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Eric Abetz: I may have crossed floor if Turnbull did not act on China treaty – politics live Julie Bishop to Lib MPs: I don't recall any concerns during China treaty process – politics live
(35 minutes later)
2.55am BST
02:55
Paul Karp
Labor foreign affairs spokeswoman, Penny Wong, has said shadow cabinet and caucus had decided not to proceed with ratification of the China extradition treaty “at this time”.
We appreciate that the Chinese government is very clear about wanting the treaty ratified at this stage, however we believe the dissenting report of the Labor members on the joint standing committee on treaties ... expresses a very sensible position.
Labor wants the Extradition Act to be reviewed, not just in relation to the Chinese treaty, but other treaties. Shadow attorney general, Mark Dreyfus, added that there were concerns that the treaty there wasn’t a clause creating a discretion not to extradite if the circumstances were “unjust or oppressive”.
Despite Julie Bishop saying the Chinese did link extradition treaty with prisoner transfers, Dreyfus said they shouldn’t be linked because they are separate.
The transfer of prisoner arrangement has been working well - we expect that to continue.
Asked about Bishop’s praise of the Labor leadership and surprise that it had opposed the treaty, Wong denied that Labor had changed position since the Jscot process.
She noted that every single member of the Senate crossbench, former prime minister Tony Abbott and “a great many members of the Liberal party” had expressed concern at the treaty.
2.50am BST
02:50
Gareth Hutchens
Labor caucus met this morning. They discussed 18C, two separate banking inquiry bills and the government’s extradition treaty with China.
On 18C, Indigenous MP Patrick Dodson said the government’s handling of the process had been a “shambles”.
“If it was an Aboriginal organisation it would be sacked,” he said of the government.
He said some Indigenous groups weren’t even allowed to present to the 18C senate inquiry.
On the banking and financial services commission of inquiry bills, there are two bills: a cross bench bill moved by the Greens and introduced to the Senate, and a bill introduced in the lower house by independent MP Bob Katter.
Labor says it will support both bills, even though the bills fall short of establishing a full royal commission into the banking industry.
Regarding the extradition treaty with China, Bill Shorten said the recommendation from shadow cabinet was to not ratify the treaty “at this time”.
He said the joint standing committee on treaties provided a clear signal and pathway for the prime minister, Malcolm Turnbull, which “he should have taken”.
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2.46am BST
02:46
Greens leader Richard Di Natale supports the Labor motion to suspend standing orders.
He said he thought the changes to 18C were dumped, after all if Tony Abbott dumped them (in 2014), no one could bring them back.
But Di Natale says it’s like a bad zombie move, they keep coming back and back and back.
He notes the previous Human Rights Committee report, which had a majority of Coalition members, could not even fully support amending the Racial Discrimination Act.
It’s not often I agree with Barnaby Joyce but he belled the cat. It is not a conversation around kitchen tables.
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2.44am BST
02:44
Attorney general George Brandis says yet again, Labor is delaying the bill. He gives a short history of the 18C amendments, from the Coalition promise to change the act at the 2013 elections.
He says 18C has been:
used for the persecution of innocent Australians.
used for the persecution of the late, great Bill Leak
used for the persecution over a wise crack by university students.
He says in the previous human rights committee inquiry, there were nine full days of public hearings including in every single capital city in Australia.
The Senate can deal with the matter as it always intended to do ... and should not be used by Senator Wong to play politics on this issue.
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2.38am BST
02:38
Labor moves to suspend standing orders to delay 18C debate until Thursday
Labor leader in the senate Penny Wong is now suspending standing orders in the senate over the Racial Discrimination Act. She says the whole thing has been rushed through the house, given the:
Bill was introduced last Wednesday.
Bill referred to a half day inquiry.
Bill report just tabled.
No Indigenous representatives allowed to speak to the half day hearing.
She wants the debate deferred until Thursday to allow time to digest the bill.
It really does say everything about this government, about its real views on freedom of speech.
Wong says the government just wants to get the vote over with.
They want to just rush it through ... the optics of this bill is entirely internal.
Wong says the government has flagged amendments to its own bill which have not been brought to the Senate. And yet, senators have to debate and vote on it.
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2.33am BST
02:33
Lunchtime speed politics
Turnbull dumps resolution to ratify China extradition treaty after mutiny in Coalition party room, Labor, Greens and assorted senators. Face plant ensues.
Australian Energy Market Operator delivers final report into South Australian blackouts. Reasons are complex but wind settings an issue out of wider problems and part of the solution as well.
18C debate coming up now on changes to the Racial Discrimination Act.
2.26am BST
02:26
Debate and report into 18C amendments is coming up in the senate. This is the speakers list.
