualified language to condemn Dutton’s Department of Home Affairs, amounting to a complete and total failure in administration.

The audit found that over the past four years, the number of citizenship applications stuck in the pipeline blew out by 771%, with 244,765 applications on hand at 30 June 2018.

Hundreds of thousands of Australian permanent residents, living in the community, who simply want to pledge their formal allegiance to Australia, deserve much better that having their lives placed on hold by the black hole of a department.

There’s no need for colourful phrases – this report speaks for itself. The direct and damning conclusions are:

  • Applications for citizenship by conferral have not been processed efficiently by the Department of Home Affairs.
  • Applications have not been processed in a time-efficient manner.
  • Applications have not been processed in a resource-efficient manner.
  • Processing times have increased, there is an underlying decline in processing performance, and long delays are evident between applications being lodged and decisions being taken.
  • Significant periods of inactivity are evident for both complex and non-complex applications accepted by the department for processing.
  • The Department of Home Affairs has not checked the quality of its decisions in 2017-18.

The auditor-general has called out the Department of Home Affairs for blatantly misrepresenting the facts to the parliament at Senate estimates, stating:

“[Audit] results indicate that the complexity of applications lodged has decreased. These results are at odds with Home Affairs’ reported experience. For example, Home Affairs advised parliament at Senate estimates on 23 October 2017:

… we have talked to this committee before about this – that the case load complexity is rising as we are seeing a flow-through of previous humanitarian entrants. It might well be the case that there are bigger delays now because the cases we are looking at now are actually more complicated”.

The ridiculous claim by successive ministers that the delays were caused by boat arrivals has been shown to be totally false. The auditor general revealed that in fact applications from the humanitarian stream decreased by 9% over four years from a low base, and that “former illegal maritime arrivals” accounts for only 0.7% of lodgements in 2017-18.

The report also reveals that Dutton’s department ignored the law, taking it upon themselves to do nothing with thousands of applications even though changes to legislation had not been agreed by the parliament. The report states in regard to the government’s unfair citizenship bill:

“When they were announced, the proposed changes to the Australian Citizenship Act 2007 were to apply retrospectively to applications received from 20 April 2017 onwards. Home Affairs advised the ANAO in June 2018 that:

Staff were advised that the post 20 April applications were subject to the new requirements, however the requirements were not yet law. Therefore the applications were not able to be assessed against the existing requirements or the new ones announced by government.”

The Abbott-Morrison-Turnbull government’s unfair changes were rejected by the parliament yet the Dutton’s department has treated people appallingly, adding to delays and uncertainty.

Updated

Your one millionth reminder this is not about border security.

The advice provided to the government includes this:

After noting the softening in Australia will feed in to marketing by people smugglers, the story becomes more complicated. “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 boats didn’t stop attempting to come to Australia, they have just been turned back.

Australia’s turnback policy will remain in place.

Updated

Scott Morrison invited the cameras in for the first party room of the year:

We are now confronting the full-scale natural disaster, national disaster of what is happening in western and northern Queensland.

I want to particularly commend Linda Reynolds for the way that she has managed and coordinated those efforts and particularly Linda thank you to the Australian defence force, who’ve been there, not just to do the work, but to provide that great encouragement to Australians, just by their sheer presence and turning up.

But I want to thank you for the work you have done with emergency management to prepare, because we knew it was going to be a difficult season with bushfires.

And to have the aerial assets ready and in place, I want to commend you for that, and to Michael Keenan and the work that has been done by Human Services to ensure that the payments have been getting out.

I mean, just as of last Sunday, as I said at the Press Club yesterday, almost $40m in cash support within a week. To get support to those families. That’s government in action.

That’s government dealing with issues that the Australian people are facing. And Michelle, I know, you have seen the same thing in your electorate. Australians are strong. Australians are resilient. Under our government, we are going to continue to make Australia even stronger. That’s what we are about. A stronger economy, stronger borders, stronger services, that’s a stronger Australia. And that’s what we are about.

