Night time political summary
- The Coalition and Labor have moved one step closer to nailing legislation to enable to China free trade agreement after Labor revealed its proposed changes. Labor toned down its opposition substantially and the trade minister, Andrew Robb, indicated he was prepared to negotiate. In spite of a little argy-bargy in parliament, both sides took on a much more conciliatory tone. Remember the union had been hammering Tony Abbott on the agreement using political advertising with some effect. That is a distant memory now.
- The fair work bill has passed the Senate with the more contentious sections excised by the crossbenchers, specifically Ricky Muir.
- The latest instalment of the federal government’s counter-terrorism laws were pre-empted by the Baird government in the Daily Telegraph this morning, forcing the attorney general, George Brandis, to confirm 14-year-olds would be subject to control orders. Brandis says the states, territories and commonwealth have been talking about this since June.
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Labor did a minor reshuffle, bringing Katy Gallagher and Michelle Rowland into the shadow ministry.
- Canning MP Andrew Hastie and new South Australian Greens senator Robert Simms will give their first speeches tonight.
Thanks to the brains trust, Shalailah Medhora, Daniel Hurst and Lenore Taylor. Mike Bowers flew away after QT and shall be back at sparrow’s in the morning.
Good night.
Updated
Indigenous security firm contracted to guard DFAT
This is interesting.
The Department of Foreign Affairs and Trade (DFAT) has entered into a contract with the Fields Group for security guarding services within Australia. This is the largest security contract signed under the Australian government’s Indigenous procurement policy (IPP).
This contract demonstrates the department’s commitment to both Indigenous procurement and entrepreneurship. It is also an important milestone in the growth of the Fields Group business.
Under this contract, which is valued at $9.2m over three years, or $15.75m if the five-year option is exercised, Fields Group will subcontract Wilson Security to assist in the delivery of these services.
This arrangement will allow Fields Group to draw on Wilson’s knowledge while they develop their own experience and infrastructure.
This model enables an established provider to work with an emerging Indigenous supplier for the commercial benefit of both parties at low risk for the commonwealth.
The Fields Group will also engage several other Indigenous providers in the delivery of these services, including Outback Global, the Muru Group, and Our Mob. The services will commence later in 2015.
Updated
The foreign affairs minister, Julie Bishop, has been missing from parliament this week.
Bishop and the defence minister, Marise Payne, are meeting with the US secretary of state, John Kerry, and the secretary of defence, Ash Carter, in Boston to discuss security and trade.
The talks focus on the alliance and future regional and global coordination, including in the Asia-Pacific region, according to reports from AP.
Updated
On the subject of control orders, there have been six control issues ordered since 2005 and no detention orders. Four of the control orders have been issued in the past two years.
Just in case you were wondering.
Updated
How did I miss this from National Unity day?
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My colleague Shalailah has been trying to work out who said what to whom among the state and federal governments on counter-terrorism laws.
To recap, Mike Baird says he needs extra powers after the Parramatta shooting.
The federal attorney general, George Brandis, says the commonwealth, the states and territories have already been discussing extra powers such as control orders.
Shalailah has tracked down the Victorian attorney general, Martin Pakula, who says he not not heard about the proposals from either Brandis or the NSW government.
The federal attorney general has not raised these proposals with me and I look forward to receiving further information from the commonwealth government about their bill. There have been preliminary discussions at officer level but no agreement has been reached.
The NSW government hasn’t provided the other states and territories with detail of their proposal. Clearly this requires further discussion between all states and territories.
So that’s clear as mud.
Updated
Clare, the moment I met you, I swear ...
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PM @TurnbullMalcolm leaves #QT @gabriellechan @GuardianAus http://t.co/D9RxXDqGQa pic.twitter.com/9VNJ0ZXSHS
— Mikearoo (@mpbowers) October 13, 2015
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QT is over. Thanks to Statler and Waldorf.
Just when you think this show is terrible, something wonderful happens. It ends.
Updated
The member will leave the house under 94A.
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Gutted fair work bill passes Senate
The Senate has passed the fair work amendment bill, but not without gutting it.
