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Plibersek says byelection date designed to disadvantage Labor party – politics live
Plibersek says byelection date designed to disadvantage Labor party – politics live
(35 minutes later)
Things are getting heated in the Finance committee, where Penny Wong is questioning the Australian Electoral Commission over how the byelections date was chosen.
Here’s what the byelection candidates will be asked to provide by the new regulations:
#breaking - I've got a copy of the draft regulations for the new candidate checklist. It starts with the obvious: are you an Australian citizen. #auspol pic.twitter.com/Hsr040RmJm
We then get a series of questions about parents, grandparents and spouse - similar to the citizenship disclosure register #auspol pic.twitter.com/yVM0IwrRo2
The form then asks whether people have renounced, and if not, for further details if they are unable to renounce #auspol pic.twitter.com/znXWGpLmOn
The questions are basically a series of boilerplate "are you disqualified by section 44" and going through each part. No guidance eg on what "office of profit" is or "indirect pecuniary interest" #auspol pic.twitter.com/sXSFYIcjfy
In estimates Senator Lee Rhiannon is asking Clegg if individual sheep tag numbers are used to count sheep on and off live export ships between ports. She wants to know how accurate counts of animals are.Clegg, the agriculture department secretary, says ear tags aren’t used but she says perhaps that’s something that could be introduced to improve accuracy of counts. She admits there are discrepancies between the numbers of animals said to be loaded onto vessels and the number of animals actually discharged at ports.Clegg says “it’s not the 1950s” and conceded maybe, with the technology now available, this lack of accuracy isn’t good enough.“I think technology has moved on a lot and it will be something we focus on,” she said.
Estimate hearings are continuing, but the House has adjourned until Tuesday next week.
After this story in the Conversation by Michelle Grattan, that says even Barnaby Joyce doesn’t know when the investigation into his expenses is complete, I’ve received this statement from the Independent Parliamentary Expenses Authority:
At this time the audit remains ongoing and we are unable to provide a timeframe for completion. To comment on any particular matter that may or may not be under consideration may compromise the conduct and outcome of any audit and the privacy rights of individuals.
The Australian Electoral Commissioner, Tom Rogers, is arguing that Penny Wong is suggesting that the 28 July date is “solely as a result of the advice of the AEC”, which he rejects.
He says: “I’ve made clear it’s a matter for the Speaker. You’ve asked me when we first advised of the 28 July date ... I don’t provide particular dates, I provide factors [for one date or another].”
Mathias Cormann then launches a counter-attack that the byelections could have been a lot sooner if the Labor MPs had resigned when it was clear they were ineligible (October, after the Canavan decision, by the Coalition’s reckoning).
This has just dropped into my inbox from the agricultural minister:
Minister for Agriculture David Littleproud has announced the review into the Australian Standards for the Export of Livestock will be brought forward.
The review was due at the end of 2019 but will now be finished by the end of this year.
The committee chair, Dr Chris Back, has notified the Department of Agriculture he is unable to continue in the role of chair, due to the shortened timeframe and competing time commitments.
Minister Littleproud thanks Mr Back for his contribution thus far.
A replacement chair will be announced in the near future.
This was the second review into the culture of the department and regulator, surrounding the live sheep export trade.
Things are getting heated in the finance committee, where Penny Wong is questioning the Australian Electoral Commission over how the byelections date was chosen.
She was just made to withdraw the term “mate”.
She was just made to withdraw the term “mate”.
“UnAustralian,” she says.
“Un-Australian,” she says.
A very quick list of elections, including byelections, which have been held in school holidays, has been put together:
A very quick list of elections, including byelections, which have been held in school holidays, has been put together:
2017 Bennelong byelection – NSW school holidays
2017 Bennelong byelection – NSW school holidays
2016 federal election – school holidays in most states
2016 federal election – school holidays in most states
2001 Aston byelection – Victorian school holidays
2001 Aston byelection – Victorian school holidays
1998 federal election – school holidays (and a long weekend)
1998 federal election – school holidays (and a long weekend)
The Queensland 2015 state election was also held during the January school holidays. I know, because I was there and it was basically Hades.
The Queensland 2015 state election was also held during the January school holidays. I know, because I was there and it was basically Hades.
Barnaby Joyce was speaking to Sky just a moment ago, saying that the government has to stay the course with its company tax cut plan.
Barnaby Joyce was speaking to Sky just a moment ago, saying that the government has to stay the course with its company tax cut plan.
