We have made it through second Monday intact. And not wanting to tempt fate, we are going to call it a night.
Tomorrow, Tanya Plibersek is at the National Press Club. I think you can expect to see a few education announcements floating around tomorrow ahead of the delivery.
Of course, estimates rolls on, as does the House. We saw a pivot in attack from the government today, with question time focussed on franking credits, rather than border security. But as the Nauru decision starts to sink in, I think we can expect to see a bit more tomorrow about the medical evacuation bill as well.
A massive thank you to Mike Bowers, even if he did eat my soup today, and of course, to Katharine Murphy and Paul Karp, and the rest of the Guardian brains trust that keep this little blog ticking over.
And to you, for reading, commenting and following along. I may not get to all of the messages, but I try. We do appreciate you joining us every sitting day and hope to see you back here tomorrow morning.
In the meantime – take care of you.
You can see why Julia Banks had to start her question again in this.
Climate change inaction and its impacts on everyday Australians health is a serious concern. As an Independent I will always fight for climate change policy action and hold the Government to account in the Parliament. #auspol @theMJA @healthy_climate pic.twitter.com/xX6oBQAExZ
— Julia Banks MP (@juliabanksmp) February 19, 2019
Attorney general's dept officials say Michaelia Cash's legal bill for the AWU raid matter is up to $288,000. That's taxpayer funded. #auspol #estimates
— Paul Karp (@Paul_Karp) February 19, 2019
In Senate estimates, attorney general’s department deputy secretary Ian Anderson has revealed small business minister Michaelia Cash’s legal bill for the AWU matter has so far been ... $288,812.
It is routine for the commonwealth (taxpayers, i.e. you) to pay minister’s legal bills if litigation relates to their work as a minister. The attorney general approved the spending and the costs are certified by the department (presumably to ensure we’re all getting value for money!)
Anderson said that Cash is the only minister with taxpayer-funded legal costs approved.
Updated
Rachel Siewert said evidence from an estimates hearing today has shown a “significant increase” in Administrative Appeals Tribunal cases regarding Centrelink.
Siewert said there had been:
• 77% increase in appeals relating to the Disability Support Pension (DSP)
• 41% increase in appeals relating to Newstart
• 34% increase in appeals relating to Youth Allowance
There was also a 75% increase in appeals relating to the NDIS.
“This is deeply concerning, successive governments have attempted to make it harder and harder for people to access the social safety net and this is particularly clear when it comes to the DSP”, she said in a statement.
“Given the on-line compliance program, the punitive approach to Jobseekers and the demonisation of people on DSP, I’m not surprised there has been an increase in appeals.
“The overhaul of the DSP eligibility criteria and new assessment process has meant that there is greater difficulty in accessing this payment”
Updated
Would it even be Australia if someone wasn’t sticking a ruler into the ocean to protest climate change?
Time to see what Tasmanian conservatives are up too!
— angela mary claire (@AngeMaryClaire) February 19, 2019
*opens Facebook*
*closes Facebook* #Auspol pic.twitter.com/3PIyzyJfHR
Brendan O’Connor from a little earlier:
We’ve had two cabinet ministers refuse to respond to requests, multiple requests, from the Australian federal police to provide witness statements which is in part reason for the inability of the director of public prosecutions to charge people for the criminal conduct in leaking that information. The prime minister misled the House today in saying that the ministers fully cooperated. And the minister for home affairs also misled the House today when he indicated that the ministers in question had provided statements.
So we have the prime minister and the minister for home affairs misleading the parliament about the conduct of Minister Cash and Minister Keenan in relation to their failure to respond to the request by the Australian federal police to provide witness statements in relation to the criminal offence that occurred by the leaking of information to the media in relation to those union raids.
This is something that should be resolved by the prime minister. He should compel both Minister Keenan and Minister Cash to provide witness statements to the AFP as they requested. That would allow sufficient evidence quite possibly, sufficient evidence for the commonwealth director of public prosecutions to charge someone for a criminal offence.”
Updated
From the chamber a few moments ago:
Updated
Integrity campaigners have welcomed parliament’s passing of new protections designed to shield corporate whistleblowers from recrimination.
The bill strengthens the protections available to corporate whistleblowers on a number of fronts.
It makes it easier for them to retain protection if they choose to go to the media when their efforts to speak up internally go nowhere.
It also requires large companies to have their own whistleblower policies, and makes a company liable to pay compensation for any reprisals against the whistleblower.
The current system only protects whistleblowers if such reprisals meet the high standard of “criminal” victimisation.
The bill passed the Senate on Tuesday, a development welcomed by integrity expert Prof AJ Brown, an expert with Griffith University, and crossbench senator, Rex Patrick, both of whom were key in pushing the bill forward.
Brown tweeted the new laws were a “huge step and breakthrough for stronger compensation rights, the duty to support & protect, & public interest disclosure”.
Patrick thanked the Coalition and jobs minister, Kelly O’Dwyer, for what he said was a collaborative effort.
“These historic and world leading whistleblower protections will empower employees to call out unethical behaviour in their workplaces without fear of repercussions,” Patrick said.
Updated
Adani has responded to the Queensland department of environment and science’s final report into its planned Galilee coal mine, and the fate of the Black-throated finch that lives in the area (spoiler, Adani is NOT happy):
“Late last night Queensland Government’s Department of Environment and Science sent us the final report from the external review of our Black-throated Finch Management Plan.
“To say we’re disappointed in the final version is an understatement. The department has ignored the feedback that we provided to them last week on the plan and has not addressed the issues we raised.
“The final report still contains false and inaccurate statements about the management plan, including hysterical claims on local extinction, which directly conflict with the scientific advice the Queensland and Australian governments have relied upon to date.
“We reject the report and its findings in their entirety.
The report still contains unverified opinions regarding climate change and other projects in the Galilee Basin which are completely outside the scope of the Black-throated Finch Management Plan.
“This still reads as an anti-Adani lobbying document, dressed up as science.
“We note that one of the few things that has changed from the draft to the final version, is the removal of formal references to the work of April Reside, a person who has been actively campaigning against the Carmichael Project for years.
“On many occasions we have stated our grave concerns that a person such as Prof Brendan Wintle who leads an organisation with individuals who have made anti-coal, anti-mining and anti-Adani statements in the past, could not possibly lead a review of our Black-throated Finch Management Plan without such strongly held views prejudicing the contents of the report.
“We remain committed to advancing our project and to this end we will continue to work with the Queensland Government so that these plans can be concluded and we can get on with delivering the thousands of jobs our project will deliver.
“One thing is for certain – we’re not going anywhere. We’re committed to the regions. We’re committed to providing desperately needed jobs. We’re committed to delivering the Carmichael Project for regional Queensland.
“The Queensland Government keeps shifting the goal posts for Adani. We are simply seeking a fair go.”
Updated
For the record:
.@D_LittleproudMP is this register of pecuniary interests up to date? because it looks like you and your spouse own Woolworths shares. #auspol pic.twitter.com/XBkTJopj15
— Jason Murphy (@jasemurphy) February 19, 2019
I have 25 shares in Woolworths worth about $700. A simple google will reveal I’ve also bashed Woolworths, CBA, ANZ, and Telstra and I’ve got shares in them too. So long as Coles and Aldi refuse to be fair to farmers they can expect more heat from me
— David Littleproud (@D_LittleproudMP) February 19, 2019
In finishing, Wayne Swan tells his colleagues to “not be too confident”. He also pays tribute to Bill Shorten and his senior frontbenchers for the new lease of unity they have brought to the party.
Here is what the chamber looks like right now:
Wayne Swan delivers his valedictory in the house this evening, the government benches were nearly empty @AmyRemeikis @murpharoo @GuardianAus #PoliticsLive pic.twitter.com/Pz9e3akVmA
— Mikearoo (@mpbowers) February 19, 2019
“You don’t feel the bullets you dodge, and we dodged a big one,” Wayne Swan says, of the GFC.
Wayne Swan says the Labor government navigated Australia through the global financial crisis “through choice, not by chance”.
“We knew from the failures of the 1930s and the 1990s, what recessions do,” he says.
“...We also know it takes a decade or more to recover ... not learning those lessons would be ignorant.”
He said that is why the government rejected austerity policies to get through the GFC.
Updated
Wayne Swan pays tribute to Julia Gillard and says it was a great honour to serve under the first female prime minister.
He also says how happy he is to have a woman, Anika Wells, replace him as the candidate for Lilley.
Wayne Swan is on his feet, talking about his career, which included eight election wins and one loss, since 1993. Or as he describes it, enough days to cover almost four continuous years of parliament.
Wayne Swan says yesterday was his 35th wedding anniversary, and two hours ago, he became a grandfather again.
So it’s a good week to be Wayne Swan.
The Australian Financial Review has tracked down the Paladin office.
From the Tom McIlroy, Jonathan Shapiro, Angus Grigg and Lisa Murray report:
Paladin, the security firm at the centre of the $423m contract scandal, has a secret office in Canberra, just three kilometres from Parliament House.
The Australian Financial Review visited an office location near the fashionable Kingston Foreshore precinct in which Paladin staff are based.
That address, however, is different to the Canberra location that was provided to corporate regulators as the company’s registered office and principal place of business, in a filing last week.”
