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Warren Entsch 'lives in hope' his marriage equality bill will succeed eventually – as it happened
Warren Entsch 'lives in hope' his marriage equality bill will succeed eventually – as it happened
(1 day later)
8.58am BST
8.58am BST
08:58
08:58
Night time politics summary
Night time politics summary
This is what we know now - that we did not know this morning.
This is what we know now - that we did not know this morning.
Tony Abbott’s hand-picked trade union royal commissioner Dyson Heydon could be forced to consider his own disqualification by the end of this week. This is because the ACTU and the Labor party are currently poring over emails between the organisers of a Liberal party fundraising event and Heydon’s office - released by the latter. After legal wrangling, Heydon agreed to give the unions until Thursday to consider whether to urge his disqualification. If the ACTU decides to urge disqualification, Heydon will hear the arguments on Friday morning.
Tony Abbott’s hand-picked trade union royal commissioner Dyson Heydon could be forced to consider his own disqualification by the end of this week. This is because the ACTU and the Labor party are currently poring over emails between the organisers of a Liberal party fundraising event and Heydon’s office - released by the latter. After legal wrangling, Heydon agreed to give the unions until Thursday to consider whether to urge his disqualification. If the ACTU decides to urge disqualification, Heydon will hear the arguments on Friday morning.
As that drama was unfolding at the TURC in Sydney, Abbott had to repeatedly defend Heydon in question time. Again and again, Abbott told us there was nothing to see here, using two arguments. The first, that the royal commission into trade unions was necessary. (Which does not go to the issue at hand.) The second, that somehow discussing Heydon was a type of sub judice. Straws and the act of clutching came to mind. The timing of the Thursday deadline ensures that Abbott will continue to take questions on Heydon all this week.
As that drama was unfolding at the TURC in Sydney, Abbott had to repeatedly defend Heydon in question time. Again and again, Abbott told us there was nothing to see here, using two arguments. The first, that the royal commission into trade unions was necessary. (Which does not go to the issue at hand.) The second, that somehow discussing Heydon was a type of sub judice. Straws and the act of clutching came to mind. The timing of the Thursday deadline ensures that Abbott will continue to take questions on Heydon all this week.
The Australian Building and Construction Bill was voted down in the senate this afternoon. The Fair Work (registered organisations) bill is currently being debated. If the fair work bill goes down, it could provide the government with a double dissolution trigger.
The Australian Building and Construction Bill was voted down in the senate this afternoon. The Fair Work (registered organisations) bill is currently being debated. If the fair work bill goes down, it could provide the government with a double dissolution trigger.
Tony Abbott revisited the Adani Carmichael coalmine federal court decision, suggesting that the current use of the courts by environmental vigilantes was “not fair”. He said he was not criticising the courts, but said environmental groups were “gaming” the system.
Tony Abbott revisited the Adani Carmichael coalmine federal court decision, suggesting that the current use of the courts by environmental vigilantes was “not fair”. He said he was not criticising the courts, but said environmental groups were “gaming” the system.
As I post, Cabinet is meeting and I would put money on some discussion of marriage equality and the idea of a plebiscite or referendum. It seems like such a long time ago but this morning, Warren Entsch finally took his marriage equality bill to parliament. There was no debate. There was no vote. But at least he got to speak, surrounded by cross party co-sponsors. (Check out Mike Bowers lovely photos earlier in the blog.) Now the bill languishes until the government decides what to do about the people’s vote.
As I post, Cabinet is meeting and I would put money on some discussion of marriage equality and the idea of a plebiscite or referendum. It seems like such a long time ago but this morning, Warren Entsch finally took his marriage equality bill to parliament. There was no debate. There was no vote. But at least he got to speak, surrounded by cross party co-sponsors. (Check out Mike Bowers lovely photos earlier in the blog.) Now the bill languishes until the government decides what to do about the people’s vote.
And, there was the obligatory security photo op. This theme is crossing into the territory of the axe-the-tax-high-viz-vest pictures of Abbott as opposition leader. Herewith, a reconstruction of a drug and alcohol test used to detect ice and other substances, captured by Lukas Coch of AAP.
And, there was the obligatory security photo op. This theme is crossing into the territory of the axe-the-tax-high-viz-vest pictures of Abbott as opposition leader. Herewith, a reconstruction of a drug and alcohol test used to detect ice and other substances, captured by Lukas Coch of AAP.
Thanks to the brains trust today, Shalailah Medhora, Daniel Hurst, Lenore Taylor and the Eddie Everywhere, Michael Bowers, whose photos made my day.
Thanks to the brains trust today, Shalailah Medhora, Daniel Hurst, Lenore Taylor and the Eddie Everywhere, Michael Bowers, whose photos made my day.
Good night from me.
Good night from me.
And good night from him.
And good night from him.
7.52am BST
7.52am BST
07:52
07:52
The Liberal senator Cory Bernardi says there are fewer more vehement opponents to same-sex marriage than himself.
The Liberal senator Cory Bernardi says there are fewer more vehement opponents to same-sex marriage than himself.
We won’t be arguing with that.
We won’t be arguing with that.
Jacqui Lambie says:
Jacqui Lambie says:
It is clear Mr Abbott is one of the worst prime ministers Australia has ever had.
It is clear Mr Abbott is one of the worst prime ministers Australia has ever had.
Which is becoming a default position for Lambie. She wants a plebiscite at the next election.
Which is becoming a default position for Lambie. She wants a plebiscite at the next election.
Updated
Updated
at 8.16am BST
at 8.16am BST
7.48am BST
7.48am BST
07:48
07:48
Speaking to his marriage equality bill, the government MP Warren Entsch has told Sky he was disappointed that the issue of a conscience vote went to the joint party room but he ultimately thought it was a good thing.
Speaking to his marriage equality bill, the government MP Warren Entsch has told Sky he was disappointed that the issue of a conscience vote went to the joint party room but he ultimately thought it was a good thing.
And he has not given up hope of his bill succeeding, either in the next parliament or before.
And he has not given up hope of his bill succeeding, either in the next parliament or before.
I am hoping it will come back before that. You live in hope.
I am hoping it will come back before that. You live in hope.