The original bill would have changed individual flexibility arrangements, wound back union right of entry rules, prevented absent people from taking or accruing leave when they were receiving workers’ compensation, and amended the procedures for the Fair Work Commission to consider unfair dismissal claims.
Senator Ricky Muir, of the Motoring Enthusiasts party, took a lead role in amending this bill. In order to get crossbench support, the government agreed to remove six contentious parts, including individual flexibility arrangements which had the potential to negatively impact low-paid workers and restrict union right of entry.
Muir’s amendment retains new provisions for developing “greenfield” agreements:
New investment is important. Large projects – where greenfield agreements are typically used – are particularly important. Proponents need to be able to demonstrate some project surety to potential investors, and I believe six months is an adequate time in which to negotiate workplace arrangements before referral to the Fair Work Commission.
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Labor to Turnbull: Yesterday when asked about the future of penalty rates, the PM kindly explained businesses can currently alter penalty rates in exchange for negotiating increases in workers’ overall pay. Given that the PM recognises that businesses and workers are already able to achieve flexibility within the current workplace system, why is the PM persisting with a Productivity Commission review of penalty rates and what exactly does the PM plan to change about the current system?
Turnbull says the Productivity Commission is looking at penalty rates and then goes to Shorten’s time at the Australian Workers Union, as documented at the trade union royal commission:
I appreciate his keen interest in penalty rates. But not perhaps as keen an interest as the low-paid cleaners who are members – who have the misfortune to be members of his union, who worked for Cleanevent, when the secretary of the AWU entered into an agreement with the employer which removed all the penalty rates for the cleaners with no compensation, so we’ve heard. Sorry, Mr Speaker, I must correct myself, there was some compensation. Cleanevent paid the AWU $25,000 a year.
This is a strange tack because yesterday Turnbull used that agreement as an example of the new flexibility of work agreements.
Updated
A Dixer to Nationals leader Warren Truss involving an update on the Pacific Highway.
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Christopher Pyne gets a Dixer on the TPP and innovation.
Labor’s Tony Burke to Turnbull: I refer the PM to his previous answer where he repeated the mantra to work, save and invest. Is the PM aware that this is actually a direct quote from the 1992 document Fightback and that the mantra to work, save and invest is part of the economic plan that includes an introduction of GST on food?
I can tell you on our side of the house, we’re not spending any time going through the party policies of the Labor party in 1993. We’re concerned with the issues of 2015 and 2030.
Father of the House @philipruddockmp 42years 21days Andrew Hastie 29hours @gabriellechan @GuardianAus #politicslive pic.twitter.com/sxsWmx8zeu
— Mikearoo (@mpbowers) October 13, 2015
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Barnaby Joyce on the free trade agreements, via a Dixer.
Then Joel Fitzgibbon asks Joyce whether he is responsible for water buybacks.
When I went to Government House, I think they swore us in as the minister for water resources as well as agriculture.
Fitzgibbon wants to table the ministerial responsibilities list and says Joyce misled the house.
The environment department retains responsibility for the Commonwealth Environmental Water Holder, which manages environmental water holdings in the Murray-Darling basin. Greg Hunt, as environment minister, is responsible for that department.
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Shorten to Turnbull: 38% of total superannuation tax concessions go to the top 10% of income earners. Is this fair and will the PM join with Labor and commit to our plan for a fair and sustainable superannuation system, a plan that will provide $14bn for the budget over the next 10 years?
Turnbull says superannuation is part of the tax and transfer system, which is under consideration by the government (in the tax white paper). The PM says the government has noted the opposition’s proposals and if they make any changes, the Coalition will take the changes to the next election.
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A Dixer to Robb: Will the minister please advise the house of what new markets will be opened up to our exporters as a result of the Trans-Pacific Partnership agreement?
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Chris Bowen to Scott Morrison: The former treasury secretary, Ken Henry, recently said on the ABC’s 7:30 report that more than half the budget deterioration is because of falling revenue. Does the treasurer agree with Dr Henry’s assessment?
There’s a lot of fluffing about building the economy but no discernible answer on the revenue question.
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In answer to a Dixer, Sussan Ley, health minister, says the Trans-Pacific Partnership deal will not change the price of medicine.
