Night-time politics
- Malcolm Turnbull’s government backed down on the ratification of the China/Australia extradition treaty after the resolution was set to fail in the Senate. The treaty was signed off on in 2007 but has not been ratified. Labor, the Greens and a number of Senate crossbenchers and members of the Turnbull government were opposed to the treaty on human rights grounds. Labor followed through on a position it had previously flagged in a dissenting report following an inquiry by the joint standing committee on treaties.
- The Australian Energy Market Operator (Aemo) delivered its final report on the South Australian blackouts that started the Coalition’s beat down on renewables a long time ago. Aemo found the blackout was caused by extreme weather.
- The Senate has started a debate on Coalition amendments to 18C, but a vote will not be held until later in the week.
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The Australian Tax Office sought advice about what it should do if George Brandis compromised its ability to challenge Western Australia’s laws dealing with the Bell litigation case because of “bureaucratic whispers” he might block a high court challenge.
- The government has introduced a “dominant purpose test” for politicians expenses. In theory, this would stop members claiming travel on taxpayers for largely private or party business, dressed up with a little bit of official business. Definition, though, will be difficult when it comes to enforcing.
- Question time was dominated by penalty rates.
That’s it for today. Tomorrow we have ACTU secretary Sally McManus speaking at the National Press Club. Thanks to the brains trust; Paul Karp, Gareth Hutchens, Katharine Murphy and Mike Bowers.
I will leave you with the theme of the day. Good night
Updated
Dominant purpose test introduced for politicians expenses
The government is introducing more changes to parliamentarians’ expenses.
The special minister of state, Scott Ryan, says the changes will:
- Introduce a clear definition of parliamentary business to provide more certainty;
- Establish new obligations around parliamentarians’ expenditure, including value-for-money provisions;
- Define a “dominant purpose test”, where parliamentarians will only be able to claim expenses when the dominant purpose of their journey was to undertake parliamentary business.
The changes will work in conjunction with the establishment of the Independent Parliamentary Expenses Authority (Ipea).
The dominant purpose test is designed to solve the issue of politicians designing travel, then tacking on a tiny bit of official business on the end and claiming the lot on the taxpayer.
Ryan, who is generally a straight shooter, is ducking and weaving on Sky in relation to these changes. David Speers is trying to get an answer to a reasonable question. Can a member travel for a party fundraiser and have it paid for?
Ryan does not want to be prescriptive. After many versions of the question, Ryan finally says he doesn’t want to give an answer that will be used against him at later date.
It will be a matter for the authority. Once the ruling is there, everyone has to abide for it.
Updated
Tanya Plibersek to Malcolm Turnbull: I refer to the prime minister’s scrapping the deficit levy in this year’s budget, and his support for the decision to cut penalty rates. Why is that under this prime minister, millionaires get a tax cut of more than $16,000, big business gets a tax cut of about $50bn, and workers get a pay cut?
Turnbull reminds the parliament that Labor opposed the “deceit tax”.
Honourable members opposite will know very well the deficit levy was imposed for a term of three years. It expires at the end of this financial year of its own force. This was a surcharge that they condemned as an act of deceit, and denounced from one end of this place to the other … the reality is this, that … Australia is a highly taxed country.
Updated
The treasurer, Scott Morrison, gets a Dixer on company tax rates.
Then Brendan O’Connor to Turnbull: Can the prime minister guarantee that no other Sunday penalty rates in awards will be cut by the Fair Work Commission?
The leader of the house, Christopher Pyne, says Labor is reaching for theatre of the absurd. The PM has no responsibility for the Fair Work Commission.
Labor argues the toss and Speaker allows Labor to rephrase.
Will the prime minister support any future decision of the commission that will cut penalty rates?
Turnbull says the original justifications of the Productivity Commission have not altered materially. The PC made recommendations about penalty rates in the hospitality and retail sectors and concluded there was no case for common penalty rates across all industries.
He quoted the PC report which said “regulated penalty rates as currently constructed for essential services and many other industries are justifiable”.
Updated
I wish Anthony Albanese was dressed like this in question time.
DJ Albo's new gig: music ambassadorhttps://t.co/prPuVRCTAG pic.twitter.com/PvBoEo3Bky
— triplejHack (@triplejHack) March 28, 2017
Barnaby Joyce gets a Dixer on the beef deal with China.
Shorten to Turnbull: Does the prime minister rule out pay cuts for AFP officers, including his own protection detail, for working late nights and weekends?
Turnbull finally goes to the dispute at hand.
Negotiations are continuing between the AFP commissioner and members of the federal police.
It is being handled at “arms length” by the commissioner in the normal way.
Updated
Independent Cathy McGowan asks fellow cross bencher Andrew Wilkie a question #QT @gabriellechan @GuardianAus pic.twitter.com/iMd48BpSlp
— Mikearoo (@mpbowers) March 28, 2017
Labor to Turnbull: Is the prime minister seriously refusing to rule out pay cuts for AFP officers including his own protection detail, for working late nights and weekends?
