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Gillian Triggs open to overhaul of section 18C of Racial Discrimination Act – politics live Gillian Triggs open to overhaul of section 18C of Racial Discrimination Act – politics live
(35 minutes later)
12.48am GMT
00:48
Bill Shorten is asked about Labor’s various changes on its asylum seeker policies.
Labor’s policy, which the Liberals have subsequently adopted, is working. We believe that the people smugglers are pernicious, cynical criminals.
I recognise that hundreds upon hundreds of people drowned making that dangerous voyage.
This has been a difficult issue in the Labor Party but I took the restatement of our policy to the July 2015 national conference and what we said there is we don’t want the people smugglers back in business and we will maintain strong policies to deter them.
But what I don’t accept is that this government’s created an almost arbitrary equation, where it says the only way to stop people smugglers is to keep people on Manus and Nauru in seemingly indefinite detention.
12.45am GMT
00:45
Shayne Neumann, Labor’s immigration spokesman, said while Labor had been briefed on the issue, he saw nothing that would warrant changing.
There is no credible evidence from the department in the briefing that we had that any country had sought this legislation or any requirement covered by this legislation. The government also has failed to provide us with any evidence there that they have got any arrangement spending in respect of a third party arrangement as well.
12.42am GMT
00:42
Bill Shorten is speaking now.
He says Labor is on a unity ticket with the government to stop the people smugglers, they are not on a unity ticket to stop the tourists.
Under the laws which the government is proposing and seeking Labor’s support for, someone who is found to be a genuine refugee, who subsequently settles and becomes a Canadian or an American citizen can never even visit Australia in 30 or 40 years time, a lifetime ban on genuine refugees who become citizens of other countries from ever visiting Australia as a tourist or as a teacher or as a business person.
12.31am GMT
00:31
Labor to try to amend backpacker tax from Coalition's 19% to 10.5%
From Gareth Hutchens, Labor will amend the tax rate and they will oppose the $5 increase on the passenger movement charge paid by all people as they leave Australia.
The Coalition’s backpacker bill has passed the lower house and is sitting, waiting for the report of a Senate committee.
The report is due out tomorrow after it was delayed from yesterday.
Labor’s decision means Labor will try to amend the bill in the Senate.
But the bill has to go back to the lower house for the tick off. Unless someone changes their mind in the lower house, such as a couple of stray Nats crossing the floor, any amended 10.5% tax rate would fail.
Updated
at 12.35am GMT
12.23am GMT
00:23
Labor to move amendments on #backpackertax to lower tax rate from 19% to 10.5%Ping @stephanieando
12.16am GMT
00:16
Bill Shorten and the Labor immigration spokesman, Shayne Neumann, are holding a press conference on the decision to oppose the lifetime ban on refugees at 11.30am.
Updated
at 12.23am GMT
12.15am GMT
00:15
Paul Karp
The Greens caucus has met and decided they will back Labor’s censure of the attorney general, George Brandis, on the basis he misled the Senate. Brandis claims he did consult the solicitor general but the Greens disagree with his definition of the word.
They will also push for a new select committee to consider government claims for public interest immunity, citing Brandis releasing a heavily redacted version of Gleeson’s letter to him.
The Greens also think there’s a chance they, Jacqui Lambie and others can block or amend the backpacker tax in the Senate. It could cause fireworks if the bill goes back to the lower house proposing an even lower rate of tax. Will the Nationals push for an even better deal for farmers or stick to the government’s line?
Updated
at 12.22am GMT
12.13am GMT12.13am GMT
00:1300:13
Scott Ryan: if anyone wants to come to me on the plebiscite... Scott Ryan: if anyone wants to come to me on the plebiscite ...
The government is open to talking to Jacqui Lambie and Pauline Hanson or anyone else for that matter on any future same sex marriage plebiscite. The government is open to talking to Jacqui Lambie and Pauline Hanson or anyone else for that matter on any future same-sex marriage plebiscite.
