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Labor and Coalition reach agreement on messaging encryption bill – politics live Labor and Coalition reach agreement on messaging encryption bill – politics live
(35 minutes later)
Here’s how Mathias Cormann agreed to let the Penny Wong motion
That—
(a) the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 be considered on Wednesday, 5 December 2018 from 11 am to 12.35 pm, at time allotted for consideration of government business;
(b) if, by 12.35 pm the bill has not been finally considered, the questions on all remaining stages shall be put without debate;
(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142; and
(d) the provisions of standing order 115(3) shall not apply to the bill so that the bill may be further considered even if it has been referred to a standing or select committee for inquiry and report.
through
Cormann:
I indicate on behalf of the government that we will be supporting this motion as amended and that the Prime Minister has reached out to the Leader of the Opposition to ensure that we find a reasonable way forward and a reasonable compromise to help facilitate what the Prime Minister has indicated he would like to see facilitated, and that is to remove discrimination against students before the end of the parliamentary sitting year. We look forward to genuine and good faith engagement with the opposition and also with others in the parliament in the intervening period. On that basis, we will support this motion proceeding.
And the Greens have also responded to the live sheep export news:
Australian Greens Senator for NSW and Animal Welfare Spokesperson, Dr Mehreen Faruqi has called the announcement from live exporters that they will a impose three-month ban on sheep trade to the Middle East during northern summer as too little, too late.
In reaction to the voluntary suspension, Senator Faruqi said:
“While welcome, to be frank this is too little, too late. We know that this is the last ditch attempt for the live export to save itself before it is consigned to the history books forever. “A voluntary and self imposed suspension over the Northern Summer is wholly inadequate and can be overturned at any time. History has shown we cannot let the industry regulate itself. The only option we have is to phase out the industry and transition to a chilled meat industry“They have known about systemic animal welfare issues and cruelty for decades and it still“My bill to ban the live export of has passed the Senate. The Government can stonewall and run protection for only so long. It’s time they allowed a free vote so we can end this cruel trade once and for all” she concluded.
The attorney general Christian Porter has confirmed the “fundamental resolution” with Labor over the encryption bill and described it as a “massive win for the Australian people” that will allow agencies to break encryption to police serious crimes.
Porter said that Labor’s previous position would have meant state police would not have access to the powers over summer, and agencies could only use them for two categories of offence (terrorism, child sex offences). Passage of such an interim bill would have been “substantially ineffective”, he said.
Some further details of the deal:
The number of agencies that have access to powers has been reduced, with state anti-corruption bodies removed
The threshold for serious offences is all terrorist and child sex offences and other offences with a sentence of more than 3 years in prison
There will be a review of the powers within the first 12 months by the parliamentary joint committee on intelligence and security
Porter was sanguine about the extra safeguards on technical capability notices, arguing they added to the oversight of the powers without slowing the process down.
The abortion motion that Fraser Anning, Amanda Stoker and Barry O’Sullivan attempted to move was denied. An attempt to suspend standing orders was also made, and also lost.
Larissa Waters, the Greens senator from Queensland had a few thoughts:
Here is yet another LNP motion which shows complete disrespect for women.
Perpetuating the myth about late term abortions is disrespectful to women and flies in the face of the facts.
The Australian Institute of Health and Welfare tracks the stats, and
94.6 per cent of abortions are performed before 13 weeks.
Just 0.7 per cent of abortions in Australia are carried out at or after 20 weeks.
Termination at or after 22 weeks is extremely rare and generally occurs where continuing pregnancy would kill the mother.
To keep claiming that an abortion can occur just days before a baby is due, as these conservative Queensland senators do, is grossly misleading, it’s insulting, and its’s disgraceful.
I want to thank those LNP members who distanced themselves from this nonsense and voted with those of us who think women can make decisions about their own bodies. It’s very telling that there are only two women voting on the other side, amidst a handful of old white men who want to control women.”
Animals Australia have also responded to the live export moratorium:
This is a classic PR move designed to pre-empt the pending heat stress review outcome.
For decades the industry has been willing to subject sheep to intolerable suffering across this period. They haven’t suddenly found their conscience.
They realise that they are a single vote away from their industry being shut down.
This should be seen for what it is, an admission of guilt and an attempt to save their own skins.”
Just on the Anthony Albanese motion, it is worth mentioning that Julia Banks voted with Labor on that one.
And also, if Labor gets into government the High Speed Rail Authority will be one of the first things they put together.
And so has Joel Fitzgibbon:And so has Joel Fitzgibbon:
Labor welcomes Australian Livestock Exporters Council (ALEC) decision to place a moratorium on the northern summer live sheep export trade.Labor welcomes Australian Livestock Exporters Council (ALEC) decision to place a moratorium on the northern summer live sheep export trade.