WONG
DI NATALE
ABETZ
BILYK
ROBERT
REYNOLDS
WATT
LAMBIE
PATERSON
BROWN
MCKIM
PRATT
SIEWERT
MOORE
BERNARDI
LINES
SINGH
POLLEY
CHISHOLM
BRANDIS
2.23am BST2.23am BST
02:2302:23
Julie Bishop to Lib MPs: I don't recall any concerns during treaty processJulie Bishop to Lib MPs: I don't recall any concerns during treaty process
Paul KarpPaul Karp
Foreign minister, Julie Bishop, has said she would continue to work with Labor to get the China extradition treaty ratified because it is “undoubtedly in Australia’s national interests”.Foreign minister, Julie Bishop, has said she would continue to work with Labor to get the China extradition treaty ratified because it is “undoubtedly in Australia’s national interests”.
Asked whether there was a link between the extradition treaty and prisoner transfer agreement, Bishop said “yes, they were signed at the same time, in 2007” and confirmed that the Chinese consider them linked. It was raised on the recent visit by premier Li Keqiang, she said.Asked about Crown employees in custody in China, Bishop did not explain if they were directly affected but said Australia would continue to make representations on their behalf.Asked whether there was a link between the extradition treaty and prisoner transfer agreement, Bishop said “yes, they were signed at the same time, in 2007” and confirmed that the Chinese consider them linked. It was raised on the recent visit by premier Li Keqiang, she said.Asked about Crown employees in custody in China, Bishop did not explain if they were directly affected but said Australia would continue to make representations on their behalf.
Bishop said she thought Labor’s concerns from the dissenting report had been addressed but, since caucus had opposed the treaty, it was now “far preferable” to withdraw the instrument and seek to address them than see the disallowance succeed.Bishop said she thought Labor’s concerns from the dissenting report had been addressed but, since caucus had opposed the treaty, it was now “far preferable” to withdraw the instrument and seek to address them than see the disallowance succeed.
She praised Labor leader Bill Shorten, foreign affairs spokeswoman Penny Wong and shadow attorney general Mark Dreyfus for being “very constructive” in discussions and said they had gone through the “proper process” in their party. She said she had not spoken to them yet about how to better address Labor’s concerns.Asked about divisions in her own party, Bishop said “a number but not the majority by any means” present at a party briefing had concerns but the treaty went through a committee process and “I don’t recall any of those who are now raising concerns raising concerns during the treaty-making process”. She praised Labor leader Bill Shorten, foreign affairs spokeswoman Penny Wong and shadow attorney general Mark Dreyfus for being “very constructive” in discussions and said they had gone through the “proper process” in their party. She said she had not spoken to them yet about how to better address Labor’s concerns.Asked about divisions in her own party, Bishop said “a number but not the majority by any means” present at a party briefing had concerns, but the treaty went through a committee process and “I don’t recall any of those who are now raising concerns raising concerns during the treaty-making process”.
“We, of course, were relying on the Labor party to support it, we don’t have a majority in the Senate so we can’t deliver it on our own.”“We, of course, were relying on the Labor party to support it, we don’t have a majority in the Senate so we can’t deliver it on our own.”
Bishop confirmed that, despite Tony Abbott speaking out against the treaty on Tuesday, ratification was Liberal policy since John Howard was prime minister and throughout Abbott’s term.Bishop confirmed that, despite Tony Abbott speaking out against the treaty on Tuesday, ratification was Liberal policy since John Howard was prime minister and throughout Abbott’s term.
Bishop stressed the safeguards in the China extradition treaty, including that the minister has an discretion to refuse extradition for grounds including applicability of the death penalty, or humanitarian grounds including whether the person would receive a fair trial. The federal court also would have oversight of ministerial decisions allowing extradition. Bishop stressed the safeguards in the China extradition treaty, including that the minister has the discretion to refuse extradition for grounds including applicability of the death penalty, or humanitarian grounds including whether the person would receive a fair trial. The federal court also would have oversight of ministerial decisions allowing extradition.
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2.19am BST2.19am BST
02:1902:19
Eric Abetz: I may have crossed the floor if Turnbull did not act on treatyEric Abetz: I may have crossed the floor if Turnbull did not act on treaty
Abbott BFF Eric Abetz does not support the China extradition treaty and hopes this is the end of the issue.Abbott BFF Eric Abetz does not support the China extradition treaty and hopes this is the end of the issue.