Turnbull does not answer the specific question on AFP allowances, which as I understand it, is separate to the penalty rates decision.
But he addresses penalty rates:
Given the distinguishing characteristics of the hospitality and retail sectors, they provide no warrant for the variation of penalty rates in other awards. They want to suggest that decision applies to nurses, to emergency workers, to police, completely untrue, no basis in fact. But why would they care?
Malcolm Turnbull gets a question on the Snowy Hydro mark two, allowing him to speak about his meeting with Snowy Hydro workers.
The Feasibility Study from Old Regret #qt pic.twitter.com/x150r1tunB
— Tim Watts MP (@TimWattsMP) March 28, 2017
Updated
Labor’s Clare O’Neill asks Turnbull: Today the opposition leader and I are meeting with members of the Australian Federal Police Association. Is the prime minister aware AFP officers, including his own protection detail, are concerned they will lose $35,000 every year because of planned cuts to allowances for working late nights and weekends? Why does the prime minister want to add police officers to the list of Australians who will have their pay cut at the same time as millionaires will get a tax cut?
Turnbull says the Coalition have provided unprecedented support for the AFP. He flicks the question to the justice minister, Michael Keenan, who bluffs and blusters but does not answer the question.
Updated
Turnbull accuses Shorten of "post-truth politics with a vengeance"
Shorten to Turnbull: I met with private sector aged-care nurses including Deli (sp). She’s in the gallery today. Her husband Ken works in retail and faces a pay cut. Deli’s worried once they start cutting some penalty rates in some awards, her pay could be cut as well. Why isn’t the prime minister doing anything to support the rates for all Australians?
Turnbull says Shorten knows that nurses are employed under state awards and are not covered by the decision by the Fair Work Commission.
Shorten intervenes and says he was talking about nurses in the private sector. Turnbull says rubbish.
The decision of the Fair Work Commission applies to workers in the retail, hospitality, fast food areas. It does not apply to nurses. The honourable member knows very well it doesn’t apply to nurses …
What he and his colleagues have been endeavouring to do, is as usual, misleading and frighten Australians with their untruths.
This is post-truth politics with a vengeance. Heedless of the truth, having no regard for the facts, determined to frighten and scare Australians.
Updated
The Indi MP, Cathy McGowan, asks fellow independent Andrew Wilkie under standing order 99:
I refer to the private member’s bill … relating to the mandatory banking code of conduct. It’s a great example why we we have independent representation in parliament, and demonstrates how we as independents are representing our communities in this place. Can the minister tell the house when he thinks the debate on the bill will be resumed and what process is needed for the house to fully consider this bill so that this important matter can be fully debated and our communities informed?
This is allowed under the standing orders and a clever thing for the independent members.
Wilkie speaks for a short time, urging the parliament to get on board with his banking code of conduct.
The leader of the house, Christopher Pyne, waits and then objects, starting his statement with:
As much as I hate to be the Grinch that stole Christmas …
The Speaker, Tony Smith, reminds him the rules state that Wilkie has to confine himself to the timing and procedure of the private member’s bill.
Wilkie thanks the Speaker for guidance.
This is not headmasterly and it’s not guidance because it is not optional, says Smith.
Get the car back on the road …
Wilkie wants the parliamentary selection committee to choose his bill. Which is the definition of hope.
Updated
Labor to Turnbull: The prime minister supports cutting the penalty rates of nearly 700,000 Australians by up to $77 every week. And under this, prime minister, a nurse in New South Wales could lose eight weeks of paid parental leave, a cut of around $5,300. When will the prime minister stop fighting other Liberals and start fighting for Australians?
Turnbull flicks the question to the social services minister, Christian Porter.
Porter says there was once a time when Labor supported helping those who had the least.
What you do not support is near to 60% of all families who receive paid parental leave having a very substantial average gain of $1,300 during the period of paid parental leave. That’s what you’re opposing and that group of 58%, that is 96,310 recipients, that group are the lowest income earners inside the paid parental leave.
Updated
Swanny is trolling the PM.
Labor in the middle of a global recession grew the economy by 16%, that was good for business and workers #auspol #qt
— Wayne Swan (@SwannyQLD) March 28, 2017
A government question to the defence industry minister, Christopher Pyne, is on defence force preparations to support emergency crews. Pyne:
Our thoughts and our prayers are with the people of north Queensland, going through another destructive cyclone, mother nature wreaking her revenge on us poor humans here on earth.
Updated
Shorten to Turnbull: With know the prime minister is prepared to give into his Liberal opponents on every other issue, so why won’t the prime minister now give in to Labor and support our private member’s bill to protect penalty rates? When will the government stop fighting itself and start fighting for the conditions of the Australian workers?
Turnbull says the government is creating more growth and jobs. As opposed to jobs and growth.
Less investment, less business, fewer jobs. It’s the path to poverty. That is what Labor leads. They used to be committed to prosperity but no only longer. They have abandoned Australian workers, they have abandoned the commitment to growth, they have abandoned the future.