Our opponents have plans that will make Australia weaker. To weaken the economy, to weaken our borders. And you can’t pay for services with money that’s not there and we all know that Labor cannot manage money. Here we are colleagues taking up this fight on behalf of the strong Australian people, backing them in, backing small business, lower taxes, the infrastructure they need, whether it’s supporting farmers in drought or supporting farmers in flood, we are there and we’ll be there, not just in the crisis, and the recovery, but we’ll be there for their prosperity in the future because those days will come and we believe in that and we believe in them.

So that is our charge. That is our mission. We are united together in doing that. But before I go any further, there has been one element in our team that has been missing and his name’s Arthur! ... He’s back! And Arty, why don’t you say a few words, mate.

Arthur Sinodinos (who is back from sick leave, which he took while undergoing cancer treatment):

Thanks, prime minister. All I’m going to say is, first and foremost, when I’ve been out there talking to our people as I’ve come back to work, there is a real fighting spirit out there, a view that we can win this, and, as long as we provide a clear alternative, articulate that alternative and work as a team, we’ll get there, we can win this. The only other plea I would make is, Michael McCormack, no more singing, stick to your day job!

(That last bit is because McCormack is an Elvis impersonator, who recently attended the Parkes festival where he attempted to sing, what at one point, may have been an tune in the style of Elvis.)

Updated

Also happening today – a world record ending in Canberra, raising money and awareness for child victims of family and domestic violence.

Norm Bartie will arrive in parliament house, in his digger, after travelling 5500km in the excavator, at a top speed of 30km/h.

Norm’s wife Rikki described it to me like this:

The journey has taken him from Brisbane – Townsville – Toowoomba – Wagga Wagga – Echuca – Canberra. The aim of the journey was to raise awareness for children who have been affected by domestic violence, abuse and trauma, and to raise funds for our not-for-profit organisation ‘It’s NOT Your Fault 4 Kids’, as well as taking this message to all kids along the way (that the abuse they have suffered from is NOT their fault, as opposed to what most of these children have as their core belief). Norm has raised $12,000 so far, enough to fund three retreats, with ongoing support, for a number of children this year.

That takes some dedication. And in a week like this one is shaping up to be, is a much welcome reminder of the good in people.

Updated

Timing is of the essence with all of this though. There are only two sitting weeks scheduled ahead of the budget. This fortnight is practically it, if there are any changes to be made ahead of the election.

Bill Shorten knows it:

This issue is capable of resolution. It is possible in Australia to have strong borders without treating people cruelly. It is possible to make sure that treating medical clinicians, who are looking after people, that their advice is given the appropriate weight. Australia can have strong borders and be compassionate to the treatment of people and their care.

Penny Wong had a few things to say about Scott Morrison this morning.

The Senator is not impressed.

“Fear is all he has left,” she said of Morrison.

“He can’t run on his record, because his record is cuts and chaos, he can’t run on stability because they are so bitterly divided.

“So what does he want run on? He wants to run on a fear campaign.”

There is an Adani protest out the front of parliament today.

It never stops.

Adam Bandt has also weighed in on Labor’s proposed amendments to the medivac bill. He’s told us he is not overly happy. That doesn’t mean he won’t engage in discussions about it though:

“On first look, Labor’s amendments don’t make the current terrible situation any better. Labor is giving a lot of power back to Peter Dutton and it’s not clear that sick refugees will come to Australia any quicker than they do now.”

From the “wasn’t expecting that” box, AAP has reported:

The Greens leader, Richard Di Natale, has apologised to Kevin Rudd after calling the former prime minister a sociopath on live television.

Senator Di Natale acknowledged the term was a “serious slur” and a clinical condition of mental illness.

“I unreservedly retract the suggestion that you are a sociopath,” he wrote last week in a letter to Rudd and cited by the Sydney Morning Herald on Tuesday.

“I realise that this is a serious slur on your reputation as it is a clinical condition of a mental illness.”