While China is a close neighbour and friend of Australia, I believe it would be unwise to support an extradition treaty with China and I am pleased that the prime minister has taken on board the serious concerns raised by a number of Coalition members.While China is a close neighbour and friend of Australia, I believe it would be unwise to support an extradition treaty with China and I am pleased that the prime minister has taken on board the serious concerns raised by a number of Coalition members.
Given China’s poor track record on human rights and natural justice, I was grappling with how I could support such a regulation.Given China’s poor track record on human rights and natural justice, I was grappling with how I could support such a regulation.
Given the long-held convention of Liberal Members and Senators having the freedom to cross the floor, should this matter have come to a vote I, along with a number of colleagues, may have been forced to cross the floor.Given the long-held convention of Liberal Members and Senators having the freedom to cross the floor, should this matter have come to a vote I, along with a number of colleagues, may have been forced to cross the floor.
UpdatedUpdated
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1.57am BST1.57am BST
01:5701:57
AAP reports the NSW farmer who shot dead an environmental officer over a land clearing dispute has died in jail from a terminal illness.AAP reports the NSW farmer who shot dead an environmental officer over a land clearing dispute has died in jail from a terminal illness.
Convicted murderer Ian Turnbull, 82, died at the Prince of Wales hospital on Monday after being moved there from Long Bay jail on 20 March, a NSW Corrective Services spokeswoman said 0n Tuesday.The farmer was jailed last year for at least 24 years for murdering Glen Turner, 51, and detaining his colleague, Robert Strange, for advantage on 29 July, 2014, as the two officers carried out compliance work near the farmer’s property at Croppa Creek in the state’s north.He shot Turner twice and ignored Strange’s pleas to stop, firing the third and fatal shot as his victim made a desperate dash for safety.At Turnbull’s sentencing last June, Justice Peter Johnson said Turnbull had built up a strong resentment – even hatred – for Turner and his employer, the Office of Environment and Heritage, over battles about illegal land clearing.More recently Turnbull suffered a stroke in jail and was being sued by his second-eldest son over claims the farmer reneged on a long-standing promise to hand over farm land.It is understood the NSW supreme court case will not be affected by Turnbull’s death and the civil suit will proceed.Convicted murderer Ian Turnbull, 82, died at the Prince of Wales hospital on Monday after being moved there from Long Bay jail on 20 March, a NSW Corrective Services spokeswoman said 0n Tuesday.The farmer was jailed last year for at least 24 years for murdering Glen Turner, 51, and detaining his colleague, Robert Strange, for advantage on 29 July, 2014, as the two officers carried out compliance work near the farmer’s property at Croppa Creek in the state’s north.He shot Turner twice and ignored Strange’s pleas to stop, firing the third and fatal shot as his victim made a desperate dash for safety.At Turnbull’s sentencing last June, Justice Peter Johnson said Turnbull had built up a strong resentment – even hatred – for Turner and his employer, the Office of Environment and Heritage, over battles about illegal land clearing.More recently Turnbull suffered a stroke in jail and was being sued by his second-eldest son over claims the farmer reneged on a long-standing promise to hand over farm land.It is understood the NSW supreme court case will not be affected by Turnbull’s death and the civil suit will proceed.
Days after the shooting, Barnaby Joyce called for a review of the NSW land clearing laws. His local Northern Daily Leader reported Joyce said that while “you can never make excuses for something like this”,Days after the shooting, Barnaby Joyce called for a review of the NSW land clearing laws. His local Northern Daily Leader reported Joyce said that while “you can never make excuses for something like this”,
You have this crazy situation where you don’t own the vegetation on your land, the state government does, and many people have had enough,” he said.You have this crazy situation where you don’t own the vegetation on your land, the state government does, and many people have had enough,” he said.
NSW laws have since been changed back towards farmers, including the creation of a $240m Biodiversity Conservation Trust to pay farmers to protect biodiversity, a move the Environmental Defenders Office says could result in a loss of biodiversity.NSW laws have since been changed back towards farmers, including the creation of a $240m Biodiversity Conservation Trust to pay farmers to protect biodiversity, a move the Environmental Defenders Office says could result in a loss of biodiversity.
UpdatedUpdated
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1.43am BST1.43am BST
01:4301:43
@gabriellechan NO TREATY FOR YOU. @murpharoo #politicslive pic.twitter.com/ygr38OLilk@gabriellechan NO TREATY FOR YOU. @murpharoo #politicslive pic.twitter.com/ygr38OLilk
1.42am BST1.42am BST
01:4201:42
Craig Laundy tells Sky the Chinese extradition treaty has nothing to do with the arrests of three Crown casino staff, currently held in China.Craig Laundy tells Sky the Chinese extradition treaty has nothing to do with the arrests of three Crown casino staff, currently held in China.