Scott Ryan says he's open to negotiations with crossbench in the future on same-sex plebiscite #AMAgenda https://t.co/JrrOhODbVQScott Ryan says he's open to negotiations with crossbench in the future on same-sex plebiscite #AMAgenda https://t.co/JrrOhODbVQ
Updated
at 12.21am GMT
11.56pm GMT11.56pm GMT
23:5623:56
Peter Dutton: no matter Labor, we have crossbench support on lifetime banPeter Dutton: no matter Labor, we have crossbench support on lifetime ban
Phil Coorey of the Fin has got his first take off the blocks:Phil Coorey of the Fin has got his first take off the blocks:
Labor will vote against the government’s legislation to impose a lifetime ban on asylum seekers who arrived by boat after July 2013 but the government says it has the support of the Senate crossbench anyway.Labor will vote against the government’s legislation to impose a lifetime ban on asylum seekers who arrived by boat after July 2013 but the government says it has the support of the Senate crossbench anyway.
As caucus met to formalise its opposition to the bill, immigration minister Peter Dutton confirmed what had long been speculated – the measures in the bill were linked to pending deals with other countries to resettle a significant number of those languishing on Nauru and Manus Island.As caucus met to formalise its opposition to the bill, immigration minister Peter Dutton confirmed what had long been speculated – the measures in the bill were linked to pending deals with other countries to resettle a significant number of those languishing on Nauru and Manus Island.
“We are going to land a deal,” Mr Dutton said.“We are going to land a deal,” Mr Dutton said.
UpdatedUpdated
at 12.07am GMTat 12.07am GMT
11.47pm GMT11.47pm GMT
23:4723:47
Gillian Triggs open to inquiry and overhaul of section 18CGillian Triggs open to inquiry and overhaul of section 18C
Katharine MurphyKatharine Murphy
The president of the human rights commission Gillian Triggs has flagged she is open to overhauling the Racial Discrimination Act, including replacing the terms “offend” and “insult” with “vilify”.The president of the human rights commission Gillian Triggs has flagged she is open to overhauling the Racial Discrimination Act, including replacing the terms “offend” and “insult” with “vilify”.
Triggs said in an interview with the ABC on Tuesday morning she was open to the parliamentary inquiry that has been telegraphed by the prime minister and believed inserting “vilify” into the legislation would represent a strengthening of the current regime.Triggs said in an interview with the ABC on Tuesday morning she was open to the parliamentary inquiry that has been telegraphed by the prime minister and believed inserting “vilify” into the legislation would represent a strengthening of the current regime.
She also said the commission had been asking governments for the past five or six years to overhaul their statute to allow complaints to be knocked out sooner, so would welcome that procedural change.She also said the commission had been asking governments for the past five or six years to overhaul their statute to allow complaints to be knocked out sooner, so would welcome that procedural change.
“At the moment, once we receive a written complaint alleging a breach of anti-discrimination law, I must as president investigate and attempt to conciliate. That’s our role,” Triggs said on Tuesday.“At the moment, once we receive a written complaint alleging a breach of anti-discrimination law, I must as president investigate and attempt to conciliate. That’s our role,” Triggs said on Tuesday.
“We would welcome an inquiry. We would welcome an attempt to moderate our statute that would make it al little easier for the commission to say these matters are coming to us and we don’t think they’ve got any real legs at all. We’ve long argued for this.”“We would welcome an inquiry. We would welcome an attempt to moderate our statute that would make it al little easier for the commission to say these matters are coming to us and we don’t think they’ve got any real legs at all. We’ve long argued for this.”
On the parliamentary inquiry that now seems to be looming after months of agitation by government conservatives, Triggs said she was “open to seeing what the inquiry might suggest — whether the language could be clarified and in our view strengthened that enables us to support the multicultural society that we are.”On the parliamentary inquiry that now seems to be looming after months of agitation by government conservatives, Triggs said she was “open to seeing what the inquiry might suggest — whether the language could be clarified and in our view strengthened that enables us to support the multicultural society that we are.”
Asked specifically about replacing offend and insult with the word vilify, Triggs said: “I would see that as a strengthening, it could be a very useful thing to do.”Asked specifically about replacing offend and insult with the word vilify, Triggs said: “I would see that as a strengthening, it could be a very useful thing to do.”