Updated
The peak industry body for nursing homes has defended lobbying the federal government to drop references to “comfortable internal temperature” in new regulations for aged care operators.
Draft standards contained the reference but the final regulations, which come into force in July, do not.
Leading Age Services Australia in its submission responding to the draft regulations said: “This may be interpreted that all services are required to have air-conditioning. This needs to be clarified in the rationale and evidence section.”
Chief executive Sean Rooney was grilled about the issue at the royal commission into the aged care sector in Adelaide on Tuesday.
“They should have appropriate cooling and heating to meet the needs of (residents) and provide a comfortable environment,” he said.
Rooney said there “could well be locations” that air-conditioning is not a requirement at nursing homes.
Under further questioning from senior counsel assisting Timothy McEvoy, Rooney was unable to name a single location.
“There’s many ways to cool a room, air-conditioning is bar one,” he said.
Rooney said locations and building design may play a part in keeping residents cool.
“All we sought was clarification from government as to whether the requirement is all aged care facilities have air-conditioning,” he said.
McEvoy responded: “You’ve succeeded in clarifying it out haven’t you?”
Rooney disagreed saying under the new standards nursing homes must provide an environment that is comfortable and meets the needs of residents and staff.
Updated
From Mike Bowers’ lens to your eyeballs:
Updated
Wayne Swan will be delivering his valedictory at 4.10.
Updated
#Bobsplained out @AmyRemeikis @GuardianAus @murpharoo #PoliticsLive pic.twitter.com/XZaMgPfK7m
— Mikearoo (@mpbowers) February 19, 2019
As Luke said a little earlier, this is not going away:
As @SenatorDoug says, it’s game, set, match. The DPP tells #Estimates they would have prosecuted over the Cash police raid leak, except for Cash, Keenan and their staff refusing to provide witness statements. pic.twitter.com/B0Lu6n8tZ0
— Senator Murray Watt (@MurrayWatt) February 19, 2019
Updated
Has Julia Banks suffered from a pocket tweet?
Book Now - Cosy Tents | Glamping Daylesford and Blackwood, Victoria mynngc g fy j. MnVfxgjvvyvxvgvz drz https://t.co/QJ6iUWnIYX
— Julia Banks MP (@juliabanksmp) February 19, 2019
Speaking of Brendan O’Connor, he has announced another doorstop interview, this time for 3.45.
I’m sure you can guess at the topic.
Labor’s employment spokesman, Brendan O’Connor, is not letting up on the Michaelia Cash issue.
A few hours after he released a statement that simply said “Senate Estimates is on. Where is Minister Cash?”, O’Connor has now written to the secretary of the Department of Prime Minister and Cabinet, Martin Parkinson, asking for an investigation.
You might remember the AFP told estimates yesterday Cash and Michael Keenan, who was then justice minister, declined to be interviewed about how the 2017 AWU police raids were leaked to the media. The police chose not to lay charges citing insufficient evidence.
Cash told the court last week she was asked to provide a voluntary statement – and did provide a copy of the Hansard. The police told estimates yesterday this was insufficient to be a witness statement.
O’Connor claims that Cash and Keenan – whose office was implicated in the leaks in court last week alongside Cash’s – should be investigated for failing to meet ministerial standards.
“Minister Cash and Keenan’s refusal to participate in this AFP investigation raises serious questions about their compliance with the high standards of accountability required by ministers under the statement of ministerial standards,” O’Connor wrote to Parkinson.
Brendan O'Connor has written to the secretary of the DPMC asking him to investigate Cash and Keenan for failing to speak with police about the AWU raids. #auspol #estimates pic.twitter.com/jWdMO1D3Pc
— Luke Henriques-Gomes (@lukehgomes) February 19, 2019
Updated
Tony Smith announces that the clerk of the House, David Elder has called time on his working life in the parliament.
He’s been here for 38 years, five years as the clerk.
He’s asked for no speeches, today, Smith says, but he gets a round of applause from the chamber.
Updated
Scott Morrison ends question time. With only a handful of mentions of the chum bucket.
Bob Katter has just walked into question time.
He is addressing his fellow crossbenchers. It looks like they are getting Bobsplained, given their expressions.
Brendan O’Connor to Scott Morrison:
Today, the prime minister told the House that neither minister Cash or the human services minister received any further requests for information from the AFP. But the AFP yesterday told Senate estimates the ministers were asked twice to provide witness statements, and they refused to do so.
Who’s right, Prime Minister? The Prime Minister, or the Australian federal police?
Morrison:
The reality, Mr Speaker – as the commissioner pointed out yesterday, or the deputy commissioner, Leanne Close, pointed out yesterday – there was a request made to the respective ministers. They provided a statement to the AFP, and that was it, Mr Speaker.”
Updated
Jim Chalmers to Scott Morrison:
I refer to the Prime Minister’s previous answer. Did the government use the same processes that it followed when it gave an almost $500m contract to the secretive Paladin Group, and is following in the government’s privatisation of visa processing, where one of the tenderers is run by a company run by a friend of the prime minister?
Morrison:
Well, the member for Rankin’s got his hands so deep in that chum bucket now, Mr Speaker, it will be smelling and smelling and smelling for weeks. I know the member for Rankin has been looking very, very cocky lately, because the member for McMahon – the weakest link in the Labor party – has been under siege, Mr Speaker.
No-one’s happier than the member for Rankin for the member for McMahon’s failures when it comes to his taxation policies for the member for Goldstein, the committee and the Treasurer have been exposing.
And I refer the member to the comments by the Minister for Home Affairs, and he should take his hands out of the chum bucket.
Updated
Jim Chalmers to Scott Morrison:
On 16 August 2017, the finance minister signed off on this brief about awarding a multimillion-dollar whole-of-government contract to a subsidiary of Helloworld. Can the prime minister guarantee to this House that the awarding of this contract involved no conflicts?
Morrison:
I refer the member to the minister for finance’s statement, to the finance and public administration committee in his media release today, and I table that release, which goes to the issue that the member has raised.
Mr Speaker, I make this point. You always know when Labor’s in trouble, because they go to the bottom of the chum bucket as usual, Mr Speaker.
They’ve got the drawer over there – the low drawer, the one right down the bottom. And when this leader of the Labor party is in trouble, when he’s under pressure, whether it’s because of his failed decision and weakness on border protection, or the fact he wants to put $200bn on of higher taxes on older Australians, and he’s caught out by the excellent work of the treasurer and the member for Goldstein and the other members of the House committee on economics – what do Labor do?
They go to that bottom draw and they start chucking the mud, Mr Speaker. You always know when Labor are in trouble – they start slinging the mud.
Plankton would be so proud. His establishment, mentioned in the Hansard.
Updated
Labor is still rolling its eyes at Tim Wilson asking about franking credits.
Someone who didn’t get thrown out for an interjection was Ed Husic, who, as Josh Frydenberg finished his answer, called out “written and authorised by Geoff Wilson”.
Oh the lols in this place.
Jim Chalmers to Scott Morrison:
Can he assure the House that every one of his ministers – including Minister Cormann, and every minister sitting behind him – has fully complied with the high standards required of ministers in his Statement of Ministerial Standards in all of their dealings with Andrew Burnes and his businesses?
(This is a question about Matthias Cormann admitting he has booked holidays by calling the CEO of the travel company Helloworld directly. The CEO, Andrew Burnes, is also Liberal party treasurer.)
Morrison:
I’m advised there’s nothing before me that would conflict with the question that the member just put to me.
Updated
Mark Butler to Scott Morrison:
Labor has repeatedly called on the prime minister to schedule extra sitting weeks so that recommendations of the banking royal commission can be implemented before the election.
Today, it’s reported that the Minister for Agriculture said the government couldn’t legislate its so-called “big-stick energy laws” because it had run out of sitting days.
If the “big stick” is really so critical, why won’t the prime minister schedule extra sitting days? Is it because the prime minister has lost control of the parliament, or because – after 11 failed attempts in three years – this government and parliament’s policy on energy...
Butler runs out of time, but you get the gist.
Scott Morrison:
The government’s policy is to hold the big energy companies to account. We will stand with the Australian people to ensure they get the best possible deal for the energy companies.
He introduces the minister for energy, Angus Taylor.
Angus Taylor:
Mr Speaker, for years now, we have seen the big energy companies putting through sneaky late payments – sneaky premiums being charged to customers – because they pay an hour late or a day late. Mr Speaker, this is absolutely unacceptable behaviour, and we will not stand for it. We’ve seen customers paying as much as $1,000 a year extra because of these dodgy practices from the big energy companies. Mr Speaker, we’re passing through a whole series of changes to keep the big energy companies to account. You voted against them 11 times, Mr Speaker. 11 times. We, on this side of the House, sit on the side of the hardworking small businesses, the hardworking households of Australia. Those opposite sit on the side of the big energy companies.
Updated
Greg Hunt listens to a question from Julia Banks during #qt @AmyRemeikis @murpharoo @GuardianAus #PoliticsLive https://t.co/NRhrfux4RB pic.twitter.com/O9TkD09CTD
— Mikearoo (@mpbowers) February 19, 2019
Craig Kelly has the next dixer and you can tell he definitely wrote it himself by how he is reading every single word straight off the piece of paper in front of him.