I want to reassure members and the community of what it won’t do. It won’t push up the cost of medicines. It will not lead to price increases for medicines on the PBS and as the trade minister said during negotiations, this is absolutely a red line issue for us.
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The walk of wonders.
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Plibersek to Morrison: Based on real disposable income per person, how much have Australian living standards fallen since the last election?
Labor wants numbers. Morrison does not comply.
Real Australian living standards going forward are going to depend on something incredibly important and Australians, as they sit at home today, and when they are concerned about their job, about their family income, their family circumstances, as they are thinking about these issues. They’re looking overseas, they’re looking at volatility, they’re looking at uncertainty and changes that … and what we’re doing on this side of the House, what we’re looking to do is to ensure we back Australians to make the transition that they know, that they need to make and that we need to make as an economy to ensure that they have their prosperity in the future.
Plibersek takes a point of order: if the minister doesn’t know the answer he should sit down.
Updated
A Dixer to Scott Morrison: Will the Treasurer explain to the House how the government is promoting economic growth through a stronger budget and are there any threats to responsible fiscal policy?
Morrison is talking about what a good job the government is doing and commends Joe Hockey for his previous good job.
Updated
Indi independent Cathy McGowan asks about funding to multipurpose health centres in regional Australia, given recent budget cuts.
Chris Bowen to Scott Morrison: Treasurer, how much has revenue fallen between the Coalition’s 2014 and ’15 budgets?
Morrison starts talking about the increased commitments to things like the Syrian refugees since the last budget.
Tony Burke makes a cheeky point, saying revenue is about the money coming in, not going out.
Morrison, in many more words, says revenue is forecast to be 24% of GDP.
Chris Bowen says, given Morrison does not know the answer, he will table it. It is $52bn.
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A Dixer to Turnbull on the importance of free trade.
Labor to Andrew Robb on whether the government will work with Labor on their labour protections for Australian workers.
Labor lays out the groundwork for a possible win on Chafta and Robb hits back:
For the first time we’ve seen something written down as to what seeks to explain in some way the agitation and the abuse and the accusations and the sound bytes, the sound bytes that are characteristic of the debate on the other side of the parliament.
A government Dixer is on the new counter-terrorism laws.
Turnbull sets out the ongoing discussions between the states and the commonwealth on terror laws, which firmly underlines the fact that the NSW government and Mike Baird have been informed of counter-terrorism laws all the way.
The subtext is the query, what is Mike Baird on about?
Updated
Question time coming up.
First question from Shorten to Turnbull: I refer to the China free-trade agreement and will the PM commit to working with Labor to safeguard Australian jobs?
While every other Australian was looking forward to the opportunities it gives us to opening up the single market, his only contribution was to bob like a cork in the slipstream of the CFMEU.
There goes the conciliatory tone.
Turnbull agrees with Robb, that the government will work with Labor’s “rather belated acceptance that this is a matter that should be treated seriously”.
Updated
Andrew Robb wants to get on with negotiations with Labor, warning the government does not want to go down to the wire and “confuse” China.
Hopefully it will identify a pathway to get these things through the parliament ... We have got to move quickly and we have got to get it in place and get this behind us. We can’t go to the wire and take the chance that this will not go through. We can’t take anything for granted. There are significant anti-trade people within the opposition, and if we allow this to go to the wire, one, it’s going to continue to confuse our trading partner with the nature of the debate here. But, more importantly, it could lead to silly things happening at the end.
This is a shift from both sides in order to achieve the outcome and a step back from the politics on this.
Updated
Andrew Robb says the government’s starting point is that they will not accept anything that discriminates against China, nor will the Coalition agree to contravening any commitments given to China.
It does appear that Labor’s number-one objective, in fact, as Bill Shorten described it, is to seek clarity and comfort around existing safeguards for Australian workers associated with the agreement within the free-trade agreement, called the investment facilitation arrangement, which goes to projects over $150 million and, where needed, if there is a shortage of skilled workers, that they could seek to bring them in and bring them in quickly.
Updated
Andrew Robb to consider Labor's proposals on the Chafta
Robb tone sounds conciliatory.
The government will in good faith consider these proposals and we will respond accordingly. For some time now, we have been saying that if the opposition put forward any proposals of substance, that we would look at them.