Di Natale made the comment during a Q&A program on ABC television in December.

Updated

In a special second Monday treat, Gabrielle Chan is in the office today, forming part of the Guardian brains trust.

Where is this likely to go?


Morning, everyone, I’ve had a quick conversation with Kerryn Phelps after her round of interviews this morning.

On Labor’s three principles, it’s clear there is room to move on time limits for decision making, as long as there’s an upper limit in the amendment. The upper limit being 72 hours looks likely at this stage.

Labor’s desire to ring fence the current cohort in offshore detention also looks doable.

The hard yards will be on expanding ministerial discretion.

Phelps is keen to ensure that the reworking doesn’t become too broad so that home affairs ministers get the opportunity to deem everyone a risk on character grounds.

That looks to be the major sticking point, given Labor will want ministerial remit to be as broad as possible, given the Coalition’s political attacks about the potential to let murderers into the country.

But all this is speculative at the moment. The crossbenchers are meeting shortly, then there will be meeting with Labor, consultations with stakeholders, and the actual drafting of amendments.

It’s going to be a busy day.

Updated

Bill Shorten was also stopped on the church steps and asked about the medevac bill (of course):

“I think the current government confuses stubbornness with strength,” he said. And then, for some reason explained that concept further.

“They think they are being strong when they are just being stubborn.”

On the bill:

“What we want to do is make sure that whilst we maintain strong borders, we treat refugees humanely and provide the appropriate medical care for people who require it … This issue is capable of resolution.”

Updated

Oh good.

The bipartisanship of the traditional prayer service lasted for exactly as long as it took MPs to walk out of the church.

Both Scott Morrison and Bill Shorten spoke on the medical evacuation bill, practically on the steps of the church.

Morrison said he would not give “a licence for the parliament to support this in any way shape or form”.

“This bill is acceptable in absolutely no form, it only weakens our borders, it does not strengthen it, I will not give a leave pass to weaken our borders.”

On that, it is worth revisiting Murph’s analysis of the security advice the government keeps referring to:

Officials argue the current ministerial discretion in the bill to reject people cleared for medical transfer on security grounds isn’t wide enough.

Consistent with the culture of the home affairs department, the briefers also clearly object to doctors being decision makers. The officials say a lot of doctors don’t like offshore detention, ipso facto: “Many doctors in Australia and their professional associations have called for an end to regional processing and it is expected that their recommendations under these amendments would be forthcoming in a short period.

“It is expected that within four weeks of Royal Assent, should the bill pass the House of Representatives, that most of the 1000 individuals would be in contact with ‘treating doctors’ willing to recommend their transfer to Australia for at least medical assessment if not treatment. The fact that treatment is available in PNG, Taiwan or Nauru would not restrict the recommendations by treating doctors to transfer. The individual would not be required to accept treatment in their regional processing country or another location that is not Australia.

“Some doctors have publically [sic] asserted that all transferees should be removed from Nauru and PNG for mental health reasons. Provided those doctors are appropriately registered or licensed and have ‘assessed’ transferees either remotely or in person, it will be open to him or her to form the opinion that any or all of the transferees are ‘relevant transitory persons’ and give the secretary notice of this, triggering the provisions in the amendments.”

A contention, unless I’m not mistaken. Doctors. Gotta watch them. Always up to something.

Moving on, the briefers note something the government hasn’t exactly highlighted. “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”.

So this isn’t quite “two doctors say you can come to Australia, and freedom beckons”, as a number of government frontbenchers have suggested during the past few hyperbolic days. It’s come to Australia (maybe, if you meet the criteria) and get detained again.

Despite the brief confirming medical transferees would continue to be detained, this is framed by the authors as a problem.

“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.”

The briefers worry word will get back to the people smugglers. “This path to Australia will likely reach people smugglers in a short period and they could rightly advise their clients that if they were sent at a future time to a regional processing location, they would only need to stay long enough to seek the recommendations of ‘treating doctors’ for transfer to Australia.