(There has been some speculation the the deal needs to be signed for those staff.)(There has been some speculation the the deal needs to be signed for those staff.)
Laundy disagrees.Laundy disagrees.
UpdatedUpdated
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1.39am BST1.39am BST
01:3901:39
Liberal MP for Reid Craig Laundy is speaking in favour of the China extradition treaty.Liberal MP for Reid Craig Laundy is speaking in favour of the China extradition treaty.
It’s our legal system that is reviewing the case before extradition ... You have a chance to defend yourself here before you are actually extradited.It’s our legal system that is reviewing the case before extradition ... You have a chance to defend yourself here before you are actually extradited.
UpdatedUpdated
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1.36am BST1.36am BST
01:3601:36
Paul KarpPaul Karp
The Greens party room meeting has discussed the effects test, Native Title changes and company tax cuts.The Greens party room meeting has discussed the effects test, Native Title changes and company tax cuts.
The Greens are concerned that although the Liberals support adding an effects test to competition law in theory, in practice they may be loading bills with unpalatable changes to sink them because the Nationals forced them to adopt the new test.The Greens are concerned that although the Liberals support adding an effects test to competition law in theory, in practice they may be loading bills with unpalatable changes to sink them because the Nationals forced them to adopt the new test.
The Greens dislike a plan to remove a pre-existing effects test for the telecommunications industry, and a proposal to increase penalties for secondary boycotts.The Greens dislike a plan to remove a pre-existing effects test for the telecommunications industry, and a proposal to increase penalties for secondary boycotts.
On Native Title, the Greens won’t support government legislation to change the law on challenging land use agreements, believing the changes have been rushed and insufficient consultation with Aboriginal and Torres Strait Islanders has occurred.On Native Title, the Greens won’t support government legislation to change the law on challenging land use agreements, believing the changes have been rushed and insufficient consultation with Aboriginal and Torres Strait Islanders has occurred.
On company tax, the Greens supported the tax cut for small business earning less than $2m a year but does not support the government’s $48bn package.On company tax, the Greens supported the tax cut for small business earning less than $2m a year but does not support the government’s $48bn package.
They are sceptical anything will come of Nick Xenophon’s decision to link his support to delivering an Emissions Intensity Scheme; they believe an EIS is insufficient as it doesn’t cover the whole economy, its success depends on its design and it could be a mechanism for boosting gas at the expense of renewables.They are sceptical anything will come of Nick Xenophon’s decision to link his support to delivering an Emissions Intensity Scheme; they believe an EIS is insufficient as it doesn’t cover the whole economy, its success depends on its design and it could be a mechanism for boosting gas at the expense of renewables.
UpdatedUpdated
at 1.43am BSTat 1.43am BST
1.31am BST1.31am BST
01:3101:31
Speaking at a doorstop, foreign minister Julie Bishop says every subsequent government since the treaty was signed in 2007 has had as policy to ratify to China treaty. (I’m looking at you Tony Abbott.)Speaking at a doorstop, foreign minister Julie Bishop says every subsequent government since the treaty was signed in 2007 has had as policy to ratify to China treaty. (I’m looking at you Tony Abbott.)
Even though she was supporting the treaty this morning (as Turnbull was calling Shorten to pull the resolution), Bishop says she has been in lock step with Malcolm Turnbull.Even though she was supporting the treaty this morning (as Turnbull was calling Shorten to pull the resolution), Bishop says she has been in lock step with Malcolm Turnbull.
It’s been in our national interests to have this arrangement with China.It’s been in our national interests to have this arrangement with China.
But she concedes, given the numbers, the resolution had to be withdrawn.But she concedes, given the numbers, the resolution had to be withdrawn.
UpdatedUpdated
at 1.34am BSTat 1.34am BST
1.20am BST
01:20
The Joint Standing Committee on Treaties (Jscot), chaired by former Liberal minister Stuart Robert, recommended the China extradition treaty be accepted with conditions.
In his committee statement, Robert said:
Though it supports the agreement, the committee shares concerns expressed by the community about human rights afforded to people charged with crimes in China, the lack of transparency in the Chinese legal system, allegations of the ill-treatment and torture of prisoners, and the continuing imposition of the death penalty.
The committee said to make sure extradited suspects are treated fairly, Jscot recommended that:
• prior to making a decision to extradite an individual to China, the relevant minister must take into account the current state of China’s criminal justice system as well as the risks to the individual concerned; and
• any agreement to extradite a person to China must include an undertaking by China to provide a fair trial to that person.
Labor members produced a dissenting report, raising concerns, pointing to the Law Council concerns.