Updated
Updated
at 8.16am BST
at 8.16am BST
7.32am BST
7.32am BST
07:32
07:32
ACTU given until Thursday to consider whether to urge disqualification of Heydon
ACTU given until Thursday to consider whether to urge disqualification of Heydon
Dyson Heydon has directed the ACTU to file written submissions to the commission if it wants to disqualify him as commissioner by 2pm on Thursday. If it decides to “go down that path” then Heydon will consider the matter on Friday.
Dyson Heydon has directed the ACTU to file written submissions to the commission if it wants to disqualify him as commissioner by 2pm on Thursday. If it decides to “go down that path” then Heydon will consider the matter on Friday.
Which leaves the matter running for the rest of the parliamentary sitting week.
Which leaves the matter running for the rest of the parliamentary sitting week.
Updated
Updated
at 8.16am BST
at 8.16am BST
7.21am BST
7.21am BST
07:21
07:21
The trade union royal commission is due back any moment now. At 4pm, Robert Newlinds SC, acting for the ACTU, was to return and inform the commissioner of how he wished to proceed, given Newlinds was given documents relating to the Liberal party fundraiser. No sign as yet.
The trade union royal commission is due back any moment now. At 4pm, Robert Newlinds SC, acting for the ACTU, was to return and inform the commissioner of how he wished to proceed, given Newlinds was given documents relating to the Liberal party fundraiser. No sign as yet.
I will keep one ear on that commission and one ear on the Senate.
I will keep one ear on that commission and one ear on the Senate.
LGBTI Greens spokeswoman Janet Rice is speaking in favour of marriage equality and a government marriage equality advocate, Dean Smith, is in the president’s chair.
LGBTI Greens spokeswoman Janet Rice is speaking in favour of marriage equality and a government marriage equality advocate, Dean Smith, is in the president’s chair.
Updated
Updated
at 8.15am BST
at 8.15am BST
7.13am BST
7.13am BST
07:13
07:13
The Senate is debating a matter of public importance on marriage equality. Liberal senator David Fawcett is talking about how the government stopped the boats.
The Senate is debating a matter of public importance on marriage equality. Liberal senator David Fawcett is talking about how the government stopped the boats.
I think I missed the segue.
I think I missed the segue.
Updated
Updated
at 7.16am BST
at 7.16am BST
6.54am BST
6.54am BST
06:54
06:54
And with a quick wink, QT was over...
And with a quick wink, QT was over...
Updated
Updated
at 8.14am BST
at 8.14am BST
6.52am BST
6.52am BST
06:52
06:52
While the aforementioned ABCC bill has not been voted down before, the next bill before the Senate – the fair work (registered organisations) legislation – could make for a double-dissolution trigger. The registered organisations bill is being brought to Senate for debate a second time today.
While the aforementioned ABCC bill has not been voted down before, the next bill before the Senate – the fair work (registered organisations) legislation – could make for a double-dissolution trigger. The registered organisations bill is being brought to Senate for debate a second time today.
Lenore Taylor reported in March that the idea of using the registered organisations bill as a double-dissolution trigger was raised in the leadership group.
Lenore Taylor reported in March that the idea of using the registered organisations bill as a double-dissolution trigger was raised in the leadership group.
The fair work bill establishes a registered organisations commission to monitor the conduct of unions and business groups.
The fair work bill establishes a registered organisations commission to monitor the conduct of unions and business groups.
Updated
Updated
at 8.14am BST
at 8.14am BST
6.31am BST
6.31am BST
06:31
06:31
Australian Building and Construction Commission goes down
Australian Building and Construction Commission goes down
The bill to re-establish the Australian Building and Construction commissioner and the Australian Building and Construction Commission has been voted down in the Senate.
The bill to re-establish the Australian Building and Construction commissioner and the Australian Building and Construction Commission has been voted down in the Senate.
The numbers were 33-all as Dio Wang abstained. Ricky Muir, Jacqui Lambie and Glenn Lazarus voted against the government legislation and John Madigan, Nick Xenophon, David Leyonhjelm and Bob Day voted with the government. The division is here.
The numbers were 33-all as Dio Wang abstained. Ricky Muir, Jacqui Lambie and Glenn Lazarus voted against the government legislation and John Madigan, Nick Xenophon, David Leyonhjelm and Bob Day voted with the government. The division is here.
When the numbers are even, the bill fails.
When the numbers are even, the bill fails.
The employment minister, Eric Abetz, says he will “re-engage” with the crossbenchers.
The employment minister, Eric Abetz, says he will “re-engage” with the crossbenchers.
No objective observer can deny there is an endemic problem of industrial unlawfulness in this industry given the litany of court judgments and fines against the CFMEU for repeated and unrepentant breaches of the law.
No objective observer can deny there is an endemic problem of industrial unlawfulness in this industry given the litany of court judgments and fines against the CFMEU for repeated and unrepentant breaches of the law.
The opposition employment spokesman, Brendan O’Connor, described the ABCC as “excessive, undemocratic and unwarranted in terms of regulating civil laws”.
The opposition employment spokesman, Brendan O’Connor, described the ABCC as “excessive, undemocratic and unwarranted in terms of regulating civil laws”.
Any allegation of serious crime that happens in the workplace by an employer, by an employee, or their representatives should be investigated by crime-fighting agencies: the police or the Australian Crime Commission, with coercive powers.
Any allegation of serious crime that happens in the workplace by an employer, by an employee, or their representatives should be investigated by crime-fighting agencies: the police or the Australian Crime Commission, with coercive powers.
Updated
Updated
at 6.43am BST
at 6.43am BST
6.08am BST
6.08am BST
06:08
06:08
Next comes a Labor attempt to get the level of Dyson Heydon’s salary on the royal commission. The Speaker sits them down and we are back to the war against ice, with the justice minister, Michael Keenan.
Next comes a Labor attempt to get the level of Dyson Heydon’s salary on the royal commission. The Speaker sits them down and we are back to the war against ice, with the justice minister, Michael Keenan.
Updated
Updated
at 6.41am BST
at 6.41am BST
6.05am BST
6.05am BST
06:05
06:05
Kevin Andrews, the defence minister and minister assisting Dan Tehan, is given a Dixer regarding the future of service ship building in Australia.
Kevin Andrews, the defence minister and minister assisting Dan Tehan, is given a Dixer regarding the future of service ship building in Australia.
