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Xenophon and Leyonhjelm won't commit to deal on ABCC bill – politics live
Xenophon and Leyonhjelm won't commit to deal on ABCC bill – politics live
(35 minutes later)
1.38am GMT
01:38
David Speers follows up on Massola and Murph’s questions regarding Dutton: do you support your minister’s comments about Lebanese Muslim immigration in the ‘70s?
There is no question that there are lessons to be learned from previous immigration policies and the minister was reflecting on, you know, on policies many years ago. He’s entitled to do that.
But the critical thing is - I’m not making any comment on his remarks other than to say that it’s fair for all of us to reflect on past policies and how effective they were or not and seek to improve, in the light of that, to improve what we’re doing now.
(This is excruciating.)
The Labor Party is constantly envious of Dutton’s record as an Immigration Minister, because every day, by his effectiveness, he demonstrates what failures they were when they were responsible for our nation’s borders.
1.34am GMT
01:34
Katharine Murphy asks Turnbull: In the 1970s, should Malcolm Fraser have let Lebanese Muslims into Australia, on on the basis that a handful of their descendants might commit crimes?
Turnbull refuses to answer the direct question. He simply says Peter Dutton is doing a great job and Australia has a great migration program.
1.32am GMT
01:32
Asked about Lebanese Muslim migration, Turnbull backs Dutton's job as minister.
James Massola of Fairfax asks: on Lebanese Muslim immigration Trent Zimmerman told the party room he had concerned about the mixed messaging we have heard in the last few days. Do you grow with Mr Zimmerman or do you agree with Michael Sukkar who told the party today that Peter Dutton’s commentary is spot on.
Malcolm Turnbull backs Peter Dutton.
Peter Dutton is doing a great job as minister...Of course, Peter has been outstanding in his work, in our work together as a government, in reaching agreement for resettlement with third countries. So, he’s doing an outstanding job as immigration minister and if you want to look at a failure in immigration policy, you don’t have to look very far back.
1.27am GMT
01:27
Michaelia Cash is asked if she is offended by Doug Cameron’s comments regarding her need for hand holding by fellow minister.
Someone asked me if I was offended last night. The only thing that offended me last night is the fact that the Labor Party consistently failed to stand up for the 2 million members of registered organisations.
1.25am GMT
01:25
Turnbull is asked how many jobs will be created by the legislation?
The PM won’t say how many jobs but it will be of economic benefit, he says.
It is perfectly clear that if you reduce the potential for corruption and abuse and malfeasance, that is a benefit to the economy.
1.23am GMT
01:23
Cash says the registered orgs bill was required because unions handle $1.5bn annually, they have net assets of $2.5bn and they have a special tax exempt status.
[Labor] continue to condone the using of members’ funds in registered organisations by some union officials for their own personal piggy bank.
1.21am GMT
01:21
Malcolm Turnbull crowing after the registered organisations bill win in the senate last night.
He is doubling down on the ABCC bill.
Employment minister Michaelia Cash thanked the crossbench.
1.19am GMT
01:19
Xenophon is happy if the Trans Pacific Partnership dies but Hinch does not agree.
Xenophon and Hinch both support the government’s 19% backpacker tax . Xenophon says “someone” is floating 15% as a compromise with Labor’s 10% tax.
1.13am GMT
01:13
Derryn Hinch says there was no horse trading for their votes on the registered organisations bill. In other words, they have not done any deals to pass registered orgs in return for other legislation.
Asked about the ABCC, Xenophon and Hinch again talks about the security of payments for subcontractors.
Asked whether they will horse trade on the Murray Darling Basin Plan bill given the stoush over South Australian water allocations, Hinch says no.
Xenophon will not answer the question (perhaps given Hinch has highlighted his refusal to horsetrade).
Xenophon says he will talk about water later.
1.08am GMT
01:08
Nick Xenophon also underlines the fact that, between them, they have four votes which can block any government legislation.
Updated
at 1.11am GMT
1.07am GMT
01:07
The prime minister is back in the country. He will give a press conference in about 10 minutes.
1.06am GMT
01:06
Nick Xenophon is speaking now.
For first time whistleblowers will have real protections, the right to civil compensation and remedies that otherwise didn’t exist ... It applies at this stage to registered organisations, to unions and employer organisations, but there is a very firm commitment from the government to include this with a firm process within the next 18 months or earlier to our corporations and public sector.
He thanked everyone, including Prof A.J.Brown, the professor of law and governance at Griffith University, an expert on whistleblower protections and public expert exposures.