There is some problem with the microphone, but no one notices at first, because Kelly has often displayed the unique ability to not understand how microphones work– that is, you don’t have to yell into them, because its one job is to amplify your voice.
Brendan O’Connor to Scott Morrison:
Today in Senate estimates, the director of public prosecutions said that a factor preventing the prosecution of a leak of the AFP raid was a failure of people to provide witness statements.
Will the prime minister order minister Cash and the minister for human services to provide witness statements to the police and fully cooperate with the police so that whoever has broken the law can be brought to justice?
Morrison:
I can say I am advised that ministers were invited, on a voluntary basis, to assist the AFP in their investigation. I’m advised that both ministers did, in fact, cooperate with that investigation on a voluntary basis.
I’m advised that neither minister received any further requests for information after they responded to the AFP’s initial invitation to provide information. The ministers have cooperated with the AFP investigation.
There are interjections from behind me encouragingly to advise the House: ‘What is this matter actually in to?’
The matter is into the AWU’s providing of member fees to GetUp and, indeed, the leader of the Labor party, Mr Speaker.
That’s what it is. And the questioner has asked me that, if there are people responsible for things, then this should be exposed.
Well, they should! So why won’t the leader of the Labor party come clean and provide the evidence which shows – allegedly he believes it does – that this didn’t happen? Mr Speaker, the biggest obstacle to this investigation is the leader of the opposition, who refuses to come clean on the very serious allegations that the union that he was running and involved with, Mr Speaker, directed members’ fees to GetUp and, indeed, his own campaigns, Mr Speaker. Why doesn’t he come clean?
Updated
Margaret Thatcher quote.
DRINK
Josh Frydenberg finishes his answer to Bowen with:
“The Labor party is being found wanting.”
Which just makes me think of the very underrated Heath Ledger movie, A Knight’s Tale, where every character, at one point of another, has been weighed, measured and found wanting.
Updated
Chris Bowen to Scott Morrison:
Earlier in question time, the prime minister called Labor’s proposed laws to clean up the banks “reckless” – just like he called the very idea of a royal commission “reckless” as he was voting against it 26 times.
When will the prime minister learn his lesson, apologise to the Australian people for voting against a royal commission 26 times, and schedule extra sitting weeks to work with Labor to finally clean up the banks?
Josh Frydenberg gets the nod:
(please refer to every other question on this for the past two days)
Updated
Tim Wilson gets a dixer on franking credits.
Mark Dreyfus is booted for interjecting “how are your shares going?”
“Is this questioned sponsored by anyone” gets Brian Mitchell kicked out.
Josh Frydenberg starts his answer with “what a fantastic job he has done”
Really, this whole dixer is the ultimate troll.
Bill Shorten to Scott Morrison:
“After the terrible, devastating floods recently in Townsville – and, indeed, throughout North Queensland – thousands of Australians will be making insurance claims for damage to houses, to livestock, and other losses.
Why won’t the Prime Minister schedule extra sitting days so this parliament can debate and pass laws to force insurance companies to treat their customers fairly?”
Morrison:
“There’s really nowhere you won’t go, is there, to try and make political points?” the PM says.
The Labor side of the chamber goes nuts, and then the government side goes nuts, and then we move on.
“There’s really nowhere this leader of the Labor Party won’t go... I mean, honestly.”
Morrison moves back to border protection....
“But I’ll tell you one thing that we’ve also had to deal with and we’ve had to be distracted by. That’s this leader of the opposition coming in here and voting for a bill – voting for a bill – to weaken our border protection that will cost this country $500m in the next two years. I would have preferred to put that money into supporting people in North Queensland. This leader of the Labor party came in here and committed Australia to $1.4bn to reopen detention centres, to clean up his mess.”
Updated
Julia Banks has the crossbench question and its to the minister for health.
It takes a beat or two for the government benches to realise that Banks is asking Greg Hunt a question – the Greg Hunt she is challenging.
Tony Pasin, who appears to have learnt gum-chewing lessons from the local cow paddock, is particularly exercised by this development.
The interjections from the government benches are so loud, Banks has to start again.
Could the minister explain to the people in my electorate of Chisholm, and to the people in his electorate of Flinders, who are concerned about his role leading to environmental and climate change inaction, as to what he has actually done to address environmental health issues when the Medical Journal Of Australia and countless doctors and health professionals state that climate change inaction – in which he has played a significant role – threatens the lives and health of all Australians?
“Good question,” yells Labor.
Hunt:
I could not be more delighted to receive this question from the member for Chisholm on this topic. The reason why is because, when we came into government, we were left with a gap of 750m tonnes to close our 2020 target.
We didn’t just close that gap in terms of emissions. We are now 368m tonnes in surplus. In other words, we have turned around, from Labor’s position, Australia’s emissions profile for 2020 by 1.1bn tonnes.
But we also inherited a Barrier Reef that was on the world heritage in-danger watch list. Labor put it on, and we took it off. Labor put it on, and we took it off.
As the prime minister said at the Press Club, “We are achieving our targets.” Those targets were set by the people on the other side – the very targets...”
Banks interjects on the grounds of relevance, but the Speaker, Tony Smith, says the reference to climate change was broad enough for Hunt to answer as he sees fit. “Hear, hear,” yell MPs on the government benches.
Hunt mentions targets again
“You’re the target,” yell Labor MPs.
Tony Burke asks Hunt to table the “watch list”, “because it doesn’t exist” but Hunt isn’t holding any documents to table.
Updated
Tanya Plibersek to Scott Morrison:
My question is to the Prime Minister: Tracy, who works in an Aboriginal cooperative, told the royal commission she was conned into paying more than $10,000 in funeral insurance premiums for a policy that was only worth $8,000. The dodgy company that sold Tracy this insurance used misleading marketing to trick her into believing that it was backed by the Aboriginal community. Why won’t the prime minister schedule extra sitting weeks before the election so this parliament can stop dodgy insurers ripping off Australians?
Morrison:
It’s a very serious issue, and it requires a very serious response. That’s what the government is doing in responding and taking action on all 76 recommendations of the royal commission. We will do so in a way that follows the proper process of getting legislation right, Mr Speaker. The Labor party have had 15 days to respond to the royal commission, and what they announced today, it sounds like they spent 15 minutes, Mr Speaker, putting it together.
The Labor Party cannot be trusted with these very sensitive matters. They demonstrated that last time they were in government, and they would do so again if given the chance.
Updated
Michael McCormack is Michael McCormacking the chamber.
He does come up with this though:
“Labor spent money on children in detention centres. We spent money on children in public schools.”
He’s getting louder, which means its almost over.
Chris Bowen to Scott Morrison:
A mother of two told the royal commission that, after being knocked back for a car loan by eight different lenders, a car dealership offered her a loan despite her small income and big credit-card debt. She was sold a lemon, fell behind in her payments, and Westpac found that she never should have been given the loan in the first place. Why won’t the prime m
inister schedule more sitting weeks before the election so that this parliament can legislate the recommendations of the banking royal commission?
Josh Frydenberg takes it:
I thank the member for McMahon for his reference to Hayne recommendations 1.7, Mr Speaker, which is about removing the point-of-sale exemption for responsible lending obligations.
I can tell the member for McMahon that we agree with this recommendation in full, Mr Speaker.
But we also recognise that this recommendation needs to be carefully implemented because it will impact on thousands of Australian businesses, Mr Speaker. So after discussions with the ...
Mr Speaker, after ... talking to the Treasury Implementation Task Force about the various recommendations from the Hayne royal commission, this is one which we really need to carefully work through the implementation. It will require a consultation paper and discussion with key stakeholders.
Mr Speaker, it was interesting that, when the Labor Party at this doorstop earlier today announced that they were going to provide part responses to just 6% of the Hayne recommendations, there was the conspicuous absence of any talk about Labor’s position on mortgage-brokers, Mr Speaker.
On mortgage-brokers. And that is because the member for Hotham – who has now left the chamber – went out publicly and said the Labor party will implement every single recommendation of Hayne, Mr Speaker.
He goes on to talk about mortgage brokers.
Clare O’Neil is booted.
Updated
The first dixer is something along the lines of just how strong is this strong government, and is the prime minister aware of any alternatives that may not be as strong?
You will not be surprised to hear that the prime minister is very aware of alternatives.
Question time begins
Bill Shorten to Scott Morrison:
Today, Labor has three bills ready to implement recommendations from the banking royal commission.
When will the prime minister stop running a part-time parliament and schedule extra sitting days so Labor’s bills can become law before the next election?
Why is the prime minister putting the banks ahead of the people, just like he did when he voted against the banking royal commission 26 times?
Scott Morrison:
I’ll ask the treasurer to add further to this answer. What the government is not go to do is engage in reckless legislation. We will engage in responding to all 76 of the recommendations of the royal commission, and we’re going to do it in a measured way, consulting to ensure there are no unintended consequences.
Because our government doesn’t engage in reckless legislation, Mr Speaker.
Our government doesn’t do that. What the leader of the Labor party did in this place last week was to engage in reckless legislation to undermine Australia’s border protection regime. We’re already seeing the unintended consequences of it already, Mr Speaker.
He didn’t think about it when it was voted on in the Senate, or here. He demonstrated his weakness, Mr Speaker. The leader of the Labor party cannot be trusted with Australia’s future.
