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Senate passes tax avoidance bill targeting multinationals – as it happened
Senate passes tax avoidance bill targeting multinationals – as it happened
(2 months later)
6.06pm AEST07:06
7.06am GMT
07:06
Night time politics
Night time politics
Tomorrow is the last sitting day of the week, before a week’s break. Thanks so much to Shalailah Medhora, Daniel Hurst, Lenore Taylor and Mike Bowers. We did not see as much of Bowers today as he was out on royal watch but he will be back in the house tomorrow.
Tomorrow is the last sitting day of the week, before a week’s break. Thanks so much to Shalailah Medhora, Daniel Hurst, Lenore Taylor and Mike Bowers. We did not see as much of Bowers today as he was out on royal watch but he will be back in the house tomorrow.
Thanks for your company and conversation.
Thanks for your company and conversation.
Good night.
Good night.
5.51pm AEST06:51
6.51am GMT
06:51
The senate is now looking at the government’s foreign acquisitions and takeovers legislation amendments.
The senate is now looking at the government’s foreign acquisitions and takeovers legislation amendments.
These bills relate to rules applying to foreign investors, including foreign government investors and lower the thresholds for investments in agricultural land.
These bills relate to rules applying to foreign investors, including foreign government investors and lower the thresholds for investments in agricultural land.
Labor wants to amend the bill to scrap requirements for Foreign Investment Review Board (Firb) screening of agribusiness investments worth more than $55 million.
Labor wants to amend the bill to scrap requirements for Foreign Investment Review Board (Firb) screening of agribusiness investments worth more than $55 million.
They will also amend the bill to increase the Firb screening threshold for investment in agricultural land from the government’s proposed $15 million (cumulative) to $50 million (non-cumulative).
They will also amend the bill to increase the Firb screening threshold for investment in agricultural land from the government’s proposed $15 million (cumulative) to $50 million (non-cumulative).
Under the Coalition proposal, United States, United Kingdom and Chile would have agriculture land and investment thresholds of $1.094bn.
Under the Coalition proposal, United States, United Kingdom and Chile would have agriculture land and investment thresholds of $1.094bn.
Singapore and Thailand would have an ag land threshold of $50m and $55m for agribusiness.
Singapore and Thailand would have an ag land threshold of $50m and $55m for agribusiness.
Japan, Korea, China and the rest of the world would have an ag land threshold of $15m (cumulative) and $55m for agribusiness.
Japan, Korea, China and the rest of the world would have an ag land threshold of $15m (cumulative) and $55m for agribusiness.
5.18pm AEST06:18
6.18am GMT
06:18
Shalailah Medhora has pointed me to a story she did a few months ago which has some interesting figures regarding the multinational tax avoidance.
Shalailah Medhora has pointed me to a story she did a few months ago which has some interesting figures regarding the multinational tax avoidance.
The kidnapping issue was discussed in a senate hearing and the federal police told the senators that they had never been approached by the tax office over kidnapping fears in relation to publication of tax details.
The kidnapping issue was discussed in a senate hearing and the federal police told the senators that they had never been approached by the tax office over kidnapping fears in relation to publication of tax details.
This maybe because all the details are available through an Australian Securities and Investment Commission search for $38. The balance sheets will just not be added together in the same way as it will under the proposed bill.
This maybe because all the details are available through an Australian Securities and Investment Commission search for $38. The balance sheets will just not be added together in the same way as it will under the proposed bill.
But the other thing that the Australian Tax Office revealed in the hearing was that one in five privately held companies with a revenue greater than $100m did not pay any tax in 2014.
But the other thing that the Australian Tax Office revealed in the hearing was that one in five privately held companies with a revenue greater than $100m did not pay any tax in 2014.
The reasons including companies having different profit cycles and investment initiatives that resulted in them making no profit and therefore being ineligible for paying tax.
The reasons including companies having different profit cycles and investment initiatives that resulted in them making no profit and therefore being ineligible for paying tax.
5.03pm AEST06:03
6.03am GMT
06:03
Coalition's Hobson's choice on multinational tax avoidance
Coalition's Hobson's choice on multinational tax avoidance
So now the government faces Hobson’s choice on multinational tax avoidance. The general thrust of the original bill was a great thing, tightening the rules for multinational companies to ensure they don’t skip paying Australian tax. But by making the exemption for wealthy private companies (earning more than $100m a year), it created weakness in the legislation which has now been exploited by their opposition.
So now the government faces Hobson’s choice on multinational tax avoidance. The general thrust of the original bill was a great thing, tightening the rules for multinational companies to ensure they don’t skip paying Australian tax. But by making the exemption for wealthy private companies (earning more than $100m a year), it created weakness in the legislation which has now been exploited by their opposition.
When the bill goes to the lower house, which it must, the government must either drop the bill altogether, thereby letting multinationals off the hook on tax - or accept the amendments which make private companies publish details. Labor did include a provision which allows private companies to opt out if they put their case to the tax commissioner. For example, on the grounds of market changes or sales etc.
When the bill goes to the lower house, which it must, the government must either drop the bill altogether, thereby letting multinationals off the hook on tax - or accept the amendments which make private companies publish details. Labor did include a provision which allows private companies to opt out if they put their case to the tax commissioner. For example, on the grounds of market changes or sales etc.
Greens senator Peter Whish-Wilson moved this and Sam Dastyari followed up, with Nick Xenophon. They were supported by Lambie and Lazarus. They needed one more. John Madigan abstained. Then Ricky Muir came in, headed for the government benches but then turned toward Greens/Labor with dramatic flourish. Muir is now confident enough to make senate LOLs.