“We expect that this may encourage those prospective clients of people smugglers who, to date, have not decided to travel due to the dissuasion of returns, turnbacks and regional processing. This bill removes the third pillar – regional processing”.

Sounds bad, but several paragraphs later, the advice becomes more hedged. After noting the softening in Australia will feed in to marketing by people smugglers, the story becomes more complicated. “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.”

Updated

Kerryn Phelps on why she believes Labor blinked and, more importantly, why she believes everyone needs to get moving.

I think you would have to speak to Labor about that, because, you know, what their motives are, you’d have to ask them.

But certainly I believe that there is a great willingness by many people in parliament to get a resolution to this today, or in the next few days, because, as I said, lives do depend on this.

We cannot keep going the way we have been going, where the bureaucrats and the minister just block medical transfers by running them through the courts, by taking them to the federal court, only to find those ministerial decisions overturned and the doctors’ decisions upheld.

We need to find the right balance and the right balance is to have medical practitioners making decisions about the medical transfers because they’re saying that they cannot cope on Manus Island and Nauru with particular cases.

And the minister does need to have certain veto powers related to security for Australia, and if we can get the wording to everyone’s satisfaction, let’s do that today.

Updated

Speaking to the ABC, Kerryn Phelps expanded on concerns she has about Labor’s proposed amendment to broaden national security ministerial discretion to include people who have been convicted of a serious crime, when it came to the medical evacuation bill.

The first thing is that these people have all been, if they’ve been assessed as refugees under the refugee convention, they cannot have committed a serious crime in their home country.

But we also need to look at what the definition of serious crime is, because if for example somebody has committed a crime in their country, which is a political crime, for example, complaining about something their government has done, been involved in a protest, being a human rights protester, a woman who has committed adultery who is sentenced to death by stoning – these are the sorts of things that might come under serious criminality and so we need to take a very careful look at that definition.

And what I’m very keen to do is to avoid being in exactly the same position where we are now, where the minister has excessive veto powers and runs every serious medical case through the courts, only to find that the doctor’s original recommendations were upheld.

Most of the people on Manus Island and Nauru have been judged to be refugees – not just by the UNHCR but also by Australian authorities. And given how long they have spent in our offshore detention centres, there is nothing we don’t know about these people. Nothing.

Updated

Mike Bowers spent the morning at St Paul’s Anglican church.

He sent through the message he’d sent the photos, before he said good morning, if that helps you place his feelings about today.

Peter Dutton in church
Saving a seat for a mate: Peter Dutton at a special ecumenical service to mark the start of the parliamentary year at St Paul’s Anglican church in Canberra this morning. Photograph: Mike Bowers/The Guardian
Barnaby Joyce, Peter Dutton and Bridget McKenzie
Found him: Dutton flanked by Barnaby Joyce and Bridget McKenzie. Photograph: Mike Bowers/The Guardian
Joyce pulls a face
When second Monday hits hard. Photograph: Mike Bowers/The Guardian

Could I also just say that this little girl is an absolute MOOD.

Scott Morrison arrives, led by a young girl
Scott Morrison arrives. Photograph: Mike Bowers/The Guardian
Bill and Chloe Shorten arrive
Bill and Chloe Shorten arrive. Photograph: Mike Bowers/The Guardian

Updated

Before all the messiness of the day begins in earnest, some good news – Hakeem al-Araibi is due to arrive in Melbourne very soon, after his almost three-month ordeal.

Here is what the prime minister had to say late last night, after the decision not to pursue the extradition case:

But what we’d like to do tonight is to thank and show our appreciation to the Thai government for the decision that they have taken today. We greatly respect the process that they’ve had to work through and we greatly appreciate their listening to the issues that have been raised by our government and many others who have raised this case.