The agriculture department assistant secretary, Narelle Clegg, is being asked about the department’s investigation into the death of 2,400 sheep from heatstroke during a voyage to Qatar in August 2017. Senators Malarndirri McCarthy and Barry O’Sullivan are asking how investigations are conducted, what information is sought and what questions are asked of exporters following the deaths of animals.Clegg says the department looks at any reports available from veterinarians aboard the ship, the original application for export, and evidence about whether the voyage was prepared for adequately.The August 2017 voyage saw 900 sheep die in a day, Clegg says, when there was a sudden increase in temperature on day 15. Hundreds more died in the subsequent days, she said.“The cause of death was heat stress,” she said.She also said the vet on board euthanised as many critically unwell animals as possible, according to regulations. But she could not say how many of the dead sheep were euthanised and how many died from the heat stress.Sullivan, the committee chair, tells Clegg surely it would be relevant to know if a vet would have euthanised more animals humanely if they had more resources or time. McCarthy chimes in: “I think it shows the inadequacy of the department as an independent regulator.” She’s warned by the chair to avoid such commentary.Sullivan asks if the temperatures during the voyage were foreseeable.
The agriculture department assistant secretary, Narelle Clegg, is being asked about the department’s investigation into the death of 2,400 sheep from heatstroke during a voyage to Qatar in August 2017. Senators Malarndirri McCarthy and Barry O’Sullivan are asking how investigations are conducted, what information is sought and what questions are asked of exporters following the deaths of animals.Clegg says the department looks at any reports available from veterinarians aboard the ship, the original application for export, and evidence about whether the voyage was prepared for adequately.The August 2017 voyage saw 900 sheep die in a day, Clegg says, when there was a sudden increase in temperature on day 15. Hundreds more died in the subsequent days, she said.“The cause of death was heat stress,” she said.She also said the vet on board euthanised as many critically unwell animals as possible, according to regulations. But she could not say how many of the dead sheep were euthanised and how many died from the heat stress.Sullivan, the committee chair, tells Clegg surely it would be relevant to know if a vet would have euthanised more animals humanely if they had more resources or time. McCarthy chimes in: “I think it shows the inadequacy of the department as an independent regulator.” She’s warned by the chair to avoid such commentary.Sullivan asks if the temperatures during the voyage were foreseeable.
Clegg says, yes, you could expect high temperatures in the region where the sheep had died at the time of year the ship had taken its voyage, in August. But the days in August when those high temperatures might occur were not foreseeable, she said.
Clegg says, yes, you could expect high temperatures in the region where the sheep had died at the time of year the ship had taken its voyage, in August. But the days in August when those high temperatures might occur were not foreseeable, she said.
“The heat stress risk assessment model is meant to evaluate that risk and set a stocking density for that risk,” she said. “The model uses the average temperature of the month.”
“The heat stress risk assessment model is meant to evaluate that risk and set a stocking density for that risk,” she said. “The model uses the average temperature of the month.”
At this stage I am being told that Labor is not considering postponing its national conference “indefinitely”, but that it is “very early hours”.
At this stage I am being told that Labor is not considering postponing its national conference “indefinitely”, but that it is “very early hours”.
Tony Burke, the full response
Respecting the fact that the decision is not only made by you in terms of the advice that you have received by the Australian electoral commission and [I] ask that my comments be seen very much in that context:
There are a number of byelections which have occurred since you took the chair. In North Sydney the writs were issued within three days; in Bennelong two days; New England the same day; Batman six days. It will now be for these byelections a delay of 14 days, and instead of the people going to vote 35/36/44 days later, they will go to vote 79 days later.
... I respect [there are a lot of interjections. Mark Dreyfus is kicked out of the chamber]
... And I also respect that the decision is now made, is now made. The letters that you have tabled, you said were on the 17th of May and the 23rd of May. Had the decision been made within the time that the other byelections had been made, it would had been made before those letters were even received from the Australian electoral commission.
The Australian Electoral Commission have claimed they want all candidates to know the new rules. I think anyone running for these byelections, if they don’t know now what the high court has decided, there is nothing that will help them.
There is nothing which will help them ... the AEC normally would not recommend a date as you have said. On this occasion they have recommended a date and they have used, they have used the fact they want this new regulation as the reason. Now, they appeared before the relevant inquiry months ago. They had their involvement with the relevant inquiry through a period last year. The regulations and discussion with the opposition happened more than a week ago, and we have a situation now, where that 79-day delay, which has not applied anywhere else, is on the basis of the Australia Electoral Commission, which if the prime minister went down to Yarralumla and called an election today, they would be able to conduct it with 150 seats in 33 days’ time. For 150 seats!
Instead they say it has to be delayed all this period and it just happens to be on the day of the Labor party national conference. It is a ‘what a coincidence moment’ from the Australian Electoral Commission.
What a coincidence from the Australian Electoral Commission that is.
Christopher Pyne raises a point of order that allowing Burke to speak on indulgence is a privilege, not a right, and Burke is turning it into a debate, as well as “reflecting on the chair”.