Josh Frydenberg:
This is what a response to the royal commission looks like, Mr Speaker. (He waves the government’s response). Not a doorstop with a couple of suggestions, Mr Speaker. The leader of the opposition, knowing that there were 76 recommendations, held a doorstop and announced part responses to – how many? Five, Mr Speaker. A mere 6%. And the member for Hotham proudly went out on ABC Radio and said that the Labor party would provide a comprehensive response within a week, Mr Speaker. It’s now two weeks later, and we have yet to see a response.
It goes on, but I can not.
Updated
Dementia Australia chief executive, Maree McCabe, has called for mandatory dementia education for aged care workers.
She told the royal commission hearing in Adelaide on Tuesday that half the population of Australian nursing home residents have dementia and thousands remain undiagnosed.
However the workforce of 240,000 aged care staff nationally are unprepared to deal with dementia patients.
She said 70% are personal carers and their training doesn’t provide any specific dementia education.
“One of the key things about education is about developing empathy,” McCabe told the hearing.
Meanwhile, Aged & Community Services Australia, a peak body for not-for-profit nursing homes, raised concerns about red tape stopping elderly residents enjoying small freedoms.
Chief executive Pat Sparrow told the commission elderly people under the current system weren’t being given the opportunity to experience “the dignity of risk”.
She said in some cases residents who want to go to buy an ice-cream from a shop after dinner were being discouraged.
Sparrow also cited the example of NSW food regulations which had previously banned soft-boiled eggs from being served in nursing homes because of a small risk of listeria.
“It had to be boiled in excess of 15 minutes,” she said.
“Our view is that if you’re 80 and made decisions all your life, and have fought in a world war and brought up a family, and you want to have a soft boiled egg then you should have a soft boiled egg. That should be a choice you should be able to make.”
Updated
Scott Morrison and his many coloured folders walks in with Josh Frydenberg
We are in the chamber, so it’s time for who’s that MP?
It’s Pat Conroy
Brendan O’Connor was asked about Labor accepting asylum seekers and refugees may be treated on Christmas Island:
It goes really to the question of medical requirements. And I would think that that decision has to be made by the minister, having listened to the advice of the medical experts. But I understand one of the reasons we transfer people to the mainland, and why the current government transfers people to the mainland of Australia, is that’s where the medical expertise is.”
Earlier today, Bill Shorten had said this:
If the medical treatment is delivered and delivered on Christmas Island and it makes people well, that’s fine.”
Updated
The motion that Labor senators in the legal and constitutional affairs committee were trying to pass to force Michaelia Cash to front, has failed.
The information regulator has just been up before estimates, and we’ve heard yet more evidence of it struggling with increased demand and threadbare resources.
The Office of the Australian Information Commissioner (OAIC) plays a crucial role in ensuring the government does not wrongly refuse or unnecessarily delay freedom of information requests.
In short, its job is to help keep the government be as transparent as possible. But the office has struggled since 2014, when it had its resources cut so significantly it was forced to shut down its Canberra office, with its information commissioner forced to work from home.
Funding has increased gradually since, but the agency is still operating well below minimum staffing levels it said it needed when it was established, and only has a single statutory officer, rather than the three it originally had.
Senate estimates heard on Tuesday that the pressure on the office has continued. It has experienced a 42% increase in requests to review FOI decisions in the past six months.
Some cases are now taking as long as 11 months, up from eight months, to assign to an OAIC officer.
The information commissioner, Angelene Falk, said pressure was also being felt in the agency’s handling of privacy complaints.”
For instance, for privacy the allocation time was around seven and a half months, and that’s moved to nine months.
“In FOI, in October last year it was eight and a half months, it’s moved to 11 months. So in terms of addressing that very real issue, we’re working very proactively in terms of the cause of the increased matters, working to seek to ensure that there’s good FOI decision-making happening in the first place.
“At the same time we are looking at our internal processes. We are putting more focus and resources into our early resolution processes, that is bearing fruit.”
After questioning by crossbench senator Rex Patrick, Falk said the OAIC could use more resources. But she said it was too simplistic to only ask for more resources.
Patrick had earlier clashed with assistant home affairs minister, Linda Reynolds, and chair, Ian Macdonald, after the crossbencher described the situation with the OAIC as a “disaster” and urged Falk to tell the government she needed more resources.
Updated
On Michaelia Cash and Michael Keenan, Scott Morrison had this to say this morning, when talking to Melbourne radio 3AW:
Neil Mitchell: Well what about another case, a former minister and a minister Michael Keenan and Michaelia Cash refusing to cooperate with the police investigation. That’s outrageous.
Scott Morrison: That’s not true.
NM: Did they refuse to give an interview?
SM: They were written to and they were asked to respond which they did and they provided responses and the police have not sought any further statement from them. So they have cooperated.
NM: It’s reported today they refused to give statements to federal police, is that right?
SM: They provided a response and the police have accepted that response and they haven’t sought any I’m advised, any further statement.
NM: So the police didn’t want a statement, so they ...
SM: Well I’m just saying that (they) cooperated with the investigation and nothing’s been sought from them. And remember what this is about. This is about the alleged …
NM A political leak.
SM: ... misuse of union funds by the AWU, Bill Shorten’s union. There was a raid because the police believe they were destroying evidence that may have suggested that the Shorten’s union was sending money, allegedly, to GetUp! and even to his own benefit. So that’s what this is about. So Bill Shorten should cooperate and actually provide the minutes of meetings and the other things that are necessary for the police to do their investigation. I think he’s the one with the questions to answer and obviously to be cooperating.
NM: Well I thought everybody should cooperate. You would hope, that didn’t happen here in Victoria.
SM: They should, you’re dead right Neil. People should cooperate with police investigations and my ministers have.
Updated
Murray Watt and Brendan O’Connor held a press conference to announce Labor would be demanding Michaelia Cash face the legal affairs estimates hearing:
Yesterday, we had evidence from the AFP that the reason – that, in their view – a crime had been committed in this information being leaked from minister Cash’s office. They recommended prosecution to the DPP. And the only reason that didn’t occur was because there are about eight people, including minister Cash and minister Keenan, who refused to provide witness statements.
Now, no other Australian has the luxury of turning down the police when they ask for a witness statement.
But we’ve got two senior cabinet ministers who thumb their nose at the justice system; who thumb their nose at the police and refuse to cooperate by giving a witness statement.
Now, today that evidence has been backed up by the DPP. What we’ve learned from the DPP today is that it was their opinion, on the evidence that the AFP forwarded to them, that there was a prima facie case that a crime had been committed, that it was in the public interest for a prosecution to occur.
But the only reason it didn’t happen was because they didn’t have enough evidence, particularly because ministers and staffers had refused to give evidence and refused to provide witness statements. So, we’ve got the DPP here.
We had the AFP yesterday. The only person who’s missing from this equation, who has any answers, is Michaelia Cash.
Now, the time for Michaelia Cash to remain in hiding is over. Enough of the whiteboards, enough of claiming privilege, enough of claiming immunities, it’s time that she actually did her job, came to Estimates, after the lunch break, and answered some questions that only she can answer. She has a lot of questions to answer and it’s not fair for her to put it on her public servants to do her dirty work and have to answer questions for her.
Committee about to meet, to consider Opposition motion to call @SenatorCash.
— Senator Murray Watt (@MurrayWatt) February 19, 2019
Updated
It’s the downhill slide to question time.
Hit me with your predictions.
Given Labor’s private members bills, I think you can expect the opposition to stick to the banking royal commission today.
Mike Bowers had a busy morning
Updated
Quick update on estimates
Mathias Cormann is having a tough morning on the chair. Let me bring you a quick summary of the evidence he’s given to date.
Cormann has told the hearing he booked three private trips to Singapore by calling the CEO of Helloworld, Andrew Burnes, direct.
Asked whether it is unusual to book travel by calling the CEO of a travel company on his mobile rather than calling a 1800 number, Cormann said: “I have to say, I’ve got close, personal relationships ... I’ve got a close personal relationship with Mr Burnes and I don’t think it is unusual to ask somebody who owns a business to sell products and services back to you on commercial terms”.
Cormann says he has no evidence the travel was provided to him at a discount. He says the travel was never intended to be free. His failure to pay the bill was an oversight.
Just to give some quick background on Burnes – he’s a Liberal party treasurer, and the company has made donations to the Liberal party. Cormann describes him as a friend he sees socially.
The finance minister says he had no involvement in a decision to give Burnes’ company a government travel contract, although he has given evidence that the CEO complained to him about the way the finance department was running the tender process. Cormann says he did not pass those complaints on to officials, and he told Burnes to take up his concerns with the bureaucrats.
The secretary of the finance department, Rosemary Huxtable, says she fielded concerns from Burnes about the process leading to Helloworld being given the contract, but did not pass the concerns on to the procurement team because he didn’t want to make a formal complaint. She says she didn’t make notes of the conversation. Huxtable says the only time she’s ever discussed the tender with Cormann was last night, when he sought particulars as part of answering questions from Fairfax Media.
Cormann says he has no issue with a company, with close links to the Liberal party, being awarded a tender provided all the probity checks were carried out.