Updated
Malcolm Turnbull addresses Cyclone Debbie after a question from one of the local members, George Christensen. He says it has made landfall and is a category-four storm. He again gives emergency advice. Take care and heed advice. Look out for each other.
Shorten adds his sympathies and thanks emergency workers.
Updated
China and community legal centres – just another day in the Coalition party room
Just a quick update on today’s joint Coalition party room – readers already know the prime minister grounded the contentious China extradition treaty before the issue would have been hotly debated during the regular meeting of government MPs.
But one backbencher, Eric Abetz, did press on and raise his opposition to the deal during today’s discussion. He’d made it known to some colleagues he was prepared to cross the floor to disallow the treaty if it had come to a vote.
There was also an interesting discussion about the funding of community legal centres. Two Liberal MPs and two Nationals raised concerns that there weren’t sufficient funds for the centres to to their job. This has been an issue of contention in Canberra this week.
One of the Liberal MPs, the former police officer Jason Wood, told the prime minister during his contribution that if the government was serious about combating domestic violence, it needed to give the centres more money. Wood pointed out domestic violence impacted one in four people in some areas of his electorate. Colleagues tell me his advice to the prime minister was pretty blunt.
Updated
Shorten to Turnbull: We know that prime minister changes his policies when he feels pressure from the Liberal party room. So why doesn’t he feel any pressure to act when nearly 700,000 workers are facing penalty rate cuts on Sundays?
Turnbull says it was the Fair Work Commission’s decision.
It was an inquiry started by Shorten as workplace minister.
Updated
Five minutes to question time. Which is like five minutes to midnight.
Penny Wong channels The Lord of the Rings in her speech.
18C: you shall not pass.
Updated
Nick Xenophon and his senators are opposing the amendments to 18C but voted to bring on the debate with the government.
If he maintains his opposition to the 18C bill, it will fail.
Updated
While the Senate debate continues, the prime minister has met Snowy Hydro workers for a spot of lunch.
Updated
The Greens senator Nick McKim makes the point that if the 18C amendments were really about freedom of speech, the government would address laws that allow whistleblowers to be jailed for two years for speaking detention centres and defamation laws which have a chilling effect.
He also attacks the Senate committee for not allowing Indigenous people to speak to the snap inquiry on the bill, which had a half-day hearing on Friday.
Racism started the day Europeans arrived in this country and it is still going today. For the Senate not to hear from Indigenous people was an absolute bloody disgrace.
Updated
Penny Wong:
I hope this parliament will vote this amendment down and can I say it is a poor reflection on this prime minister.
She says refusing to allow the Aboriginal Legal Service speak to the committee hearing on Friday was a profound statement about whose freedom of speech needed to be protected under this bill.
I hope the parliament thinks about what this says to the young Muslim woman on the bus or the young Asian boy in the street or some other member of Australia’s multicultural community who is abused because of who they are. Because not only is the amendment before this place wrong, in many ways what is most wrong and has been most damaging has been the signal that has been sent by a prime minister who believes he is a Liberal moderate.
The signal he is sending in cahoots with this attorney general that this sort of racial abuse is more permissible.
So I ask my colleagues in this place, think of the people who this legislation is designed to protect and think of the principle that this legislation seeks to send out to the community because what it says to the community, we do not believe in this modern multicultural Australia that it is OK for you to be abused because of your race. And that is a principal we should all stand for.
Penny Wong says the 18C changes are more a work program for a government which has no agenda.
She turns her attack on the attorney general, George Brandis, whom she describes as a “serial misleader”.
His is a lonely and thankless job leading a dysfunctional government in the Senate.
Wong says with the 18C amendments, Brandis has a purpose. She is riffing on Lord of the Rings and says 18C is “precious” to Brandis.
Updated
Penny Wong says the removal of “insult”, “offend” and “humiliate” from the Racial Discrimination Act says everything about this government. She says inserting “harrass” is not strengthening the act.
Harassment is about generating fear, not protecting freedom.
Updated
That means the 18C debate goes forth from now.
Labor’s Senate leader, Penny Wong, speaks first.
Updated
In the chamber, Paul Karp tells me One Nation and Nick Xenophon Team are with the government which means Labor’s motion will fail.
Updated
The Senate is now dividing on Labor’s 18C suspension of standing orders.
Updated
Labor’s foreign affairs spokeswoman, Penny Wong, has said the shadow cabinet and caucus had decided not to proceed with ratification of the China extradition treaty “at this time”.
We appreciate that the Chinese government is very clear about wanting the treaty ratified at this stage, however we believe the dissenting report of the Labor members on the joint standing committee on treaties ... expresses a very sensible position.
Labor wants the Extradition Act to be reviewed, not just in relation to the Chinese treaty, but other treaties. The shadow attorney general, Mark Dreyfus, added there were concerns that in the treaty there wasn’t a clause creating a discretion not to extradite if the circumstances were “unjust or oppressive”.
Despite Julie Bishop saying the Chinese did link an extradition treaty with prisoner transfers, Dreyfus said they shouldn’t be linked because they are separate.
The transfer of prisoner arrangement has been working well – we expect that to continue.