Greens senator Peter Whish-Wilson moved this and Sam Dastyari followed up, with Nick Xenophon. They were supported by Lambie and Lazarus. They needed one more. John Madigan abstained. Then Ricky Muir came in, headed for the government benches but then turned toward Greens/Labor with dramatic flourish. Muir is now confident enough to make senate LOLs.
4.39pm AEST05:39
5.39am GMT
05:39
The Greens/Labor/Xenophon multinational tax avoidance amendment passes the senate with support of Ricky Muir, Glenn Lazarus and Jacqui Lambie.
The Greens/Labor/Xenophon multinational tax avoidance amendment passes the senate with support of Ricky Muir, Glenn Lazarus and Jacqui Lambie.
It still needs to pass the house.
It still needs to pass the house.
Updated at 4.40pm AEST
Updated
4.34pm AEST05:34
at 5.40am GMT
5.34am GMT
05:34
Back to the senate.
Back to the senate.
Nick Xenophon is supporting the most recent changes to the multinational tax avoidance bill, which would overturn the provisions to protect large private companies from publishing tax details.
Nick Xenophon is supporting the most recent changes to the multinational tax avoidance bill, which would overturn the provisions to protect large private companies from publishing tax details.
So the Greens, Labor and Xenophon voting for the amendment. A division is called and we shall see who else comes out.
So the Greens, Labor and Xenophon voting for the amendment. A division is called and we shall see who else comes out.
4.30pm AEST05:30
5.30am GMT
05:30
Daniel Hurst
Daniel Hurst
The government has agreed to continue briefing Labor on the amendments to the citizenship legislation, so the parliamentary debate is not likely to resume until tomorrow. The latest meeting was due to begin a short time ago.
The government has agreed to continue briefing Labor on the amendments to the citizenship legislation, so the parliamentary debate is not likely to resume until tomorrow. The latest meeting was due to begin a short time ago.
As I reported earlier, Labor had called for a delay in the parliamentary debate on the citizenship revocation laws, arguing it was being put in the “impossible position” of having to discuss the bill in the chamber today before it had been fully briefed.
As I reported earlier, Labor had called for a delay in the parliamentary debate on the citizenship revocation laws, arguing it was being put in the “impossible position” of having to discuss the bill in the chamber today before it had been fully briefed.
The government rejects any suggestion it has rushed the process, saying multiple briefings about the citizenship proposals have been held over the course of the year.
The government rejects any suggestion it has rushed the process, saying multiple briefings about the citizenship proposals have been held over the course of the year.
But the 13 pages of amendments to the original bill (to reflect the bipartisan security committee’s recommendations) were released only yesterday, after they were signed off by the Coalition party room, and the government offered Labor’s immigration spokesman, Richard Marles, a briefing on Tuesday.
But the 13 pages of amendments to the original bill (to reflect the bipartisan security committee’s recommendations) were released only yesterday, after they were signed off by the Coalition party room, and the government offered Labor’s immigration spokesman, Richard Marles, a briefing on Tuesday.
Marles, wrote to the minister, Peter Dutton, earlier today saying that briefing lasted only 35 minutes and he had only had the chance at that meeting to explore 12 of the 27 recommendations. He also wanted the shadow, attorney general, Mark Dreyfus, to attend the next briefing. Both were expected to go to the subsequent briefing, scheduled for 4.10pm.
Marles, wrote to the minister, Peter Dutton, earlier today saying that briefing lasted only 35 minutes and he had only had the chance at that meeting to explore 12 of the 27 recommendations. He also wanted the shadow, attorney general, Mark Dreyfus, to attend the next briefing. Both were expected to go to the subsequent briefing, scheduled for 4.10pm.
Marles has emphasised that Labor is simply checking that the amendments to the bill give “proper legislative expression” to the committee’s recommendations. It’s unclear whether there’s anything in the detail on which Labor is now having second thoughts.More details about the tussle in my earlier story.
Marles has emphasised that Labor is simply checking that the amendments to the bill give “proper legislative expression” to the committee’s recommendations. It’s unclear whether there’s anything in the detail on which Labor is now having second thoughts.More details about the tussle in my earlier story.
4.27pm AEST05:27
5.27am GMT
05:27
Helen Davidson reports the high court’s decision to uphold the Northern Territory’s controversial paperless arrest laws could result in more Indigenous deaths in custody, federal senator Nova Peris fears.
Helen Davidson reports the high court’s decision to uphold the Northern Territory’s controversial paperless arrest laws could result in more Indigenous deaths in custody, federal senator Nova Peris fears.
4.23pm AEST05:23
5.23am GMT
05:23
Hello. There is a new amendment to the multinational tax avoidance bill, agreed to by Greens, Labor and some of the crossbenchers.
Hello. There is a new amendment to the multinational tax avoidance bill, agreed to by Greens, Labor and some of the crossbenchers.
A fix maybe in.
A fix maybe in.
4.20pm AEST05:20
5.20am GMT
05:20
The senate is now back on the multinational tax avoidance bill - and specifically the Greens amendment to publish tax details of private companies which earn more than $100m. (see post 10.01am)
The senate is now back on the multinational tax avoidance bill - and specifically the Greens amendment to publish tax details of private companies which earn more than $100m. (see post 10.01am)
Labor senator Sam Dastyari and Greens senator Peter Whish-Wilson are playing tag team to extract information on why the government is shielding wealthy private companies from tax rules which would be applied to other large companies.
Labor senator Sam Dastyari and Greens senator Peter Whish-Wilson are playing tag team to extract information on why the government is shielding wealthy private companies from tax rules which would be applied to other large companies.
The fifth minister is now answering questions on this bill as the finance minister Mathias Cormann not in the senate.