Derryn Hinch warns the government it must follow through and provide the same protection for corporate whistleblowers, noting he and Xenophon have four Senate votes between them.
People have been looking sceptically at us and saying we are trusting the government on a promise. If you don’t trust them, trust us. If they renegotiate on it we will come after them. There are four votes to come after them between us. That is something that should happen.
Updated
at 1.12am GMT
12.59am GMT
12.59am GMT
00:59
00:59
Feedback from dear reader. It’s a fair cop.
Feedback from dear reader. It’s a fair cop.
@gabriellechan Please please don't call Trump "leader of the free world". Firstly its an outdated cold war term. Secondly its Merkel anyway.
@gabriellechan Please please don't call Trump "leader of the free world". Firstly its an outdated cold war term. Secondly its Merkel anyway.
12.54am GMT
12.54am GMT
00:54
00:54
Nick Xenophon and Derryn Hinch are holding a press conference in five minutes on the registered orgs bill et al.
Nick Xenophon and Derryn Hinch are holding a press conference in five minutes on the registered orgs bill et al.
12.53am GMT
12.53am GMT
00:53
00:53
Doug Cameron wouldn't withdraw comments last night claiming Michaelia Cash needed Mathias Cormann to "hold her hand" pic.twitter.com/FnRxxDnQ8U
Doug Cameron wouldn't withdraw comments last night claiming Michaelia Cash needed Mathias Cormann to "hold her hand" pic.twitter.com/FnRxxDnQ8U
12.51am GMT
12.51am GMT
00:51
00:51
He’s only human.
He’s only human.
This was last night at around 2am. The Liberal senator Linda Reynolds suggested that he might want to be aware that Bowers was in the room. He said he didn’t care because was looking at the sky.
This was last night at around 2am. The Liberal senator Linda Reynolds suggested that he might want to be aware that Bowers was in the room. He said he didn’t care because was looking at the sky.
Just so you know, there are skylights in both chambers. It was dark at the time.
Just so you know, there are skylights in both chambers. It was dark at the time.
Updated
Updated
at 1.03am GMT
at 1.03am GMT
12.36am GMT
12.36am GMT
00:36
00:36
ABCC: deal or no deal? No deal. Yet.
ABCC: deal or no deal? No deal. Yet.
Paul Karp
Paul Karp
After the government passed its registered organisations commission bill at 2am on Tuesday morning, attention swung to the Australian Building and Construction Commission bill.
After the government passed its registered organisations commission bill at 2am on Tuesday morning, attention swung to the Australian Building and Construction Commission bill.
Nick Xenophon told Guardian Australia there is “no deal” on it (yet, that can obviously change). In return for his votes, Xenophon wants security of payments laws improved so that subcontractors are not ripped off.
Nick Xenophon told Guardian Australia there is “no deal” on it (yet, that can obviously change). In return for his votes, Xenophon wants security of payments laws improved so that subcontractors are not ripped off.
David Leyonhjelm said he is still in talks with the government over his vote. Leyonhjelm had asked for reform to section 18C of the Racial Discrimination Act in return for his vote but now says “realistically the government can’t deliver that” as Labor, the Greens and some in the Coalition oppose it.
David Leyonhjelm said he is still in talks with the government over his vote. Leyonhjelm had asked for reform to section 18C of the Racial Discrimination Act in return for his vote but now says “realistically the government can’t deliver that” as Labor, the Greens and some in the Coalition oppose it.
He said the government had come up with “a couple” of reforms to improve freedom to help sway his vote.
He said the government had come up with “a couple” of reforms to improve freedom to help sway his vote.
Asked what they were, Leyonhjelm replied:
Asked what they were, Leyonhjelm replied:
If I told you what they were I would have to kill you immediately after.
If I told you what they were I would have to kill you immediately after.
Yikes.
Yikes.
We’re endeavouring to find out what One Nation senator Rodney Culleton is thinking on the ABCC bill. He supported the registered orgs bill but has been much more critical of the ABCC.
We’re endeavouring to find out what One Nation senator Rodney Culleton is thinking on the ABCC bill. He supported the registered orgs bill but has been much more critical of the ABCC.
Updated
Updated
at 12.41am GMT
at 12.41am GMT
12.32am GMT
12.32am GMT
00:32
00:32
Paul Karp
Paul Karp
A reader, Captain Haymaker, has asked about the coercive powers of the ABCC.
A reader, Captain Haymaker, has asked about the coercive powers of the ABCC.