Asked about Bishop’s praise of the Labor leadership and surprise that it had opposed the treaty, Wong denied that Labor had changed position since the Jscot process.
She noted that every single member of the Senate crossbench, former prime minister Tony Abbott, and “a great many members of the Liberal party” had expressed concern at the treaty.
Updated
Labor caucus met this morning. It discussed 18C, two separate banking inquiry bills and the government’s extradition treaty with China.
On 18C, the Indigenous MP Patrick Dodson said the government’s handling of the process had been a “shambles”.
“If it was an Aboriginal organisation it would be sacked,” he said of the government.
He said some Indigenous groups weren’t even allowed to present to the 18C Senate inquiry.
On the banking and financial services commission of inquiry bills, there are two bills: a crossbench bill moved by the Greens and introduced to the Senate, and a bill introduced in the lower house by the independent MP Bob Katter.
Labor says it will support both bills, even though the bills fall short of establishing a full royal commission into the banking industry.
Regarding the extradition treaty with China, Bill Shorten said the recommendation from shadow cabinet was to not ratify the treaty “at this time”.
He said the joint standing committee on treaties provided a clear signal and pathway for the prime minister, Malcolm Turnbull, which “he should have taken”.
Updated
The Greens leader, Richard Di Natale, supports the Labor motion to suspend standing orders.
He said he thought the changes to 18C had been dumped, after all if Tony Abbott dumped them (in 2014), no one could bring them back.
But Di Natale says it’s like a bad zombie move, they keep coming back and back and back.
He notes the previous human rights committee report, which had a majority of Coalition members, could not even fully support amending the Racial Discrimination Act.
It’s not often I agree with Barnaby Joyce but he belled the cat. It is not a conversation around kitchen tables.
Updated
The attorney general, George Brandis, says yet again, Labor is delaying the bill. He gives a short history of the 18C amendments, from the Coalition promise to change the act at the 2013 elections.
He says 18C has been:
- used for the persecution of innocent Australians.
- used for the persecution of the late, great Bill Leak.
- used for the persecution over a wisecrack by university students.
He says in the previous human rights committee inquiry, there were nine full days of public hearings including in every single capital city in Australia.
The Senate can deal with the matter as it always intended to do … and should not be used by Senator Wong to play politics on this issue.
Updated
Labor moves to suspend standing orders to delay 18C debate until Thursday
Labor’s leader in the Senate, Penny Wong, is now suspending standing orders in the chamber over the Racial Discrimination Act. She says the whole thing has been rushed through the house, given that the:
- Bill was introduced last Wednesday.
- Bill referred to a half-day inquiry.
- Bill report was just tabled.
- No Indigenous representatives were allowed to speak to the half-day hearing.
She wants the debate deferred until Thursday to allow time to digest the bill.
It really does say everything about this government, about its real views on freedom of speech.
Wong says the government just wants to get the vote over with.
They want to just rush it through … the optics of this bill is entirely internal.
Wong says the government has flagged amendments to its own bill which have not been brought to the Senate. And yet, senators have to debate and vote on it.
Updated
Lunchtime speed politics
- Turnbull dumps resolution to ratify China extradition treaty after mutiny in the Coalition party room and opposition from Labor, Greens and assorted senators. Faceplant ensues.
- Australian Energy Market Operator delivers final report into South Australian blackouts. Reasons are complex but wind settings an issue out of wider problems and part of the solution as well.
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18C debate coming up now on changes to the Racial Discrimination Act.
Updated
Debate and report into 18C amendments is coming up in the Senate. This is the speakers list.
- WONG
- DI NATALE
- ABETZ
- BILYK
- ROBERT
- REYNOLDS
- WATT
- LAMBIE
- PATERSON
- BROWN
- McKIM
- PRATT
- SIEWERT
- MOORE
- BERNARDI
- LINES
- SINGH
- POLLEY
- CHISHOLM
- BRANDIS
Updated
Julie Bishop to Lib MPs: I don't recall any concerns during treaty process
The foreign minister, Julie Bishop, has said she would continue to work with Labor to get the China extradition treaty ratified because it is “undoubtedly in Australia’s national interests”.
Asked whether there was a link between the extradition treaty and prisoner transfer agreement, Bishop said “yes, they were signed at the same time, in 2007” and confirmed that the Chinese consider them linked. It was raised on the visit by China’s premier, Li Keqiang, she said.
Asked about Crown employees in custody in China, Bishop did not explain if they were directly affected but said Australia would continue to make representations on their behalf.
Bishop said she thought Labor’s concerns from the dissenting report had been addressed but, since caucus had opposed the treaty, it was now “far preferable” to withdraw the instrument and seek to address them than see the disallowance succeed.
She praised the Labor leader, Bill Shorten, the foreign affairs spokeswoman, Penny Wong and the shadow attorney general, Mark Dreyfus, for being “very constructive” in discussions and said they had gone through the “proper process” in their party. She said she had not spoken to them yet about how to better address Labor’s concerns.
