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| Malcolm Turnbull consulted his department on solicitor general dispute – politics live | Malcolm Turnbull consulted his department on solicitor general dispute – politics live |
| (35 minutes later) | |
| 7.39am BST | |
| 07:39 | |
| Culleton: Aust now paying the highest grocery prices in the world. | |
| 7.38am BST | |
| 07:38 | |
| Culleton is railing against the systemic policy failures by government. He blames the National party for failing to do their job for rural families. Culleton accuses the ANZ of stealing his farm. | |
| 7.25am BST | |
| 07:25 | |
| Rod Culleton starts by attacking large corporations and the courts. | |
| Having been locked into a financial crocodile roll, I have lost all incentive to invent anything again. | |
| 7.23am BST | |
| 07:23 | |
| Next, One Nation senator Rod Culleton. He starts which lots of references to farming, puncture kits and people trying to keep him out of parliament. He says he is a long time National party voter but now refers to his fellow One Nation senators as the “awesome foursome”. | |
| 7.19am BST | |
| 07:19 | |
| By way of background, Swan’s intervention follows coverage in the Financial Review by Neil Chenoweth on September 22: | |
| The tax and royalties bill for BHP Billiton’s Singapore controversial marketing operation has hit close to $1.4 billion with ongoing audits likely to push the total higher. | |
| BHP Billiton chief financial officer Peter Beaven said the tax dispute was a debate about valuations rather than tax avoidance and the company was very confident of its position. | |
| But the latest disclosures by the big miner show a cascading series of consequences that have flowed from its decision to market iron ore through a Swiss subsidiary operating in Singapore. | |
| These include a $117 million assessment for the Mineral Resources Rent Tax in 2013, after the Tax Office ruled that parts of BHP’s Singapore income should have been attributed to its Australian profits. | |
| Peter Beaven, chief financial officer at BHP Billiton, gave a defence - also in the Financial Review. | |
| For every $1 of pre-tax profit we made in Australia in the 2016 financial year, 57¢ is payable in taxes and royalties to governments here. | |
| We have paid about $65 billion in taxes, royalties and other payments to Australian governments over the past decade, as part of $US85 billion ($111 billion) we paid globally. | |
| To put this in context, our Australian tax and royalty contribution over the past decade would build the NBN twice over, or pay for three years of Medicare for the entire nation. | |
| Our average global effective tax rate over the past decade is 39.8 per cent, including royalties. When you take royalties out, that average is 31.9 per cent, so either way you look at it, it’s consistently higher than the 30 per cent corporate tax rate in Australia. | |
| 7.09am BST | |
| 07:09 | |
| I know it has been a long time coming but I promised a chunk of former Treasurer Wayne Swan’s speech on BHP and what he claims is the company’s aggressive transfer pricing. | |
| He began on a general note: | |
| We’ve all heard of “trickle-down” economics, but this is its older and uglier brother – the straight rip-off where companies refuse to play by the rules, and their cronies in government simply look the other way. Last year as a result of Labor’s tax transparency legislation, tax office data revealed that one in three private companies paid no tax and one in four public corporate entities operating in Australia paid no tax. In addition, half of the foreign companies operating in Australia had no taxable income while 56 millionaires paid no income tax in 2013, not even the Medicare levy. | |
| Swan then got specific about BHP and called on the board to provide a full and frank explanation of their role. | |
| There is a stark contrast between the esteem in which BHP, its executive and the board expect to be held and their actual behaviour. | |
| BHP has an experienced Board; Jack Nasser, Andrew MacKenzie, Malcolm Brinded, Malcolm Broomhead, Pat Davies, Anita Frew, Carolyn Hewson, Ken MacKenzie, Lindsay Maxsted, Wayne Murdy, Dr John Schubert and Baroness Shirti Vadera. | |
| The Board should provide a full and frank explanation of their role in approving this aggressive transfer pricing scheme. The board of BHP has not been true to the values they espouse in their charter of corporate responsibility. | |