With the government running a procession of attacks both on her conduct as president of the commission, and the commission’s oversight of discrimination cases, Triggs also hit back at the criticisms.With the government running a procession of attacks both on her conduct as president of the commission, and the commission’s oversight of discrimination cases, Triggs also hit back at the criticisms.
She told the ABC the prime minister’s commentary after the federal circuit court’s recent dismissal of a racial discrimination complaint made against three Queensland University of Technology students was “wrong.”She told the ABC the prime minister’s commentary after the federal circuit court’s recent dismissal of a racial discrimination complaint made against three Queensland University of Technology students was “wrong.”
Turnbull in an interview on Monday said the judge in the case had made negative reflections on the commission in the case, and he urged the organisation to reflect on whether it was acting in a way that was undermining public support for its work.Turnbull in an interview on Monday said the judge in the case had made negative reflections on the commission in the case, and he urged the organisation to reflect on whether it was acting in a way that was undermining public support for its work.
Triggs said the prime minister’s comments were factually wrong.Triggs said the prime minister’s comments were factually wrong.
“The commission never prosecutes, never brings a case, never pursues any matter. Once we have declared that the parties cannot conciliate the matter we will terminate it and that was done about 15 or 16 months ago [for the QUT case],” Triggs said on Tuesday.“The commission never prosecutes, never brings a case, never pursues any matter. Once we have declared that the parties cannot conciliate the matter we will terminate it and that was done about 15 or 16 months ago [for the QUT case],” Triggs said on Tuesday.
“So we had nothing whatever to do with the federal circuit court and indeed contrary to the prime minister’s statement, the federal district court said nothing whatever about the human rights commission or its role.”“So we had nothing whatever to do with the federal circuit court and indeed contrary to the prime minister’s statement, the federal district court said nothing whatever about the human rights commission or its role.”
11.43pm GMT11.43pm GMT
23:4323:43
It would appear there are duelling tweets between Coalition and Labor party rooms.It would appear there are duelling tweets between Coalition and Labor party rooms.
As nothing much is happening in Canberra atm, here is a photo of the carpet from the Coalition Party Room. #auspol pic.twitter.com/TV6VbUySUjAs nothing much is happening in Canberra atm, here is a photo of the carpet from the Coalition Party Room. #auspol pic.twitter.com/TV6VbUySUj
Oh come on. We want a photo of George and Russell sharing tea and bikkies. https://t.co/ssM2x4L9i3Oh come on. We want a photo of George and Russell sharing tea and bikkies. https://t.co/ssM2x4L9i3
@JamesMcGrathLNP Coalition party room carpet leans right, Labor's leans left. This can't be a coincidence. pic.twitter.com/IRBC6Ds28r@JamesMcGrathLNP Coalition party room carpet leans right, Labor's leans left. This can't be a coincidence. pic.twitter.com/IRBC6Ds28r
UpdatedUpdated
at 11.53pm GMTat 11.53pm GMT
11.33pm GMT11.33pm GMT
23:3323:33
Stand by for every government question in question time.Stand by for every government question in question time.
Today's visa legislation is a matter of national security. A test for @billshortenmp. Does he stand for strong borders?Today's visa legislation is a matter of national security. A test for @billshortenmp. Does he stand for strong borders?
UpdatedUpdated
at 11.35pm GMTat 11.35pm GMT
11.32pm GMT11.32pm GMT
23:3223:32
Lyle Shelton of the Australian Christian Lobby says the death of the plebiscite “might work to secure the preservation of marriage in the long term”.Lyle Shelton of the Australian Christian Lobby says the death of the plebiscite “might work to secure the preservation of marriage in the long term”.
Australians have had enough of the same-sex marriage debate. After six years of relentless activism in the parliament, it should be time to move on. I think that’s what most people want – it is not a high-priority issue.Australians have had enough of the same-sex marriage debate. After six years of relentless activism in the parliament, it should be time to move on. I think that’s what most people want – it is not a high-priority issue.
UpdatedUpdated
at 11.37pm GMTat 11.37pm GMT
11.27pm GMT11.27pm GMT
23:2723:27
The independent senator Jacqui Lambie had dinner with Pauline Hanson last night. No halal snack packs.The independent senator Jacqui Lambie had dinner with Pauline Hanson last night. No halal snack packs.