Asked about divisions in her own party, Bishop said “a number but not the majority by any means” present at a party briefing had concerns, but the treaty went through a committee process and “I don’t recall any of those who are now raising concerns raising concerns during the treaty-making process”.
“We, of course, were relying on the Labor party to support it, we don’t have a majority in the Senate so we can’t deliver it on our own.”
Bishop confirmed that, despite Tony Abbott speaking out against the treaty on Tuesday, ratification had been Liberal policy since John Howard was prime minister and throughout Abbott’s term.
Bishop stressed the safeguards in the China extradition treaty, including that the minister has the discretion to refuse extradition for grounds including applicability of the death penalty, or humanitarian grounds including whether the person would receive a fair trial. The federal court also would have oversight of ministerial decisions allowing extradition.
Updated
Eric Abetz: I may have crossed the floor if Turnbull did not act on treaty
Abbott BFF Eric Abetz does not support the China extradition treaty and hopes this is the end of the issue.
While China is a close neighbour and friend of Australia, I believe it would be unwise to support an extradition treaty with China and I am pleased that the prime minister has taken on board the serious concerns raised by a number of Coalition members.
Given China’s poor track record on human rights and natural justice, I was grappling with how I could support such a regulation.
Given the long-held convention of Liberal members and senators having the freedom to cross the floor, should this matter have come to a vote I, along with a number of colleagues, may have been forced to cross the floor.
Updated
AAP reports that the NSW farmer who shot dead an environmental officer over a land clearing dispute has died in jail from a terminal illness.
The convicted murderer Ian Turnbull, 82, died at the Prince of Wales hospital on Monday after being moved there from Long Bay jail on 20 March, a NSW Corrective Services spokeswoman said on Tuesday.
The farmer was jailed last year for at least 24 years for murdering Glen Turner, 51, and detaining his colleague, Robert Strange, for advantage on 29 July 2014 as the two officers carried out compliance work near the farmer’s property at Croppa Creek in the state’s north.
He shot Turner twice and ignored Strange’s pleas to stop, firing the third and fatal shot as his victim made a desperate dash for safety.
At Turnbull’s sentencing last June, Justice Peter Johnson said Turnbull had built up a strong resentment – even hatred – for Turner and his employer, the Office of Environment and Heritage, over battles about illegal land clearing.
More recently Turnbull suffered a stroke in jail and was being sued by his second-eldest son over claims the farmer reneged on a longstanding promise to hand over farm land.
It is understood the NSW supreme court case will not be affected by Turnbull’s death and the civil suit will proceed.
Days after the shooting, Barnaby Joyce called for a review of the NSW land clearing laws. His local Northern Daily Leader reported that Joyce said while “you can never make excuses for something like this” –
You have this crazy situation where you don’t own the vegetation on your land, the state government does, and many people have had enough.
NSW laws have since been changed in favour of farmers, including the creation of a $240m Biodiversity Conservation Trust to pay farmers to protect biodiversity, a move the Environmental Defenders Office says could result in a loss of biodiversity.
Updated
@gabriellechan NO TREATY FOR YOU. @murpharoo #politicslive pic.twitter.com/ygr38OLilk
— The Matt Hatter (@MattGlassDarkly) March 28, 2017
Craig Laundy tells Sky the Chinese extradition treaty has nothing to do with the arrests of three Crown casino staff, now held in China.
(There has been some speculation the the deal needs to be signed for those staff.)
Laundy disagrees.
Updated
The Liberal MP for Reid, Craig Laundy, is speaking in favour of the China extradition treaty.
It’s our legal system that is reviewing the case before extradition … You have a chance to defend yourself here before you are actually extradited.
Updated
The Greens party-room meeting has discussed the effects test, native title changes and company tax cuts.
The Greens are concerned that although the Liberals support adding an effects test to competition law in theory, in practice they may be loading bills with unpalatable changes to sink them because the Nationals forced them to adopt the new test.
The party dislikes a plan to remove a pre-existing effects test for the telecommunications industry, and a proposal to increase penalties for secondary boycotts.
On native title, the Greens won’t support government legislation to change the law on challenging land use agreements, believing the changes have been rushed and insufficient consultation with Aboriginal and Torres Strait Islanders has occurred.
On company tax, the Greens supported the tax cut for small business earning less than $2m a year but does not support the government’s $48bn package.
They are sceptical anything will come of Nick Xenophon’s decision to link his support to delivering an emissions intensity scheme; they believe an EIS is insufficient as it doesn’t cover the whole economy, its success depends on its design and it could be a mechanism for boosting gas at the expense of renewables.
Updated
Speaking at a doorstop, the foreign minister, Julie Bishop, says every subsequent government since the treaty was signed in 2007 has had as policy to ratify to China treaty. (I’m looking at you, Tony Abbott.)
Even though she was supporting the treaty this morning (as Malcolm Turnbull was calling Bill Shorten to pull the resolution), Bishop says she has been in lockstep with Turnbull.
It’s been in our national interests to have this arrangement with China.
But she concedes, given the numbers, the resolution had to be withdrawn.