As the Law Council of Australia explained in their submission, Australia is responsible under international law for human rights violations suffered by an extradited person in the destination country. Moreover, as this committee noted in a previous report: “Australia has a moral obligation to protect the human rights of extradited persons beyond simply accepting the undertakings of countries making extradition requests.”
Labor made this recommendation:
That binding treaty action for the Treaty on extradition between Australia and the People’s Republic of China be delayed until after an independent review of the Extradition Act 1988 (Cth) to ensure that Australia’s extradition system continues to be consistent with community expectations and international legal obligations regarding the rule of law and human rights.
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1.03am BST
01:03
Labor senator Lisa Singh says there are good reasons for Labor’s opposition to the China extradition treaty.
.@gabriellechan @guardian and Labor's dissenting report to JSCOT explains good reasons why. A principled outcome. #auspol
1.00am BST
01:00
Bill Shorten’s remarks to caucus on the China extradition treaty:
Shadow cabinet met last night, it was our recommendation to caucus later this morning that we not ratify the treaty.
I spoke with Malcolm Turnbull this morning and advised him of this.
He has subsequently advised me that they’re withdrawing the treaty from ratification.
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12.59am BST
00:59
In case you missed it last night, One Nation has been engaging in a little rhythmic gymnastics over various policy positions in the past 24 hours.
Pauline Hanson began on Monday morning saying she would boycott any votes unless there was a sugar resolution, which was already in the wings.
Nevertheless, Gareth Hutchens reports she declared One Nation would support the Turnbull government’s tax cuts only for businesses with yearly turnover of $50m and less.
Then, having supported the Fair Work Commission’s decision to cut penalty rates before the West Australian election, Hanson now opposes cuts to Sunday penalty rates.
After listening to people coming through my office, and on the streets, and back home over the weekend, and in the lead up to this, generally, the majority of the public do not want a cut to penalty rates on weekends,” she said.
You’ve got my support. I’ve listened, and this is what you want, and I will not support any cuts to the penalty rates.
12.42am BST
00:42
Labor’s Penny Wong and Mark Dreyfus will speak on China at 11.30am.
12.40am BST
00:40
Just back to the China extradition treaty, it has been regularly reported over the years in the state owned China Daily of the need for an official extradition treaty with Australia. This is an example, from September last year:
In recent years, the United States, Canada, Australia and Singapore have become popular destinations for corrupt fugitive Chinese officials. They lack bilateral extradition treaties and have legal differences with China, complicating their return, according to the Ministry of Public Security.
Many such fugitives have transferred billions of illegally acquired yuan to foreign accounts via money laundering and underground banks, the ministry said.
12.33am BST
00:33
Paul Karp
The Aemo report is obviously a lot more complex than wind power - guilty or innocent? But as that’s the frame through which the South Australian blackouts have been debated, here is some more detail from the report:
Wind turbines successfully rode through grid disturbances. It was the action of a control setting responding to multiple disturbances that led to the [blackout]. Changes made to turbine control settings shortly after the event has removed the risk of recurrence given the same number of disturbances.”
The report notes that several wind farms in SA have already changed their settings for the protective feature for multiple voltage disturbances which will help “mitigate the risk of similar major supply disruptions occurring in SA”.
One of the report’s new recommendations is that Aemo assess options for improved forecasting of when wind speeds will exceed protection settings on wind turbines, which would lead to ‘over-speed cut-outs’.
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12.30am BST
00:30
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at 12.34am BST
12.29am BST
00:29
Noice.
12.22am BST
00:22
Aemo report into South Australian blackouts: primary cause = tornadoes
The Australian Energy Market Operator has released its report into the South Australian blackouts on 28 September 2016 in which 850,000 SA customers lost electricity supply.
The report sets out the cause of the blackout in these critical stages:
As a result, all supply to the SA region was lost at 4.18 pm ... Aemo’s analysis shows that following system separation, frequency collapse and the consequent [blackout] was inevitable.
Aemo suggested that as the electricity mix changes it “is no longer appropriate to rely solely on synchronous generators to provide essential non-energy system services (such as voltage control, frequency control, inertia, and system strength)”. It suggests that the grid should also be stabilised with non-synchronous generators where technically feasible.
The report said Aemo has begun work with the Australian Renewable Energy Authority trialling new technologies, starting with use of the new Hornsdale Stage 2 wind farm to provide grid stabilisation services.
These projects can deliver engineering solutions to make the grid more resilient and protect customer supply as the transformation of Australia’s energy system continues.
So, in conclusion, although wind farms reducing power did play a role in the blackouts the primary cause was the tornadoes knocking over transmission lines, and wind power can be part of the solution to stabilising the grid.
Updated
at 2.19am BST