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Julie Bishop to Lib MPs: I don't recall any concerns during China treaty process – politics live Penny Wong attacks George Brandis in 18C debate – politics live
(35 minutes later)
3.33am BST
03:33
Penny Wong:
I hope this parliament will vote this amendment down and can I say it is a poor reflection on this prime minister.
She says refusing to allow the Aboriginal Legal Service speak to the committee hearing on Friday was a profound statement about whose freedom of speech needed to be protected under this bill.
I hope the parliament thinks about what this says to the young Muslim woman on the bus or the young Asian boy in the street or some other member of Australia’s multicultural community who is abused because of who they are. Because not only is the amendment before this place wrong, in many ways what is most wrong and has been most damaging has been the signal that has been sent by a prime minister who believes he is a Liberal moderate.
The signal he is sending in cahoots with this attorney general that this sort of racial abuse is more permissible.
So I ask my colleagues in this place, think of the people who this legislation is designed to protect and think of the principle that this legislation seeks to send out to the community because what it says to the community, we do not believe in this modern multicultural Australia that it is OK for you to be abused because of your race. And that is a principal we should all stand for.
3.19am BST
03:19
Penny Wong says the 18C changes are more a work program for a government which has no agenda.
She turns her attack on attorney general George Brandis, whom she describes as a “serial misleader”.
His is a lonely and thankless job leading a dysfunctional government in the senate.
Wong says with the 18C amendments, Brandis has a purpose. She is riffing on Lord of the Rings and says 18C is “precious” to Brandis.
3.14am BST
03:14
Penny Wong says the removal of “insult”, “offend” and “humiliate” from the Racial Discrimination Act says everything about this government. She says inserting “harrass” is not strengthening the act.
Harassment is about generating fear, not protecting freedom.
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03:11
That means the 18C debate goes forth from now.
Labor senate leader Penny Wong speaks first.
3.10am BST
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In the chamber, Paul Karp tells me One Nation and Xenophon Team with the government which means Labor’s motion will fail.
3.04am BST
03:04
The Senate is now dividing on Labor’s 18C suspension of standing orders.
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Paul KarpPaul 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”. Labor’s foreign affairs spokeswoman, Penny Wong, has said the 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.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”. Labor wants the Extradition Act to be reviewed, not just in relation to the Chinese treaty, but other treaties. The shadow attorney general, Mark Dreyfus, added there were concerns that in 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. Despite Julie Bishop saying the Chinese did link an 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. 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.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. 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.
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02:5002:50
Gareth HutchensGareth Hutchens
Labor caucus met this morning. They discussed 18C, two separate banking inquiry bills and the government’s extradition treaty with China. Labor caucus met this morning. It 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”. On 18C, the 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.“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. 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. On the banking and financial services commission of inquiry bills, there are two bills: a crossbench bill moved by the Greens and introduced to the Senate, and a bill introduced in the lower house by the 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.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”.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”.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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Greens leader Richard Di Natale supports the Labor motion to suspend standing orders.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.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.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.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.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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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.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:He says 18C has been:
used for the persecution of innocent Australians.used for the persecution of innocent Australians.
used for the persecution of the late, great Bill Leakused for the persecution of the late, great Bill Leak
used for the persecution over a wise crack by university students.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.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.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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Labor moves to suspend standing orders to delay 18C debate until ThursdayLabor 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: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 was introduced last Wednesday.
Bill referred to a half day inquiry.Bill referred to a half day inquiry.
Bill report just tabled.Bill report just tabled.
No Indigenous representatives allowed to speak to the half day hearing.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.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.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.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.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.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 BST
02:23
Julie Bishop to Lib MPs: I don't recall any concerns during treaty process
Paul 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”.
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.
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.”
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 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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02:19
Eric 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.
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 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.
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1.57am BST
01:57
AAP reports the NSW farmer who shot dead an environmental officer over a land clearing dispute has died in jail from a terminal illness.
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”,
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.
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01:43
@gabriellechan NO TREATY FOR YOU. @murpharoo #politicslive pic.twitter.com/ygr38OLilk
1.42am BST
01:42
Craig Laundy tells Sky the Chinese extradition treaty has nothing to do with the arrests of three Crown casino staff, currently held in China.
(There has been some speculation the the deal needs to be signed for those staff.)
Laundy disagrees.
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01:39
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.
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1.36am BST
01:36
Paul Karp
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 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 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.
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1.31am BST
01:31
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.)
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.
But she concedes, given the numbers, the resolution had to be withdrawn.
Updated
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