| Corporations are not ends in themselves. The community cannot allow the corporate veil to hide the moral responsibility of those that run them. When companies fail to pay their fair share of tax, revenue must be found elsewhere from businesses and individual taxpayers. | |
| The billions of dollars avoided are forever lost to education and infrastructure, which are investments vital to growth and ultimately support the bottom line for business.... | |
| At a time when this government hacks and slashes at the social safety net in the name of budget repair, it is simply obscene for corporates to walk away with money on this scale. | |
| There is a stark contrast between the respect boards and executives expect and what their actual behaviour merits. The actions of these businesses tear at the very fabric of our community and erode trust in business and government. | |
| The actions of these businesses tear at the very fabric of our community and erode trust in business and government. | |
| BHP rejected Swan’s claims. A spokesman told Guardian Australia: | |
| Our Australian adjusted effective tax rate, inclusive of corporate tax, PRRT and royalties in FY16 was approximately 57%. Our global rate was slightly higher at 59%. This demonstrates that we pay our ‘fair share’ of tax both in Australia and globally. | |
| Updated | |
| at 7.11am BST | |
| 6.46am BST | 6.46am BST |
| 06:46 | 06:46 |
| We have a number of first speeches this afternoon. Ben Morton, Liberal MP for Tangney in WA has just given his first speech. He is the new Dennis Jensen, who was dumped in the preselection prior to the 2016 election. | We have a number of first speeches this afternoon. Ben Morton, Liberal MP for Tangney in WA has just given his first speech. He is the new Dennis Jensen, who was dumped in the preselection prior to the 2016 election. |
| Labor MP for Oxley, Milton Dick, is giving his first speech now. The seat where Pauline Hanson cut her teeth. | Labor MP for Oxley, Milton Dick, is giving his first speech now. The seat where Pauline Hanson cut her teeth. |
| In a moment, we have One Nation senator Rod Culleton, who is still facing a challenge to his eligibility to sit in the Senate in the Court of Disputed Returns. | In a moment, we have One Nation senator Rod Culleton, who is still facing a challenge to his eligibility to sit in the Senate in the Court of Disputed Returns. |
| 6.08am BST | 6.08am BST |
| 06:08 | 06:08 |
| There is still the regular matter of public importance going on in the house: Labor’s motion regarding “the government’s failure of leadership in energy system modernisation”. | There is still the regular matter of public importance going on in the house: Labor’s motion regarding “the government’s failure of leadership in energy system modernisation”. |
| After that, the lower house will go back to the plebiscite debate. | After that, the lower house will go back to the plebiscite debate. |
| 5.41am BST | 5.41am BST |
| 05:41 | 05:41 |
| 5.35am BST | 5.35am BST |
| 05:35 | 05:35 |
| Mmmmmm.... | Mmmmmm.... |
| 5.30am BST | 5.30am BST |
| 05:30 | 05:30 |
| Smashing the happiness index. | Smashing the happiness index. |
| 5.27am BST | 5.27am BST |
| 05:27 | 05:27 |
| 5.24am BST | 5.24am BST |
| 05:24 | 05:24 |
| Greg Jericho | Greg Jericho |
| I promised the fact check on the treasurer’s figures re the deficit. | I promised the fact check on the treasurer’s figures re the deficit. |
| Scott Morrison told the parliament: | Scott Morrison told the parliament: |
| Since this government came to office in 2013, the level of nominal expenditure on payments by the Government which was set out in the 2013 PEFO [Pre Election Fiscal Outlook], the payments by the government for $424.4bn. That was the estimate. The actual amount of payments in the 2016 PEFO was $425bn. This is a government that has ensured we have controlled expenditure. The budget I handed down in May, based on the final outcome figures, will see expenditure as a share of the economy fall. | Since this government came to office in 2013, the level of nominal expenditure on payments by the Government which was set out in the 2013 PEFO [Pre Election Fiscal Outlook], the payments by the government for $424.4bn. That was the estimate. The actual amount of payments in the 2016 PEFO was $425bn. This is a government that has ensured we have controlled expenditure. The budget I handed down in May, based on the final outcome figures, will see expenditure as a share of the economy fall. |
| This from Greg Jericho: | This from Greg Jericho: |
