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George Brandis misled parliament over Justin Gleeson matter, Senate committee finds – politics live George Brandis misled parliament over Justin Gleeson matter, Senate committee finds – as it happened
(35 minutes later)
7.09am GMT
07:09
Night time politics
That’s it. It is goodnight from me and goodnight from him Mike Bowers. Thanks to the brains trust. You know who you are. And thanks for your company.
Love youse all.
Goodnight.
6.56am GMT
06:56
LNP senator Barry O’Sullivan is speaking on the Gleeson report.
He rejects McKim’s point about the production of documents, suggesting he has tried to get documents in the past from other departments.
We not going to take a lecture off you guys on the standards of senior officers who are paid pretty significant money.
O’Sullivan goes through the revelation from Justin Gleeson that he had a conversation with Labor shadow Mark Dreyfus during the campaign.
Then somehow former Family First senator Bob Day is raised.
O’Sullivan says tersely to the Labor benches that senator Day would “buy and sell any one of you” and is a “much better man than you”.
Then it is all over.
6.47am GMT
06:47
Greens flag desire for senate select committee into Justin Gleeson issue
Greens senator Nick McKim, a member of the committee, has outlined his concerns with the Gleeson matter.
McKim is particularly concerned at the lack of access to the attorney general’s documents. He says arguably, the government is wilfully obstructing the senate.
McKim goes to this point, contained within the report, over access to documents.
The committee has sought access to any documents and correspondence which would clarify the nature of any consultation that occurred with the SolicitorGeneral. It has made requests for information from the Attorney-General’s Department (the Department) that are relevant to the terms of reference. This includes an order for the Department to produce documents, sent on 18 October 2016. The Department has advised the committee that it has provided relevant documents to the AttorneyGeneral, and that these are still being considered with a view to the Attorney-General making a claim of public interest immunity.
The committee is concerned that the Attorney-General has only been prepared to provide documents that could in some way be construed to substantiate the assertion that the Direction was substantively discussed at the meeting on 30 November 2016, despite other participants contradicting this claim. The committee has not been provided with any of the documents it has asked for pertaining to the Direction.
In his submission, the Attorney-General refers to handwritten meeting notes taken by his staff, which merely refer to the process of obtaining advice, as defined by the Direction and Guidance Note. No documents (which the committee understands exist) have been produced to substantiate the actual consultation process and drafting of the Direction
McKim wants a senate select committee created to assess whether they are reasonable claims.
It is time for the senate to stand up and be counted because we are being treated by contempt by the government.
McKim says he is talking to Labor and other senators about the issue.
He gives no indication whether he has the numbers for the committee.
Updated
at 6.48am GMT
6.35am GMT6.35am GMT
06:3506:35
Government senators accuse Labor of destroying Justin Gleeson's careerGovernment senators accuse Labor of destroying Justin Gleeson's career
The Opposition and Greens dominated the senate committee so there is always a dissenting report from government members.The Opposition and Greens dominated the senate committee so there is always a dissenting report from government members.
Government senators say the inquiry set up by Labor destroyed the career of the solicitor general.Government senators say the inquiry set up by Labor destroyed the career of the solicitor general.
This is from the dissenting report:This is from the dissenting report:
During the course of the Inquiry, Government members came to the conclusion that the position of the Solicitor-General had become untenable.During the course of the Inquiry, Government members came to the conclusion that the position of the Solicitor-General had become untenable.
The Solicitor-General’s subsequent decision to resign was, in the view of government members of the committee, commendable and perhaps an unavoidable consequence of the public Inquiry.The Solicitor-General’s subsequent decision to resign was, in the view of government members of the committee, commendable and perhaps an unavoidable consequence of the public Inquiry.
Government members regret that this Inquiry, set up by the Labor Party to attack Senator the Hon George Brandis, Attorney-General of the Commonwealth of Australia (the Attorney-General), has in the end destroyed the career of the Solicitor General who was himself appointed by the previous Labor administration.Government members regret that this Inquiry, set up by the Labor Party to attack Senator the Hon George Brandis, Attorney-General of the Commonwealth of Australia (the Attorney-General), has in the end destroyed the career of the Solicitor General who was himself appointed by the previous Labor administration.
Government members of the Committee are concerned that the majority on the Committee have used the Senate committee process, and thereby the taxpayers’ indulgence, to pursue a partisan political agenda.Government members of the Committee are concerned that the majority on the Committee have used the Senate committee process, and thereby the taxpayers’ indulgence, to pursue a partisan political agenda.
6.27am GMT6.27am GMT
06:2706:27
Gleeson senate committee report recommendationsGleeson senate committee report recommendations
Recommendation 1Recommendation 1
That the Senate disallow the amendment to the Direction or the AttorneyGeneral withdraw it immediately, and that the Guidance Note be revised accordingly.That the Senate disallow the amendment to the Direction or the AttorneyGeneral withdraw it immediately, and that the Guidance Note be revised accordingly.