6.00am BST
6.00am BST
06:00
06:00
Grrrr ... question time brings out the mongrel in all of us
Grrrr ... question time brings out the mongrel in all of us
Updated
Updated
at 6.41am BST
at 6.41am BST
5.56am BST
5.56am BST
05:56
05:56
Tony Burke asks Tony Abbott again about Dyson Heydon. Abbott has quoted the well-known lawyer Julian Burnside defending Heydon’s reputation. Burke says the full Burnside comment suggested “an honourable person caught in that position” would step aside.
Tony Burke asks Tony Abbott again about Dyson Heydon. Abbott has quoted the well-known lawyer Julian Burnside defending Heydon’s reputation. Burke says the full Burnside comment suggested “an honourable person caught in that position” would step aside.
Abbott again defends Heydon and the need for the royal commission into trade unions.
Abbott again defends Heydon and the need for the royal commission into trade unions.
Updated
Updated
at 6.40am BST
at 6.40am BST
5.53am BST
5.53am BST
05:53
05:53
The netball dad. As opposed to the daggy dad.
The netball dad. As opposed to the daggy dad.
Updated
Updated
at 6.39am BST
at 6.39am BST
5.50am BST
5.50am BST
05:50
05:50
The Fixer.
The Fixer.
Updated
Updated
at 6.39am BST
at 6.39am BST
5.48am BST
5.48am BST
05:48
05:48
The immigration minister, Peter Dutton, takes a question on the 457 visa program.
The immigration minister, Peter Dutton, takes a question on the 457 visa program.
Dutton says while the unions are “trashing” the Chinese FTA and “running this racist line out there”, it turns out trade unions have sponsored 45 457 visa holders over the past five years, with several unions still acting as a sponsors.
Dutton says while the unions are “trashing” the Chinese FTA and “running this racist line out there”, it turns out trade unions have sponsored 45 457 visa holders over the past five years, with several unions still acting as a sponsors.
Updated
Updated
at 6.38am BST
at 6.38am BST
5.45am BST
5.45am BST
05:45
05:45
Brendan O’Connor to the prime minister: “In an extraordinary statement today Dyson Heydon not only confirmed he had agreed to speak at a Liberal party fundraiser years ago, but he recommitted to the fundraiser in this year.
Brendan O’Connor to the prime minister: “In an extraordinary statement today Dyson Heydon not only confirmed he had agreed to speak at a Liberal party fundraiser years ago, but he recommitted to the fundraiser in this year.
“PM, doesn’t this make it clear that this royal commission has been politicised from the start and Mr Heydon’s commission should be withdrawn?”
“PM, doesn’t this make it clear that this royal commission has been politicised from the start and Mr Heydon’s commission should be withdrawn?”
Christopher Pyne tries to make a point of order but Abbott says he will answer.
Christopher Pyne tries to make a point of order but Abbott says he will answer.
Abbott starts quoting emails “dated 1914”, which sends Labor and Wayne Swan into an uproar around “yesterday’s man”. Then Abbott continues:
Abbott starts quoting emails “dated 1914”, which sends Labor and Wayne Swan into an uproar around “yesterday’s man”. Then Abbott continues:
This is Dyson Heydon. The email stated that it was organised by a body which I was told was one of the lawyer branches of the Liberal party NSW division which had a focus on professional engagement. So it was not a fundraiser at all. It was a Liberal party event, organised by one of the lawyer branches of the Liberal party NSW division which had ‘a focus on professional engagement’... It’s never been disputed that this was a Liberal party event. The claim of members opposite is that the royal commissioner knowingly accepted an invitation to a Liberal party fundraiser. That is false.
This is Dyson Heydon. The email stated that it was organised by a body which I was told was one of the lawyer branches of the Liberal party NSW division which had a focus on professional engagement. So it was not a fundraiser at all. It was a Liberal party event, organised by one of the lawyer branches of the Liberal party NSW division which had ‘a focus on professional engagement’... It’s never been disputed that this was a Liberal party event. The claim of members opposite is that the royal commissioner knowingly accepted an invitation to a Liberal party fundraiser. That is false.
Updated
Updated
at 6.38am BST
at 6.38am BST
5.38am BST
5.38am BST
05:38
05:38
The trade minister, Andrew Robb, gets a government question on the China free trade agreement (Chafta).
The trade minister, Andrew Robb, gets a government question on the China free trade agreement (Chafta).
Robb accuses the union movement of “running a brutal, dishonest anti-Chinese campaign”.
Robb accuses the union movement of “running a brutal, dishonest anti-Chinese campaign”.
Updated
Updated
at 6.36am BST
at 6.36am BST
5.34am BST
5.34am BST
05:34
05:34
Adam Bandt asks the immigration minister, Peter Dutton, about allegations that eight people extensively spied on Senator Hanson-Young over three days, including in her hotel room.
Adam Bandt asks the immigration minister, Peter Dutton, about allegations that eight people extensively spied on Senator Hanson-Young over three days, including in her hotel room.
On June 11 you said allegations of spying were completely fanciful but you’ve been silent since last week’s revelations. Can you guarantee to the parliament that in your portfolio area no senator or MP has been spied on by government contractors under your government’s watch?
On June 11 you said allegations of spying were completely fanciful but you’ve been silent since last week’s revelations. Can you guarantee to the parliament that in your portfolio area no senator or MP has been spied on by government contractors under your government’s watch?
Dutton says “suggestions that somehow the government has been involved in some sort of spying activity is a nonsense”.
Dutton says “suggestions that somehow the government has been involved in some sort of spying activity is a nonsense”.
Updated
Updated
at 6.35am BST
at 6.35am BST
5.30am BST
5.30am BST
05:30
05:30
Abbott accuses Labor of smearing Dyson Heydon
Abbott accuses Labor of smearing Dyson Heydon
Tony Burke asks the prime minister: Doesn’t [Heydon’s statement] make it clear that the royal commissioner has been politicised from the start and the PM should withdraw Mr Heydon’s commission?
Tony Burke asks the prime minister: Doesn’t [Heydon’s statement] make it clear that the royal commissioner has been politicised from the start and the PM should withdraw Mr Heydon’s commission?
Abbott accuses Labor of a smear.
Abbott accuses Labor of a smear.