| The Treasurer argues that the 2013 Pre-election fiscal outlook predicted “the level of nominal expenditure on payments by the Government for 2015-16 to be $424.4bn and that the “actual amount of payments” for that year was $425bn. | The Treasurer argues that the 2013 Pre-election fiscal outlook predicted “the level of nominal expenditure on payments by the Government for 2015-16 to be $424.4bn and that the “actual amount of payments” for that year was $425bn. |
| This, he argues, means “this is a government that has ensured we have controlled spending, controlled expenditure.” | This, he argues, means “this is a government that has ensured we have controlled spending, controlled expenditure.” |
| It all sounds good until you realize he is playing around with nominal figures. Nominal figures don’t take into account inflation or the increase in the size of the economy. | It all sounds good until you realize he is playing around with nominal figures. Nominal figures don’t take into account inflation or the increase in the size of the economy. |
| In the 2013 Pefo, the expected expenditure in 2015-216 was $424.9bn but this was calculated to be 24.6% of GDP. The $425bn that was actually spent in 2015-16 was instead worth 25.8% of GDP (because the economy didn’t grow as fast as they thought it would). | In the 2013 Pefo, the expected expenditure in 2015-216 was $424.9bn but this was calculated to be 24.6% of GDP. The $425bn that was actually spent in 2015-16 was instead worth 25.8% of GDP (because the economy didn’t grow as fast as they thought it would). |
| So while in nominal terms the Abbott/Turnbull government had met their target, in terms of percentage of GDP they were out by 1.2% of GDP – or about $19.8bn. | So while in nominal terms the Abbott/Turnbull government had met their target, in terms of percentage of GDP they were out by 1.2% of GDP – or about $19.8bn. |
| And if Morrison really wants to talk in nominal figures, he should also note that the 2013 Pefo predicted a Budget deficit in 2015-16 of $4.7bn, and it ended up being a deficit of $39.94bn. | And if Morrison really wants to talk in nominal figures, he should also note that the 2013 Pefo predicted a Budget deficit in 2015-16 of $4.7bn, and it ended up being a deficit of $39.94bn. |
| 5.10am BST | 5.10am BST |
| 05:10 | 05:10 |
| Turnbull has consulted his department on the solicitor general's dispute with Brandis | Turnbull has consulted his department on the solicitor general's dispute with Brandis |
| Labor’s Tony Burke asks Malcolm Turnbull: Has the prime minister sought advice from his department about the current conflict between the attorney-general and the solicitor-general and does the prime minister have confidence in the solicitor-general? | Labor’s Tony Burke asks Malcolm Turnbull: Has the prime minister sought advice from his department about the current conflict between the attorney-general and the solicitor-general and does the prime minister have confidence in the solicitor-general? |
| Turnbull says yes and Brandis and Gleeson have his confidence. | Turnbull says yes and Brandis and Gleeson have his confidence. |
| I can say that I have discussed it with my department and my secretary, indeed, and I have spoken to him about it. The advice we have is that the attorney-general has... consulted with the solicitor-general in the manner he has described in his submissions that he has made, so the attorney-general has my complete confidence. | I can say that I have discussed it with my department and my secretary, indeed, and I have spoken to him about it. The advice we have is that the attorney-general has... consulted with the solicitor-general in the manner he has described in his submissions that he has made, so the attorney-general has my complete confidence. |
| Labor asks, what about the solicitor general? | Labor asks, what about the solicitor general? |
| Absolutely, the solicitor-general has my confidence, too, sure. | Absolutely, the solicitor-general has my confidence, too, sure. |
| 5.04am BST | 5.04am BST |
| 05:04 | 05:04 |
| A Dixer to Peter Dutton: will the minister update the house on the importance of Australia’s strong and consistent border protection policies and is the Minister aware of any alternative approaches? | A Dixer to Peter Dutton: will the minister update the house on the importance of Australia’s strong and consistent border protection policies and is the Minister aware of any alternative approaches? |
| Dutton uses it to identify Labor MPs who don’t support the Labor party’s boats policy in full. | Dutton uses it to identify Labor MPs who don’t support the Labor party’s boats policy in full. |