The fifth minister is now answering questions on this bill as the finance minister Mathias Cormann not in the senate.
New minister, Queensland LNP senator James McGrath says the government will not make large private companies disclose their tax details because it would “impose greater red tape on business”.
New minister, Queensland LNP senator James McGrath says the government will not make large private companies disclose their tax details because it would “impose greater red tape on business”.
4.05pm AEST05:05
5.05am GMT
05:05
The senate has passed a motion to urge the government to return to 100% recycled paper in government departments and agencies.
The senate has passed a motion to urge the government to return to 100% recycled paper in government departments and agencies.
In July, the government withdrew a commitment to supply 100% recycled paper to government departments, as outlined in the Australian Government ICT Sustainability Plan 2010-2015.
In July, the government withdrew a commitment to supply 100% recycled paper to government departments, as outlined in the Australian Government ICT Sustainability Plan 2010-2015.
Greens senator Janet Rice said Australian industry groups supported the move.
Greens senator Janet Rice said Australian industry groups supported the move.
While the motion succeeded, it does not compel the government.
While the motion succeeded, it does not compel the government.
3.58pm AEST04:58
4.58am GMT
04:58
Malcolm Turnbull is off tonight on his first overseas trip as PM. The wonderful Murpharoo is in the luggage and she has prepared this report.
Malcolm Turnbull is off tonight on his first overseas trip as PM. The wonderful Murpharoo is in the luggage and she has prepared this report.
Trade and economic ties are expected to be the focus of Malcolm Turnbull’s first visit to Jakarta as prime minister on Thursday.
Trade and economic ties are expected to be the focus of Malcolm Turnbull’s first visit to Jakarta as prime minister on Thursday.
The prime minister will miss the final sitting day of parliament to hold the first face-to-face meeting with the Indonesia president, Joko Widodo, since the execution by firing squad in April of the Bali Nine duo, Andrew Chan and Myuran Sukumaran.
The prime minister will miss the final sitting day of parliament to hold the first face-to-face meeting with the Indonesia president, Joko Widodo, since the execution by firing squad in April of the Bali Nine duo, Andrew Chan and Myuran Sukumaran.
3.15pm AEST04:15
4.15am GMT
04:15
With a final Dixer on private health insurance, question time is over.
With a final Dixer on private health insurance, question time is over.
Now the prime minister heads off to government house to meet with Prince Charles and Camilla.
Now the prime minister heads off to government house to meet with Prince Charles and Camilla.
3.13pm AEST04:13
4.13am GMT
3.09pm AEST04:09
04:13
4.09am GMT
04:09
Jenny Macklin asks Christian Porter a question about a grandparent carer who has written to her.
Jenny Macklin asks Christian Porter a question about a grandparent carer who has written to her.
Rita writes: “I feel highly insulted by the condescending attitude of the minister for social services.” Rita will be 78 when her granddaughter turns 13 when she will face cuts to family benefits. She writes, “I do not wish to complain as I love having this little girl in my life, but how could anyone possibly think an employer would take me on.
Rita writes: “I feel highly insulted by the condescending attitude of the minister for social services.” Rita will be 78 when her granddaughter turns 13 when she will face cuts to family benefits. She writes, “I do not wish to complain as I love having this little girl in my life, but how could anyone possibly think an employer would take me on.
Porter wants to know what savings Labor will make to rein in expenditure.
Porter wants to know what savings Labor will make to rein in expenditure.
3.04pm AEST04:04
4.04am GMT
04:04
Liberal Reid MP Craig Laundy asks Malcolm Turnbull about the friendship between Australia and Turkey and the upcoming G20.
Liberal Reid MP Craig Laundy asks Malcolm Turnbull about the friendship between Australia and Turkey and the upcoming G20.
3.02pm AEST04:02
4.02am GMT
04:02
Labor’s Jenny Macklin asks social services minister Christian Porter: Michelle writes, “I work full-time and I’m a single parent of a10-year-old and a 17-year-old. Your cuts will hit families like mine and it is offensive to hear you selling the families package by demeaning recipients of these tax benefits as being unwilling to work.” Why does the minister think it’s fair to take thousands of dollars from the pockets of families like Michelle’s?
Labor’s Jenny Macklin asks social services minister Christian Porter: Michelle writes, “I work full-time and I’m a single parent of a10-year-old and a 17-year-old. Your cuts will hit families like mine and it is offensive to hear you selling the families package by demeaning recipients of these tax benefits as being unwilling to work.” Why does the minister think it’s fair to take thousands of dollars from the pockets of families like Michelle’s?
Porter suggests it’s a bit rich, given “she removed 77,000 single mothers from parenting payments who were previously grandfathered, those single mothers lost $150 a fortnight, $4,000 a year.
Porter suggests it’s a bit rich, given “she removed 77,000 single mothers from parenting payments who were previously grandfathered, those single mothers lost $150 a fortnight, $4,000 a year.
2.57pm AEST03:57
3.57am GMT
03:57
Talk to the hand.
Talk to the hand.
2.55pm AEST03:55
3.55am GMT
2.54pm AEST03:54
03:55
3.54am GMT
03:54
Tony Burke asks if the tweet in the previous post means that Sarah Henderson is no longer asking a question without notice?
Tony Burke asks if the tweet in the previous post means that Sarah Henderson is no longer asking a question without notice?
Speaker says the standing orders remain unchanged. And calls Henderson to ask her question.
Speaker says the standing orders remain unchanged. And calls Henderson to ask her question.
Labor’s Ed Husic is thrown out of the chamber.
Labor’s Ed Husic is thrown out of the chamber.