Updated
The joint standing committee on treaties (Jscot), chaired by the former Liberal minister Stuart Robert, recommended the China extradition treaty be accepted with conditions.
In his committee statement, Robert said:
Though it supports the agreement, the committee shares concerns expressed by the community about human rights afforded to people charged with crimes in China, the lack of transparency in the Chinese legal system, allegations of the ill treatment and torture of prisoners, and the continuing imposition of the death penalty.
The committee said to make sure extradited suspects are treated fairly, Jscot recommended that:
• Prior to making a decision to extradite an individual to China, the relevant minister must take into account the current state of China’s criminal justice system as well as the risks to the individual concerned; and
• Any agreement to extradite a person to China must include an undertaking by China to provide a fair trial to that person.
Labor members produced a dissenting report, raising concerns, pointing to the Law Council concerns.
As the Law Council of Australia explained in their submission, Australia is responsible under international law for human rights violations suffered by an extradited person in the destination country. Moreover, as this committee noted in a previous report: “Australia has a moral obligation to protect the human rights of extradited persons beyond simply accepting the undertakings of countries making extradition requests.”
Labor made this recommendation:
That binding treaty action for the treaty on extradition between Australia and the People’s Republic of China be delayed until after an independent review of the Extradition Act 1988 to ensure that Australia’s extradition system continues to be consistent with community expectations and international legal obligations regarding the rule of law and human rights.
Updated
The Labor senator Lisa Singh says there are good reasons for Labor’s opposition to the China extradition treaty.
.@gabriellechan @guardian and Labor's dissenting report to JSCOT explains good reasons why. A principled outcome. #auspol
— Lisa Singh (@Lisa_Singh) March 27, 2017
Updated
Bill Shorten’s remarks to caucus on the China extradition treaty:
Shadow cabinet met last night, it was our recommendation to caucus later this morning that we not ratify the treaty.
I spoke with Malcolm Turnbull this morning and advised him of this.
He has subsequently advised me that they’re withdrawing the treaty from ratification.
Updated
In case you missed it last night, One Nation has been engaging in a little rhythmic gymnastics over various policy positions in the past 24 hours.
Pauline Hanson began on Monday morning saying she would boycott any votes unless there was a sugar resolution, which was already in the wings.
Nevertheless, Gareth Hutchens reports she declared One Nation would support the Turnbull government’s tax cuts only for businesses with yearly turnover of $50m and less.
Then, having supported the Fair Work Commission’s decision to cut penalty rates before the West Australian election, Hanson now opposes cuts to Sunday penalty rates.
After listening to people coming through my office, and on the streets, and back home over the weekend, and in the lead-up to this, generally, the majority of the public do not want a cut to penalty rates on weekends,” she said.
You’ve got my support. I’ve listened, and this is what you want, and I will not support any cuts to the penalty rates.
Updated
Labor’s Penny Wong and Mark Dreyfus will speak on China at 11.30am.
Just back to the China extradition treaty, it has been regularly reported over the years in the state-owned China Daily of the need for an official extradition treaty with Australia. This is an example, from September last year:
In recent years, the United States, Canada, Australia and Singapore have become popular destinations for corrupt fugitive Chinese officials. They lack bilateral extradition treaties and have legal differences with China, complicating their return, according to the Ministry of Public Security.
Many such fugitives have transferred billions of illegally acquired yuan to foreign accounts via money laundering and underground banks, the ministry said.
Updated
The Aemo report is obviously a lot more complex than wind power – guilty or innocent? But as that’s the frame through which the South Australian blackouts have been debated, here is some more detail from the report:
Wind turbines successfully rode through grid disturbances. It was the action of a control setting responding to multiple disturbances that led to the [blackout]. Changes made to turbine control settings shortly after the event has removed the risk of recurrence given the same number of disturbances.”
The report notes that several wind farms in SA have already changed their settings for the protective feature for multiple voltage disturbances which will help “mitigate the risk of similar major supply disruptions occurring in SA”.
One of the report’s new recommendations is that Aemo assess options for improved forecasting of when wind speeds will exceed protection settings on wind turbines, which would lead to ‘over-speed cut-outs’.
Updated
Updated
Noice.
Updated
Aemo report into South Australian blackouts: primary cause = tornadoes
The Australian Energy Market Operator has released its report into the South Australian blackouts on 28 September 2016 in which 850,000 SA customers lost electricity supply.
The report sets out the cause of the blackout in these critical stages:
- Tornadoes with wind speeds in the range of 190 to 260 km/h damaging three transmission lines caused them to trip (disconnect to protect the rest of the system), resulting in voltage dips.
- Nine windfarms in the mid-north of SA reduced power as a protection feature was activated.
- A significant increase in imported power flowing through the Heywood interconnector, reached such a level that it activated a special protection scheme that tripped the interconnector offline.
- The SA power system then became separated from the rest of the National Electricity Market, resulting in the remaining generation being much less than the connected load and unable to maintain the islanded system frequency.
As a result, all supply to the SA region was lost at 4.18 pm … Aemo’s analysis shows that following system separation, frequency collapse and the consequent [blackout] was inevitable.
