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| Senate votes for inquiry into George Brandis and Bell litigation – politics live | |
| (35 minutes later) | |
| 5.29am GMT | |
| 05:29 | |
| Nick Xenophon says he is not being fobbed off. He believes extra water will flow to South Australia. And he can now turn his attention to the Australian Building and Construction Commission bill. | |
| What it means in relation to a vote on the ABCC, we can now consider the ABCC legislation on its merits and there are issues we are working through in relation with the government. | |
| He says the ABCC bill probably will not be dealt with until Wednesday night or Thursday. | |
| We should see some amendments soon. | |
| 5.25am GMT | |
| 05:25 | |
| Nick Xenophon is holding a press conference now regarding the promises he extracted from government. The major factors of this deal relate to accountability processes. | |
| Someone asks, there is no extra money for South Australia? | |
| Xenophon says there is still $1.78bn on the table for the extra 450GL that is at issue. | |
| The money will not be taken away and the money needs to be spent in an orderly process and that orderly process is listening to the scientists and ensuring that there is political will to drive this forward. The fact that it is now, ahead of COAG, year after year, so the plan can be implemented, is a significant breakthrough. | |
| 5.17am GMT | |
| 05:17 | |
| For and against the George Brandis inquiry | |
| Vote was 36-29 to establish the George Brandis inquiry | |
| Voting for inquiry | |
| Against | |
| Updated | |
| at 5.26am GMT | |
| 5.12am GMT | |
| 05:12 | |
| Brandis inquiry to examine agreement between commonwealth and the WA government | |
| This is the full terms of the George Brandis inquiry successfully moved by senators Watt and McKim. | |
| To move: | |
| That the following matter be referred to the legal and constitutional affairs references committee for inquiry and report by 21 March 2017: | |
| (1) The nature and scope of any agreement reached by the commonwealth and Western Australian governments in relation to the distribution of proceeds of the liquidation of, and litigation concerning, the Bell Group of companies (the proceeds), with particular reference to: | |
| (a) the priority order for distribution of the proceeds; | |
| (b) the commonwealth’s position in relation to the distribution of, and litigation concerning, the proceeds; | |
| (c) any connection between the above and the settlement of other disputes between the commonwealth and Western Australian governments, including regarding the distribution of GST revenue between the states; | |
| (d) any direction or instruction given by the attorney general to the solicitor general, either directly or through his office or department, in relation to the conduct of litigation concerning the proceeds; | |
| (e) any connection between the above and the issuing of the legal services amendment (solicitor general opinions) direction; and | |
| (f) any other related matter. | |
| (2) That the Senate directs the attorney general (Senator Brandis) and the minister for finance (Senator Cormann) to appear before the committee to answer questions | |
| Updated | |
| at 5.20am GMT | |
| 5.08am GMT | |
| 05:08 | |
| Nick Xenophon reaches a deal on water IN WRITING | |
| The full statement from Xenophon: | |
| In the past few days I have been involved in extensive discussions with prime minister Malcolm Turnbull and South Australian premier Jay Weatherill, in respect to the implementation of the Murray-Darling Basin plan and the adherence to the 2013 Intergovernmental Agreement between the Basin States and the Commonwealth. | |
| I have done so in close consultation with my colleagues Senators Griff and Kakoschke-Moore and particularly the member for Mayo, Rebekha Sharkie MP. I also note that there have been extensive discussions between the prime minister and Premier Weatherill. | |
| Today I have been copied in to a letter from the prime minister to the premier and other basin state members. | |
| In light of that letter, and as a result of discussions with Premier Weatherill and with the prime minister today, I consider there is now a much better process in place to ensure implementation of the plan. | |
| Elevating the implementation of the plan to first minister’s Level at Coag twice a year and ensuring, for the first time, a separate and comprehensive cross-portfolio Senate estimates process twice a year, are two significant accountability measures. | |
| Obviously, given the nature of the plan, its longitudinal scope, the funds and projects involved, there is a need for ongoing vigilance and commitment to its implementation. | |
| Together with my Senate colleagues and particularly Rebekha Sharkie MP, I am committed to working constructively with the prime minister and Premier Weatherill and all basin states to ensure the plan is successfully and fairly implemented. | |