One of the key controversies with the Australian Building and Construction Commission is that it has coercive powers to compel evidence and force witnesses to testify. There is no right to refuse to give evidence, but it can’t be used in proceedings against the witness.
One of the key controversies with the Australian Building and Construction Commission is that it has coercive powers to compel evidence and force witnesses to testify. There is no right to refuse to give evidence, but it can’t be used in proceedings against the witness.
The current building industry regulator has similar coercive powers but the shadow employment minister, Brendan O’Connor, has argued that they are subject to the Administrative Appeals Tribunal giving its approval, a check the ABCC bill removes.
The current building industry regulator has similar coercive powers but the shadow employment minister, Brendan O’Connor, has argued that they are subject to the Administrative Appeals Tribunal giving its approval, a check the ABCC bill removes.
Before the election the Construction Forestry Mining Energy Union ran a series of provocative ads claiming that because unionists and others in the building industry wouldn’t enjoy the right against self-incrimination, they would have fewer rights than criminals including ice dealers.
Before the election the Construction Forestry Mining Energy Union ran a series of provocative ads claiming that because unionists and others in the building industry wouldn’t enjoy the right against self-incrimination, they would have fewer rights than criminals including ice dealers.
In an explainer about the controversy in April, the Australian Industry Group’s head of workplace relations policy, Stephen Smith, said the comparison between ice dealers and construction workers was “not valid” because industrial breaches are civil penalty provisions not crimes.
In an explainer about the controversy in April, the Australian Industry Group’s head of workplace relations policy, Stephen Smith, said the comparison between ice dealers and construction workers was “not valid” because industrial breaches are civil penalty provisions not crimes.
Smith argued other civil regulators including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission (ACCC) and the Australian Tax Office had the same powers.
Smith argued other civil regulators including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission (ACCC) and the Australian Tax Office had the same powers.
Updated
Updated
at 12.42am GMT
at 12.42am GMT
12.28am GMT
00:28
Bill Shorten: Nats get a conscience vote on guns but not marriage
Katharine Murphy
Labor MPs have gathered for their weekly meeting when parliament sits. Leader Bill Shorten approached his task today like an excited patron at an all you can eat restaurant.
Where to start? Salad? No, perhaps straight to the pavlova.
Shorten began by telling colleagues the prime minister must have been tempted to turn his plane around from Peru after yesterday’s parliamentary highlights from colleagues, which included Nationals crossing the floor to vote against the government’s position on gun regulation, and Peter Dutton musing that Malcolm Fraser shouldn’t have allowed Lebanese Muslims into Australia in the 1970s because a handful of their descendants have gone on to be charged with terrorism offences.
There was also George Brandis (described by Shorten as a gift that keeps on giving) calling his Queensland LNP colleagues mediocre, which Shorten said was like Barnaby Joyce saying someone was hard to understand or Paul Fletcher saying someone was dull.
On the guns vote, Shorten observed Nationals could get a conscience vote on letting a lever action shot gun into the country and but not on same sex marriage. On Lebanese Muslims, he said Labor was not inclined to call people who had been in the country for thirty years migrants, Labor was inclined to call these people Australians.
On legislation and parliamentary business, Labor resolved to support various government proposals, including its revised superannuation package (although it will move amendments during the Senate debate.) There were also three questions from MPs on the backpackers tax. One Labor MP was concerned the fruit wasn’t getting picked. The shadow treasurer Chris Bowen told colleagues Labor had resolved on a position on the backpacker tax and didn’t intend to back off because the Coalition was huffing and puffing. Bowen said the legislation was not yet in the Senate, and if the government thought they could pressure the opposition into any particular position, Labor’s response was let them try.
12.02am GMT
00:02
Former Fairfax award-winning journalist and newly minted professor Michael West has an interesting column on One Nation senator Rod Culleton. It is worth a full read but here are some highlights. West writes:
When [Culleton] is likely declared bankrupt again next month, unless he somehow staves off the hearing or comes into some money, it won’t necessarily affect his eligibility for parliament. One is allowed to go bankrupt while in office. The question is, was Rodney Culleton insolvent when he last emerged from bankruptcy and was therefore able to enter parliament?
Just to reprise the omissions in his AEC declaration:
1. His claim personally for $450,000.00 from DEQMO Pty Ltd.
2. His director role in the company Elite Grains Pty Ltd.
3. His shareholding a in Elite Grains.
4. The two judgment debts against him from Dick Lester for $203,000 and the PCL (ANZ) judgment debt of $4.3 million.
5. Loans from Bruce Dixon.
Finally, it is worth noting that One Nation party leader Pauline Hanson had been made aware of Culleton’s form back in April but still supported his candidacy.