Not only do we support the impartiality and the professionalism of former high court judge Dyson Heydon, we also absolutely support the necessity of this royal commission into union corruption and I say, Mr Speaker, that members opposite should be very careful about smearing a distinguished former judge in an attempt to cover up their betrayals of the workers.
Not only do we support the impartiality and the professionalism of former high court judge Dyson Heydon, we also absolutely support the necessity of this royal commission into union corruption and I say, Mr Speaker, that members opposite should be very careful about smearing a distinguished former judge in an attempt to cover up their betrayals of the workers.
Updated
Updated
at 6.35am BST
at 6.35am BST
5.23am BST
5.23am BST
05:23
05:23
Tony Burke to Tony Abbott on the invitation to Dyson Heydon: “The invitation carried the statement, ‘I am chair of one of the lawyer branches of the Liberal party NSW division.’ Will the PM correct the record?”
Tony Burke to Tony Abbott on the invitation to Dyson Heydon: “The invitation carried the statement, ‘I am chair of one of the lawyer branches of the Liberal party NSW division.’ Will the PM correct the record?”
Christopher Pyne gets up and says the question offends the laws of subjudice and the standing orders. What was in the mind of Heydon is not within the knowledge of the prime minister, says Pyne.
Christopher Pyne gets up and says the question offends the laws of subjudice and the standing orders. What was in the mind of Heydon is not within the knowledge of the prime minister, says Pyne.
Burke takes issue. The Speaker, Tony Smith, says the PM can only answer questions for which he is responsible. Smith says the last question was “skating very close” and Abbott did not need to answer the question. Smith gives Burke the opportunity to rephrase the question.
Burke takes issue. The Speaker, Tony Smith, says the PM can only answer questions for which he is responsible. Smith says the last question was “skating very close” and Abbott did not need to answer the question. Smith gives Burke the opportunity to rephrase the question.
Burke rephrases but runs out of time so Smith sits Labor down. He has already thrown out Labor’s Ed Husic.
Burke rephrases but runs out of time so Smith sits Labor down. He has already thrown out Labor’s Ed Husic.
Labor misses the question and the government gets a go, through Joe Hockey.
Labor misses the question and the government gets a go, through Joe Hockey.
Updated
Updated
at 6.10am BST
at 6.10am BST
5.15am BST
5.15am BST
05:15
05:15
OK, on to question time.
OK, on to question time.
Greg Hunt is away for the week. #justsaying
Greg Hunt is away for the week. #justsaying
Tony Burke to the prime minister: is it the case that Dyson Heydon AC QC after he had been appointed royal commissioner accepted an invitation to speak at an event knowing full well it was organised by the Liberal party?
Tony Burke to the prime minister: is it the case that Dyson Heydon AC QC after he had been appointed royal commissioner accepted an invitation to speak at an event knowing full well it was organised by the Liberal party?
Abbott says we should never forget Heydon is a distinguished Australian and a man of “integrity”.
Abbott says we should never forget Heydon is a distinguished Australian and a man of “integrity”.
This government fully supports the professionalism and the impartiality of Dyson Heydon QC and this government fully supports the necessity of the royal commission into trade union corruption.
This government fully supports the professionalism and the impartiality of Dyson Heydon QC and this government fully supports the necessity of the royal commission into trade union corruption.
Abbott says as there will be an application before the commission this afternoon, it would be “inappropriate” to comment any further.
Abbott says as there will be an application before the commission this afternoon, it would be “inappropriate” to comment any further.
Updated
Updated
at 5.26am BST
at 5.26am BST
5.10am BST
5.10am BST
05:10
05:10
This is not a Liberal function.
This is not a Liberal function.
In the senate, the attorney general, George Brandis, has reiterated that the Sir Garfield Barwick address is not a political function.
In the senate, the attorney general, George Brandis, has reiterated that the Sir Garfield Barwick address is not a political function.
None have been of a political character.
None have been of a political character.
Brandis says the audience is not made up exclusively of Liberal party members. He will not be asking for Heydon’s resignation.
Brandis says the audience is not made up exclusively of Liberal party members. He will not be asking for Heydon’s resignation.
5.08am BST
05:08
Abbott and Shorten are making a statement on the 70th anniversary of the end of the Pacific war.
5.06am BST
05:06
Dyson Heydon on panel recommending Tony Abbott Rhodes scholarship
Our colleague down the hall, Heath Aston at Fairfax, reports that Dyson Heydon was on the panel that awarded Tony Abbott his Rhodes scholarship.
Dyson Heydon, the royal commissioner under mounting pressure to quit over his links to the Liberal party, was on a panel that awarded a young Tony Abbott a life-changing scholarship to Oxford university.
Heydon was part of the seven-member Rhodes Trust selection committee in NSW that in 1980 handed the prestigious Rhodes scholarship to the future prime minister, then a 23-year-old student politician at Sydney university.
According to documents seen by Fairfax Media at the NSW state archives on Monday, the selection committee was chaired by a former NSW governor, Sir Roden Cutler, and “Professor JD Heydon” was a member.
Updated
at 5.27am BST
5.02am BST
05:02
Women have done us proud. As always, we can trust the women to do us proud, says Abbott.
Except maybe when it comes to preselections ...
Updated
at 5.27am BST
5.01am BST
05:01
Australia is a netball nation, declares Bill Shorten in a 90-second statement ahead of parliament.
Go the Diamonds.
Now Tony Abbott is celebrating the Diamonds’ win. His wife and daughters are “netball tragics”.
He notes it is Australia’s 11th world cup netball win.
I might need to get my centre bib out.
Updated
at 5.28am BST
4.57am BST
04:57
Question time coming up right now.
4.46am BST
04:46
Dyson Heydon was just prevailed upon by the ACTU’s legal representative in the trade union royal commission to give them more time to consider the documents and for him to take instruction on what to do next.
Heydon reluctantly stretches it out to 4pm today.
Updated
at 4.48am BST
4.44am BST
04:44
Lunchtime politics summary
Updated
at 4.49am BST
4.28am BST
04:28
The foreign affairs minister, Julie Bishop, is doing a doorstop right now. She appears to be cranky to be asked about marriage equality rather than free trade agreements.
I’m concerned that I was here at the Australian Chamber of Commerce and Industry talking about the free trade agreement and the huge opportunities for Australian businesses and jobs growth and no one’s asked me a question on it. That’s what I’m about.