Aemo suggested that as the electricity mix changes it “is no longer appropriate to rely solely on synchronous generators to provide essential non-energy system services (such as voltage control, frequency control, inertia, and system strength)”. It suggests that the grid should also be stabilised with non-synchronous generators where technically feasible.
The report said Aemo has begun work with the Australian Renewable Energy Authority trialling new technologies, starting with use of the new Hornsdale stage two windfarm to provide grid stabilisation services.
These projects can deliver engineering solutions to make the grid more resilient and protect customer supply as the transformation of Australia’s energy system continues.
So, in conclusion, although windfarms reducing power did play a role in the blackouts the primary cause was the tornadoes knocking over transmission lines, and wind power can be part of the solution to stabilising the grid.
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While the MPs settle into their party-room meetings, a little housekeeping.
First up in the Senate, the government has listed the amendment to section 18C of the Racial Discrimination Act.
The Senate has to table a quickie report into the bill, which was established on Thursday afternoon, before the bill will be debated. The inquiry heard from several witnesses on Friday in its only public hearing. I also reported that the chair, the Liberal senator Ian Macdonald, would not allow evidence from the Aboriginal Legal Service on Friday on the grounds that a previous inquiry had already heard evidence.
The 18C changes are expected to fail, blocked by Labor, the Greens and Nick Xenophon.
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The energy and environment minister, Josh Frydenberg, has released this statement.
Electricity supply in New South Wales is set to be boosted with the construction of a new $100m 42MW solar farm in Manildra.
Supported by up to $9.8m in Turnbull government funding through the Australian Renewable Energy Agency (Arena), the project will begin construction in the first half of 2017.
The project is part of the Turnbull government’s technology-neutral, non-ideological approach to provide affordable, reliable electricity as we transition to a lower emission future.
The solar farm will generate more than 120,000 megawatt-hours of clean electricity a year, or enough to supply up to 14,000 homes.
Now it is clearly a good thing to support renewables but the interesting thing for those who don’t know the geography is Manildra is about 20 minutes to Molong and 30 minutes to Orange.
And Orange, you will remember, was the scene of the state bloodbath for the NSW Coalition in the last state election. The voters of that area were cranky about the state Coalition decision to amalgamate councils. None more so than the residents of Molong who ran a very vocal campaign against the Nationals in a formerly conservative area. At a state level, the Shooters Fishers and Farmers member now represents the seat. #justsaying
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Bill Shorten is beginning his caucus meeting.
He starts with a riff contrasting penalty rates with corporate tax cuts for the big banks (among others).
It shows you how out of touch this arrogant and incompetent government is.
He says he will not stop talking about the cuts to penalty rates until the government supports Labor’s legislation to stop cuts to penalty rates.
To recap, the defeat for the China extradition treaty is obvious because Cory Bernardi’s disallowance motion (due tomorrow) has the support of the following.
- Labor and the Greens have confirmed they are against the treaty.
- Nick Xenophon Team, One Nation and David Leyonhjelm are expected to vote against.
This equals a majority in the Senate supporting disallowance of the treaty.
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Turnbull informs Shorten he is pulling the China treaty resolution
Midway through a conversation with Cory Bernardi, the journalist Kieran Gilbert receives a message that Malcolm Turnbull has called Bill Shorten to tell him the treaty resolution has been pulled.
I have also confirmed that this has occurred.
So Turnbull has pulled the resolution given the obvious conclusion that it would be an embarrassing defeat for the treaty in the Senate.
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Big (government) trouble in little China
The extradition treaty with China is the focal point of corridor conversation in Canberra this morning.
There are a number of government MPs very exercised. Government MPs report that three Liberal senators, Eric Abetz, Dean Smith and David Fawcett, would contemplate crossing the floor in the event this issue came to a vote.
I stress this is speculation, but safe to say reasonably informed speculation. I’m chasing these people to see what they might be intending to do. The issue is now unlikely to come to a vote, because Labor doesn’t support the treaty.
The mechanism for blocking the treaty is a disallowance motion that will be moved in the Senate tomorrow. Labor, the Greens and the former Liberal senator Cory Bernardi support the disallowance.
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George Brandis, the Bell matter and careless whispers
In an unusual Senate committee hearing on a sitting night last evening, the Bell litigation matter starring George Brandis was further poked.
This is what we discovered, via Paul Karp.
The Australian Tax Office sought advice about what it could do if Brandis compromised its ability to challenge Western Australia’s Bell litigation laws. It seems there were “bureaucratic whispers” that it was under consideration.
Two ATO witnesses told the Senate legal and constitutional affairs committee on Monday night that they had sought legal advice owing to rumours from multiple public-sector sources that a direction preventing them from intervening in the high court was under consideration.
But the ATO witnesses noted the rumours were merely hearsay and such a direction was never issued.
The second ATO commissioner, Andrew Mills, said in the days before 4 March 2016 he heard whispers “to the effect that the attorney general might consider issuing a direction in terms of what agencies could or couldn’t do in terms of proceeding with particular kinds of actions before the high court”.