It shows how out of touch the Morrison Government is when the peak industry body is moving ahead of it in response to overwhelming community concern about animal welfare breaches.It shows how out of touch the Morrison Government is when the peak industry body is moving ahead of it in response to overwhelming community concern about animal welfare breaches.
The Morrison Government must start listening to the people: the live sheep trade is acting where the Government won’t.The Morrison Government must start listening to the people: the live sheep trade is acting where the Government won’t.
I congratulate ALEC on this step in the right direction however the Morrison Government must now allow the House of Representatives to express its will on the the future of the live sheep trade. A vote to phase out long haul live sheep exports must held this last sitting week.I congratulate ALEC on this step in the right direction however the Morrison Government must now allow the House of Representatives to express its will on the the future of the live sheep trade. A vote to phase out long haul live sheep exports must held this last sitting week.
Labor will continue to be guided by the science which says the northern Middle Eastern summer trade and animal welfare standards are incompatible.Labor will continue to be guided by the science which says the northern Middle Eastern summer trade and animal welfare standards are incompatible.
A Shorten Labor Government will put an end to the northern summer trade at the first opportunity and phase out the balance of trade while helping sheep meat producers make the transition to more domestic processing.”A Shorten Labor Government will put an end to the northern summer trade at the first opportunity and phase out the balance of trade while helping sheep meat producers make the transition to more domestic processing.”
David Littleproud has responded to the live sheep export industry moratorium:David Littleproud has responded to the live sheep export industry moratorium:
I have repeatedly asked exporters to lead.I have repeatedly asked exporters to lead.
It would have been better if industry had shown leadership across a broad range of animal welfare matters some years ago.It would have been better if industry had shown leadership across a broad range of animal welfare matters some years ago.
It’s important we respect our trading partners and make sure we work through practical solutions to ensure their food security.It’s important we respect our trading partners and make sure we work through practical solutions to ensure their food security.
We await the science regarding the heat stress model which we expect shortly.We await the science regarding the heat stress model which we expect shortly.
Anthony Albanese has taken his win (even if it wasn’t an absolute majority to make it a proper win):Anthony Albanese has taken his win (even if it wasn’t an absolute majority to make it a proper win):
Federal Parliament today voted in favour of creating a High Speed Rail Authority to advance plans for a High Speed Rail line from Brisbane to Melbourne via Sydney and Canberra.Federal Parliament today voted in favour of creating a High Speed Rail Authority to advance plans for a High Speed Rail line from Brisbane to Melbourne via Sydney and Canberra.
I asked Parliament to facilitate debate of my Private Member’s Bill, which would establish a High Speed Rail Authority to advance this visionary project.I asked Parliament to facilitate debate of my Private Member’s Bill, which would establish a High Speed Rail Authority to advance this visionary project.
My motion was seconded by the Independent MP for Indi, Cathy McGowan.My motion was seconded by the Independent MP for Indi, Cathy McGowan.
The House of Representatives supported the motion by 73 votes to 72.The House of Representatives supported the motion by 73 votes to 72.
However, because an absolute majority was required, the Government avoided a debate on my Bill.However, because an absolute majority was required, the Government avoided a debate on my Bill.
It is disappointing that the Government fails to understand the potential of High Speed Rail to both revolutionise interstate travel and super charge the regional centres along the proposed route.It is disappointing that the Government fails to understand the potential of High Speed Rail to both revolutionise interstate travel and super charge the regional centres along the proposed route.
At a time of intense population pressure in our nation’s capital cities, we need a genuine decentralisation program that will empower regional centres to absorb some of the pressure of growth.At a time of intense population pressure in our nation’s capital cities, we need a genuine decentralisation program that will empower regional centres to absorb some of the pressure of growth.
High Speed Rail would unlock waves of development in communities like the Gold Coast, Casino, Grafton, Coffs Harbour, Port Macquarie, Taree, Newcastle, the Central Coast, the Southern Highlands, Canberra, Wagga Wagga, Albury-Wodonga and Shepparton.High Speed Rail would unlock waves of development in communities like the Gold Coast, Casino, Grafton, Coffs Harbour, Port Macquarie, Taree, Newcastle, the Central Coast, the Southern Highlands, Canberra, Wagga Wagga, Albury-Wodonga and Shepparton.
While the former Labor Government completed a positive feasibility study and commenced initial planning for High Speed Rail, the Coalition has run dead on the project for five wasted years.While the former Labor Government completed a positive feasibility study and commenced initial planning for High Speed Rail, the Coalition has run dead on the project for five wasted years.