Updated
Andrew Robb has just begun his press conference.
Trade minister Andrew Robb will be appearing shortly on the China free trade deal.
The politics of this is one to watch. Unions have been pushing Labor to maintain the rage on the China trade deal, notwithstanding a section of the party who recognises the benefits of the deal and want to apply a few protections on the labour provisions.
The question for Labor has been whether they would blow the thing up for the sake of the provisions. That would paint them as old school and would pit them against former Labor leaders like Paul Keating, Bob Hawke and Bob Carr.
The question for the Coalition has been whether they would negotiate with Labor and be seen to be giving them a win. Under Tony Abbott, the possibility of that was somewhere between Buckleys and none. Under Turnbull, the outcome is eagerly awaited.
The Labor position outlined earlier appears to quite a conciliatory set of amendments which would allow the Coalition to agree. Remember John Howard agreed to change the US free trade deal.
Updated
John Howard may be watching Shaun Micallef’s The Ex-PM which airs on the ABC tomorrow night.
It is true that one of the things I did in the time I was prime minister that didn’t attract any criticism, even from my political opponents, and that was to go on daily walks. I was associated with walks. I even understand Micallef with his program tomorrow night about ex prime ministers, it’s a bit of an eclectic mixture, the program - I don’t know whether I’ll be watching it, but I probably will - there is an Australian tracksuit that makes an appearance. I suppose that could be a reference to me.
Always humble, is Howard.
The Howard trackie must have launched a thousand direct mail copies. I hope we will all be given one before embarking on the Walk of Wonders. A bit like the special suit you get when you climb the Sydney Harbour Bridge.
Malcolm Turnbull has given a John Howard a big build up. He is an innovator.
To those who is think that creativity and imagination is only to be found among the young, can I say the Howard government right up to its last year, was constantly pushing the envelope on innovation, with new policies, big ideas. In our last year I remember it very well. I was the water minister, the national plan for water security. In the last year of an 11 and a half year government, John Howard had the vision to take on an enormous environmental, scientific, political, social challenge of managing Australia’s water. That’s the measure of the man. He is one of our great innovators.
John Howard is speaking at the launch on his Walk of Wonders.
Lunchtime political summary
- Labor has released its position on the China free trade deal, including a draft exposure of the enabling legislation. Labor wants the government to include an increased minimum wage for temporary workers of $57,000 (from $53,900), a requirement for tradespeople to obtain their state licence within 60 days of entry and a requirement in investment facilitation agreements that all jobs need to be advertised locally.
- Mike Baird has called on the commonwealth to introduce a range of new measures in the next counter-terrorism laws. George Brandis has confirmed the government will apply control orders to terrorism suspects aged 14 or more. It was previously 16. As to everything else, we have yet to see the details. The states have been negotiating with the commonwealth on these laws since June.
- Malcolm Turnbull, Bill Shorten and Richard Di Natale have appeared at a National Day of Unity event to show support for cross cultural understanding.
- Metadata laws come into force today but many companies do not understand which data they should be keeping for two years, as required by the legislation.
- Labor has done a minor reshuffle of its shadow ministry, with Katy Gallagher in housing and mental health and Michelle Rowland in small business.
Labor ministry reshuffles.
Katy Gallagher will become a shadow minister, covering mental health, housing and homelessness.
Michelle Rowland will become shadow minister for small business.
Jim Chalmers, Terry Butler and Sam Dastyari come into the shadow ministry and Ed Husic takes on more responsibilities. Details to come.
Shorten says it’s only Labor’s second minor shuffle in two years and it is less than Turnbull had to do because they already had lots of women in the ministry.
Labor's position on the China free trade agreement
Bill Shorten and Penny Wong are explaining Labor’s proposals for the China free trade deal. For policy wonks, you can find all the details here.
Labor’s starting point is that any safeguards have to be consistent with the [spirit of] the China free trade agreement and its acknowledged benefits.
Labor’s amendments will not be retrospective so if adopted by government there would be no change to existing work arrangements.
The opposition will release an exposure draft of amendments which they are hoping to negotiate with the government.
Labor’s concerns are around access to the Australian labour market.