2.52pm AEST03:52
3.52am GMT
03:52
About to ask question in Parliament on what's been done to urgently fix TV reception in #ApolloBay and Skenes Creek. #auspol @LiberalAus
About to ask question in Parliament on what's been done to urgently fix TV reception in #ApolloBay and Skenes Creek. #auspol @LiberalAus
2.50pm AEST03:50
3.50am GMT
03:50
Bowen asks Morrison: The treasurer previously described compensation for the carbon price as, “a money go-around, basically they tax it all and then they hand it back out”. Can the treasurer explain what will happen when the government jacks up the GST?
Bowen asks Morrison: The treasurer previously described compensation for the carbon price as, “a money go-around, basically they tax it all and then they hand it back out”. Can the treasurer explain what will happen when the government jacks up the GST?
Once again the opposition has been asking questions that are hypothetical. What the government is engaged in is an adult conversation with the Australian people...
Once again the opposition has been asking questions that are hypothetical. What the government is engaged in is an adult conversation with the Australian people...
2.47pm AEST03:47
3.47am GMT
2.46pm AEST03:46
03:47
3.46am GMT
03:46
Canning Andrew Hastie asks foreign minister Julie Bishop to update Australia’s defence commitments on remembrance day. A total of 2200 defence force members are currently deployed around the world, she says.
Canning Andrew Hastie asks foreign minister Julie Bishop to update Australia’s defence commitments on remembrance day. A total of 2200 defence force members are currently deployed around the world, she says.
2.44pm AEST03:44
3.44am GMT
03:44
Labor asks Turnbull: The Liberal government already has plans for $100,000 degrees, so will the PM rule out increasing the cost of going to university even more by applying a 15% GST to education?
Labor asks Turnbull: The Liberal government already has plans for $100,000 degrees, so will the PM rule out increasing the cost of going to university even more by applying a 15% GST to education?
Turnbull flicks the question to Morrison, who essentially says there is no GST on education before going on to add up Labor’s promises.
Turnbull flicks the question to Morrison, who essentially says there is no GST on education before going on to add up Labor’s promises.
They have learnt nothing while in opposition about their sins in government.
They have learnt nothing while in opposition about their sins in government.
2.41pm AEST03:41
3.41am GMT
03:41
Energy minister Josh Frydenberg is asked about the $5 billion Northern Australia infrastructure facility under the northern Australia policy.
Energy minister Josh Frydenberg is asked about the $5 billion Northern Australia infrastructure facility under the northern Australia policy.
The key criteria is this needs to support economic infrastructure with a public benefit which has multiple users. This is not about crowding out the private sector. Its about a partnership with the private sector and with State and Territory governments, and the Commonwealth will commit up to 50% of the project’s debt and there will be a commercial disciplines imposed on the recipients.
The key criteria is this needs to support economic infrastructure with a public benefit which has multiple users. This is not about crowding out the private sector. Its about a partnership with the private sector and with State and Territory governments, and the Commonwealth will commit up to 50% of the project’s debt and there will be a commercial disciplines imposed on the recipients.
2.36pm AEST03:36
3.36am GMT
03:36
There is a Dixer to trade minister Andrew Robb on trade agreements.
There is a Dixer to trade minister Andrew Robb on trade agreements.
Then Labor’s Catherine King asks Turnbull to rule out increasing the cost of medications for pensioners by applying a 15% GST to health.
Then Labor’s Catherine King asks Turnbull to rule out increasing the cost of medications for pensioners by applying a 15% GST to health.
Turnbull delivers the same formulations, King interjects and shouts from the dispatch box after the Speaker asks her to sit down. She is tossed out of QT.
Turnbull delivers the same formulations, King interjects and shouts from the dispatch box after the Speaker asks her to sit down. She is tossed out of QT.
2.34pm AEST03:34
3.34am GMT
03:34
Clive Palmer asks Turnbull if he would act on housing affordability through capital gains tax exemptions or tax deductible repayments to create jobs and greater economic activity.
Clive Palmer asks Turnbull if he would act on housing affordability through capital gains tax exemptions or tax deductible repayments to create jobs and greater economic activity.
Turnbull says his understanding of the policy concept was an alternative “where by interest payments were tax deductible, but the sale of the house would be assessable to capital gains tax in the normal way as if it were any normal asset.”
Turnbull says his understanding of the policy concept was an alternative “where by interest payments were tax deductible, but the sale of the house would be assessable to capital gains tax in the normal way as if it were any normal asset.”
He says it could be considered but he was not in a position to say yay or nay.
He says it could be considered but he was not in a position to say yay or nay.
2.28pm AEST03:28
3.28am GMT
03:28
There is a Dixer to the treasurer.
There is a Dixer to the treasurer.
Then Tanya Plibersek to Turnbull: PM, if the GST was jacked up to 15% and extended to fresh food, what would the price impact be on the average grocery bill?
Then Tanya Plibersek to Turnbull: PM, if the GST was jacked up to 15% and extended to fresh food, what would the price impact be on the average grocery bill?
The problem with a consumption tax is that it applies to everybody,r egardless of income. So, if the person on a very modest income goes to buy a bag of groceries, they pay the same amount as a wealthy person in GST, who buys the same bag. So that’s the point...So fairness is key of the it is an absolutely essential design element.
The problem with a consumption tax is that it applies to everybody,r egardless of income. So, if the person on a very modest income goes to buy a bag of groceries, they pay the same amount as a wealthy person in GST, who buys the same bag. So that’s the point...So fairness is key of the it is an absolutely essential design element.
2.22pm AEST03:22
The farmers have been in town and Albo has been cooking.