| Updated | |
| at 5.12am GMT | |
| 5.02am GMT | |
| 05:02 | |
| Senate votes for inquiry into George Brandis and Bell litigation | |
| The motion moved by Labor and the Greens won 36-29. Which means there must be a few people missing... | |
| 4.57am GMT | |
| 04:57 | |
| Labor and the Greens move Brandis inquiry | |
| Labor’s Murray Watt has moved the motion to send the Brandis matter to a senate legal and constitutional affairs references committee for investigation. The senate is voting now. | |
| 4.55am GMT | |
| 04:55 | |
| Marriage equality senate committee in the wind | |
| Paul Karp | |
| Labor, the Greens, the Nick Xenophon Team and senator Derryn Hinch announced on Tuesday they will combine to refer the government’s exposure draft for changes to the Marriage Act to legalise same-sex marriage to a Senate select committee. | |
| The draft was released by attorney general George Brandis before the plebiscite bill was voted down and the government has not introduced it to the lower house. | |
| It’s time for us to have a look together as a parliament about what the community is prepared to accept and what we as parliamentarians prepared to look at to find a way forward,” Labor senator Louise Pratt explained. | |
| Greens leader Richard Di Natale, Hinch and NXT’s Skye Kakoschke-Moore all stressed the committee process was a way to keep the issue of marriage equality on the agenda. | |
| Labor and the Greens have both expressed concerns with the exposure draft, particularly about exemptions for civil celebrants and religious organisations (rather than just ministers of religion) to refuse gay weddings. | |
| Asked whether the inquiry might expose the differences between what the Coalition and others will accept rather than heal the rift, Pratt said she would not prejudge the outcome of the inquiry but hoped it would “take the heat out of the issue” to find an acceptable bill. | |
| Labor’s equality spokeswoman Terri Butler stressed the committee would have four government and four non-government members, and was therefore “built for consensus”. | |
| Updated | |
| at 4.55am GMT | |
| 4.51am GMT | 4.51am GMT |
| 04:51 | 04:51 |
| Labor’s Tony Burke and Penny Wong have held a press conference on the Murray Darling Basin argument between Nick Xenophon and Barnaby Joyce. | Labor’s Tony Burke and Penny Wong have held a press conference on the Murray Darling Basin argument between Nick Xenophon and Barnaby Joyce. |
| At issue is the extra 450GL promised to South Australia under Labor if it has no detrimental effects upstream. Joyce has suggested in a letter to the SA government that the 450GL extra is not possible under the terms of the Murray Darling Basin plan. Joyce essentially confirmed that in parliament again today. | At issue is the extra 450GL promised to South Australia under Labor if it has no detrimental effects upstream. Joyce has suggested in a letter to the SA government that the 450GL extra is not possible under the terms of the Murray Darling Basin plan. Joyce essentially confirmed that in parliament again today. |
| Xenophon has threatened to not deal on other bills until the water is sorted. | Xenophon has threatened to not deal on other bills until the water is sorted. |
| Labor is saying the way to implement the extra water is contained in the plan. | Labor is saying the way to implement the extra water is contained in the plan. |
| The plan tells the government exactly how to do it, says Tony Burke who helped draft the MDB plan as Labor water minister. | The plan tells the government exactly how to do it, says Tony Burke who helped draft the MDB plan as Labor water minister. |
| Penny Wong warns Nick Xenophon, make sure your actions matches your words. | Penny Wong warns Nick Xenophon, make sure your actions matches your words. |
| 4.19am GMT | 4.19am GMT |
| 04:19 | 04:19 |
| Updated | Updated |
| at 4.27am GMT | at 4.27am GMT |
| 4.17am GMT | 4.17am GMT |
| 04:17 | 04:17 |
| Updated | Updated |
| at 4.20am GMT | at 4.20am GMT |
| 4.13am GMT | 4.13am GMT |
| 04:13 | 04:13 |
| Jim Chalmers to Malcolm Turnbull: I refer to the PM’s previous answers and to a new report that he divested his interests in a vulture fund which profited from foreclosing [on] Hurricane Katrina victims. Why has the PM now suddenly decided to avoid investing in funds that exploit vulnerable people and will the PM finally sell his holdings in managed funds which invest in 7-Eleven, a company which is notorious for exploiting workers? | Jim Chalmers to Malcolm Turnbull: I refer to the PM’s previous answers and to a new report that he divested his interests in a vulture fund which profited from foreclosing [on] Hurricane Katrina victims. Why has the PM now suddenly decided to avoid investing in funds that exploit vulnerable people and will the PM finally sell his holdings in managed funds which invest in 7-Eleven, a company which is notorious for exploiting workers? |