Based on the support for action expressed in Parliament today, Prime Minister Scott Morrison should think again and act in the national interest.Based on the support for action expressed in Parliament today, Prime Minister Scott Morrison should think again and act in the national interest.
The proposed High Speed Rail Authority would be tasked with working on detailed planning with the Queensland, NSW, ACT and Victorian governments.The proposed High Speed Rail Authority would be tasked with working on detailed planning with the Queensland, NSW, ACT and Victorian governments.
Critically, it would also begin to preserve the corridor for the project to prevent it being built out by urban sprawl.Critically, it would also begin to preserve the corridor for the project to prevent it being built out by urban sprawl.
Creation of the proposed authority was the key recommendation of an independent panel established by the former Labor Government.Creation of the proposed authority was the key recommendation of an independent panel established by the former Labor Government.
The panel included former Deputy Prime Minister Tim Fischer, the Business Council of Australia’s Jennifer Westacott and the late Bryan Nye, who was head of the Australasian Railway Association.The panel included former Deputy Prime Minister Tim Fischer, the Business Council of Australia’s Jennifer Westacott and the late Bryan Nye, who was head of the Australasian Railway Association.
On the divesture laws, Mark Butler won’t say if Labor, if in government, would repeal them if passed, but he repeats Labor is opposed to it.On the divesture laws, Mark Butler won’t say if Labor, if in government, would repeal them if passed, but he repeats Labor is opposed to it.
Christian Porter will be holding a quick press conference at 5.15pm to talk encryption laws
Christian Porter’s answer on the committee statement is below:
Thank you Mr Speaker. Not unlike the shadow attorney general to only read half the provision. So … 9 (2) says sub clause one does not apply to the disclosure or publication by a person of a matter of which the person has become aware otherwise than because of the giving of any evidence before or the production of any documents to the committee.
“… Yesterday Mr Speaker we were asked by the shadow attorney general whether we were aware of a newspaper article that in his words appears to quote from what may or may not have been a confidential submission to the joint committee. And Mr Speaker appearances are never more deceiving when they are apparitions of the shadow AG. And last night, last night I did speak with the commissioner of the AFP and further I also sought summary information around the prior circulation of the material that later came to be submitted in a letter by the commissioner to the joint committee. The commissioner confirmed that the submission was not potentially or operationally sensitive or security classified, the material contained in the letter was material that received circulation before it was produced as a document to the committee. So it would actually …”
Tony Smith:
If the attorney general would just pause for a second. Members, members on both sides. Not only am I trying to hear, the vast majority of members of this place are trying to hear the attorney general’s answer. I’m trying to listen carefully. Members need to cease interjecting. The attorney has the call.
Porter:
Despite, Mr Speaker, how it appears to the shadow attorney general, it actually appears that given the nature and prior circulation of the material in question that any subsequent dealings of it would never fall within the scope of provisions in the Intelligence Service Act or the Crimes Act.
“But of course if the shadow attorney takes a different view, he can of course refer the matter if he feels fit. But the larger question, I think Mr Speaker, is how much more constructive could the shadow attorney general be if he put his considerable legal skills to reading the submissions, understanding what they say, and acting on them appropriately and passing this counter encryption bill this week.”
But he doesn’t say how the letter was circulated before it was produced as a document or when.
The motion to suspend standing orders ended up at:
Ayes 73
Noes 72.
So the government lost the vote, but a suspension of standing orders needs an absolure majority, which is 75 plus one.
So Albo wins the battle, but not the vote.
On the live sheep export three month moratorium, the Australian Livestock Exporters’ Council has released a statement (Simon Crean was seen walking the halls today, so this was bubbling along for a while):
Australian livestock exporters have today written to Western Australian sheep producers, advising of a new three-month moratorium in sheep shipments to the Middle East during the Northern hemisphere summer.
The moratorium, to take effect from 1 June 2019, will mean no shipments of Australian sheep will depart any Australian port for the Middle East during the highest heat stress risk period of the northern summer.
Australian Livestock Exporters’ Council independent chairman Simon Crean said the moratorium would provide certainty to sheep producers who supply the trade, and was just one initiative which was part of wider ranging industry reforms.
“This is about maintaining and growing a strong, viable nine-month-a-year live sheep trade and, more broadly, securing the future of Australia’s livestock export industry,” Mr Crean said.
Exporters will observe the moratorium while the industry develops new technology which could, in the future, address the heat risk challenges associated with shipments in June, July and August.
“Potential solutions being developed by the export research and development corporation, Livecorp, include improved detection and avoidance of temperature extremes, and on-board dehumidification,” Mr Crean said.
It goes on – you can read the whole thing here.