@AlboMP with his cooking skills on display @ #APHFarmersMarket pic.twitter.com/n73ngfiTpB
2.21pm AEST03:21
Shorten asks Turnbull to rule out the GST, in the interested of concerned families.
It is very important, very important, as you get older, as you get older and you move from job to job in this place to learn something, and I tell you the rule-rule out politics - that’s yesterday.
2.16pm AEST03:16
Someone in the PMO has a sense of humour. They have given Tony Abbott supporter Andrew Nikolic a Dixer question about strong leadership. He has a face like a dropped pie as he delivers this:
My question is also to the PM. Will the PM outline to the house the importance of strong leadership in generating jobs, growth and confidence, what action is the government taking to secure our prosperity?
2.14pm AEST03:14
Shorten asks Turnbull what prices will increase with the rise of the GST.
Yet again it’s sort of groundhog day in the House of Representatives as far as the opposition is concerned – the same – the opposition continues to assert that the government has a policy which it does not have.
He manages to get in the words agile, enterprising and resilient.
Updated at 2.18pm AEST
2.04pm AEST03:04
First up is a statement on indulgence for Remembrance Day from Malcolm Turnbull and Bill Shorten.
Updated at 2.14pm AEST
1.35pm AEST02:35
Lunchtime politics before anything else happens
1.21pm AEST02:21
I’m looking for a collective verb for crossbenchers.
Bob Katter, Andrew Wilkie, Nick Xenophon and Bob Katter and speaking against any rise in the GST.
Their message is any move would be lazy and slug the poorest and most vulnerable in the community.
Updated at 1.26pm AEST
1.19pm AEST02:19
Malcolm Turnbull was also asked about his earlier views on the governor general, the Queen and the prospect of King Charles.
We all say things we regret when we’re 21 but do you still think the governor-general is “an unelected ribbon cutter” and did this [dismissal event form your views on an Australian republic?
Well, I think I was always a republican, but you know, at the age of 61, one tends to express yourself a little bit more perhaps prudently or moderately than you do at 21. But nonetheless, it was interesting. It’s interesting as a young person writing about it as very much a baby journalist at the time... on one of the things I said at the time was that I thought that the sacking of Whitlam by Kerr would actually help the Labor Party in the election and of course that was my opinion then. Clearly wrong.
Laurie Oakes asked him how he would feel about the prospect of Prince Charles becoming the Australian head of state given his earlier views.
The Queen is the head of state, Prince Charles is our heir and our constitution as you know says that the Queen, in effect our head of state, is whoever happens to be the King or Queen of the United Kingdom so if Charles become the King of the United Kingdom as I have no doubt he will be, unless our constitution has been changed, he will become the King of Australia.
1.11pm AEST02:11
There is interesting moves afoot on citizenship. As reported earlier, the government briefed Labor on the citizenship legislation just last night. The Coalition wants a debate today and a vote in the house tomorrow.
Labor want to ensure that the legislation reflects the recommendations of the PJCIS report - also mentioned earlier. But Labor has only been briefed on 12 of the 27 new amendments to the citizenship legislation which strips dual nationals of Australian citizenship.
So Labor is resisting the government’s program to bring on debate until they have been fully briefed on the implications of the legislation while the government, through immigration minister Peter Dutton, is pushing back - insisting it must happen.
We still don’t know if the debate will go ahead this afternoon after question time.
Also at issue is whether the legislation is constitutional.
In a short doorstop, Malcolm Turnbull said he was:
confident the legislation would withstand a high court challenge but only time will tell.
12.49pm AEST01:49
But here is a counterpoint between Malcolm now and Malcolm then.
He has just said this today about the outcome of the dismissal.
What should always be remembered and respected is that Australia survived this incendiary political crisis without civil unrest much less violence. The basic fabric of national unity, the support of parliament and the law, remained strong. Ultimately, in 1975 the electorate, the people, had the opportunity to declare their verdict and they did so most emphatically in the best way we have for deciding such matters, through a free vote....ultimately the Australian people voted on the question of economic management. That’s what they voted on. They didn’t vote on the question of the vice regal crisis or the constitutional crisis, they voted to tip out the Whitlam Government because they felt they were mismanaging Australia’s economy.
Here is what Malcolm said in the Nation Review in 1975:
Unless Australians are unusually confident in vice regal wisdom it is likely that the dismissal will provide even more support for the Labor party.
The election was a landslide win for Malcolm Fraser.
12.41pm AEST01:41
Turnbull says Sir John Kerr should have given Whitlam notice.
Lucky the quick thinking Daniel Hurst gave me the previous post as Turnbull has just started speaking on the dismissal.
For what it’s worth, I believe then and I still do that Sir John should have given Whitlam notice of his intentions. His justification that if he had, which he gave to me some years later and he’s written himself that if he had done so he feared that Whitlam would sack him first, I don’t think is an adequate justification for that failure of notice. Nonetheless, it’s 40 years away, it’s history, everyone’s entitled to a view.
Updated at 12.41pm AEST
12.36pm AEST01:36
Turnbull: Kerr condemned himself to an eternity in the history books portrayed as a villain. (Circa 1975)
Daniel Hurst
Malcolm Turnbull has previously argued that former governor general John Kerr, by his actions, had “condemned himself to an eternity in the history books portrayed as a villain” and elevated Whitlam to the status of a political martyr.
In an article in the Nation Review, published a few days after the dismissal, Turnbull said Kerr’s decision was not an act of last resort.
Sir John Kerr, like Sir Philip Game, has shown that we cannot allow so much power to be vested in an unelected official who spends most of his days attending dinners. Not even the US president can dissolve congress,” the then journalist wrote in November 1975.