Regarding temporary workers under 457 visas, Labor has proposed:
- Requiring employers entering Investment Facilitation Arrangement (applying to projects over $150m) work agreements under ChAFTA to advertise jobs locally before turning to overseas workers;
- Increasing the minimum base rate of pay for 457 visa workers from $53,900 to $57,000 a year;
- Requiring 457 visa workers in trades like electrical work or plumbing to obtain the relevant occupational licence or registration within 60 days of arriving in Australia.
Wong says she hopes the Coalition will come to the negotiating table and that the new Liberal leadership will not “act like Tony Abbott was acting”.
Updated
#UnityDay2015 #parliamenthouse @gabriellechan @GuardianAus #pano #politicslive pic.twitter.com/drWUSoSqQb
— Mikearoo (@mpbowers) October 13, 2015
Mike Bowers may get a knighthood for this.
Watch out Prime Minister - hero photographer prevents PM stumble https://t.co/ORsuaUn58P
— andrew meares (@mearesy) October 13, 2015
Thanks to Mearesy.
Updated
Bowers remains at the National Day of Unity but he will be shortly moving on to the John Howard Walk of Wonder event at Questacon.
This is a trail that wends awound the institutions of Canberra and that has provided a lot of sport for east coast twitterati. Like us.
why is the john howard walk of wonder a stroll around questacon. this makes less than 0 sense
— onya 4 havin a ghost (@adambrereton) October 12, 2015
The "John Howard Walk of Wonder" is in the shape of a gun... which is a bit ironic given his role in gun reform. pic.twitter.com/9sc0BDodE3
— Alice Workman (@workmanalice) October 12, 2015
Do you get a free tracksuit on the John Howard Walk Of Wonder
— Rob Stott (@Rob_Stott) October 12, 2015
John Howard Walk of Wonder Harold Holt Swim of Wonder Where He Is
— Stephen Murray (@smurray38) October 12, 2015
And finally, this from the Chaser.
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PM Malcolm Turnbull high 5's children from Bacchus Marsh this am @gabriellechan @GuardianAus http://t.co/D9RxXDqGQa pic.twitter.com/kgkUDbwfW5
— Mikearoo (@mpbowers) October 13, 2015
Turnbull only takes two questions before he has to go and speak at the event. When asked about the control order legislation, he says while it looks like a reaction to Cheng’s shooting, it has been discussed by the states and commonwealth for sometime.
Turnbull remembers Curtis Cheng, “whose loss is grieved by every Australian and all of us are with his family during this terrible time”.
It was an assault on the values, it was seeking to undermine the unity and the values that keep us united. Those who oppose us, those who seek to do us harm, want to divide us. We answer them best by being strong and resolute in our unity and that is what we are saying today.
Updated
Pastor Brad Chilcott, of the Welcome to Australia organisation, speaking at the day of unity.
We are also here today to thank our leaders for uniting, we are hoping that we are seeing an end to the politics of fear and division and a new day of seeing the politics of ideas and vision and together we can build a better Australia.
National Unity Day
Malcolm Turnbull, Bill Shorten and Richard Di Natale are speaking on the importance of national unity.
Turnbull:
Enriched by the diversity of our country, our greatest asset enables us to be as proud and engaged with our neighbours’ cultures and religions as we are with our own. We are the most successful multicultural society in the world. Nobody else has done it as well as this. It is not an accident and it is based on recognising that as in every big family, harmony depends on mutual respect.
Shorten:
There can be no doubt in my mind that in the last four and five weeks, we have seen both the best and the worst that our nation has to deal with. On one hand, we have had the dreadful, tragic, shocking Parramatta killing, which has left the whole nation in mourning. But in the following days and weeks, we have seen best of our country as well. Not the least of which, might I say we see now a coming together of the political debate in this country.
Di Natale:
This is the way the parliament should work, people coming together to celebrate some of the things that make this nation a great nation and I look around and my heart sings when I see the wonderful diversity that is here before us. The people from many different cultures, backgrounds, religions, coming together, making an enormous contribution to the country and making us the most successful multicultural nation on earth. It is a wonderful celebration.
Updated
Mike Baird’s spokesman has further clarified the situation regarding the NSW/federal counter-terrorism laws. They will work with the Turnbull government unless they do not get the measures they need.