They want multiple plebiscites.They want multiple plebiscites.
I was fortunate to have dinner last night with Senator Pauline Hanson – and after our conversation I believe there’s an opportunity to put a private member’s bill before the Senate which gives the people at the next federal election – to have their say on three very important social and moral issues, Lambie says.I was fortunate to have dinner last night with Senator Pauline Hanson – and after our conversation I believe there’s an opportunity to put a private member’s bill before the Senate which gives the people at the next federal election – to have their say on three very important social and moral issues, Lambie says.
UpdatedUpdated
at 12.13am GMTat 12.13am GMT
11.17pm GMT11.17pm GMT
23:1723:17
Labor has unanimously voted to oppose a lifetime ban on refugeesLabor has unanimously voted to oppose a lifetime ban on refugees
Labor caucus has debated the government’s proposed lifetime travel ban for refugees currently in Manus Island and Nauru offshore detention.Labor caucus has debated the government’s proposed lifetime travel ban for refugees currently in Manus Island and Nauru offshore detention.
Paul Karp reports that opposition leader, Bill Shorten, spoke against the bill in the party room and it will be voted down.Paul Karp reports that opposition leader, Bill Shorten, spoke against the bill in the party room and it will be voted down.
No amendments, no compromise - just voted down.No amendments, no compromise - just voted down.
It’s an action in search of a problem, says one MP from the party room.It’s an action in search of a problem, says one MP from the party room.
UpdatedUpdated
at 11.18pm GMTat 11.18pm GMT
11.14pm GMT11.14pm GMT
23:1423:14
Steve Ciobo on Gillian Triggs: "there seems to be a pattern of deceptiveness"Steve Ciobo on Gillian Triggs: "there seems to be a pattern of deceptiveness"
Trade minister Steve Ciobo has doubled down on Human Rights Commission president Gillian Triggs, saying “there seems to be a pattern of deceptiveness”.Trade minister Steve Ciobo has doubled down on Human Rights Commission president Gillian Triggs, saying “there seems to be a pattern of deceptiveness”.
.@StevenCiobo says there seems to be a lot of deception coming from @AusHumanRights https://t.co/W4ioxrJEsC.@StevenCiobo says there seems to be a lot of deception coming from @AusHumanRights https://t.co/W4ioxrJEsC
11.07pm GMT
23:07
Our press gallery Financial Review colleague Laura Tingle has a good column today in which she ponders the lack of curiosity within the Coalition regarding the Bob Day electorate office deal. She writes One Nation had similar signals that Culleton was not a viable candidate for the senate.
Statements from the current special minister of state, Scott Ryan, and his predecessor, Mathias Cormann, reveal the details of a seriously concerning lack of curiosity about Day’s circumstances.
Cormann told the Senate that ‘a few hours’ after he had been sworn into the job on December 29 last year, Day emailed him quizzing him about whether the government would be paying him rent on his offices.
While Cormann insisted that queries kept being made of Day, and suggested the former senator was less than forthcoming in his answers, the Department of Finance became aware some time in February or March that ‘the bank account to receive the rental payments was an account linked to the then Senator Day’.
That is, at least three months before the federal election, the government knew Day’s business arrangements were highly suspect but did nothing to stop him standing.
Cormann told the Senate at ‘at no point did I received any advice’ the arrangements could be a potential breach of section 44 of the Constitution (which is the matter the High Court is now expected to be asked to consider).
And one suspects the Coalition thought it might all go away since Day wasn’t regarded as all that likely to be returned.
Updated
at 11.10pm GMT
11.02pm GMT
23:02
The immigration minister, Peter Dutton, says the Guardian and activists are encouraging asylum seekers to stay in Manus and Nauru rather than go to third countries or go home.
Monsieur Pomme de Terre has his angry eyes on today.
Updated
at 11.11pm GMT
10.43pm GMT
22:43
This from the ABC national rural reporter Anna Vidot:
The Senate is gearing up for a showdown on the backpacker tax, amid the strongest sign yet that Labor will join with crossbenchers and the Greens to block the Coalition’s compromise proposal.