| This relates to a Daily Telegraph story by Sharri Markson. | This relates to a Daily Telegraph story by Sharri Markson. |
| Prime minister Malcolm Turnbull has withdrawn more than $1m from a US hedge fund that exploits hardship by swooping on family homes and businesses when they hit troubled times. | Prime minister Malcolm Turnbull has withdrawn more than $1m from a US hedge fund that exploits hardship by swooping on family homes and businesses when they hit troubled times. |
| The Daily Telegraph can reveal Mr Turnbull has invested in seven high-return funds, which combined have a minimum buy-in of $20m, some of which back distressed assets and bankrupt businesses. | The Daily Telegraph can reveal Mr Turnbull has invested in seven high-return funds, which combined have a minimum buy-in of $20m, some of which back distressed assets and bankrupt businesses. |
| Others engage in short-selling, where investors profit from the share price of a business falling. | Others engage in short-selling, where investors profit from the share price of a business falling. |
| Mr Turnbull, who is worth an estimated $183m, does not directly control his investments. His portfolio is handled by investment adviser, Linden Global Strategies founder Josephine Linden. | Mr Turnbull, who is worth an estimated $183m, does not directly control his investments. His portfolio is handled by investment adviser, Linden Global Strategies founder Josephine Linden. |
| Turnbull says he has an investment adviser who decides which managed funds he puts money into. | Turnbull says he has an investment adviser who decides which managed funds he puts money into. |
| That’s for obvious reasons, so it is accountable, it’s transparent but it also involves any personal involvement that can create conflicts of the kind that honourable members and the public would be concerned about. As far as 7-Eleven is concerned, it is a part of the Japanese index, and so any fund that has an investment in the Japanese index, as most big managed funds do, will have therefore a derived and very small investment. | That’s for obvious reasons, so it is accountable, it’s transparent but it also involves any personal involvement that can create conflicts of the kind that honourable members and the public would be concerned about. As far as 7-Eleven is concerned, it is a part of the Japanese index, and so any fund that has an investment in the Japanese index, as most big managed funds do, will have therefore a derived and very small investment. |
| He warns the opposition that Australian Super invests in the 7-Eleven holding company and | He warns the opposition that Australian Super invests in the 7-Eleven holding company and |
| Cbus, the construction and building superannuation fund, backed by the CFMEU, indeed Cesar Melham was a director of it until 2013, now, according to Cbus’s total private equity holdings as at 30 June last year, Cbus held investments in a number of distressed opportunity funds – Segalla distressed opportunity funds 3 and 2 and those funds are obviously ones which invest in distressed assets. The reality is that all of these big managed funds have a variety of assets and the important thing is that they are accountable. | Cbus, the construction and building superannuation fund, backed by the CFMEU, indeed Cesar Melham was a director of it until 2013, now, according to Cbus’s total private equity holdings as at 30 June last year, Cbus held investments in a number of distressed opportunity funds – Segalla distressed opportunity funds 3 and 2 and those funds are obviously ones which invest in distressed assets. The reality is that all of these big managed funds have a variety of assets and the important thing is that they are accountable. |
| Updated | Updated |
| at 4.27am GMT | at 4.27am GMT |
| 4.05am GMT | 4.05am GMT |
| 04:05 | 04:05 |
| Backbench #QT Tony Abbott fills out xmas cards & Kevin Andrews reads " A history of Italian Cycling" @gabriellechan pic.twitter.com/P4haekLppA | Backbench #QT Tony Abbott fills out xmas cards & Kevin Andrews reads " A history of Italian Cycling" @gabriellechan pic.twitter.com/P4haekLppA |
| 4.04am GMT | 4.04am GMT |
| 04:04 | 04:04 |
| Plibersek to O’Dwyer: Has the minister or her office received any written correspondence from the attorney general about the WA kickback scandal? And will the minister now undertake to the House to table all documents related to the scandal? | Plibersek to O’Dwyer: Has the minister or her office received any written correspondence from the attorney general about the WA kickback scandal? And will the minister now undertake to the House to table all documents related to the scandal? |
| Kelly O’Dwyer says she is responsible for the Australian Tax Office and she has sought advice on the Bell litigation. | Kelly O’Dwyer says she is responsible for the Australian Tax Office and she has sought advice on the Bell litigation. |