Once again, can this unelected ribbon cutter be permitted to act on the advice of people other than the elected government? Clearly if we are to persist with the office of governor general his ability to consult those other than the ministry must also be abolished by amendments to the royal instructions.”
The governor general’s other options, he wrote, included publicly asking the Senate to pass the supply bills, a plea that could have “swung the waverers” in the upper house. While such an act would have involved Kerr “stepping right into the centre of the political arena”, this would have been less of a public intervention than dismissing the prime minister, Turnbull said.
Turnbull argued another option was to tell Whitlam that there had to be an election and give him the choice of going into it as prime minister or leader of the opposition.
12.19pm AEST01:19
Like ships in the night.
12.17pm AEST01:17
Shalailah Medhora
Bipartisanship seems to be the main issue of the day, with the former prime minister, Kevin Rudd, urging both major parties to work together to achieve constitutional recognition for Indigenous people.
Australia risks engaging in an ugly “political bunfight” with a “divisive” no campaign if a referendum to recognise Australia’s first peoples in the constitution does not secure bipartisan support, he will say at a reconciliation speech to be delivered the Australian National University on Wednesday night.
The no campaign for the referendum, he will warn, will be “ugly” and pull no punches.
The race demon has not yet been fully exorcised or expunged from our national soul. The world would conclude that the ghosts of White Australia had somehow returned in a different form.
Rudd delivered an official apology to members of the Stolen Generation in Parliament in 2008, shortly after winning office.
12.14pm AEST01:14
Coming up, Malcolm Turnbull will launch Paul Kelly and Troy Bramston’s book The Dismissal at 12.30pm.
Updated at 12.14pm AEST
12.08pm AEST01:08
Ok the senate is back on now and we are going back to the tax laws amendment. If you are into the deep detail, Michael West at Fairfax has done a very interesting analysis/comment which is worth a look to see how the pieces of legislation fit together.
An opposition amendment has just appeared on the parliamentary website - separate to the Greens amendment. The opposition amendment says:
The Commissioner may determine that subsection (2) does not apply in relation to an entity if the Commissioner is satisfied that to make the information publicly available may be significantly prejudicial to any of the entity’s current or future commercial negotiations.
In other words, they are trying to change the “kidnap” part of the bill which allows wealthy private companies to apply to the tax commissioner for exemption from being forced to publish their tax details.
This would be a compromise so that private companies earning more than $100m could apply to the commissioner if there was case for their details not to be published.
Will it be passed? Stick with us.
11.52am AEST00:52
Our heritage picture correspondent @MattGlassDarkly is wondering...
@gabriellechan What I'd really like to know is - what's it like to be a biscuit tin? @mpbowers pic.twitter.com/FC5mvzYQ1d
11.47am AEST00:47
So handy to get together and talk strategy.
Ex PM's club Kevin Rudd talks to Tony Abbott #RemembranceDay2015 @GuardianAus @gabriellechan #politicslive pic.twitter.com/zIdCmNPyDu
Updated at 11.48am AEST
11.47am AEST00:47
Just got off the phone with Philip Ruddock's office. And no, he's not retiring #auspol
11.43am AEST00:43
Two old friends - Brendan Nelson and Malcolm Turnbull - get together.
11.31am AEST00:31
11.25am AEST00:25
His parents will be proud.
Updated at 1.44pm AEST
11.23am AEST00:23
Got to love school kids. Via Mike Bowers.
Updated at 2.11pm AEST
11.22am AEST00:22
From Mr Mike Bowers.
Updated at 2.12pm AEST
11.21am AEST00:21
Nat, Lib, Indie.
#RemembranceDay2015 with @Wyatt_MP & Kevin Hogan MP many gathered to pay respects to fallen @AWMemorial pic.twitter.com/mC4tdoQobx
11.19am AEST00:19
My money is on preselection and/or whether the “father of the house” will go around again.
Dear All, I will be making an importance announcement later today via twitter. #auspol Philip
11.18am AEST00:18
Dignitaries are laying wreaths at the war memorial.
11.17am AEST00:17
As the previous news breaks, the Indigenous author and historian Dr Jackie Huggins is addressing the crowd at the Remembrance Day service, talking about her family’s long history of war service. Her grandfather, John Huggins, served in the first world war and her father in the second. Her father, also John Huggins, was a prisoner of war but survived. He died aged 38 of complications of his war injuries.
When my father returned to civilian life, he did not experience the invisibility and exclusion dished out to many other Aboriginal service people. Aboriginal and Torres Strait Islander veterans were often denied the honour and rights given to other veterans such as soldier settlement land grants. Many were refused membership, even entrance to RSL clubs. As a prominent member of a local community, my father was welcomed at the Eyre RSL club where he enjoyed a drink or two. He sought comfort in the PoW association.
My father and grandfather, along with many other Indigenous men and women, served our nation in war. Yet the dispossession beginning in 1788 had destroyed their ancient civilisation. However, their abiding loyalty to this country we all call home rose above the deep bitterness of the past. These men and women forged new identities that challenged the haunting devastations brought by widespread, violent, colonial brutality and heralded a new and different future for us all.
Updated at 2.12pm AEST
11.08am AEST00:08
Helen Davidson reports that a challenge by Northern Australian Aboriginal Justice Agency to the Northern Territory paperless arrest laws has failed.
The high court has upheld the Northern Territory’s controversial paperless arrest laws, which allow police to detain people without charge for minor offences, and which have been linked to at least one death in custody.
Under the scheme police could arrest someone if they suspected that person had committed or would commit a summary offence – which would ordinarily carry a fine – and hold them for up to four hours, or longer if drunk.