But Bishop does wade into the issue of the morning: the Warren Entsch marriage equality bill.
I would like to see the Coalition go to the next election saying vote for us and you can have your say on marriage equality and same-sex marriage.
Should it before the next election, in next election or after?
It would be a good idea to go to the next election with that policy because, after all, we did say to the Australian people at the last election that our policy on changes to the Marriage Act would remain throughout this term, and if there was to be a change it would go to the party room as it did, and of course this still has to be discussed by the party room, cabinet, the leadership group.
She makes the point that if the marriage bill had been voted on today, it would not have passed.
Updated
at 4.52am BST
4.18am BST
04:18
Daniel Hurst
Here we go again ...
Leaving the Sky News studios, Christopher Pyne was intercepted by journalists who want to ask several questions about the trade union royal commission and same-sex marriage. The leader of the house, who was also door-stopped in similar circumstances last week, was unimpressed.
“Here we are again … Is this the new practice of stopping people from coming up to the gallery?”
Q: How can Australians believe Dyson Heydon’s claims that he simply overlooked the fact that he was accepting an invitation for a Liberal party function?
“Look, I’ve just done 20 minutes or 15 minutes on Sky television and I’ve answered all of those questions there. I really don’t like this practice that’s developed where the gallery feel that they can kind of shock ministers or backbenchers coming out of other media areas with spontaneous press conferences. If you want to have a press conference then ask my media adviser that you have some questions that you want to put to me and I might hold a press conference. That’s the way that the behaviour of the gallery and the parliament should interact.”
Q: Can I ask you about same-sex [marriage], something that you are across. You were in the chamber this morning … Why did you choose to sit in the chamber?
“Because I have great respect for Warren Entsch and the fact that he’s introduced this bill, this cross-party bill, and I wanted to show my support for him.”
Updated
at 4.54am BST
4.12am BST
04:12
Lawyers at 40 paces
Dyson Heydon has told the ACTU lawyer to get back to him post haste (at 1.30pm) on the rather large bundle of documents dumped in his lap.
The ACTU lawyer says he is awaiting instructions on what to do with the documents (I need to read them first).
Heydon says he just wanted to make his statement in relation to the documents.
HEYDON: In view of the time that’s passed, it might be best if we return to this at 1:30.
LAWYER: Of course I will, but I can say now I will not have instructions one way or the other as to making an application.
HEYDON: You are a very able and experienced barrister – you understand the relevant law on this.
LAWYER: I do.
HEYDON: The facts are in a very small compass. You will be able to work out the content of some advice you might wish to give to your four clients. Let us return at 1.30 and examine what the position is.
Updated
at 4.56am BST
4.02am BST
04:02
Dyson Heydon: "If there is any possibility ...
Dyson Heydon gave a brief outline of how he was planning to attack the speech before he discovered the nature of the function.
Heydon:
On 12 June 2015 I received an email from the organiser to which was attached a copy of the invitation to the address, that being a three-page document, as I say, attached to the email, a one-page document. In the usual course, my personal assistant printed out a copy of the email and the attachments and provided them to me.
I glanced through the email noting the date, time and place of the dinner. I did not read the attachments having noted in the one-page email of 12 June that I was to be the guest of the organisers. Following 12 June, I was deeply engaged in commission business. I did not give any consideration to the Sir Garfield Barwick address; I did not prepare a written paper.
I did prepare rough notes which I have produced pursuant to the requests of the applicant in its letter of today’s date which is ACTU MFI 1. On 12 August 2015, the coordinator of the Sir Garfield Barwick address sent me an email which has been previously released by the commission.
I was engaged either in hearings or in other duties until the following morning. At that time I caused my personal assistant to send an email which included the following words “if there is any possibility”. Those two words emphasised “that the event could be described as a Liberal party event, he will be unable to give the address, at least while he is in the position of royal commissioner”.
Shortly of the dispatch of that email, it was made plain I would not be giving the address. My understanding at all times has been that the dinner was not to be a fundraiser.
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Dyson Heydon: I overlooked the connection
Back to the trade union royal commission. This morning the ACTU asked for the documents relating to commissioner Dyson Heydon’s top billing on a Liberal fundraiser, known as the Sir Garfield Barwick oration. After legal shenanigans, he handed over the documents and then made his first statement on the matter.
The crux of it was he is a busy person and simply “overlooked” the event.
When I received the contact by email from the coordinator, I remembered that I had agreed to give the Garfield Barwick address in August 2015. However, in March 2015 I overlooked the connection between the person or persons organising the event and the Liberal party which had been stated in the email of 10 April 2014. I also overlooked the fact my agreement to speak at that time had been conditional on the work of the commission being completed before that time.
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There is no logic to a referendum
Christopher Pyne is reiterating on Sky that the plebiscite on marriage equality is the only option as “there is no legal basis to hold a referendum”.
Pyne is pushing back at his leader, after Abbott this morning refused to rule out a referendum, favoured by Scott Morrison and Abbott, as a method of killing the possibility of same-sex marriage.
There is no logic to a referendum.
Pyne says the plebiscite was appropriate and at least as important as asking about the “national song”. Remember the national anthem plebiscite?
He asked everyone to be “respectful and civil” to each other. His point was that his correspondence has been a bit over the top and he makes particular mention of the anti-marriage equality bunch.
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Commissioner Dyson Heydon has just made a statement to the trade union royal commission after the ACTU made an application for him to release documents relating to speaking at a Liberal party fundraiser. More shortly ...
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If you want to check out the marriage amendment, you can find it here.
It essentially substitutes a new definition:
Marriage means the union of two people to the exclusion of all others, voluntarily entered into for life.
The legislation also states the object of the bill as:
To allow couples to marry, and to have their marriages recognised, regardless of sex, sexual orientation, gender identity or intersex status.
It also includes the protection:
A minister of religion may refuse to solemnise a marriage for any reason, including because to do so would be contrary to the minister’s beliefs or the minister’s understanding of the doctrines, tenets, beliefs or teachings of the minister’s denomination.
The photo below gives you an idea of the precarious numbers in support of same-sex marriage in the parliament. This was the chamber awaiting the bill. Others did arrive but not a lot more. While it is not definitive, it remains unclear whether the numbers would be there – even if Tony Abbott did cease his tricky attempts to defeat the Entsch bill.