He says companies able to provide services at competitive cost should not be excluded from bidding for government work because some of their personnel participate in the democratic process.
“You are saying taxpayers of the commonwealth should have to pay more,” he says.
The finance minister also pointed out that Labor awarded a contract to Helloworld when it was last in office. Cormann says the latest contract extracted savings.
Penny Wong editorialises that the whole arrangement looks “cosy and comfortable”. Cormann says the contract was “merit-based”.
The committee is taking a lunch break now. I’ll keep you posted.
Updated
In the Labor caucus, one MP noted the opposition had to consider 17 government bills last week and 25 bills this week and ventured the view “it is impossible for all of these to be passed”.
The manager of opposition business, Tony Burke, responded that unless the government schedules additional sitting weeks there is “absolutely no prospect” of those becoming law – after this week there are only three sitting days between now and August.
In further on-record comments to reporters Burke said:
“The concept of the government saying there are effectively more than 40 pieces of legislation that need to become law then in the same breath claiming we don’t need extra sitting days doesn’t add up.”
Burke said there was “nothing normal” about introducing this much legislation before an election and he “can’t see any logic” in what they’re doing. Although some are uncontroversial, Burke suggested he would be “stunned” if as many 10 of the bills passed before the election (expected for May).
Another highlight from caucus - shadow finance minister Jim Chalmers said Labor would “examine all options” if the government signed a contract to privatise the visa processing system.
That’s sure to scare off potential bidders.
Updated
Amnesty International Australia’s Tim O’Connor had a few things to say about the Border Force admission regarding its stuff up and how it related to Hakeem al-Araibi’s detention:
It is absolutely unacceptable that Hakeem, a completely innocent man supposedly under the Australian government’s care, was detained for 76 days in Thailand in fear of his life simply because someone at Border Force ‘forgot to send an email’,” he said in a statement.
The Australian government must conduct an independent investigation into this monumental mistake that cost a young man and his family months of heartache and could have cost them much more had he been sent back to Bahrain. Our government must ensure that no other refugee is ever put in this situation again.
The results of any investigation must be made public immediately, and systems put in place to ensure no other person will suffer as Hakeem and his family have. ‘Human error’ must never again result in someone’s life being endangered.
Updated
AAP has been listening to the agriculture estimates (thank you). This report comes with a reminder that Barry O’Sullivan will be leaving the parliament once his Senate term is up this year, with the Queensland LNP having replaced his spot on the ticket with Susan McDonald.
Queensland Nationals senator Barry O’Sullivan says ‘some bloody old Chinaman’ is more risk to Australia’s biosecurity than levy-paying importers.
It was revealed at Senate estimates the agriculture department has received mostly negative feedback over the proposed biosecurity imports levy, which would tax containers brought into the country.
‘There’s a bigger chance of us having a biosecurity breach from some bloody old Chinaman that brings in his favourite sausage down the front of his undies,’ Senator O’Sullivan said at Tuesday’s hearing.
The new levy is due to start on 1 July and would be imposed on all cargo imported to Australia by sea, with the exception of military equipment.
It would be imposed on stevedores, with the initial rate set at $10.02 per incoming twenty-foot equivalent sea container and $1 per tonne for cargo not in a container.
Senator O’Sullivan said millions of people travelling across Australian borders were a higher risk than importers.
“I’m not opposed to a tax to raise money for biosecurity, but from those that pose a risk. So start with the Chinaman,” he said.
Updated
Coalition "authentic" on refugees, says Morrison
Scott Morrison targeted Labor’s record on border protection in the Coalition party room (no surprise there) but the way he did it may raise eyebrows – apparently it’s Labor politicising the issue:
In relation to border protection the Labor party has always failed because they’ve always looked at it through the political lens, and always focused purely on the politics of it. Whereas our position is authentic. We’ve been consistent. They [asylum seekers] are not coming here as long as we are here.”
The government also confirmed that it is working on a recovery package for northern Queensland after the floods. Three MPs also raised farmers “right to farm” without interference from animal rights activists for example, using drones.
Updated
Both Scott Morrison and Bill Shorten have made statements to the House recognising the 70th anniversary of Australia’s formal diplomatic relationship with Israel.
Labor’s decision to release three private member’s bills on banking reform is designed to step up pressure on Scott Morrison and the crossbench to recall parliament for extra weeks in March.
Without some more crossbench support from the likes of Bob Katter and Andrew Wilkie Labor lacks numbers to suspend standing orders to introduce the bills or recall parliament.
Bill Shorten:
“Does the Parliament want to deal with banking scandals and rip-offs or not? Mr Morrison should explain to people what he finds objectionable in clamping down on dodgy funeral insurance?
What does the Government find objectionable about clamping down and making sure that people aren’t getting ripped off in car loans? What does he find objectionable, in particular, about giving ASIC the power to scrutinise insurance contracts and claims practices, especially as thousands of our fellow Australians in northern Queensland are just recovering from the dreadful rains and floods that they’ve had there. So the onus is on him ...
“And that goes for the crossbench. Mr Katter has made a name of being sceptical about the bank’s scandals and performance. A great record. But he needs to explain - we know that there will be problems with insurance records. We know that there will be problems for funeral insurance. We know that there will be problems with dodgy car loans. Why would we turn a blind eye and let it go for another six months?”
Helen Davidson explains the Nauru decision to ban international medical transfers, based on telehealth referrals:
Under the health practitioners (overseas medical referrals compliance) regulations, all transfer referrals must now come from the Nauru hospital, through to the controversial overseas medical review panel, and be signed off by the minister.
Nauru officials have previously been accused of blocking the transfer of sick refugees, even under order from Australia’s federal court.
The move affects not only Australia’s medevac system but also Medecins Sans Frontieres.
Earlier this month it launched a telehealth service so it could continue to treat its patients on the island.
Guardian Australia understands the Nauruan government was informed of its launch but had not made any comment or responded to it, although perhaps this new law is their response.
MSF had been providing mental health care to asylum seekers, refugees and local Nauruans on site for almost a year when it was abruptly kicked off the island by the Nauruan government. The government accused it of conspiring against them with activists. MSF said it had been treating extraordinarily high rates of extreme mental illness among its entire patient cohort, and feared for their welfare after the organisation left.
While the new law does not outlaw the service, it prevents the MSF staff from referring patients to the review panel for an international transfer unless they send the patient through the Nauruan hospital.
“This telehealth service is MSF’s only remaining option to continue to act on our medical and ethical commitment to former patients,” said Christine Rufener, a clinical psychologist and MSF mental health activity manager.
The bills Labor plan on introducing, as summarised by Bill Shorten’s office include:
TLA (enhancing consumer protection) Bill 2019
1. Recommendation 1.7 - Removing point of sale exemption
This exemption allows salespeople to avoid consumer credit protections when they refer their customers to credit providers. Classic examples are car dealers or stores like Harvey Norman that refer customers to credit providers to get them to buy their products.
By getting rid of this exemption, we’re ensuring that car dealers and other salespeople have to comply with consumer credit laws that apply to credit assistance providers like brokers.
2. Recommendation 4.2 - Removing the exemptions for funeral expenses policies
This exception allows dodgy companies like Aboriginal Community Benefit Fund (not an Aboriginal company) to sell low-value funeral expenses products without having to comply with the rules around insurance. They are basically unregulated.
Removing the exemption will allow Asic to regulate these products and crack down on dodgy products.
3. Recommendation 4.8 – Removal of claims handling exemption
Insurance is regulated as a financial service – from sales to policy exclusions to disclosure. What’s not covered, despite being really important to customers, is claims handling.
The whole claims handling process is exempt from Asic oversight and regulation.
Removing this exemption will mean that insurance claims handling will be regulated.
Corporations amendment (ending grandfathered commissions) bill 2019
4. Recommendation 2.4 - Grandfathered commissions
We are implementing this recommendation sooner than the government proposes to. Commissioner Hayne said that it should be done “as soon as is reasonably practicable” and we are proposing to have it done by 1 January 2020. The government says they will do it by 1 January 2021. We are doing it a full year earlier.
Corporations amendment (strengthening AFCA processes) bill 2019
5. Recommendation 4.11 - Co-operation with AFCA
AFCA is the main place that consumers go to resolve disputes with banks. When a consumer goes to AFCA, they often know they have a problem – they might be behind on their mortgage or have lost money from their account - but the bank has all of the information.
Banks don’t have clear obligations to share information with AFCA about the issues that customers are complaining about.
This bill will require financial services providers to share documents with AFCA that are relevant to the issues that a customer complains about.
Updated
The bells have rung and the prayers said.
The House of Representatives is sitting for one of the last times before the election (seriously, we have like, five or fewer sittings left on the current election call timetable).
Updated
Bill Shorten on the Christmas Island decision and the Nauru government decision to potentially block transfers (we are still waiting to see what the actual outcome of that is):
We’ve got to maintain strong borders but also ensure humane treatment of people who are directly or indirectly in our care. That’s a fundamental principle of the Australian way of life.
What we’ve done is codify existing practice. 900 people under this government have come to Australia.
Somehow, this government thinks that for the 500 left, providing transparent codification of medical treatment is a factor.
That’s a complete lie by a government seeking to distract people from the failings of the government of Australia.
If the medical treatment is delivered and delivered on Christmas Island and it makes people well, that’s fine.