At the time the ATO was planning to intervene in a constitutional challenge of Western Australia’s laws that gave it priority over the Bell Group’s other creditors for its $1.8bn of assets, a move that could cost the tax office $300m.
An assistant ATO commissioner, Robert Puckeridge, said he was informed that a direction that could prevent the ATO intervening in the case was being contemplated by the attorney general, his department or office.
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Barnaby Joyce on Pauline Hanson: not one phone call from One Nation on sugar
Barnaby Joyce has been speaking to Sabra Lane about the sugar shambles in Queensland.
This has been a longtime issue and has been building to a head because of the sugar harvest. Paul Karp reported yesterday:
Sugar growers in north Queensland are concerned that they will lose control over who sells their sugar as Wilmar, which operates monopoly sugar mills in some districts, has failed to come to an agreement over supply with the not-for-profit industry pool Queensland Sugar Ltd.
It is a state government issue but in the absence of a resolution, Joyce has threatened to impose a code of conduct on the industry which would force an agreement.
He says for all of the foot stamping by One Nation on the sugar code, he has not received one phone call from the party.
It’s like they come out and predict the sun is going to rise and then claim credit for it.
He makes a couple of points:
- Government legal opinion suggests a sugar code of conduct would stand up.
- He has had the code sitting in his drawer for quite some time.
- The government will drop the code on the table “at the time of our choosing”.
- The quickest way to resolve the issue is through the state government and the slowest way is a code of conduct.
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The Guardian’s Essential poll is out. Katharine Murphy reports the usual Labor lead on a 2PP basis over the Coalition of 54% to 46%.
With the last parliamentary week dominated by the government’s proposed changes to the Racial Discrimination Act, voters were asked whether they approved of the Turnbull government’s plan to overhaul 18C.
The government’s proposed change to the legislation, expected to be debated in the Senate on Tuesday, would remove the terms “insult”, “offend” and “humiliate” and insert the higher definition of “harass” into section 18C.
A total of 45% of the survey approved of the move, and 34% were opposed.
Voters were also asked whether they thought laws governing racial discrimination in Australia were too strict, too weak or about right.
A total of 40% thought Australia’s current laws governing racial discrimination were about right, 26% thought they were too weak and 16% thought they were too strict.
Voters were asked the same set of questions about the RDA in November 2016, and the results suggest community sentiment has not shifted despite months of political contention over the issue.
Good morning blogans,
Unity of purpose is a rare thing in parliament but it seems an extradition treaty with China has brought about agreement with all but senior government leadership.
The extradition treaty was signed 10 years ago under the Howard government. It would mean that anyone with charges against them could be extradited between either country.
Malcolm Turnbull said yesterday failure to ratify would jeopardise joint law enforcement activities.
We are urging the opposition and crossbenchers to support the ratification. There are very considerable protections in the treaty and it is an important part of our co-operation with China on law enforcement.
The independent senator Cory Bernardi is first out of the blocks this morning, signalling his opposition. Bernardi says 99.9% of defendants in the Chinese legal system are found guilty.
We don’t know what happens to people once they are extradited to China ... there is no upside for Australia.
Bernardi makes a number of valid points, in my opinion.
- That Australia does not know what happens to people who are found guilty, including executions.
- There is no formal stated protection of minors.
- None of Australia’s Five Eyes intelligence partners (US, UK, Canada and New Zealand) have an extradition treaty with China.
- If the treaty was signed under the Howard government, why does it have to be ratified by parliament now?
Bernardi says of justifications by Turnbull:
The difficulty is that governments will always say things to serve only their interests.
Greg Sheridan of the Oz reports that Tony Abbott is not the only one in the Coalition who has problems with the treaty, though the point must be made that Abbott did nothing to overturn the treaty as prime minister.
Abbott:
I’d be very, very cautious about ratifying this treaty at this time. In my judgment, China’s legal system has to evolve further before the Australian government and people could be confident that those before it would receive justice according to law.
I want the best possible friendship with China but not at the expense of our values and long-term national interest.
It has been reported that Labor’s shadow cabinet does not support the treaty but we have party-room meetings this morning so I will bring you more on that decision when it is announced. Suffice to say, Bernardi seems confident of Labor support.
The Greens do not support the treaty, as Senator Nick McKim said yesterday:
We’ve got very significant concerns about extraditing Australians, in particular to China. The Chinese government’s legal system quite frankly cannot be trusted, the conviction rate is astronomical which calls into significant question someone’s right to receive a fair trial in China and we will not be supporting the extradition of Australians to China. So we’ll be voting to block that extradition.
The mechanism for blocking the ratification is a disallowance motion, to be moved by Bernardi. He says with Labor support, he won’t need the Coalition to disallow the ratification.
There is plenty more coming up besides, including company tax cut negotiations after that bill passed the lower house. The report into the Racial Discrimination Act amendments to section 18C is due at 12.30pm. Join the conversation in the thread, on the Twits @gabriellechan and on Facebook.
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