Smith lets Burke finish:
I raise one final point, because of the way the Australian Electoral Commission have written to you and the arguments they have put and because of the initial delay waiting for their letters, it means the parliamentary representation in communities around Australia, who could have a representative on the 16th of June had the writs been issued immediately, instead will not be represented in this place.
And what was allowed to happen in the other byelections, including members on that side, now means there will be a delay in parliamentary representation, which could have been avoided and would not occur in the circumstances of a general election.
As Tanya Plibersek flagged in her response a few posts ago, the most likely eventuality is that Labor will move its national conference.
It kind of has no choice – all those delegates will be needed on the ground in the five byelections, four of them that Labor very much wants, and needs, to win.
Paul sent this post through a little earlier, and I missed it the first time (it was only a couple of minutes), but for context:
Penny Wong is in Senate estimates grilling the Australian Electoral Commission about its advice on possible byelection dates.
So far the special minister of state, Mathias Cormann, has been keen to dump Labor in it – he notes that the joint standing committee on electoral matters reported back on 17 May, and he reached out to Bill Shorten on that day seeking feedback on a proposed regulation for a candidate checklist by lunchtime on 18 May. Cormann says Labor did not give a formal reply until 22 May.
Wong is now asking about AEC’s submissions to the committee and its contact with the government after the report came out.
LiveCorp chairman Terry Enright is being questioned in estimates on the live export of animals on long-haul voyages. Enright explains to the committee that Livecorp is a research and development body that supports the farming industry. It does not advocate, lobby or export animals, he says.“I’d like to put on the record LiveCorp board senior management and staff are all as shocked as producers, as government, as everyone was, by the 60 Minutes footage we saw a few weeks ago,” he says.“It represented the reverse of everything we work toward ... to improve the welfare and support of animals through the whole supply chain. It also shocked us as we were not aware that something like that could actually happen on the transport side of the business.”
But Senator Malarndirri McCarthy tells Enright that LiveCorp has a vested interest in continuing live export. “How can you provide impartial advice about conditions you cannot control but choose to describe as [happening in] exceptional circumstances?,” she asks.
Enright says the first priority in LiveCorp’s strategic plan is the welfare of animals. “We continue to place over 60% of our investment into that area of research,” he says.
He says a lot of the recommendations of the McCarthy review need to be implemented by the live export industry. LiveCorp will assist, but cannot action the recommendations, he says.
Tom Rogers: “Those seats are owned by the citizens – they’re not owned by the parties. My advice to the Speaker was to give every candidate time to comply with the new requirements.”
Penny Wong: “I agree they’re owned by the citizens, but by allowing them to be vacant, the citizens are not represented in the parliament.”
Wong said the 79-day period, much longer than for byelections in Batman, Bennelong and New England, “looks partisan”. Rogers asked if Wong was “saying I am partisan” - but she went no further than “looks partisan”.
Wong has now taken the AEC to the fact that the Bennelong byelection was on the first day of the NSW school holidays. Rogers replies the AEC was ready and willing to hold these byelections during school holidays, if the Speaker chose. Wong says the letter was “carefully written” and provides “cover” for the Speaker to announce the 28 July date.
Australian Electoral Commissioner Tom Rogers has told Senate estimates he knew the government was working on a regulation to help address eligibility issues before 17 May when the committee report came out.
AEC legal officer Paul Pirani says it got a draft of the regulation from the department of finance in the week before the report. Rogers says the AEC provided feedback on it.
Penny Wong asks when the first time 28 July was suggested as a date.
Rogers said it was a “technical issue”, that there were only so many available Saturdays.
“Every Saturday for the next several months is a possible date,” he said.
Wong asks if for the Batman, Bennelong and New England elections, the AEC ever suggested a period as long as 79 days. “The Australian people might like to hear why you’ve provided such different advice.”
Rogers says the AEC is being “fingered” for the consequences of the fact that five byelections have fallen due at the same time.
Tony Smith:
This update follows further consultation with the Australian Electoral Commissioner and party leaders. Under the constitution, it is my responsibility alone to issue a writ for a byelection when a vacancy occurs and, generally, it has not been a practice to provide an explanation for the exercise of this responsibility. I have varied from the usual practice because of the quite unusual, quite uniques circumstances surrounding these byelctions. As the House of Representatives practice makes clear, there is no statutory period within which I must issue the writ.
As a matter of principle, Speakers have generally sought to issue writs as soon as electorally practical, to ensure that electors are not without a representative here in the house, for longer than necessary.
However, the timing of the calling of each byelection has varied considerably because of circumstance and this case, has been a unique set of circumstances.