| 5.02am BST | 5.02am BST |
| 05:02 | 05:02 |
| Labor to Turnbull: I refer to the member for Warringah’s [Tony Abbott] comments that it’s good to be popular. Given the prime minister’s plebiscite is almost as unpopular as his Government, when will he dump the member for Warringah’s plebiscite and have a free vote on marriage equality? | Labor to Turnbull: I refer to the member for Warringah’s [Tony Abbott] comments that it’s good to be popular. Given the prime minister’s plebiscite is almost as unpopular as his Government, when will he dump the member for Warringah’s plebiscite and have a free vote on marriage equality? |
| Turnbull: | Turnbull: |
| Only a few years ago her leader, the member for Maribyrnong [Shorten], the Leader of the Opposition, advocated a plebiscite in the course of a meeting with the Australian Christian Lobby. He went to see them and told them he supported a plebiscite. | Only a few years ago her leader, the member for Maribyrnong [Shorten], the Leader of the Opposition, advocated a plebiscite in the course of a meeting with the Australian Christian Lobby. He went to see them and told them he supported a plebiscite. |
| Only a year ago the Greens party supported a plebiscite and advocated there should be a plebiscite. The two parties that are steadfastly opposing it in the Senate, or promise that they will,are the Greens and the Labor Party, each of whom has advocated one. | Only a year ago the Greens party supported a plebiscite and advocated there should be a plebiscite. The two parties that are steadfastly opposing it in the Senate, or promise that they will,are the Greens and the Labor Party, each of whom has advocated one. |
| 4.59am BST | 4.59am BST |
| 04:59 | 04:59 |
| Agriculture minister Barnaby Joyce gets a question on supporting the dairy industry which segues into an answer on Labor failing to support a 19% backpacker tax. (We don’t have a final position from Labor yet.) | Agriculture minister Barnaby Joyce gets a question on supporting the dairy industry which segues into an answer on Labor failing to support a 19% backpacker tax. (We don’t have a final position from Labor yet.) |
| Joyce says: | Joyce says: |
| I note it is incredibly important that we went into bat for the backpacker industry, the backpacker labour and we have now got a package that comes forward with a 19% tax. This is after consultations with 178 industry groups, welfare groups, unions, labour hire companies and we invited participation for the general community and got over 1,700 submissions. | I note it is incredibly important that we went into bat for the backpacker industry, the backpacker labour and we have now got a package that comes forward with a 19% tax. This is after consultations with 178 industry groups, welfare groups, unions, labour hire companies and we invited participation for the general community and got over 1,700 submissions. |
| ARRGHHHHHH! Having not consulted initially on a 32.5% tax, having cut the tax from 32.5% to 19%, which is an increase from 0%. | ARRGHHHHHH! Having not consulted initially on a 32.5% tax, having cut the tax from 32.5% to 19%, which is an increase from 0%. |
| 4.53am BST | 4.53am BST |
| 04:53 | 04:53 |
| Labor’s Mark Butler to Malcolm Turnbull: In July 2011, the Prime Minister said that 100% of stationary energy will need to come from clean sources by the end of the century. Prime Minister, what happened to you? | Labor’s Mark Butler to Malcolm Turnbull: In July 2011, the Prime Minister said that 100% of stationary energy will need to come from clean sources by the end of the century. Prime Minister, what happened to you? |
| Turnbull: | Turnbull: |
| It is a complex business reducing emissions, as we know. The object of government policy is to do so at least cost. The Emissions Reduction Fund has been very successful and we are well on track to meet our 2020 targets, indeed, to beat our 2020 targets.... | It is a complex business reducing emissions, as we know. The object of government policy is to do so at least cost. The Emissions Reduction Fund has been very successful and we are well on track to meet our 2020 targets, indeed, to beat our 2020 targets.... |
| We are [meeting the targets] but in a clear-eyed, hard-headed rational manner. It is not an ideological matter, we are approaching it methodically and effectively. | We are [meeting the targets] but in a clear-eyed, hard-headed rational manner. It is not an ideological matter, we are approaching it methodically and effectively. |