These issues are complex and our relationship with the Thai government and in particular with Prime Minister Prayut, is very strong. We thank them for the way that they have engaged with us on this matter now, for some period of time. I also want to thank – and the foreign minister will add further to this – all of those Australians who have been so supportive of Hakeem. Those who have provided direct support to him personally, particularly Craig Foster, who has very much championed his case and cause and I have spoken to him and Marise has spoken to him on many occasions, we’ve worked closely together.

But there is still a journey ahead, there is still a process to be followed. But we are very grateful for the relationship we have with the Thai government that has enabled us to work through these issues in the way that we have. I particularly want to commend the foreign minister for the work that she has done and that all of our consular officials have done. These issues are very delicate, they’re very sensitive and I think what we’ve seen here is the professionalism of our foreign service on show. So we thank them very much for all of their work and all of their advice.

Updated

Good morning

Welcome to the first sitting day of 2019.

We begin today as we ended yesterday – talking about the Manus Island and Nauru medical evacuation bill.

As Katharine Murphy reported:

At the end of a meeting of the shadow cabinet, the left and right factions, and the caucus, the ALP signalled it wanted to rework the proposal it supported in the parliament last December to increase the discretion of the home affairs minister to refuse medical transfers for asylum seekers, to make the timeframes for decision making less restrictive, and to ensure the procedures only applied to the cohort currently on Manus Island and Nauru.

The backflip, which had been telegraphed by Bill Shorten since the middle of last week, followed a substantial rhetorical bombardment – including misrepresentations about the detail of the legislation – by the Morrison government in an effort to avoid losing the first substantive vote in the House of Representatives since 1929.

This morning, Kerryn Phelps, who was the inspiration behind the bill getting to this point, has said she will look at Labor’s proposed amendments. She said her focus was on getting ill people the treatment they need.

“That is what this is all about – getting medical treatment for those people who can’t get medical treatment on Manus Island and Nauru,” she told Sky News.

“So, if the legislation is confined to that cohort, that might be something that we can look at, but I would have to again speak to the refugee sector about that.”

So stay tuned as we follow those developments.

Both party leaders are at the traditional beginning of parliament church service this morning, before heading back to parliament where all the morning’s lessons will be promptly forgotten.

And we’ll be here documenting it all. Mike Bowers is already out and about, as is Katharine Murphy and the rest of the Guardian’s brains trust. You’ll find us on Twitter and, when time permits, in the comments.

I haven’t found a coffee this morning, so once that is done, I will be straight back into it. Ready? Let’s go.

Updated

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Beckham Family Feud: Elton John Steps in as 'Mediator,' Urges Everyone to 'Patch Things Up'
Elton John has reportedly stepped in as a mediator for the Beckham family amid their ongoing feud, urging them to reconcile.
International Business Times UK
International Business Times UK
The Price is Right models detail alleged sexual harassment they faced on set of Bob Barker’s game show
New docuseries, ‘Dirty Rotten Scandals,’ pulls back the curtain on the classic game show and its late host, Barker
The Independent UK
The Independent UK
Star Wars Fans Think They Figured Out The Mandalorian And Grogu’s Hidden Villain (And I’m Not Mad At It)
Who's the big bad wolf here?
Cinemablend
Cinemablend
“We played a song or two, and I said, ‘Hey, you guys want to jam on some Isley Brothers?’ Nobody laughed”: Les Claypool looks back on his disastrous Metallica audition
Following the death of the sorely missed Cliff Burton, James Hetfield and co. auditioned the bassist of the then-emerging band Primus
Guitar World
Guitar World
The Hulk may be hiding in plain sight in one of the Spider-Man: Brand New Day teasers
Marvel fans think one of Spider-Man: Brand New Day's teasers includes the Hulk, but we just can't see him
Total Film
Total Film
MCU Stars Are Spoiler Experts At This Point, But I’m Still Amused By Chris Pratt Evading Avengers: Doomsday Questions
Star-Lord isn't spilling the beans.
Cinemablend
Cinemablend
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.
Download on the AppStore Get it on Google Play