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The speaker is making a statement to that effect to the house now.
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The Canning byelection is on 19 September
The Speaker, Tony Smith, has issued the writs for the West Australian seat of Canning.
I hereby notify that, pursuant to the provisions of the constitution of the commonwealth of Australia, I have this day issued a writ for the election of a member to serve in the House of Representatives for the electoral division of Canning in the place of Mr Don Randall, deceased.
The following dates have been fixed for the purposes of the election:
Close of rolls ... Monday, 24 August 2015
Close of nominations ...Thursday, 27 August 2015
Date of polling … Saturday, 19 September 2015
Return of writs … on or before Wednesday, 25 November 2015
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02:50
There’s nothing you can do that can’t be done ...
Nothing you can sing that can’t be sung ...
Nothing you can say but you can learn how to play the game ...
It’s easy.
All you need is love.
From the magic lens of Mike Bowers.
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02:35
Using the courts to overturn developments is "unfair", says Abbott
One final thing from the Abbott press conference.
The prime minister has another go at the Adani decision, kicked along by George Brandis at the weekend. And it is worth sharing in full, because it could give an indication of where the government is going on this in relation to changing the Environment Protection and Biodiversity Conservation (EPBC) Act.
I don’t want any development, whether it’s a mine or a building or a road, to go ahead if it doesn’t meet the highest environmental standards. But once the tests have been applied, once the tests have been passed, the projects must be able to go ahead, and what we’ve seen is again and again and again new fronts being opened, all of a sudden new issues being raised after the matter has seemingly been resolved. This is just unfair.
It’s absolutely unfair and let’s not forget what’s at stake here. It’s a $21bn investment that will create 10,000 jobs in Queensland and a part of Queensland that has been particularly impacted by the mining downturn, and this mine will provide power to 100m Indians who currently don’t have power and we all know the difference between life with electrical power and life without electrical power.
A decent life by modern standards is almost impossible without access to electrical power. So a very great deal is at stake here and what I want to see is a determination by our country, a commitment by our leadership, not to needlessly stand in the way of investment and jobs. This is a big issue, not just for the government. This should be a big issue for the parliament, ensuring that investment and jobs go ahead. Ensuring that the rules are fair, but they’re also fairly applied.
And at the moment, it seems like there’s never any end to this. All reasonable processes must have a reasonable conclusion and that’s the difficulty at the moment. We’ve got this particular project most notably, but perhaps others as well, that seem to have been subject to a form of legal sabotage.
I’m not for a second saying that people should not be able to exercise their legal right, I’m not for a second criticising the courts. What I am being very critical of is the tactics of some elements of the green movement and their apparent ability to play games and to game the system. That must end.
My colleague Ollie Milman wrote recently that the government was considering a change that would give Hunt immunity from future legal challenges, with Labor’s in-principle support. But no deal has yet been made between the parties.
It appeared that the Coalition and Labor had agreed to retrospective legal immunity measures at the start of last year, only for the legislation to be dropped. The changes would have made the environment minister immune from legal challenges if he or she ignored conservation advice provided by the department.
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Q: Do you recall Dyson Heydon being on your selection panel for the Rhodes scholarship?
That’s a long time ago and the idea that I gather is being peddled that somehow he and I cooked up a a conspiracy 34 years ago against the Labor party is absurd.
I just can’t recall, I’m sorry.
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02:17
Tony Abbott is still not ruling out a referendum as opposed to a plebiscite on same- sex marriage.
It should be a people’s choice. This is something that has been the way it currently is for thousands of year, hundreds of years, it’s a very big decision to make a change like this.
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02:16
Question to Abbott: “You’ve made a conscious decision to be here tackling a quite separate issue this morning, at the very time that Warren Entsch, an MP of yours, is pressing ahead and introducing the same-sex legislation. What should we read from that about your views and your priorities?
Obviously my priority is jobs growth and community safety.
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02:15
Abbott is asked about same-sex marriage and he repeats the “all things to all men and women” formula.
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02:13
Jobs, growth and community safety are the talking points.
Jobs, growth and community safety.
Every day the work of government goes on.
Jobs and investment.
What was the question?
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02:13
Abbott is asked, isn’t ice policing an area for states, given it involves policing?
This is an area where the commonwealth is inevitably involved because whenever these sorts of matters are raised the states usually expect national leadership.
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02:10
The assistant health minister, Fiona Nash, had a few words on the need to tackle the ice scourge.
Tony Abbott then reiterates the announceables in past days, including “dob in a dealer” and another $18m to gather criminal intelligence.
Abbott says that in 2013 in Victoria there were 39 ice-related road fatalities as opposed to 24 alcohol-related road fatalities.
So ice seems to be doing more damage on our roads, killing more people on our roads, than alcohol.
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only front bench present as Warren Entsch presents #SSM bill @cpyne & @TurnbullMalcolm @GuardianAus @gabriellechan pic.twitter.com/FFS4CHdP5J
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02:02
And up comes Michael Keenan, justice minister, and Tony Abbott, prime minister, pushing same- sex marriage supporters off the 24-hour news channels.
Job done.
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02:00
C’est la vie.
Warren Entsch is congratulated after introducing #SSM bill @GuardianAus @gabriellechan #politicslive pic.twitter.com/2JOWWoTxkF
Beautiful pics from Mike Bowers from the chamber.
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01:58
Warren Entsch rejects the notion he has not been “played” on the same-sex marriage bill by his own team.
If we can continue the public debate as we have with the seven of us that have co-sponored the bill ... we will have a far better outcome for it.
He is disappointed the Coalition did not allow a free vote. He remains unsure on the numbers even with a free vote in the conservatives. He would like to see a plebiscite as soon as possible but not around an election.
The nastiness of both sides, the extremes of both sides, tends to come out and we really don’t want that.
He says there is a cost for a plebiscite but if people want a free vote, that is the cost of democracy.
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01:53
See something. Hear something. Say something.
Man with purple gloves now testing the drug. Will let you know if it's ice @AFPmedia #auspil pic.twitter.com/bhvTqxnLc8
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01:52
The Avengers.
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Morrison on Turnbull: "I'm not his keeper, he's not mine".