Updated
at 12.24am GMT
11.52pm GMT
23:52
I just digress for a minute for a message from the new leader of the free world, Donald Trump, in which he outlines his agenda for the first 100 days, including withdrawing from the Trans-Pacific Partnership.
Only because his characterisation of his transition to government process reminded me of Tony Abbott’s messaging in his 2013 transition.
I’m confident that we will return to strong and stable government that calmly, purposefully, methodically sets about implementing its commitments.
And here is the Donald.
Our transition team is working very smoothy, efficiently and effectively.
There must be a manual somewhere.
Updated
at 12.02am GMT
11.43pm GMT
23:43
Just so you know.
#BREAKING US President-elect Donald Trump says he will move to withdraw from #TPP trade deal "on day one"
11.42pm GMT
23:42
One down, one to go: the ABC of the ABCC
Later today the ABCC bill will be debated in the Senate, following hot on the heels of the registered organisations. We insiders who are on the outside are not expecting a vote today but hey, anything could happen in the final fortnight.
So let’s just brush up.
The ABCC bill:
One Nation senators have said they will support the ABCC, with the exception of Rod Culleton, who has been a bit cagey. We don’t know where he stands as of this minute.
That leaves the government chasing four more votes. David Leyonhjelm wants other as yet unnamed libertarian amendments to unnamed legislation. So we will put him aside at this point.
Nick Xenophon with his three votes and Derryn Hinch want some sort of security of payment amendment. The problem they are hoping to solve is about subcontractors who getting stiffed on payments by larger or lead contractors on construction sites.
Given the government’s rhetoric revolves around jobs and growth and small business is supposed to be the engine room of growth, one would think security of payments should be a no brainer.
Les Williams of the Subcontractors Alliance says the issue is big contractors get the cheque for a job, employ small contractors who do the work, then big contractors either go broke or divert the money onto other jobs. Payments are either late or non-existent or renegotiated down due to assessment of “workmanship” after the fact. The small contractor has no money to employ lawyers to chase big builders who don’t pay.
Here is some of Williams submission he delivered to the crossbench:
The construction industry accounts for between 8 and 10% of GDP but 25% of all insolvencies.
Asic and the ATO advised a 2015 Senate committee inquiring into construction industry insolvency of an emerging business model involving company directors, their corporate advisors and liquidators.
This sanitised corporate description is better described as construction industry fraud that targets the revenue of and costs Australia’s 350,000 construction industry small business $3bn including employee entitlements and the ATO a further $700 million annually.
The number of construction company directors prosecuted for insolvent trading, fraud and breaches of duties is almost nil due to compromised ASIC reporting and protection by liquidators.
Williams said the problem with the ABCC is it just targets one side of the industry – unions (which is OK, he adds) – but there is a whole other side they are ignoring: big construction.
He said the big building companies are driving the ABCC bill targeting the unions but they don’t want to talk about the bad behaviour their members involved in.
I am sure if Australians knew what went on in this industry they would be appalled.
He said if One Nation was interested in working people they would not support the ABCC bill without amendments. He said in Pauline Hanson’s own state, there were 85,000 subcontractors employing 250,000 people.
Williams wants laws to be changed to ensure building payments are put into a trust fund, which is held at arm’s length from all companies to protect small contractors.
The difficulty is that state governments all have different versions of security of payments.
Earlier in the year, Xenophon met with stakeholders like Williams to look what could be done over security of payments. They all signed a joint statement that looked like this:
So that might give you an idea of where the ABCC amendments are heading.
Updated
at 12.08am GMT
10.39pm GMT
22:39
Culleton holding three thick sheafs of paper which he says is evidence of ANZ bank misconduct against farmers. pic.twitter.com/mII9L43mRc
10.39pm GMT
22:39
Rod Culleton has the drivin’ in him. You either do or you don’t.
Culleton is showing the room a video with shots of tractors, trucks and horse-racing - "that's my lead truck" pic.twitter.com/IIRLPOQlZg
10.13pm GMT
22:13
Tony Burke: Malcolm Fraser's mistake was he didn't stop the grandchildren?
That’s enough of last night. Because it is so last night.
The comments by immigration minister Peter Dutton regarding Lebanese Muslim Australians continue to ricochet around the nation.