Independent Tasmanian senator Jacqui Lambie claims she has the numbers to amend the Government’s 19% backpacker tax proposal to 10.5%.
ABC Rural understands she has reason to be confident, with Labor expected to finally announce its position on backpacker tax rates today.
Opposition leader Bill Shorten earlier indicated Labor was “open to” a 10.5% backpacker tax, in line with New Zealand.
Anna has done the numbers.
Even if Labor & crossbench amend #backpackertax in the Senate, they'd need to flip 2 Coalition MPs in HoR to make it law. Unlikely: #auspol https://t.co/JxAQQAMHFf
Updated
at 10.54pm GMT
10.38pm GMT
22:38
After the Russell Broadbent intervention, Labor MP Tim Watts reminds us that the former National senator Ronnie Boswell named his fight against One Nation as his biggest achievement in politics.
George Christensen is no Ron Boswell. Why are the Qld Nats so weak these days? pic.twitter.com/2HEvnZnvdN
Updated
at 10.54pm GMT
10.34pm GMT
22:34
Oh Lord, give me strength
We hear rumblings that Labor may have finalised a different position on the backpacker tax ...
DPM Barnaby Joyce on Labor and #backpackertax just now: "All they want to do is open the wound up, pull the scab off." #auspol
After an original 32.5% backpacker tax proposal, the government legislation has a 19.5% tax, with a 95% tax on superannuation as backpackers leave the country. Not to mention a $5 increase in the passenger movement charge.
The last thing Barnaby would want is a new war on that front, given the twists and turns of that policy debate.
Updated
at 10.38pm GMT
10.17pm GMT
22:17
Radical, Russell, radical! Stand in the elite corner, says George Christensen
George Christensen, unplugged on Facebook. The big man of Queensland hits back at his colleague Russell Broadbent, who gave Christensen a character reading yesterday.
Victorian Liberal Russell Broadbent told parliament last night that I had given a speech recently that was a ‘diatribe about the rise of Islam’.
It seems Mr Broadbent is suffering the same problem many other politically correct hand-wringers suffer: they do not hear the word ‘radical’ when I talk about ‘radical Islam’.
Islam is a religion and we have freedom of religion in this country. Radical Islam or Islamism is an ideology and a dangerous one at that.
Nowhere in the speech Mr Broadbent has criticised me for will anyone find any criticism of Islam.
Mr Broadbent is part of the elitist set here in Canberra that we find on all sides of politics. This is confirmed by the fact he told parliament last night that MPs shouldn’t reflect the concerns of their electors but instead should be ‘leading’ them.
The last time I checked I sat in the House of REPRESENTATIVES not the House of Lords.
This is why many people are coming to the conclusion that politics is broken: MPs of all political persuasions don’t listen much at all to the public’s concerns and they hardly ever act upon them.
If in doubt, yell elites!
Updated
at 10.39pm GMT
10.09pm GMT
22:09
Some housekeeping first.
Remember there were cabinet and shadow cabinet meetings last night and there will be party room meetings this morning.
You could reasonably assume that cabinet discussed 18C and senator Dean Smith’s proposal for some sort of parliamentary committee.
Labor’s shadow cabinet discussed the plan to ban all asylum seekers who have ever arrived by boat. All the noises and smoke signals suggest they will actually vote against the Coalition’s bill but let’s not count our chickens etc etc.
Labor may also (finally) announce a position on the backpackers tax.
The house will sit at 12pm.
The Senate will sit at 12.30pm.
Updated
at 10.14pm GMT
9.44pm GMT
21:44
As I said yesterday, the Liberal moderates are coming out slowly, slowly. Which places Malcolm Turnbull between a rock and a hard place. Turnbull is firmly entrenched in the NSW moderate position. He has the conservatives continuing their fulsome contributions and the moderates increasingly pushing back.
Last week Fairfax reported that the new Berowra Liberal MP, Julian Leeser, told the Chinese Australian Services Society there was no case for change to 18C. He said there is a procedural fix to the problem such as a part-time judicial member of the commission to initially consider complaints so those with little prospect of success could be stopped.
There were the unsourced articles in the Australian Financial Review on Monday morning.