Lenore Taylor
Lenore Taylor has come up with the Hadley-Morrison:
Macquarie radio’s Ray Hadley gave the social services minister, Scott Morrison, more than the usual serving of free advice when the pair had their weekly chat this morning.
According to Hadley, the Fairfax Ipsos poll, which shows 41% of voters prefer Malcolm Turnbull as Liberal leader over Tony Abbott’s 21%, is actually proof that Turnbull is “unelectable”.
Hadley’s analysis that the Coalition’s election-losing position in the polls (Labor is ahead in two party preferred terms by 54% to 46%) is all because Turnbull has been behaving like a “petulant child”. Things would immediately improve for the Abbott government, according to Hadley, if Turnbull would just “pull his head in”.
Morrison declined to agree or disagree with Hadley, saying of Turnbull:
I’m not his keeper, he’s not mine.”
Morrison, who began the post-party room public cabinet stoush over the way forward on gay marriage with an interview pushing the idea of a constitutional referendum, said he would be “focussed on the things that matter to the Australian people, and that’s jobs”.
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01:36
Warren Entsch concludes:
As I said earlier, marriage equality does bring out very strong emotions right across the spectrum of viewpoints in our society. However, as this issue progresses in the coming months and years, we need to continue to aim for a high standard of dialogue, and to deal with this issue with the respect, patience and dignity it deserves. I commend this bill to the House.
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01:35
Warren Entsch introduces #SSM bill surrounded by cross party support & front benchers @cpyne & @TurnbullMalcolm pic.twitter.com/J5O57zWjX8
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01:33
Warren Entsch is outlining all the people’s stories that have touched him over the years.
I have also received strong support from a retired Anglican bishop who is very aware of the pressures that face young people in the Christian community.
He said: ‘I’ve been a bishop for 30 years, a priest for 60, and of my four sons, two are gay.
‘I’ve been very much aware of the attitude as it’s been over the past 60 years towards homosexuals. Being in the church, I’ve seen such a lot of nonsense put forward in the name of Christianity.”
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01:31
Warren Entsch:
As a young man in rural Queensland, it was quite enlightening as I came to realise that a person’s sexuality is not a lifestyle choice.
I had an experience where a friend of mine transitioned from being male to female.
Her courage in taking this step in the 1970s left a lasting impression on me, while highlighting the futility of the ‘nature v nurture’ argument.
As she herself said to me, ‘There was certainly never a “straighter” family/community than the one I was born into ...
‘For the sake of those families that differ in composition to the prime minister’s ideal, I hope you are successful in your campaign.’
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01:29
Malcolm Turnbull arrives in the chamber.
Entsch continues.
Much of the evolution in our societal norms comes about through greater understanding.
Many aspects of tradition that were seen as ‘usual practice’ 50 or 100 years ago are today clearly unthinkable.
As a progressive society, we need to continue to make appropriate changes to our legislation over time.
We live in a modern society where women and indigenous people have equal right to vote, mixed-race marriages are acceptable and being gay is not something to be ashamed of.
We believe that when it comes to marriage equality, that time is now.
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01:27
Entsch begins thanking all the co-sponsors, including staffers and Rodney Croome. He lays out what the bill does not do as well as what it does do.
It does not establish a hierarchy or ranking system pitting a marriage between a same-sex couple above that of a heterosexual couple or vice versa.
It provides absolute protection of religious freedoms not just in observance of s.116 of the constitution, but because you cannot replace one form of prejudice and discrimination with another.
The main purpose of this bill is not a complex one. It is to give same-sex couples in Australia the same right to marry the person they love as that which is currently only granted by law to heterosexual couples.
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01:24
Marriage legislation amendment bill 2015 presented
Warren Entsch is now presenting the marriage legislation amendment bill 2015 to the house on behalf of his co-sponsors.
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01:23
#firstworldproblems
Scott Morrison has been asked about the Human Rights Commission’s criticism of the government’s attempt to end parents claiming employer and government paid parental leave.
It’s certainly a first world issue, let’s put it that way. It’s a first world issue, and I think that people have more deep concerns about this, and what we’re doing is ensuring our welfare system is well-targeted and focused on those most in need.
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01:14
Things are moving along here.
Broadcaster Ray Hadley has been trying to help leadership aspirant and right hard man Scott Morrison by dumping on putative leadership candidate Malcolm Turnbull.
Ray Hadley has asked Scott Morrison to have a "Chinese dinner" with Malcolm Turnbull tonight to “pull his head in"
I will double back to that once I have sighted the Hadley-Morrison conversation.
In the meantime, Dennis Jensen is going through some delegation reports, ahead of the Entsch bill.
The co-sponsors of that bill will not be put off by the prime minister’s national security photo op. Even if they do have cute police dogs. Because they have announced they will address the media after Warren Entsch’s speech on the bill. The co-sponsors include:
Entsch will not be swayed.
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As the bells ring for the house, and Warren Entsch straightens his tie to take his same-sex marriage bill to the chamber, take note that the national security smokescreen has been released. Tony Abbott will appear at exactly the same time at the Australian federal police headquarters training facility in Canberra.
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A Senate committee led by Labor’s Sam Dastyari dropped a report this morning on multinational tax avoidance, which recommends “naming and shaming” companies and forcing the disclose of all tax avoidance settlements above $100m.
Dastyari says community pressure counts for a lot.
It does two things: it allows consumers and voters to demand action from government and, secondly, these companies do care about their reputations and they do care about their market share and exposing some of the worst practices, I believe, puts a lot more community pressure on these companies and I think it’s the right way to go.
Joe Hockey says it’s not necessary as the government is all over it.
Well, actually the report hasn’t been released, although I note that some media outlets have it which is extraordinary breach of the Senate rules, but we’ll see where that goes.
Secondly, senator Dastyari should be aware that in December, all companies that have a taxable income over $100m have to disclose how much tax they pay in Australia.
Thirdly, in the middle of my budget speech, I actually tabled a draft bill to crack down on multinationals that are not paying their fair share of tax in Australia, and that is being rolled out and in the next sitting fortnight I will introduce that bill, and that’s in partnership with the United Kingdom, but also we are taking a global lead in going after 30 primarily offshore-based companies that are not paying their fair share of tax.