The issue here is the safe treatment of people within the context of strong borders. On Nauru, and I haven’t seen what the Nauruens have passed – they’re a sovereign country.
I’ve always said that. If they’re passing laws which they feel are necessary, they are to be respected for that, they are a sovereign government.”
Updated
So on the issue of mortgage brokers and “user pays” – the recommendation which has the whole mortgage broker industry up in arms – Chris Bowen says this:
The royal commission did identify issues in mortgage broking, real issues, which need to be addressed.
Now, the government has said that they’ll get rid of trail commissions and then have a review of upfront commissions but that doesn’t really provide much certainty for the sector with a review going forward.
We want to deal with the matters that the royal commission identified with mortgage brokers and the problems that they identified. Of course, we’ve been taking our time to carefully consult with all relevant parties and we’ll have more to say in the coming days about the approach. The approach will be fully transparent and explicit in our approach, not only well before the election, but in the immediate future.”
So that’s a wait and see then.
Updated
Chris Bowen on the private members bills Labor plans on introducing to the parliament, addressing the recommendations of the banking royal commission (well, some of them):
The royal commission recommended that grandfathered commissions for planners be removed “As soon as practical”. As soon as practical. The government’s response says they’ll get around to it on January 1, 2021. That’s not as soon as practical. We believe it can be done on January 1, 2020, and it legislated now. Give people time to adjust. Give people, planners and the financial sector time to implement it. It’s straightforward legislation which can be achieved now.
It can be achieved a full 12 months in advance of what the government’s proposed timetable is. That is not as soon as practical. The government is not achieving that recommendation. They say they’re taking action on all recommendations well, they’re taking more action on some than others. There’s 14 that they’re not implementing.
This is one of them where they’re falling short. We can do better.
Secondly: In a royal commission full of disturbing evidence, some of the most harrowing was in relation to funeral insurance, which is exempt from protections under the Act, protections under the law at the moment. Particularly concerning was the conduct of some in relation to funeral insurance with our Indigenous community. No other word than shameful exploitation.
That should not go on one day longer. The legislation we’ll put in will go on royal ascent - in other words, immediately. There is no excuse for this kind of behaviour to carry on until August or later in the year. It should stop immediately.
We’re prepared to legislate it in coming days and for it to apply from royal ascent, from the time that the government can send it to the governor general for approval after it was approved by both houses of parliament, which could be done, with a bit of good will from the government.
Now, these are two practical steps which we’re getting on with. We’ve taken our time to work through, based on thorough legal advice, what can be quickly implemented, keeping with the royal commission recommendations.
We’ve done that consultation, we’ve done that work and we believe that these are elements that can be implemented immediately. There are other things we accept and I’ve said from the outset, that are more complicated and will take more time and need more complicated drafting and consultation. But even the royal commission doesn’t recommend it is done urgently.
There are some in that category but others that we should be getting on with now.”
Updated
Kimberley Kitching: Is this the only discussion you have had with Mr Burnes relating to travel where he’s also taken your travel booking?
Mathias Cormann: I believe that I’ve booked travel through Helloworld on three occasions and on each occasion, the payment, I’ve verified, the payment was processed.
Then Penny Wong got involved.
PW: I think that Senator Kitching’s question went to ... I mean, it is an unusual thing to call someone at his level to book flights. That says something about the relationship, Senator Cormann. But I think the question went to – how many times did you actually transact with, is it the CEO, of this large company, for the flights?
MC: On three occasions.
PW: So all of your personal travel, you ring him?
MC: Well, in more recent times, that’s right.
And then Jenny McAllister picks up the questioning.
JA: But not just through Helloworld, sorry. You don’t just ring one of their employees, you ring the boss. Is that how it works?
MC: Well, he was my contact that I knew at Helloworld and I made travel arrangements through him. Through his office.
JA: That’s an odd arrangement.
MC: Well ...
Labor: So how did it work? Did you say: I’ve got the following dates available for travel? Or my family does? And he went through and found the flights for you? This is all on the phone? How did the conversation work?
MC: The way that it would work is that I would ask for travel bookings to be made and for me to be invoiced and charged. You know, obviously I don’t know what the arrangements are within his office.
JA: Minister, it is a very unusual arrangement. Most Australians don’t have a direct line to the CEO of a travel company to arrange their travel bookings. How did the arrangement come out between yourself and Mr Burnes? Did he offer to facilitate your travel? Or did you approach him about becoming your travel agent?
MC: Well, Helloworld is a travel business.
JA: They are. But they don’t advertise the CEO’s phone number, broadly, for general public use. So I’m wondering about the circumstances that see you phoning the CEO of an organisation?
MC: The circumstances that I organised to travel and I booked travel and I paid for it?
Labor: How do you know Mr Burnes?
MC: Well, I’ve known him over the years. It’s a matter of public record that he has been involved in the Liberal party for some time.
Labor: So how far back does your association with him go?
MC: I’d have to take that on notice. I think ... From ... six or seven years, perhaps.
Labor: But it’s only in recent times that you’ve commenced booking with him directly?
MC: Well, the trips would have been in the last three or so years, yes.
Labor: Right, so some time in the last three years, you moved away from whoever had previously been navigating your travel for you and you started phoning Mr Burnes directly?
MC: I made travel bookings through Helloworld, that’s right.
Labor: And again I ask you, who initiated the arrangement? Where the CEO would be available to you, personally, to take your call, in relation to your family holiday bookings?
MC: To be fair, in more recent times, I had more interaction with him in the context, obviously, of his involvement with the Liberal party and that is where the occasion arose where I was able to make those bookings.
Labor: And did he offer to you, or did you ask him, to establish such an arrangement?
MC: Well, I take responsibilities for having made the bookings if that is the question.
JA: I’m asking you more broadly about the arrangement. When you call him, do you call him on his mobile?
MC: Um ... I think it varies. It varies.
Labor: So you’ve got all of his contact details?
MC: Well, I run into him from time to time.
Labor: Where did you meet?
MC: Sorry?
Labor: Where did you meet? Did you meet at a Liberal party function? Where did you meet?
MC: I’ve known him over the years. I mean, he’s been involved ... I can’t remember the first meeting. I honestly can’t.
Labor: So, there is a point, though, where somehow, between the two of you, it becomes ... Ordinary people ring Helloworld through a 1800 number, I suppose. I don’t know, I haven’t attempted to do it. But you ring the CEO on his personal mobile. I’m trying to understand how you came to be in such a relationship with Mr Burnes, where it was possible for you to ring him on his personal mobile and he would write down your credit card details?
MC: Well, as I’ve said, I’ve known him for a number of years, going all the way back to the opposition years and obviously, it’s a matter of public record that he’s been involved at senior levels in the Liberal party for some time, which, incidentally, didn’t prevent his company from securing a contract through a merit-based proper tender process under the period of the previous Labor government.
Updated
And then the answers take a turn, with Mathias Cormann admitting he has booked his trips through the Helloworld CEO and Liberal party treasurer, Andrew Burnes. Directly.
Kimberley Kitching: With whom did you speak?
Mathias Cormann: With Mr Burnes.
KK: You spoke with Mr Burnes? He’s the managing director? Isn’t that correct?
MC: Yes.
KK: Of an ASX-listed travel company and made a booking?
MC: I made arrangements there.
KK: [He’s the CEO of a company] and he took your travel booking?
MC: I can only tell you what happened. I made the booking through Helloworld, engaging with Mr Burnes, that’s right. And I provided my credit card details and I asked for payment to be made and I was assured that this would happen.
Updated
Kimberley Kitching is leading the questioning of Mathias Cormann at the moment:
KK: So, could I go to the details of the Fairfax story this morning? The overseas trip. Did you book the travel in July 2017?
MC: Yes.
KK: Did you personally book it?
MC: Yes.
KK:Your office didn’t book it?
MC: No.
KK: So you, yourself, booked it?
MC: I personally booked it. I personally supplied my credit card details. I personally gave the instruction for the flight booking to be charged to my credit card. I thought that that had happened, but you know, I know that the question is going to be asked – didn’t you keep an eye on your credit card?
I should have, is the truthful answer, but what I would offer by way of explanation, if not by way of an excuses that with the extensive travel that I do undertake on a weekly basis, there’s a lot of travel-related expenditure that goes through my credit card and having made the booking, having given and having provided the credit card details and given the instruction for the payment to be deducted, I assumed that that had happened.
The travel did not take place until sometime later and certainly, by the time that the ... that I undertook the travel, I was 100% confident that payment had been made. In fact, when the issue was first brought to my attention yesterday, I was 100% confident that payment had been made until I was confronted with some information which was sent to me from within an internal system of the Helloworld business which led me to, of course, in my understanding ... I hasten to adhere, and I’ve addressed this in my statement. At no point did I receive any reminders of an outstanding payment required. So as far as I was concerned, I had provided my credit card details when the booking was made and I assumed that the payment had been processed and you know, my experience in general terms, if I have forgotten to pay something, I do get reminder notices. It does happen, it can happen from time to time when you’re on the road a lot.