NSW is determined to see strong new measures implemented to assist counter-terrorism investigations and address the changing terrorism threat.
NSW will continue to work with the commonwealth and other jurisdictions to ensure a nationally consistent approach.
If nationally consistent measures are not implemented, NSW will consider changing its own legislation to ensure that our law enforcement agencies have the tools they need to respond to terrorism threats.
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Our colleague is reporting...
Former ACT Chief Min. Katy Gallagher promoted straight into @billshortenmp shadow cabinet. Changes to be announced after caucus #auspol
— James Glenday (@jamesglenday) October 12, 2015
The National Day of Unity events are coming up. Mike Bowers is lurking.
It being the 40th anniversary of Gough Whitlam’s dismissal, the Museum of Democracy is live-tweeting the events as they happen.
They are worth a follow.
To mark the 40th anniversary of Dismissal of Whitlam Govt @MoAD_Canberra will now be tweeting events as they happened…#Dismissal1975 [1/2]
— MuseumofAusDemocracy (@MoAD_Canberra) October 12, 2015
…in the words of those who were there. To follow and join in the conversation, use #Dismissal1975. 29 days and counting! [2/2]
— MuseumofAusDemocracy (@MoAD_Canberra) October 12, 2015
Paul Daley, known to Guardian readers, has written a lovely essay on the subject here.
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Barnaby is addressing the #BananabyBeef conference via the teleporter.
@Barnaby_Joyce addressing #BananaBeef industry summit @ABCRural #agchatoz @AgForceQLD @cattlecouncilau pic.twitter.com/tNxtaccHQR
— Georgie Somerset (@GeorgieSomerset) October 12, 2015
@gabriellechan @Barnaby_Joyce @ABCRural @AgForceQLD @cattlecouncilau We are hoping! Banana Shire hosting 350 @ beef industry summit today
— Georgie Somerset (@GeorgieSomerset) October 12, 2015
Mark Kenny of Fairfax reports that the Gippsland National MP Darren Chester handed Tony Abbott membership forms to join the National party yesterday in question time. The Nats love Abbott and famously stymied any attempts against him in the failed February spill. They still have a certain wistfulness in parliament and have been stamping their feet on the water responsibilities.
Chester says it was just a bit of banter.
.@srpeatling @smh For the record, I had the membership forms in my jacket & threatened to sign up Kevin & Tony - it was just a bit of banter
— Darren Chester MP (@DarrenChesterMP) October 12, 2015
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Who has the counter-terrorism powers – state or commonwealth?
Thanks to my legal brains trust for talking me through the state and commonwealth powers in regard to proposed counter-terrorism laws.
My key question was: how can the states go it alone if Brandis has signalled that the commonwealth could be in breach of the constitution if it goes too far on detention?
Mike Baird has signalled that he may go it alone on the other police powers he has requested. (See previous post.)
As reported earlier, Brandis has already given the commonwealth tick to expanding the capacity to apply control orders to people aged 14 or more. The current law only applies to 16. As to the other elements of the federal legislation, we have yet to see the details.
But Brandis warned this morning that if the government went too far on legislating detention orders, the commonwealth could be in breach of chapter three of the constitution. That is the bit which relates to the separation of powers. Essentially, if the commonwealth brings in laws that allow a person to be detained for too long, it looks more like a judicial power than an executive (government) power. That would be a punishment.
So Brandis said while the commonwealth had to be careful, the states may make their own legislation.
These sorts of control and detention powers have always been in the lap of the states. When John Howard was trying to get previous counter-terrorism legislation through in 2005, the states and territories agreed to work with the commonwealth to achieve uniformity. Even though it was their bailiwick.
Since then, the commonwealth has entered more and more into this area. What Brandis signalled this morning is the federal government cannot keep going for ever.
If Baird goes it alone, it will signal the states have moved back to their original jurisdiction.
Updated
NSW terrorism law wish list: if commonwealth do not move, NSW will go it alone
NSW premier Mike Baird has released a statement detailing what his government wants:
With respect to pre-charge detention under the Commonwealth Crimes Act, NSW has highlighted that the current powers do not allow police to sufficiently question suspects who are detained under these orders, and only allow suspects to be detained for a limited amount of time. The changes requested include the following, which are largely modelled on UK laws.