And finally we have more resources allocated in the Australian Taxation Office that has already delivered a dividend of $400m extra tax revenue, going after multinationals and not paying their fair share.
The thing to note, however, is the government is trying to exempt rich individuals because it could “adversely affect the privacy and personal security of the ultimate owners and market environments for private companies”. This was contained in the exposure draft of the legislation.
This would mean that private companies, such as those controlled by the billionaire mining magnate Gina Rinehart, would be exempt from disclosures that were due to be published by the Australian Tax Office the first time later this year. The new rules applied to entities with an annual turnover of more than $100m.
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Just on that Ipsos poll, a quick take from Joe Hockey. He was asked on ABC AM whether he was concerned at the numbers ...
Well, we’ve got to focus on policy, we’ve got to focus on what really matters to 100% of the Australian population, and that is jobs and growth and community security, and that’s exactly what we’re doing. We’re focusing. We’ve got to focus on the things that matter to everyday Australians.
The numbers ring true according to my experience in the past week of Main Street Small Town. My totally unscientific finding is that people are frustrated at what they consider are political “games”. There is a feeling that the voters are working to keep their heads above water while pollies are working the system to their own personal and party advantage. That is, Australia continues on in spite of government rather than because of it.
On same-sex marriage, in my very conservative electorate, most people I talk to actually don’t care. There is a small group who are opposed but most just want government to “get on with it” and allow same-sex marriage in order to move on.
Or “focus on the things that matter”, as Hockey would say.
Ipsos also confirmed the increasing support for same-sex marriage in the electorate: 69 in favour, 25 against.
Like I said, lumbering on in spite of government rather than because of it.
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23:54
The same-sex marriage bill will come into the house at 10am as soon as it sits. The plebiscite/referendum will be discussed in cabinet though we are still trying to confirm whether a definite proposal will be put.
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23:51
Now back to George Brandis, he of the striped jumper. He was on Sky at the weekend, bollocking “vigilante” environmentalists such as those who challenged the federal government’s Adani Carmichael coalmine. Brandis told Sky the “people who challenged this are people who are determined to wipe out Queensland’s biggest industry, the coal industry’’.
I think the Adani case has shown why it’s very important that the courts not be used as a forum for vigilante litigation by people whose aim is to game the system, who have no legitimate interest other than to prosecute a political vendetta against development and bring massive developments, on which in this case some 2600 jobs depended, to a standstill.
He wants changes to the Environment Protection and Biodiversity Conservation Act to stop game playing.
And no government can stand in the way – can sit idly by and let people do that.
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23:37
Laura Tingle has written a short but scathing analysis to go with the Ipsos polling. She says the nervousness in the Coalition ranks stems from the increasing standing of Bill Shorten, who was long considered unelectable by the government. The Coalition has had a kind of “she’ll be right” attitude because no one would ever vote for Bill. At this point in the cycle, Shorten leads as preferred prime minster 45 to 39.
Here is Tingle:
Maybe things have got so bad that voters have actually started to reassess Labor and its leader.
Royal commission aside, Labor has begun to construct more of a persona for itself than it previously had. Its push to put renewable energy at the centre of its climate-change strategy, to resolve asylum seeker policy and to (miraculously) end up on the right side of the same-sex marriage debate gives it more room to talk than it has had for months.
At the same time, the prime minister has been painting himself into a corner. He has closed down so many debates on the first-order issues that matter to voters around the economy and jobs – and now has so little room for manoeuvre that it is difficult to see how he extracts himself.
The Coalition party room choked at the idea of removing a first-term prime minister in February because they did not want to repeat Labor’s mistakes. MPs have believed that voters would not thank them for that uncertainty.
But that was before things became wild and erratic even without a change of leader.
Tingle loops back to more recent history, when the state of a government (Labor) led the public to consider a formerly unelectable leader. The prime minister. Our Tony.
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23:25
Warren Entsch has acknowledged his bill has Buckley’s and none. He told the ABC he would vote for his bill – which would necessitate crossing the floor – but it will not come to that.
A co-sponsor, Teresa Gambaro, is batting on though, with an opinion piece at SBS on her reasoning for backing the bill.
After this [2013] election, I surveyed my electorate and found 70% of respondents were in favour of same-sex marriage. During the 2013 federal election campaign, many people wanted to know what my conscience vote would be on the issue of same-sex marriage.
At that time, the prime minister also gave an undertaking that any vote on same-sex marriage would come before the Coalition party room for consideration in this term of parliament.
I must admit to being reluctant to “come out” on this issue, but I was very disappointed by the shamelessly divisive way in which many people had sought to exploit the issue for political gain during that campaign.
At that time, like now, I also had many people seek to advise me on the basis of what was either a politically expedient or so-called acceptable position to take.
My response to that advice now is as it was then: I will not be bullied into one position or another and I believe in representing people properly, not using them for a political purpose.
Trickiness will not be tolerated.
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23:12
Good morning,
A rainbow sky dawned this morning on the long and winding road into the nation’s capital. Is it a sign?
Tony Abbott awoke to a Fairfax-Ipsos poll which has the Coalition’s primary support down to 38%, just 2% above Labor with the Greens steady on 16%. Just to give you an idea of the changing terrain, the Coalition polled 46% at the last election. The numbers leave the two-party preferred vote at 54-46 to Labor after a nightmare fortnight for the government, adorned as it was by:
The noted supporter of same-sex marriage Malcolm Turnbull still leads as preferred Liberal leader and prime minister among all voters on 41%. Julie Bishop is on 23% and Abbott is on just 15%.
But bear in mind Coalition voters still support Abbott (33%) compared with Turnbull on 25% and Bishop on 23%.
Speaking of same-sex marriage, that rainbow sky heralds the introduction of the bill, driven by the government MP Warren Entsch with colleague Teresa Gambaro and Labor’s Terri Butler. But after the aforementioned marathon debate, the bill will not go to a vote, given the party room’s decision. It will be flicked straight to a committee.
There is so much more around this morning, including some interesting commentary, attorney general George Brandis’s helpful remarks about the courts and Adani and the race to claim ownership of a multinational tax crackdown. I promise to explain.
Stick with us for the Monday’s events because after last week, no one is game to make predictions as to how it will end. Have a chat below or with @mpbowers and @gabriellechan on the Twits.