But I did not receive any reminder notices over an extended period until such time that it was raised with me yesterday, and on verification, I ascertained the facts that I outlined in my statement and as soon as I became aware that the payment remained outstanding I made sure that the payment was processed immediately. There can’t be any suggestions at all that this was ever intended to be free travel or that it was free travel. It wasn’t. There was obviously a charge carried in the system and within the business against that travel, a charge that I assumed had been processed against my credit card, but it turns out that it hadn’t.
Updated
Bob Katter also received a “Pratt” cap as a “present from the prime minister this morning”. He tells Tom Connell that he and “Pratty” are cousins, in some way.
Updated
Annnnnd as predicted, the Labor press conference will be on Labor’s response to the banking royal commission, and the private members’ bills to deal with it. Labor is planning three bills, at this stage.
Updated
Bill Shorten is out of caucus and has called a doorstop for 11.30, with Chris Bowen and Clare O’Neil, which means banking royal commission.
Adam Bandt is not messing around – he wants it known he will vote yes in a no confidence motion and he wants it known far and wide. Again, there is no suggestion any one will be moving the motion, or that it would have the numbers to pass.
Transferring sick people to Christmas Island is directly defying the will of the Parliament.
“This government is a threat to decency and democracy.
“These conservatives are so bereft of humanity and respect for the rule of law that they have lost the right to govern.
“I will support a ‘no confidence’ motion. I’ll vote for it any time this week. This mob needs to be turfed out as quickly as possible.”
#capgate
Further to my post last weekend on the Pratt Cattle Transport cap, & the sledging from some journalists for wearing it at Julia Creek, Pratt Cattle Transport has now decided to get more caps made and sell them with 100% of the profits going to the Sisters of the North charity. pic.twitter.com/lCEEScmoOw
— Scott Morrison (@ScottMorrisonMP) February 18, 2019
Kerryn Phelps is also angry over the decision. She tweeted this last night:
This is a subversion of our entire model of representative democracy. The parliament through its proper processes clearly determined that people too sick to receive treatment in offshore detention should come to Australia, not Christmas Island, for specialised treatment #auspol https://t.co/PKYxTffUn2
— Prof Kerryn Phelps AM (@drkerrynphelps) February 18, 2019
Adam Bandt threatens 'no confidence' over Christmas Island decision
Adam Bandt says he will support a “no-confidence” motion against the government, over the Christmas Island decision. In a tweet, the Greens MP says:
The gov is now defying the will of the Parliament. The conservatives are so bereft of humanity and respect for the rule of law that they have lost the right to govern. I will support any ‘no confidence’ motion moved against this train wreck of a govt.”
As far as I know, no one is planning on moving a no-confidence motion. And even if every other crossbencher supported it (and there is no suggestion they would), Bob Katter would not go for this and you need 76.
The gov is now defying the will of the Parliament.
— Adam Bandt (@AdamBandt) February 18, 2019
The conservatives are so bereft of humanity and respect for the rule of law that they have lost the right to govern.
I will support any ‘no confidence’ motion moved against this train wreck of a govt.
Kick this mob out. https://t.co/Jb5Aq5LKB0
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It’s been quiet because all the parties are meeting. We’ll bring you what was was discussed in there as soon as we can.
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Speaking of valedictories – Kelly O’Dwyer will be delivering hers tomorrow as well.
Mark Dreyfus has written to the head of public service, Martin Parkinson, about the politicisation of the APS.
— Henry Belot (@Henry_Belot) February 18, 2019
"Politicisation of departments is corrosive to public debate. It undermines the public's faith in the public service and the work it does". pic.twitter.com/yZmqGZjErf
This also happened overnight.
The government plans to send sick refugees and people seeking asylum to Christmas Island. This is utter bastardry and a denial of the Parliament's intentions. pic.twitter.com/oFgfQvWpRQ
— Nick McKim (@NickMcKim) February 18, 2019
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Second Monday feels coming in strong for the finance minister.
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A fire alarm appears to be going off in the room where Mathias Cormann is facing his estimates grilling.
Yesterday the lights went off in the House of Representatives chamber.
Things are fine.
There has been a lot of attention on Adani, but plans to drill in the Great Australian Bight are also moving ahead. Sarah Hanson-Young says she’ll fight the decision:
We cannot let this project go ahead. Equinor wants approval within months. The Greens are standing with South Australians to fight this all the way.
We are not prepared to let South Australian tourism and fishing industries be put at risk for the sake of multinational corporate profits, no matter what spin Equinor tries to put on it. The reality is the bight is too precious to risk. Drilling for oil in the middle of a whale sanctuary is madness.
The bight waters are rough and remote. Equnior has nothing to lose and everything to gain from this project. In the case of an oil spill, it will be South Australians, not Equinor, who pay the price. At a time when we know we must transition away from fossil fuels to arrest climate change, the costs of opening up a new oilfield to the planet are too great.
Instead of opening up another oilfield, Australia should be showing the world how great the bight is. It is home to some of the most unique wildlife in the world – 85% of marine life found in the bight is found nowhere else. The Greens are pursuing world heritage protection for the bight, supporting our jobs in tourism and fisheries, and our beautiful Kangaroo Island over big oil.
Labor and the Liberals want to risk all we love about the bight to do the bidding of the oil and gas industry. The 73% of South Australians who want world heritage protection for the Great Australian Bight can have faith that the Greens are fighting with them to protect the bight and stop this project.
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Scott Morrison had a few things to say to Neil Mitchell about his future as well.
Asked if he is confident of being re-elected:
“Of course, I mean, I didn’t take the job on to, you know, do anything else but that. I took the job because I believed it was essential that the Liberal and National parties were returned this next election, because the Labor party will change it all,” he said.
If re-elected, can he guarantee he’ll remain as prime minister for the whole term?
“Yes, because our party resolved that last year. An elected Liberal prime minister will now have the security of that arrangement over the next term. That is what we decided last year.”
Would he be opposition leader if not re-elected?
“I am not contemplating that situation, I am contemplating being re-elected, ensuring that we can continue keeping Australia safe, secure our borders and keep our economy strong.”
Mitchell laughs at this and tells Morrison “well, they are both hypothetical”.
There’s a beat of silence. “Not in my mind,” Morrison says. “I am dealing with the reality. You know me, Neil. I leave nothing on the field.”
Asked what emoji he’d put on his number plate (don’t ask, it’s a Queensland thing), Morrison says:
“A big smiley face. A big smiley face. You know me, I’m that cheery.”
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Helloworld says Cormann's flights were never free
Amy has already brought you news of Mathias Cormann’s travel travails this morning, and posted his statement about the Singapore trip.
The finance minister has also tabled a statement from the travel company which characterises the non-payment as a “regrettable” administrative error. The letter from the company’s chief financial officer, Michael Burnett, says the company had been instructed by Cormann to hold credit card details so the payment could be processed in July 2017.
“Because we held your credit cards at the time of booking, payment reminders were not sent to you, even though the amount remained listed as outstanding on our internal system,” Burnett says.
“We have no processed payment of the full outstanding amount of $2,780.82 from the credit card previously supplied to us. The flights were never free and they were never intended to be free.
“We apologise for any inconvenience or embarrassment this administrative error may have caused.”
Helloworld is the recipient of a government travel contract. Cormann said in a statement his morning he had “absolutely no involvement in either the selection of the preferred tenderer or the awarding of the contract”.
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On Border Force’s role in Hakeem al-Araibi’s detention in Thailand, Scott Morrison has told Melbourne radio 3AW he believes it is a little unfair to suggest that the stuff-up was solely to blame for what happened:
There are many other ways that Hakeem may have been kept in Thailand, other than just that incident. But I am not suggesting that that incident is not something that needs to be addressed, but it would be wrong to assume that other than for that, that wouldn’t have occurred.
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The valedictories keep coming. Really brings home how few sitting days there are left until the election is called.
Tomorrow I will be giving my Valedictory in the Parliament at 4:10PM (3:10PM in QLD).
— Wayne Swan (@SwannyQLD) February 18, 2019
This is an end of an era. Here are some highlights before tomorrow’s speech.
Tune in tomorrow here https://t.co/eFhO47IowI to see my speech. pic.twitter.com/tJGpY8X5PF
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Neil Mitchell had the pleasure of the prime minister’s company on the airwaves this morning.
He asked Scott Morrison about the cyber attack on the parliament and the major political parties.
What’s a state actor?
“It means it is a government, but we are not in any position to be able to attribute that to any particular nation.”
We don’t know who did it?
“We are not in a position to ... what I am saying is you don’t go and make those claims wildly ... we don’t have any information, I don’t have any information which would enable me to make that claim.”
So you don’t know who did it.
“Well, I have said what I’ve said. That’s very specific wording I have used.”
Does he have suspicions?
“It is not up to me to have suspicions and share them. It is up to me to speak to the facts as we know them and what we can be very confident of.”
Can he give a list of suspects?
“No.”
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Last night the Border Force commissioner, Michael Outram, admitted it was human error “in the ABF process” that contributed to Hakeem al-Araibi being detained for almost three months in Thailand.
But he wouldn’t apologise.
Nick McKim: Mr Outram, I want to finish here. I’m not going to dispute that Bahrain may have reached out directly to Thailand in a hypothetical alternative reality, but you’d have to concede, wouldn’t you, that the mistake made in ABF actually did directly result in the Australian federal police contacting Thai authorities and informing them that a red notice existed in relation to Mr Al-Araibi, and that that would not have occurred if that mistake had not been made?