Updated at 1.35pm AEST
11.04am AEST00:04
Updated at 1.34pm AEST
11.02am AEST00:02
Fantastic photo from Dean Lewins of AAP.
10.48am AEST23:48
Prince Charles and Camilla, the duchess of Cornwall, have arrived.
There’s lots of shouting. Official shouting.
Updated at 1.33pm AEST
10.47am AEST23:47
Umbrellas no longer bipartisan.
@fitzhunter not so effective umbrella, rescued by @M_McCormackMP pic.twitter.com/KjQ7K3Aq3q
10.46am AEST23:46
Former prime ministers @MrKRudd and @TonyAbbottMHR catching up before the Remembrance Day service in Canberra pic.twitter.com/6b7RjAsOlk
10.43am AEST23:43
The prime minister and his wife, Lucy, have arrived at the war memorial ceremony, which is outside and therefore a sea of brollies.
Updated at 1.32pm AEST
10.40am AEST23:40
Canberra is wet.
Updated at 2.13pm AEST
10.34am AEST23:34
The Greens have announced they will not support the government’s cuts to family tax benefit payments or Labor’s proposal for a revised cut that will only target couples on a low income with children over 13.
This was the thing that Labor announced yesterday, saying it would block most of the cuts, apart from one relating to families with children between the ages of 13 and 16. Greens senator Rachel Siewert:
Raising teenagers is also expensive for low-income coupled families. It is still fundamentally unfair that both the Turnbull government and Labor party are seeking to make savings at the expense of such families. The Labor party claims to be the heroes of the low-income families accessing this payment but apparently some are more important than others. How is it fair for Bill Shorten to say they are defending single parents and grandparent care in knocking back the cuts to FTBB for children over 13 but leave coupled families behind?
Updated at 1.31pm AEST
10.17am AEST23:17
The Senate and the house are now suspended for the Remembrance Day ceremony.
Updated at 2.13pm AEST
10.16am AEST23:16
At this stage in the Senate, senators get a chance to grill appropriate ministers on the tax legislation. Yesterday, the finance minister, Mathias Cormann, was answering questions but today we have seen Mitch Fifield take over and now Concetta Fierravanti-Wells. There is some consternation over the details of the legislation.
My mail has it that not many of the crossbenchers support the Greens’ amendment. Labor is unclear but I am checking there. Presumably government representatives are playing soothing music to crossbenchers in their special room right now.
Updated at 10.21am AEST
10.05am AEST23:05
Greens senator Peter Whish-Wilson wants to know who lobbied the government to shield private individuals from tax transparency.
Mitch Fifield, representing the government, said the principle of taxpayer confidentiality was an important one and that Whish-Wilson’s image of lobbyists in “darkened rooms” was not appropriate.
10.01am AEST23:01
In the Senate, debate continues on the tax laws amendment (combating multinational tax avoidance) bill.
This is the bill that acts to stop multinational companies shifting profits offshore and avoiding tax. It continues last night’s debate.
The history on this is that the tax and superannuation laws amendment (better targeting the income tax transparency laws) bill 2015 passed through the Senate on October 15, without a vote because Labor forgot to call for a division.
Labor opposed because it included a provision which exempted the publication of tax information from private companies with annual turnovers of more than $100m. This was known as the “kidnap” bill because we would not know people like Gina Rinehart were rich unless her tax information was published. Lols.
The Greens have been looking for a way to bring the bill back to the Senate for a vote so they are trying to amend a different but related bill, the tax laws amendment (combating multinational tax avoidance) bill 2015.
The amendment would mean that as a function of this multinational tax bill passing, the “kidnap law” would be repealed.
The other unfortunate part of this whole legislative process saw an “astroturf group” trick some of the senators on a legislative committee into thinking family businesses would be disadvantaged against larger companies.
Both the independent senator Nick Xenophon and the Greens senator Peter Whish-Wilson told the Senate yesterday they were embarrassed that they were tricked by the astroturf group. Our Fairfax colleague Heath Aston did some great work on this and revealed this particular group.
Astroturfing, for those unfamiliar, is the practice of creating a fake “grass roots” group to lobby politicians.
Labor senator Sam Dastyari, who has also done a lot of work on transparency and big business, has argued with the communications and arts minister, Mitch Fifield, about the need for tax transparency.
There isn’t a groundswell of opposition to this information being published.
He said there is a small group of wealthy individuals who “don’t want this information out” and are paying large amounts of money to lobby against transparency.
Updated at 10.20am AEST
9.31am AEST22:31
In case you missed it, Kevin Rudd called out Cardinal George Pell’s sceptical views on climate change. Delivering a speech to Melbourne University’s trinity college on Tuesday night, Rudd said that although Pell was perfectly entitled to express his views, it was high time his view was challenged – especially in the lead-up to the climate talks in Paris.
In case you haven’t caught up with Pell’s statements, they include this cracker.
In the past pagans sacrificed animals and even humans in vain attempts to placate capricious and cruel gods, while today they demand reductions in carbon emissions.
Rudd has had enough, Lenore Taylor reports.
After many years of silence in response to Cardinal Pell’s public critique of my government’s policy on climate change, the reason I have chosen to enter the debate now is, on the eve of the Paris conference, we once again enter into a critical time both for Australia and the world.
It is, therefore, no small matter, at this most critical of times, for the ethical waters, at least in the community of faith, to be so deeply muddied by such radical climate change sceptics as Cardinal Pell, and for his commentary to go without challenge. Of course he is free to contribute to the public policy debate in any manner he wishes. But it is equally important, particularly now that Cardinal Pell has become a global figure, to have his ... statements on climate change challenged by others in the public space. It is high time his views were confronted head on. The stakes are now far too high for us all.