Recommendation 2Recommendation 2
That the Attorney-General provide, within three sitting days, an explanation to the Senate responding to the matters raised in this report.That the Attorney-General provide, within three sitting days, an explanation to the Senate responding to the matters raised in this report.
Recommendation 3Recommendation 3
That the Senate censure the Attorney-General for misleading the parliament and failing to discharge his duties as Attorney-General appropriately.That the Senate censure the Attorney-General for misleading the parliament and failing to discharge his duties as Attorney-General appropriately.
6.25am GMT6.25am GMT
06:2506:25
Senator Ian Macdonald is criticising Gleeson, for telling the committee hearing details about advice he has given without the permission of his clients ie. the AG.Senator Ian Macdonald is criticising Gleeson, for telling the committee hearing details about advice he has given without the permission of his clients ie. the AG.
He says the SG is a senior public servant and should abide by the rules of his job.He says the SG is a senior public servant and should abide by the rules of his job.
UpdatedUpdated
at 6.25am GMTat 6.25am GMT
6.18am GMT6.18am GMT
06:1806:18
Pratt: Brandis said not just that he consulted, but that he consulted *with the solicitor general* #auspol #auslawPratt: Brandis said not just that he consulted, but that he consulted *with the solicitor general* #auspol #auslaw
6.17am GMT6.17am GMT
06:1706:17
Pratt: the attorney general was not informed the direction was wrong in law (as a result of not consulting Gleeson) #auspol #auslawPratt: the attorney general was not informed the direction was wrong in law (as a result of not consulting Gleeson) #auspol #auslaw
6.17am GMT6.17am GMT
06:1706:17
Louise Pratt says the Senate cttee has concluded Brandis misled the Senate he had consulted SG Justin Gleeson #auspol #auslawLouise Pratt says the Senate cttee has concluded Brandis misled the Senate he had consulted SG Justin Gleeson #auspol #auslaw
6.15am GMT6.15am GMT
06:1506:15
The LNP senator Ian Macdonald, a member of the legal and constitutional affairs committee, beats down on the Brandis/Gleeson report.The LNP senator Ian Macdonald, a member of the legal and constitutional affairs committee, beats down on the Brandis/Gleeson report.
This committee is renowned for the inappropriateness of its inquiries … because they are always political inquiriesThis committee is renowned for the inappropriateness of its inquiries … because they are always political inquiries
UpdatedUpdated
at 6.16am GMTat 6.16am GMT
6.12am GMT6.12am GMT
06:1206:12
George Brandis is unfit to hold office, says Senate committee chair Louise Pratt due to Gleeson matterGeorge Brandis is unfit to hold office, says Senate committee chair Louise Pratt due to Gleeson matter
The opposition-dominated Senate committee chair Louise Pratt, has told the senate that the attorney general is unfit to hold office as she tabled the report into the Justin Gleeson matter.The opposition-dominated Senate committee chair Louise Pratt, has told the senate that the attorney general is unfit to hold office as she tabled the report into the Justin Gleeson matter.
The senate committee report calls for senate to censure Brandis after his failure to consult with the former solicitor general Justin Gleeson on a direction that the SG must gain consent before providing advice to other government departments.The senate committee report calls for senate to censure Brandis after his failure to consult with the former solicitor general Justin Gleeson on a direction that the SG must gain consent before providing advice to other government departments.
(This post has been amended).(This post has been amended).
UpdatedUpdated
at 6.23am GMTat 6.23am GMT
6.07am GMT6.07am GMT
06:0706:07
The Nationals leader and deputy PM, Barnaby Joyce, is blaming Labor’s for the backpackers tax, which is highly confusing because as I have said previously, this was a proposal that emanated from the 2015 Abbott budget.The Nationals leader and deputy PM, Barnaby Joyce, is blaming Labor’s for the backpackers tax, which is highly confusing because as I have said previously, this was a proposal that emanated from the 2015 Abbott budget.
[Labor] revel in the problems, they revel in the intrigue, they revel in creating chaos. They know full well what their objective is.[Labor] revel in the problems, they revel in the intrigue, they revel in creating chaos. They know full well what their objective is.
Aussie fruit pickers will pay more tax than any backpacker from overseas under the Shorten-Lambie-One Nation pact. #auspol #agchatoz pic.twitter.com/gp4Of4oY49Aussie fruit pickers will pay more tax than any backpacker from overseas under the Shorten-Lambie-One Nation pact. #auspol #agchatoz pic.twitter.com/gp4Of4oY49
Joyce’s tweet is even more confusing when you consider the numbers.Joyce’s tweet is even more confusing when you consider the numbers.
UpdatedUpdated
at 6.15am GMTat 6.15am GMT
5.20am GMT5.20am GMT
05:2005:20
The Greens have announced they will move their own amendments to the backpacker tax bill which seeks to tax backpackers at the same rate as Australians.The Greens have announced they will move their own amendments to the backpacker tax bill which seeks to tax backpackers at the same rate as Australians.