By yesterday afternoon, new Liberal Mackellar MP Jason Falinski had spoken to Murph, saying the government should look instead to procedural changes.
Falinski said it was important any 18C parliamentary inquiry should be broad-ranging, looking at curbs on free speech such as defamation, not just the RDA provisions.
We’ve got to look at this systematically.
This morning, the Bennelong MP, John Alexander, has told ABC AM that 18C is a “fringe issue”.
If you did a ranking of the top 10 ... it wouldn’t be in the top 100.
Alexander has John Howard’s old seat, which has turned into one of the most diverse in Sydney, as Howard found to his chagrin in 2007, when he not only lost government but lost his seat.
[The party has] a broad church. We have a range of opinions. I dare say there will be big discussion about it but for my money I am happy where [18C] is at.
Updated
at 9.48pm GMT
9.20pm GMT
21:20
You may have already seen Katharine Murphy’s story on the intervention by the Liberal MP Russell Broadbent overnight, chastising those who seek to divide.
He helpfully suggests LNP MP George Christensen, who shares his party room. Broadbent, who has a long history of opposing hardline asylum seeker policies, said the Coalition would hurt if it took the low road towards One Nation.
Broadbent warned that “diatribes” against Islam, such as interventions from the LNP backbencher George Christensen, would only hurt the Coalition in the long run.
“Those propositions and policies will only hurt the Coalition parties in the long run in the same way the once great Labor party now is the captive of the Greens, relying on their preferences to win 31 of their seats in this House,” Broadbent told the chamber on Monday night.
“Right here, right now, we can turn to the high road. Let this nation be the circuit breaker and travel the road of the wise, leaving the foolish to perish in division.”
Broadbent said the government needed to show empathy and consideration for people doing it tough. “If not, we further push those that feel alienation and disaffection by economic and social exclusion into the arms of the One Nations of this country.”
Coincidentally, Penny Wong is giving her own version of the low road speech at the National Press Club. The Labor foreign affairs spokeswoman will say Hanson is damaging our reputation in Asia.
In 1996, Pauline Hanson claimed, falsely, that Australia was being swamped by Asians. Now she claims, falsely, that Australia is in danger of being swamped by Muslims. One Nation wants to shut down migration to Australia based on racial and religious prejudice. It wants to turn back history, to restore Australia to some imagined earlier state as a uniform, homogenous, static society. This is not just a narrow-minded and impoverished vision for the future. It is also based on a myth about Australia’s past.
Wong will argue the myth of a culturally homogenous Australia “airbrushes out of our history the Afghan camel drivers, the Chinese working the gold fields, the Japanese pearl divers and the hundreds of thousands of Irish migrants who came here during the 19th century”.
Updated
at 9.31pm GMT
8.58pm GMT
20:58
Good morning,
The plebiscite bill is dead. The votes, 29 to 33. If you are confused over the numbers, given there are 75 senators (with Bob Day gone), there were lots of pairs for completely unrelated reasons. The Liberal senator Dean Smith abstained – a position he has flagged well ahead of the vote. He called the plebiscite an attack on parliamentary sovereignty.
Those voting for a plebiscite:
Those voting against a plebiscite:
George Brandis was cranky.
Stop playing politics with gay people’s lives, because that is all that you are doing. A vote against this bill is a vote against marriage equality. And those who claim to believe in marriage equality but nevertheless, for their own cynical, game-playing reasons, are determined to vote against it, should hang their heads in shame.
But, as you can see from the top picture, there was a very relieved Penny Wong in the chamber.
This morning, the Labor deputy, Tanya Plibersek, says it is time for old Malcolm to reappear.
This is not where the fight for marriage equality ends. We now need Malcolm Turnbull to do what the old Malcolm Turnbull would have done ... a free vote.
There is a whole lot more going on. Mike Bowers has just wandered in with sweaty pictures of your deputy prime minister – the Barnaby – so grab a towel. In fact, maybe it is the warm weather but this morning, the grassy hills of parliament are full of people running up and down in active wear. It looks like my childhood ant farm.
Talk to me on the Twits @gabriellechan or Facebook and @mpbowers.
Updated
at 9.14pm GMT