The specific requests from NSW are:
- Allowing arrest and detention where there is a reasonable suspicion that the person is involved in an imminent terrorist attack
- Having an initial detention period of up to four days, with the potential to be further extended by the courts, up to 28 days
- Permitting questioning for evidential purposes
- Establishing a mechanism which allows a judge to rely on sensitive information that can be withheld from the affected person
- Furthermore, NSW has requested that the commonwealth lower the age of control orders for terrorist activities from 16 years to 14. This would mean that from 14, teenagers who could engage in terrorist activities could have control orders placed upon them, limiting where they can go, who they can meet and what they can do.
If the states cannot reach a uniform agreement on this step, then NSW will consider changing its own legislation to ensure people as young as 14 can be subject to orders.
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Stop all the clocks, cut off the telephone, prevent the politician from barking with a juicy bone ...
Apologies to W.H.Auden.
Darren Chester reports last night at 9.06pm:
Time standing still in Parliament - the clocks have stopped working & Speaker holding up 30 sec sign to tell MPs time is running out #auspol
— Darren Chester MP (@DarrenChesterMP) October 12, 2015
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In order to understand which bits of your electronic communications may be monitored, you may like to read this piece by Paul Farrell:
The new world of Australia’s data retention scheme begins on Tuesday. From now, certain types of phone, internet and location data will be compulsorily swept up by telecommunications companies for the benefit of government agencies.
The new laws vastly expand the retention of personal data. Until Tuesday, retention by phone and internet providers was inconsistent. Data about who Australians called and texted was generally held by larger companies for billing purposes, but much more will now be stored, for a mandatory period of two years. Location data, information about devices, IP data of email logins and amount of data used will all be retained.
The government has emphasised that this type of data is only “metadata”, not content. But in aggregate, the effect is the same. It inescapably paints a picture of our lives.
A bill enabling trial sites for the so-called Healthy Welfare card is due to be debated in the Senate today.
Shalailah Medhora reports that a question mark remains over the fate of the bill after Labor and key crossbenchers called for more time before deciding on the legislation.
Ceduna in South Australia is the first town to sign up for the trial. Under the trial, 80% of a recipient’s welfare payment would go on to an electronic debit card that would not be able to be used to gamble or buy alcohol. The remaining 20% could be spent on anything, including gambling and alcohol.
Just a note for your amusement, libertarian Liberal Democrat senator David Leyonhjelm is supporting the welfare card, which limits freedom of spending.
From his maiden speech:
Classical liberals support liberty across the board. I have long thought that leaving people alone is the most reasonable position to take.
Updated
A bit of housekeeping for you.
Party room meetings occur this morning, meaning parliament does not sit until midday.
Labor will discuss its negotiating position on the China free trade agreement at its party room. We are awaiting a response from the Malcolm Turnbull government on whether it will negotiate some protections of labour laws.
We shall have briefings out of those party rooms for you.
Around the same time, at 11am, Malcolm Turnbull, Bill Shorten and Richard di Natale will come together with faith leaders to celebrate the National Day of Unity. This started last year as a way of promoting intercultural understanding. Turnbull was already slated to do it pre-spill, but his elevation and the Parramatta shooting have increased the focus on this event.
Canning Liberal MP Andrew Hastie gives his first speech at 6pm tonight.
The excellent Canberra Insider Tweep has provided us with this reminder:
#OnThisDay 2013: Bill Shorten was elected Labor leader, beating Anthony Albanese with 52.02% of the vote. pic.twitter.com/biwcWSLgCy
— Canberra Insider (@CanberraInsider) October 12, 2015
Brandis says new terror laws need balance or will contravene the constitution
There will be particular protections in the new control order legislation which will limit police and agency powers when dealing with children 14 or older to ensure they are not dealt with in a way considered “unreasonable”, according to George Brandis.
The NSW government wants to be able to hold people without charge for up to 28 days. Brandis says there is no impediment to the states legislating to allow detention for that long but the federal government may run into some problems.
There is a legal impediment, I am advised, for the commonwealth to do so and that is because detention without charge for an unreasonably long period could be seen as a form of executive detention and therefore a violation of chapter three of the constitution which prevents the government from exercising a judicial power.