Outram: I accept that.
McKim: You accept that. You sure you don’t want to offer an apology Mr Al-Araibi.
Outram: I apologise for the error that occurred within the ABF, but I can’t say, nor can I accept, that that error necessarily led to his detention in Thailand, that it wouldn’t have occurred anyway. That’s the point I’m making.
This morning, Peter Dutton agreed it was a “mistake”:
The officers dropped the ball on this, but that’s a human error that’s been made and let’s put all of the hype aside. That’s what’s happened here. There’s no conspiracy that somebody being denied information. It is a mistake that was made by an officer within Border Force and I think the commissioners Outram and [AFP commissioner Andrew] Colvin have dealt with it appropriately.
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I have just been reminded of this story Ben Doherty wrote last May in regards to the US-Australia refugee deal:
Donald Trump’s Muslim travel ban is influencing Australia’s offshore processing system – with all Iranian and Somali refugees rejected for resettlement in the US.
The third version of Donald Trump’s travel ban bars or limits entry to citizens of five Muslim-majority countries – Iran, Libya, Somalia, Syria and Yemen – as well as North Korea ...
About 150 refugees held in offshore processing on the island of Nauru have appointments with US officials this week, where they will discover final assessments of whether they have been accepted by America. So far, every Iranian and Somali applicant has been rejected.
Which gives some insight into the 265 people rejected under the US’s “extreme vetting”.
And just another reminder that you can not have a serious criminal history and also be found to be a refugee. And it is not just the UNHCR who have assessed asylum seekers, it is our own agencies.
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You may have seen yesterday that the Australian Electoral Commission found that GetUp was not an associated entity.
The AEC finds insufficient material and evidence that GetUp was an associated entity. No reporting obligations #auspol pic.twitter.com/B5wi0aYiJL
— Amy Remeikis (@AmyRemeikis) February 18, 2019
Alex Hawke responded late yesterday:
The Morrison government has already succeeded in this parliament in passing laws to cover the activities of all political actors by banning undue foreign interference in Australian elections. This includes a tough new disclosure regime, which applies to political campaigners like GetUp, and began on 1 January.
If political campaigners like GetUp want to act like a political party, they will be treated like one under the new regime.
I can confirm that the Morrison government’s new laws mean that GetUp now has the same disclosure obligations as political parties and associated entities.
That means, just like a political party, GetUp must now disclose the source, amount and nature of funds received. By bringing all political actors in line with the same requirements political parties face, the Morrison government believes transparency in our political system will be increased.
I also note GetUp’s claims of independence. There is a substantial body of material showing GetUp acting in the direct interest of Labor and the Greens. Eighty-seven per cent of GetUp’s past and present directors have a connection to Labor, the Greens, the trade union movement or leftwing organisations. GetUp’s political activity is fundamentally aimed at campaigning against Coalition MPs and candidates exclusively. No one should be fooled by false claims of independence.
The community rightfully expects transparency in the funding arrangements of any organisation that seeks to influence Australian elections. The Morrison government’s new laws empower the AEC to hold political organisations to account more strongly than ever before.
The government has accepted the recommendations of the Joint Standing Committee on Electoral Matters (JSCEM) and GetUp’s new obligations under the Morrison government’s legislation tackle the significant issues raised at the time of GetUp’s referral to the AEC.
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Mathias Cormann has issued a statement following the Sydney Morning Herald and the Age story:
In relation to the matters raised in the media today about my private travel in January 2018, I refer to the attached letter from Helloworld, which explains their administrative error.
I can also confirm that the travel booked through Helloworld back in July 2017 was on commercial terms and should have been charged to my credit card straight away as instructed by me at the time.
That is what I genuinely thought had happened.
At no point, until approached by the media yesterday, did I receive any reminders that the payment due remained outstanding, even though I now understand it appeared as outstanding and unresolved on the internal Helloworld system since that time.
The payment was processed immediately once it became apparent to me that it remained outstanding.
In relation to the Whole of Government Accommodation Program Management Services tender I can confirm that I had absolutely no involvement in either the selection of the preferred tenderer or the awarding of the contract.
When notified of the outcome of the tender, I was advised that the new contract was valued at $21 million for the initial term to 30 June 2020 (and not $1 billion as reported today).
AOT was first selected as the successful supplier of whole of government Accommodation Program Management Services in May 2012 – during the period of the previous Labor Government.
No doubt the tender process awarding this contract to AOT back in 2012 was conducted appropriately at arms-length from the government of the day, in the same way as it was on this occasion.
Over the five years of that initial agreement from 2012 to 2017, my advice is that this arrangement saved the Commonwealth an estimated $63m.
The subsequent tender process, also conducted at arms-length from government by the Department of Finance, further improved on those previous arrangements, delivering even better value for the commonwealth, by securing a reduction in APM booking fees of 42%, saving approximately $4.5m annually compared to the fees paid in 2015-16.
This tender process was conducted consistent with all of the appropriate probity protocols, including oversight by external probity and legal advisers, who I’m advised certified that the process complied with the requirements in the PGPA Act, the commonwealth procurement rules, commonwealth policies and was consistent with the probity plan, Request for Tender and Evaluation Plan.
At no point did I influence or seek to influence the outcome of that tender process.
I had absolutely no role in the awarding of this tender or during the subsequent contract negotiations with the preferred tenderer.
I was provided with some feedback by the preferred tenderer about aspects of the process.
Consistent with my standard practice, I refer anyone who raises issues with me in relation to these types of processes directly to the department for their consideration of any issues if and as appropriate at arms-length from me. That’s what happened on this occasion.
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We got some actual facts and figures from the home affairs estimates hearing last night.
There are 431 people on Nauru.
Of that, 330 have been found to be refugees.
Just 26 have had their refugee claim rejected.
The remaining 75 are waiting to have their claims determined.
There are 584 men on Manus Island.
456 have been found to be refugees
121 have been found to be non-refugees
Seven have been given protection because of the serious risk to safety they face in their home countries.
In the last five years, 1,246 people have been flown to Australia for medical treatment. 282 of those people have returned to either Manus or Nauru. Many of those who remain in treatment have launched legal action against their return.
Peter Dutton told Sky News the United States has rejected 265 refugees as part of its “extreme vetting process”.
Which is in keeping with what Malcolm Turnbull told Donald Trump in January 2017.
Turnbull: The obligation is for the United States to look and examine and take up to and only if they so choose – 1,250 to 2,000. Every individual is subject to your vetting. You can decide to take them or to not take them after vetting. You can decide to take 1,000 or 100. It is entirely up to you. The obligation is to only go through the process. So that is the first thing. Secondly, the people – none of these people are from the conflict zone. They are basically economic refugees from Iran, Pakistan and Afghanistan. That is the vast bulk of them. They have been under our supervision for over three years now and we know exactly everything about them.
Trump: Why haven’t you let them out? Why have you not let them into your society?
Turnbull: OK, I will explain why. It is not because they are bad people. It is because in order to stop people smugglers, we had to deprive them of the product. So we said if you try to come to Australia by boat, even if we think you are the best person in the world, even if you are a Nobel prize-winning genius, we will not let you in.
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Good morning
That was an eventful evening.
Australian Border Force admitted human error and an outdated IT system likely led to Hakeem al-Araibi spending just under three months in a Thai prison. That came after the Australian federal police pointed the finger at the Border Force agency, after sitting silent while Al-Araibi’s allies worked to free him.
Then there were all the Paladin questions, with many more answers still to come there.
All of the estimates fun is back again today – you can find the schedule here.
This morning though, it is all about the flights Mathias Cormann forgot to pay for. As you do.
The Sydney Morning Herald and the Age’s Nick McKenzie and Richard Baker reported the finance minister had “no idea” $2780.82 in flights were paid for by a travel company, until contacted by the reporters yesterday afternoon.
From the McKenzie and Baker report:
Finance minister Mathias Cormann’s flights for a family holiday to Singapore were paid for by a travel company controlled by Liberal party treasurer Andrew Burnes within weeks of that company winning a $1bn contract from Cormann’s department.
... Records kept by Helloworld and obtained by the Age and Sydney Morning Herald reveal that the Melbourne-based travel company paid $2780.82 for the Singapore flights, which were booked in July 2017.
Senator Cormann said on Monday he had “no idea” that the travel had been booked on the family and staff travel account, nor that his credit card had not been charged. He was “completely unaware of internal administrative arrangements at Helloworld in terms of how they managed private and personal travel”.
Expect Cormann to be asked more about that today.
And of course, the border wars continue. Now the government is using the asylum seekers the US had rejected as part of its “extreme vetting” in its arguments.
.@PeterDutton_MP: Under Labor’s policy those rejected by the US due to ‘extreme vetting’ could come to Australia.
— Sky News Australia (@SkyNewsAust) February 18, 2019
MORE: https://t.co/mvoMQjrL9h #FirstEdition pic.twitter.com/5t8PQ0uzU5
Sigh.
Mike Bowers and the Guardian’s brains trust are poised to tackle the day, including Katharine Murphy and Paul Karp in Canberra. I am still hunting for a coffee. It’s been that kind of morning.
Still, we persist.
Ready, let’s get into it.
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