While there has been much commentary around the five byelections occurring on the one day, the Australian Electoral Commission actually has to consider whether this is feasible and desirable. The advice I have received from the electoral commissioner is that, although this is the largest number of byelections to be conducted at the one time since federation, and the holding of them across four states adds complexity, the AEC believes conducting the byelections on the same day is the preferred option. I intend to follow this preferred option.
As noted in my statement on Monday, the electoral commissioner advised me the government was considering urgent changes, through regulation to the nomination process, to ensure that all candidates are aware of their obligations under section 44 of the constitution. The implementation of these changes prior to the byelections was supported by the electoral commissioner and by the joint standing committee on electoral matters, in a uniamous recommendation.
The latest advice I have from the electoral commissioner is the regulations have been signed by the special minister of state and will be submitted to the governor general soon for his consideration, expected to be 29 May.
Regardless of the date for submission to the federal executive council, the AEC has advised me it has commenced preparations to implement the regulations and will require approximately two weeks to do so.
The implementation will need to be complete prior to the issuing of the writs, prior to the writs being issued ... [there are a lot of interjections].
... Because nominations open as soon as writs are issued. At which time candidates can start nominating. This is in part to accommodate the requirements of the electoral commission, but more importantly so all candidates in the forthcoming byelection, all candidates, have sufficient time to comply with the new requirements.
Turning now to the date of the byelections, the electoral commissioner has advised me that there is a complication of the school holiday period affecting all four states subject to byelections extending across a three-week period from 30 June to 21 July.
Although, as the commissioner advises, it is possible to hold byelections in the school holiday period, it does create additional difficulties for voters and risk disenfranchisement and low turnout.
Let me say, this is particularly, particularly the case in byelections. For whilst in a general election there are significant voting opportunities outside the electorate in which the voter resides, in byelections there are not.
If there is to be single date for all byelections, and the school holidays are to be avoided, this pushes the next possible date to 28 July.
The house explodes into yelling
Although the electoral commission ... [more interjections]... although the electoral commission would not usually provide advice about a preferred date, I can advise members on this occasion the electoral commissioner has advised that 28 July is the optimal date. As the commissioner notes in his advice to me, this achieves three things.
It provides sufficient time for the AEC to implement the changes [the house once again dissolves into absolute chaos], it allows sufficient time for the AEC to implement the changes, enables prospective candidates to comply with the new requirements and ensures voters are not disenfranchised.
I consider it is prudent in the current circumstances that I follow this advice and allow time for the changes related to section 44 to be implemented and avoid the byelections taking place in the school holidays.
I therefore propose to accept the commissioner’s recommendation for the optimal date for July 28. I will consult with the AEC about the date to issue the writ and the relevant date for the byelection and will advise the house when the dates have been settled.
One very important consideration for me has been that this will not impact on the elected members’ ability to take up their seat in the house at the earliest opportunity because of the break in the sittings from 28 June until 13 August. The earliest date now that any elected members could take their seats, regardless of the date of the byelections, is the 13th of August.
He then tables his correspondence from the electoral commissioner.
Yup. Labor is extremely pissed.
Tanya Plibersek issued this statement a few seconds ago:
This is a disgraceful delay and a sneaky tactic from Malcolm Turnbull. He is just trying to buy time so he can dump his toxic $80bn tax handout to big business before the byelections.
This deliberate delay is an insult to these communities who will be unrepresented for nearly three months. It shows Malcolm Turnbull doesn’t care about them.
It would appear this has been deliberately designed to disadvantage the Labor party, given our national conference is scheduled for that weekend.
This will obviously have implications for our National Conference. Our activists will want to be out in the community campaigning for Labor, not sitting in a conference centre.
When Barnaby Joyce was forced to resign, a byelection was called the same day for the soonest possible date. When John Alexander resigned, a byelection was called within days. Communities have been waiting weeks now to know when they will have the chance to choose their representatives.
Malcolm Turnbull owes the Australian people a serious explanation for this unacceptably long wait.
The AEC is due to appear in the finance estimates hearing – and Penny Wong has just walked back in.
It is pretty safe to say that Labor is PISSED at this decision.
Tony Burke:
The AEC would normally not recommend a date, as you have said, but on this occasion they have recommended a date and they have used the fact they want this new recommendation as the reason.
Now, they appeared before the relevant inquiry months ago ... the regulations and discussions with the opposition happened more than a week ago, and we have a situation now where that 79-day delay, which is not applied anywhere else, is on the basis of the Australian Electoral Commission, which, if the prime minister went down to Yarralumla and called an election today, they would be able to conduct it with 150 seats in 33 days’ time. For 150 seats! Instead they say it has to be delayed all this period and it just happens to be on the day of the Labor party national conference ... what a coincidence on the part of the Australian Electoral Commission that is.