Dutton said former Liberal party prime minister Malcolm Fraser should not have let Lebanese Muslims into Australia in the 1970s because a small cohort of people had been charged with terrorism-related offences.
The advice I have is that out of the last 33 people who have been charged with terrorist-related offences in this country, 22 of those people are from second- and third-generation Lebanese-Muslim background.
Labor’s Tony Burke, whose electorate of Watson takes in large Muslim Australian communities, was flabbergasted.
I was astonished. I expect the people angriest about this would be security agencies. Peter Dutton has attacked a group that last been cooperating so closely with our security agencies. His argument is Malcolm Fraser should not have allowed certain individuals into Australia based on their race and religion because of the grandchildren they would have?
Malcolm Fraser’s mistake was that he didn’t stop the grandchildren? This is a bizarre, weird argument of racial profiling. I’m sure this is not the sort of argument that the old Malcolm Turnbull would have wanted to lead as prime minister and now that Malcolm Turnbull is back in the country, it will be interesting to see whether or not he is of the same view as Peter Dutton. He’s declared a war on a community that has been so important in cooperation with local authorities.
Which gives you a pretty good idea of what Labor’s first question will be in question time.
My question is to the prime minister. Do you agree with the comments of your immigration minister …
Updated
at 10.54pm GMT
10.01pm GMT
22:01
Penny Wong: Your side has never liked trade unions
Penny Wong spoke against the registered organisations bill, describing it as the last instalment in a long line of conservative actions against trade unions.
The fact is that those on the other side and their predecessors, the conservatives of Australian politics, have never accepted that trade unions play a legitimate and important role in our workplaces and in our society. From Stanley Bruce, who tried to scrap the federal arbitration system in the 1920s, to John Howard’s Work Choices legislation, which cut pay and conditions for Australian working people, it is the same ideological agenda over decades: Liberals and their predecessors always want to attack trade unions, deregulate the labour market, cut wages and conditions, and reduce the fundamental rights and protections for working people. That is who they are, that is what they believe, and this bill is simply another instalment in that story.
9.56pm GMT
21:56
Derryn Hinch: extend whistleblower protections from unions to corporate sector
Now to the registered orgs debate.
Senator Derryn Hinch spoke to the bill and gave a sense of the sort of thing crossbenchers have experienced.
In recent weeks, I have spent a lot of time with ministers, shadow ministers, union officials, including from the CFMEU, and other senators. I will be voting for the amended bill, if the planned amendments pass. To get to this position, I have read many proposed amendments. I have supported some, and I have rejected others. The opposition encouraged crossbenchers to work on amendments. I suspect the big picture—as Paul Keating would say—was to get this bill and the ABCC legislation watered down as much as possible so that if, in the end, they did get passed, they would be closer to a gelding than a stallion.
But in the end, Hinch argued the registered organisations bill was needed.
This legislation has been a long time coming. It is time, I believe, for a full-time, independent regulator for this sector, which has been wracked with scandal, rather than the current body dealing with it part time. The union movement will only be strengthened if potential members can be confident that all of their leadership are working to benefit members, not to personally benefit themselves. I do not see this as an attack on unions. I see it as an effective way to improve the way that this sector is governed. No-one, including people within the union movement, wants to see a repeat of the Kathy Jackson or the Craig Thomson rorts. Kathy Jackson misappropriated $900,000 from the Health Services Union. Craig Thomson squandered $300,000 of union members’ money—much of it on prostitutes.
So Hinch and Nick Xenophon voted for the bill only after amendments were included for whistleblowers.
It would cover anonymity, compensation and protection. Even though it now deals specifically with unions, it must in the near future be extended with the same powers and the same protections to whistleblowers in the corporate sector. As my grandma used to say, ‘What’s sauce for the goose is sauce for the gander.’
Hinch said when he was railing against Kathy Jackson and Craig Thomson in his various media programs, he never thought he would be in a position to do something about the “selfish, self-serving thieves”. It became personal.
I will admit that in this case it is partly personal. When the stories started coming out about Craig Thomson spending $500 a time on hookers I was actually lying in a hospital bed, and watching members of his old union, the Health Services Union, doing menial tasks for about, I guess, $15 an hour. I remember that I watched a middle-aged European woman with a mop cleaning up after a burst colostomy bag. I thought at the time that her union fees for the year would probably be around the $500 that Thomson spent on one prostitute in one assignation. Maybe better auditing would have sprung people like Thomson, Kathy Jackson and Michael Williamson, and it may have sprung them hundreds of thousands of dollars earlier.