Rudd noted Pell’s break with the views of the Pope Francis.
The pope says the science on climate change is sufficiently clear. Cardinal Pell says it is not, and further that the purported science is without foundation. The pope says all of humanity faces a common ethical challenge to protect the planet from climate change. Because Cardinal Pell disputes the science, he says there is little if any ethical imperative at all. And on the question of the policy imperative, the pope speaks with urgency. Cardinal Pell describes policy measures as an unnecessary fad and an unacceptable cost to both companies and consumers.
Updated at 10.17am AEST
9.17am AEST22:17
The former Christmas Island administrator, Jon Stanhope, has criticised federal government secrecy over the death of an asylum seeker, Fazel Chegeni, which sparked unrest at the island’s detention centre.
Stanhope said if the death had been a traffic accident police would be open about it and would not cite the coroner’s involvement as an obstacle to discussing it.
You know, it’s blatant nonsense to suggest that a politician can’t speak about the death of somebody within your care and control and custody, as a result of the need for the matter to be referred to the coroner.
9.05am AEST22:05
The house has started sitting.
Tony Burke, Labor’s manager of business, fires a shot across the bow regarding citizenship legislation. He notes the bill is on the program and suggests, given Labor is still scrutinising it – including getting briefings – he hopes the government will allow it time.
Today, we will see if it really is a new paradigm.
Updated at 9.25am AEST
9.02am AEST22:02
Rosie Lewis at the Oz has an interesting insight into the change in Coalition approach since the dumping of Tony Abbott.
Malcolm the Magnanimous has offered a special Senate crossbench meeting room on the first floor of Parliament House. Who knows what goes on in there? Bob Day probably gets out the guitar. Maybe Lambie kicks off her heels. Oh to be a fly on the wall.
We’ve been given a meeting room on the Senate side with a very nice view – we’re delighted. We said, ‘Let’s invite the prime minister to come and have a chat’ and he didn’t hesitate, which was great.
It’s definitely a milestone. It’s been a bit of a slog but I think in the last few weeks the reset button has been pressed and we start again. We’re off to a good start.
Updated at 9.24am AEST
8.55am AEST21:55
Hello, Aus Senate tweeps. We love you, too.
The #Senate will suspend today from 10.15 until 11.45 am to allow senators to attend #RemembranceDay services
Updated at 9.23am AEST
8.54am AEST21:54
How business is done.
There is going to be a whole lot of this today on the citizenship bill. This photo from yesterday by Lukas Coch of AAP shows the horse-trading that goes on to get legislation through.
Updated at 9.22am AEST
8.47am AEST21:47
Dutton expects a high court challenge to the dual nationals citizenship bill
Notwithstanding the Remembrance Day memorial service, the Government House business, the curtsying and chortling with the royals, there is some very serious business in the parliament.
The citizenship amendment will come back to the house after the scrutiny of the parliamentary joint committee on intelligence and security (PJCIS). That committee heard the finest legal minds criticise the proposed legislation, which sought to strip citizenship from dual nationals for various offences.
For example, the constitutional lawyer Prof George Williams described the bill as “one of the most poorly drafted” he had seen. He wasn’t talking fiddles around the edges.
The bill lists three ways dual nationals can automatically lose Australian citizenship. First, a person renounces citizenship “by conduct” if they engage in terrorist activity. Second, if they go overseas to fight for foreign armies deemed enemies of Australia, or listed terrorist organisations. Third, if they are convicted of terrorism offences or “certain other offences” by an Australian court.
When the committee finally reported, it suggested the government should strip dual nationals of citizenship for terrorist offences only after a conviction.
But it recommended going ahead with provisions which would strip dual nationals of their Australian citizenship fighting overseas without conviction.
The committee also recommended retrospectively stripping Australian citizenship from those convicted of terrorist-related offences, although limiting it to those who had been sentenced to at least 10 years’ jail for those offences.
So the bill has presumably been redrafted and Bill Shorten has told us this morning that Labor received a briefing on the (new) bill only last night. Labor wants more time to scrutinise it.
As to constitutionality, the immigration minister, Peter Dutton, said he expected a high court challenge but the government had drafted it as well as it could.
In these circumstances you would expect that there would be a high court challenge in relation to some aspects of the bill or the legislation at some stage ... From the government’s perspective, there is always a risk with any legislation, with any piece of national security legislation. We minimise that risk in this bill, and we believe we’ve struck a reasonable balance by accepting all the recommendations from the committee.
The bill is listed for debate after question time, so we shall see what we shall see. Shorten said again, just this morning, that Labor delivered bipartisan support on national security issues and has done so for the first three.
But he wants to be able to pick up any flaws in the bill and that needs time.
Dutton is stamping his feet. He wants the bill ticked off by the next week.
Debate will commence this week, and the government’s desire is that this bill be dealt with by both houses by the end of the next sitting week.
Updated at 2.13pm AEST
8.21am AEST21:21
Bill Shorten was only eight at the time of the dismissal but he has declared his support for a republic in previous speeches.
Shorten would like to see a process which involves a constitutional convention, followed by a plebiscite to gauge the peoples’ reaction, followed by a referendum.
He also told Fran Kelly on ABC Radio National that he would like to see a constitutional commission, which would be a permanent body which educates people about the constitution.
Updated at 9.11am AEST
8.16am AEST21:16
Good morning
Strap yourself in for huge day in Canberra.
Best get on with this. Join us below or on the Twits with me @gabriellechan and @mpbowers, who is on full royal duty. I’m thinking a visual panoply of delights from the Bowers machine.