| [The ATO] have given very clear advice that they needed to ensure that they intervened in the high court proceedings and I supported them fully in that action. Now, when it comes to correspondence I have received from other members of parliament, I’m very happy to check my records and report back to the House. | [The ATO] have given very clear advice that they needed to ensure that they intervened in the high court proceedings and I supported them fully in that action. Now, when it comes to correspondence I have received from other members of parliament, I’m very happy to check my records and report back to the House. |
| Updated | Updated |
| at 4.05am GMT | at 4.05am GMT |
| 4.00am GMT | 4.00am GMT |
| 04:00 | 04:00 |
| 3.57am GMT | 3.57am GMT |
| 03:57 | 03:57 |
| Malcolm Turnbull expresses full confidence in George Brandis | Malcolm Turnbull expresses full confidence in George Brandis |
| Shorten to Turnbull: At exactly this time last year, the PM stood at the dispatch box and expressed full confidence in ministers Briggs, Brough and the member for Fadden. One year on, in the last week of this parliament for this year, will the PM express the same full confidence in the attorney general? | Shorten to Turnbull: At exactly this time last year, the PM stood at the dispatch box and expressed full confidence in ministers Briggs, Brough and the member for Fadden. One year on, in the last week of this parliament for this year, will the PM express the same full confidence in the attorney general? |
| Turnbull: | Turnbull: |
| Of course I do. | Of course I do. |
| Updated | Updated |
| at 4.04am GMT | at 4.04am GMT |
| 3.53am GMT | 3.53am GMT |
| 03:53 | 03:53 |
| Mark Dreyfus to Malcolm Turnbull: The Bell Group case began in the high court in November 2015. A barrister appeared for the commonwealth in the high court on 8th February in the Bell Group case. How is it possible that the attorney general was not aware of this litigation until March? (which Brandis said in the Senate statement). | Mark Dreyfus to Malcolm Turnbull: The Bell Group case began in the high court in November 2015. A barrister appeared for the commonwealth in the high court on 8th February in the Bell Group case. How is it possible that the attorney general was not aware of this litigation until March? (which Brandis said in the Senate statement). |
| Turnbull says the Bell litigation has been going for 20 years, the commonwealth was represented and the tax office was represented. | Turnbull says the Bell litigation has been going for 20 years, the commonwealth was represented and the tax office was represented. |
| (Therefore nothing to see here.) | (Therefore nothing to see here.) |
| Turnbull: | Turnbull: |
| The reality is that the interests of the commonwealth were always protected. The interests of the ATO were always protected but it has to be said this endless litigation is continuing and the only beneficiaries are the members of the legal profession. | The reality is that the interests of the commonwealth were always protected. The interests of the ATO were always protected but it has to be said this endless litigation is continuing and the only beneficiaries are the members of the legal profession. |
| Updated | Updated |
| at 4.03am GMT | at 4.03am GMT |
| 3.47am GMT | 3.47am GMT |
| 03:47 | 03:47 |
| Labor’s Mark Dreyfus to Malcolm Turnbull: Will the PM on behalf of the commonwealth waive legal privilege in communications with the attorney general about the WA kickbacks scandal so the truth can be revealed? | Labor’s Mark Dreyfus to Malcolm Turnbull: Will the PM on behalf of the commonwealth waive legal privilege in communications with the attorney general about the WA kickbacks scandal so the truth can be revealed? |
| Turnbull, who is firing up more often these days: | Turnbull, who is firing up more often these days: |
| The only kickback scandals that is being investigated today is the one relating to Cesar Melham and the Fair Work Commission. That’s what is being investigated today and it is that type, that type of corruption, that the opposition seeks to protect by its trenchant resistance to the reforms represented by the registered organisations bill, happily passed now by the parliament, and their continued opposition to the restoration of the Australian Building and Construction Commission. | The only kickback scandals that is being investigated today is the one relating to Cesar Melham and the Fair Work Commission. That’s what is being investigated today and it is that type, that type of corruption, that the opposition seeks to protect by its trenchant resistance to the reforms represented by the registered organisations bill, happily passed now by the parliament, and their continued opposition to the restoration of the Australian Building and Construction Commission. |
| Updated | Updated |
| at 3.54am GMT | at 3.54am GMT |