So NSW could go it alone? NSW can make their own laws, says Brandis, but the commonwealth has to strike the right balance to allow agencies to be able to carry out their jobs without undertaking “punitive executive detention”.
Punitive executive detention under commonwealth law can only be ordered by a court.
Brandis says he first flagged the fifth tranche of security legislation in June. The final draft of the bill was shared with the states on 2 September. He says the feds have been talking to the states for some months, so this should not be a surprise.
The bill will be introduced in three to four weeks – that is, not this sitting fortnight but the next.
Updated
Metadata laws come into force today
AG George Brandis is speaking to Michael Brissenden.
Brandis is speaking about laws which, as of today, require communications companies to keep two years of metadata. He says there should be no confusion about what metadata to keep and what to dump. Companies just need to keep their metadata, says Brandis. But can you explain what particular data, asks Michael.
The obligation is expressed very clearly in the legislation ... the obligation is to retain metadata for two years.
Brandis is not going to get caught trying to explain metadata again. But what?
That is set out with particularity in the legislation.
information about a communication as opposed to the content of the communication [will] be retained.
Small ISPs are finding it particularly difficult to adjust their businesses to comply and Brandis says the government is providing funding of $131m for them.
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Here is a little more Walker from Shalailah.
Former independent national security legislation monitor Bret Walker is scathing of control orders, saying they are “high-minded” and too theoretical.
“They may or may not have their advantages on paper [but] they’re yet to demonstrate [them] at all in practice,” Walker told ABC Radio on Tuesday.
He said he would “continue to doubt their utility” until law enforcement agencies are given the appropriate level of resources to monitor the orders.
“You still have the difficulty of how are you going to have all the man-power to track the control order?”
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Bret Walker says control orders are not overly effective because:
The groundwork that has to be done to successfully apply for one is so close to what is necessary in order to be able to charge somebody and then deal with them in the ordinary criminal manner, which includes of course remanding them in custody.
Walker, who used to be responsible for monitoring the government’s security powers, says control orders are not favoured by agencies in the field because they are expensive.
Having [people] wander around must obviously not be a form of control so you have to have surveillance. That is tremendously expensive and that is obviously a reason why decisions are taken not to apply for control orders in many cases.
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Just before I get to Bret Walker, NSW deputy premier Troy Grant, a former policeman, has commented on the need for new laws.
Clearly the shooting in Parramatta has demonstrated to the whole country that 14 is the appropriate age to have these powers [over] to protect the community.
Steven Blanks, of the NSW Council of Civil Liberties, is opposed.
The idea of detaining 14-year-old children for questioning without charge, and secretly for long periods of time, should be obviously unacceptable to the whole community
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Control orders on 14-year-olds under new terror laws
Good morning 14-year-olds and your parents,
Late last night, the Turnbull government announced its intention to press ahead with a new set of counter-terrorism laws. We do not have all the details or the legislation.
The attorney general George Brandis released this short statement:
In coming weeks, the Turnbull government will be introducing into the parliament a fifth instalment of counter-terrorism laws which have been developed in conjunction with New South Wales and other states and territories.
The new laws will, among other things, lower the age at which a control order can be applied from 16 to 14 years of age.
We look forward to continuing close consultation with the New South Wales and other Australian governments on these issues. As the threat evolves so will our response to ensure that our police and security agencies have the powers they need to keep our community safe.
The laws have come about following the Parramatta shooting of police worker Curtis Cheng by a 15-year-old boy. The NSW government asked the federal government for a range of new measures, including a lowering of the age for control orders and an extension of the abilities of police to detain people without charge and without application to a magistrate.
There is a range of reaction to the changes so I will bring you that shortly. Bret Walker, the former independent security monitor, is giving a very detailed response at this minute. Stay with us, and in your next email subject line, say cheers to your communications company, who will now be storing your metadata for two years. Except that those companies say they are not ready to do so because the government has not provided enough information on what records are necessary.
Mike Bowers and I will document the political day, so join in the conversation below or on Twitter. You can find me @gabriellechan and @mpbowers in the metadata storm that is the interwebz.
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