The Greens senator Peter Whish-Wilson has been consistent on not wanting change on the tax – as opposed to Labor, which opposed but without stating its alternative position. But without the numbers, the Greens amendment will not pass.The Greens senator Peter Whish-Wilson has been consistent on not wanting change on the tax – as opposed to Labor, which opposed but without stating its alternative position. But without the numbers, the Greens amendment will not pass.
So the Greens will support the crossbench/Labor amendment for a 10.5% backpacker tax.So the Greens will support the crossbench/Labor amendment for a 10.5% backpacker tax.
The treasurer, Scott Morrison, has said if the bill is amended, the government will knock it off in the lower house.The treasurer, Scott Morrison, has said if the bill is amended, the government will knock it off in the lower house.
Which means it will be status quo. Or will it?Which means it will be status quo. Or will it?
Morrison says in the absence of the changes, the default tax will be 32.5% – which was what the Abbott government originally proposed in 2015 (where it all started).Morrison says in the absence of the changes, the default tax will be 32.5% – which was what the Abbott government originally proposed in 2015 (where it all started).
Whish-Wilson was claiming the win, no matter what happens.Whish-Wilson was claiming the win, no matter what happens.
The Greens have led on this issue. We were the first party to oppose the backpacker tax. We were the only one to take a costed policy to the election. We were the ones who discovered legislation was required and that the automatic default is not 32.5%.The Greens have led on this issue. We were the first party to oppose the backpacker tax. We were the only one to take a costed policy to the election. We were the ones who discovered legislation was required and that the automatic default is not 32.5%.
Now the default position of the tax is complicated. The key thing to remember is that though the Abbott government originally proposed the tax in 2015, this has been argued about ever since. No backpacker legislation has passed the house since then.Now the default position of the tax is complicated. The key thing to remember is that though the Abbott government originally proposed the tax in 2015, this has been argued about ever since. No backpacker legislation has passed the house since then.
That means there is no change to the existing position.That means there is no change to the existing position.
Which means some backpackers will continue to qualify as residents for tax purposes, getting a lesser rate. And some will continue to qualify as non-residents, getting a higher rate.Which means some backpackers will continue to qualify as residents for tax purposes, getting a lesser rate. And some will continue to qualify as non-residents, getting a higher rate.
Whish-Wilson:Whish-Wilson:
Barnaby Joyce is talking bulldust that a default rate of 32.5% will start on January 1 2017. The only thing due to come in on January 1 was the government’s law if their legislation passed both houses of parliament. If the legislation fails to pass then the status quo remains unchanged, that is some backpackers are treated as residents, and some are not.Barnaby Joyce is talking bulldust that a default rate of 32.5% will start on January 1 2017. The only thing due to come in on January 1 was the government’s law if their legislation passed both houses of parliament. If the legislation fails to pass then the status quo remains unchanged, that is some backpackers are treated as residents, and some are not.
Tasmanian farmers, at an individual level, have told me they want this bill dead. They will never trust the government again. Barnaby Joyce did not even visit Tasmania during this debate. He has done nothing to fix the mess his government created.Tasmanian farmers, at an individual level, have told me they want this bill dead. They will never trust the government again. Barnaby Joyce did not even visit Tasmania during this debate. He has done nothing to fix the mess his government created.
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at 6.14am GMTat 6.14am GMT
4.55am GMT4.55am GMT
04:5504:55
No props.No props.
Labor loses the right to ask a question by using props.Labor loses the right to ask a question by using props.
4.53am GMT4.53am GMT
04:5304:53
Just to keep you going ... the Senate committee report into the attorney general George Brandis’s legal direction to the solicitor general Justin Gleeson will be tabled tonight about 5pm.Just to keep you going ... the Senate committee report into the attorney general George Brandis’s legal direction to the solicitor general Justin Gleeson will be tabled tonight about 5pm.
That was the committee that saw fiery exchanges between Gleeson and the LNP senator Ian Macdonald and in which Gleeson admitted he considered the Brandis direction invalid. Gleeson also revealed he spoke to the shadow attorney general, Mark Dreyfus, during the election campaign – the person who appointed him solicitor general in 2013.That was the committee that saw fiery exchanges between Gleeson and the LNP senator Ian Macdonald and in which Gleeson admitted he considered the Brandis direction invalid. Gleeson also revealed he spoke to the shadow attorney general, Mark Dreyfus, during the election campaign – the person who appointed him solicitor general in 2013.
You can find the committee website here. The inquiry examines the nature and scope of the consultations prior to the making of the legal services amendment (solicitor general opinions) direction 2016.You can find the committee website here. The inquiry examines the nature and scope of the consultations prior to the making of the legal services amendment (solicitor general opinions) direction 2016.
This is the direction that led to the stoush that led to Gleeson resigning. His resignation became effective yesterday.This is the direction that led to the stoush that led to Gleeson resigning. His resignation became effective yesterday.
UpdatedUpdated
at 6.12am GMTat 6.12am GMT