Independent MP Kerryn Phelps has cautiously welcomed Labor’s indication it will support her bill on medical transfers of refugees and asylum seekers in offshore detention with three amendments.
Phelps:
I’ve been speaking to a range of doctors including some who have spent nearly a year treating patients on Nauru. What is clear to me is that we have a medical and humanitarian criss on our hands and something needs to change.
“I think we need to put medical decisions for asylum seekers into the hands of clinicians rather than bureaucrats. There is a role for ministerial oversight but it needs to be well-defined.”
Anthony Albanese has called for a proposed suspension of standing orders on this issue:
That so much of the standing orders be suspended as would prevent private embers’ business order of the day No. 8 relating to the High Speed Rail Planning Authority Bill 2018 standing in the name of the Member for Grayndler being called on immediately and being given priority over all other business for passage through all stages by 1.30 pm today.
#BREAKING Australia's live export industry will not export live sheep to the Middle East during the northern hemisphere summer next year. @KathSully confirms the industry will self-impose a three-month moratorium for the dangerous exporting months #auspol
The Australian Energy Council is still not totally into the government’s divesture proposal:
The Australian Energy Council welcomes the federal government’s agreement that any divestment power must be consistent with the constitution but remains alarmed at the government’s intention to legislate an onerous and unprecedented set of government market interventions which will only increase risk to investors and costs for consumers.
The ACCC report specifically recommended against the need for a divestiture power and did not find misconduct in the market, rather recommended welcome reforms to improve its transparency and operations. The ACCC correctly identified the primary drivers of high prices – cost pressures across the supply chain and the policy vacuum.
The industry recognises that customers need support in an environment of high prices, and is already working with the regulator to implement those recommendations which will assist consumers to get a better deal.
The Australian Energy Council’s Chief Executive, Sarah McNamara, said that the energy sector was yet to see the revised bill and looks forward to sitting down with government to work through the detail.
“To date there has been only a token consultation over a three-day period on an earlier version of the bill. It appears that many significant questions raised through the submissions process remain unanswered.
“Once we see the revised bill, we will consider it and respond in good faith.
“Divestiture powers are an extreme measure in any market and deserve thorough economy-wide consultations and cost-benefit analysis. This bill differs markedly from its equivalent in the US, which is economy wide and aimed at monopolistic behaviour, and in the UK divestment powers under its Enterprise Act are also economy wide and subject to very strong prescriptive measures and processes focussed on ensuring natural justice.
“The only thing that is certain is that this Bill increases the risk profile of investment in the energy market for would-be investors. This can only increase costs for market participants, and accordingly the price for Australian families and small businesses.
“We continue to urge the government to work with the business community on reform and policy options which enhance Australia’s economic stability, encourage investment and deliver better outcomes for customers. If the government insists on progressing this bill, we support careful consideration of the detail and a proper consultation process to reflect the unprecedented nature of the interventions it proposes.”
Labor and the government have come to in-principle agreement on the Coalition’s encryption bill. The deal will have to go to the parliamentary joint committee on intelligence and security but this clears the way for it to be legislated this week.
Labor highlights a number of concessions from the government including limiting the powers in the bill to serious offences only and to provide a definition of “systemic weaknesses” to limit backdoors that tech companies can be required to build into their products.
Law enforcement agencies would also require both the attorney general and the minister for communications before they can demand companies build a backdoor.
Disputes over whether technical capability notices create a “systemic weakness” would be determined by a former judge and a person with appropriate technical expertise.
The shadow attorney general, Mark Dreyfus:
Labor has spent five years responsibly improving national security legislation to make Australians safer, and we have done the same thing today.
The government have made important concessions on its earlier position on the Telecommunications and Other Legislation Amendment (Assistance and Access) bill. It appears the government will agree to proposals by Labor that will ensure there is better oversight and limitation of the powers in this bill, and better safeguards against potential unintended consequences.
Importantly, the PJCIS will continue its scrutiny of the bill into 2019, allowing for outstanding concerns to be worked on and further amendments introduced in the new year if necessary.
Following the extraordinary interference with this committee by the minister for home affairs and prime minister, Labor welcomes the constructive negotiations conducted with the attorney general over the past two days.
Let me be clear – this bill is far from perfect and there are likely to be significant outstanding issues. But this compromise will deliver security and enforcement agencies the powers they say they need over the Christmas period, and ensure adequate oversight and safeguards to prevent unintended consequences while ongoing work continues – just as Labor proposed.
I want to issue a call to the government – the trashing of bipartisan process and politicisation of national security that has occurred over the past month must never happen again. There is nothing more important than keeping Australians safe – the government must remember that.
From Mike Bowers, to you: