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Nauru bill passes the Senate as lower house adjourns to avoid vote – politics live Labor to allow encryption laws to pass Senate after lower house adjourned early – politics live
(35 minutes later)
Meanwhile, the Senate division bells are ringing.
This bill will be passed, despite Labor’s reservations, and made law pretty much immediately. Meaning security agencies can let loose with its notices to break encrypted communications.
“I want to make sure that this Christmas, that I have done everything I can to keep Australians safe...that is what matters to me,” Bill Shorten says.
“In good conscience, I am not going to go home when I know we can make Australia safer.”
So having lost the game of political chicken, Labor is now rolling over and giving the government what it originally wanted.
“This is not a game, what I don’t like is the government went home. I can’t make the government do its day job,” Shorten says, saying the government was “too scared” to turn up to parliament.
“Merely because these people have done the wrong thing for kids on Nauru..[do I just give up when I know I can make Australians safer]?
Labor is announcing this decision to the government through this press conference
“We’re announcing it through you,” he says.
Thank you to everyone helping to #BackTheBill. We got changes through the Senate today. We now have to wait until February to get a better system for medical transfers from #Manus and #Nauru#auspol
“We offer to let it go forward, without the amendments which are needed … provided the government agrees on the very first sitting day, to pass the amendments we say are needed.”
So Labor will pass the bill, unamended on the proviso the government allows the amendments to go through in February.
But for two months those “needed” amendments will not be part of the legislation.
Not exactly the greatest pobedobesie I’ve ever seen.
Bill Shorten says Labor is prepared to be the “adult in the room” and let the encryption bill pass as it stands now.
“I couldn’t go home and leave Australians over Christmas without some of the protections that we all agree are necessary.”
As previewed by Paul Karp, Labor is going to let the encryption laws pass.
Bill Shorten has begun his press conference.
He said Labor has been put in an “invidious” position with the encryption laws.
This morning v this evening.
Over my dead body @FinancialReview apologies @mpbowers #Nauru #KidsOffNauru pic.twitter.com/JaQ3xTtIdj
Centre Alliance senator Rex Patrick told Guardian Australia his party supports Labor’s amendments to the encryption bill.
Several crossbench parties suspect that Labor is now not going to move its own amendments so the encryption bill will pass this year.
Curiously, Bill Shorten and Mark Dreyfus have called a press conference … Let’s see if that’s what they’re going to announce.
Peter Dutton has popped up from his medical leave:
It is a disgrace that Bill Shorten has played games all day and refused to pass the encryption laws. Australians are less safe as a result and Labor should be ashamed.
He’s away from parliament this week, under medical advice. I made this joke already this week, but that would be the home affairs minister accepting medical advice without the intervention of the federal court.
Bill Shorten and Mark Dreyfus have called a press conference for 6.40pm.
Anyone in Canberra next week, who still wants to talk Canberra, is welcome to come along to this:Anyone in Canberra next week, who still wants to talk Canberra, is welcome to come along to this:
What a day and what a year. Join us for Politics in the Pub w/ @annikasmethurst, @BevanShields, @AmyRemeikis and @rharris334 for our annual End of Year political wrap. Wed. Dec 12 . FREE, but bookings essential > https://t.co/T3qvEazhzA #auspol pic.twitter.com/mxXPgnE8wHWhat a day and what a year. Join us for Politics in the Pub w/ @annikasmethurst, @BevanShields, @AmyRemeikis and @rharris334 for our annual End of Year political wrap. Wed. Dec 12 . FREE, but bookings essential > https://t.co/T3qvEazhzA #auspol pic.twitter.com/mxXPgnE8wH
The Senate has extended its debate until 7pm.The Senate has extended its debate until 7pm.
We are waiting to see if the Greens support any of Labor’s amendments to the encryption bill. If all the amendments fail, the legislation becomes law, without having to return to the House.We are waiting to see if the Greens support any of Labor’s amendments to the encryption bill. If all the amendments fail, the legislation becomes law, without having to return to the House.
If even one amendment gets up, then it has to go back to the House, in February, to be properly ticked off on.If even one amendment gets up, then it has to go back to the House, in February, to be properly ticked off on.
I just noticed there were some queries about the “blood on their hands” question in the Porter press conference. Stand down. The question was about the clear imputation some government MPs were making about the encryption bill delay, after Labor amended it in the Senate, meaning it may not pass, and the reporter was just asking to get a reaction from the AG.I just noticed there were some queries about the “blood on their hands” question in the Porter press conference. Stand down. The question was about the clear imputation some government MPs were making about the encryption bill delay, after Labor amended it in the Senate, meaning it may not pass, and the reporter was just asking to get a reaction from the AG.
Defence Minister Christopher Pyne has deleted this tweet #auspol pic.twitter.com/qdaTbnfDXCDefence Minister Christopher Pyne has deleted this tweet #auspol pic.twitter.com/qdaTbnfDXC
How Mike Bowers (with an assist from Lyndal Curtis) saw the afternoon:How Mike Bowers (with an assist from Lyndal Curtis) saw the afternoon:
Bill Shorten’s adjournment speech was also on this issue:Bill Shorten’s adjournment speech was also on this issue:
I don’t normally take the adjournment but today Australians deserve an explanation.I don’t normally take the adjournment but today Australians deserve an explanation.
They deserve an explanation why this government, which lurches from “crisis to crisis, embarrassment piled on embarrassment, week after week,” Australians deserve to know why they don’t have national security encryption legislation, why the kids are still on Nauru and why their power prices are still going up.They deserve an explanation why this government, which lurches from “crisis to crisis, embarrassment piled on embarrassment, week after week,” Australians deserve to know why they don’t have national security encryption legislation, why the kids are still on Nauru and why their power prices are still going up.
This government has said that these are very important issues, in particular, national security.This government has said that these are very important issues, in particular, national security.
At the beginning of this week they threatened Labor and said: “You must not stand in the way of encryption legislation.”At the beginning of this week they threatened Labor and said: “You must not stand in the way of encryption legislation.”
And indeed, earlier on the 22nd of November, the current prime minister said about encryption legislation, and I quote:And indeed, earlier on the 22nd of November, the current prime minister said about encryption legislation, and I quote:
“Our police, our agencies need these powers now. I would like to see them passed, in fact I would insist on seeing them passed before the end of the next sitting fortnight.”“Our police, our agencies need these powers now. I would like to see them passed, in fact I would insist on seeing them passed before the end of the next sitting fortnight.”
But I regret to advise the Australian people that we’ve arrived at the end of the sitting fortnight, there is legislation passed and amended in the Senate which then comes back to the House of Representatives to be finalised.But I regret to advise the Australian people that we’ve arrived at the end of the sitting fortnight, there is legislation passed and amended in the Senate which then comes back to the House of Representatives to be finalised.
It has ever been thus in the Australian parliamentary system. The House of Reps, or the Senate, amend laws and the other house then considers them.It has ever been thus in the Australian parliamentary system. The House of Reps, or the Senate, amend laws and the other house then considers them.
Now what happened is this government rushed a set of encryption laws which were just frankly, botched. This opposition absolutely worked to get agreement to repair them as best we can, and this morning the government gave us 170 amendments on vital legislation to do with digital privacy, tracking down terrorists and criminals, security, economics.Now what happened is this government rushed a set of encryption laws which were just frankly, botched. This opposition absolutely worked to get agreement to repair them as best we can, and this morning the government gave us 170 amendments on vital legislation to do with digital privacy, tracking down terrorists and criminals, security, economics.
And Labor in the parliament, and the crossbench, have considered 170 amendments and ratified them in the Senate in the last hour.And Labor in the parliament, and the crossbench, have considered 170 amendments and ratified them in the Senate in the last hour.
But apparently, this Christmas, when it was so vital to have national security laws, the government now say: “Five o’clock, time to go home. We will worry about national security next year.”But apparently, this Christmas, when it was so vital to have national security laws, the government now say: “Five o’clock, time to go home. We will worry about national security next year.”
Shame, shame, shame.Shame, shame, shame.
You use national security as a stick to try and score a political angle, Labor looks at national security and says how do we work together to make Australians safe?You use national security as a stick to try and score a political angle, Labor looks at national security and says how do we work together to make Australians safe?
And what has happened is these laws are ready to be passed right now. And every year past when the parliament has laws which arrived late, because the parliament was scheduled to finish at five o’clock for the year, we sit later.And what has happened is these laws are ready to be passed right now. And every year past when the parliament has laws which arrived late, because the parliament was scheduled to finish at five o’clock for the year, we sit later.
Both political parties tell their members of parliament, don’t book your flights, don’t make commitments in the electorates tomorrow.Both political parties tell their members of parliament, don’t book your flights, don’t make commitments in the electorates tomorrow.
Because a tried and true system of government under John Howard and Bob Hawke and even Tony Abbott and Malcolm Turnbull was that if you have laws which need to be passed, and the government has made the case they need to be passed, you stay and do the job. You don’t go home.Because a tried and true system of government under John Howard and Bob Hawke and even Tony Abbott and Malcolm Turnbull was that if you have laws which need to be passed, and the government has made the case they need to be passed, you stay and do the job. You don’t go home.
But under this government, apparently national security is only national security till five o’clock on a Thursday.But under this government, apparently national security is only national security till five o’clock on a Thursday.
Because the bad guys don’t worry about our national security, they will stop at five o’clock.Because the bad guys don’t worry about our national security, they will stop at five o’clock.
We have got a work-to-rule government who is divided and the real reason why we’re not dealing with these laws is because the parliament is expressing the will, in addition to the proper scrutiny of laws.We have got a work-to-rule government who is divided and the real reason why we’re not dealing with these laws is because the parliament is expressing the will, in addition to the proper scrutiny of laws.
We want to see the kids off Nauru, kids who need medical treatment where the treating medicos say they should be done. We simply say, they should get that treatment and the decision-making should be transparent and accountable.We want to see the kids off Nauru, kids who need medical treatment where the treating medicos say they should be done. We simply say, they should get that treatment and the decision-making should be transparent and accountable.
But this is where we now find out the real priorities of this ideologically bankrupt, this morally abject failing government. They are more keen to be seen to maintain their political pride than either protect Australians or get kids off Nauru or even deal with lower energy prices.But this is where we now find out the real priorities of this ideologically bankrupt, this morally abject failing government. They are more keen to be seen to maintain their political pride than either protect Australians or get kids off Nauru or even deal with lower energy prices.
This is a government who are so consumed by their own pride, they have been divided all this year, they got rid of their sitting prime minister, they lost an electorate, and lost some of the members of parliament for whom they have relied on.This is a government who are so consumed by their own pride, they have been divided all this year, they got rid of their sitting prime minister, they lost an electorate, and lost some of the members of parliament for whom they have relied on.
They bullied the member for Banks out of the Liberal party and because of their own internal discord, they are now concerned that children might be able to have a transparent process to receive the medical treatment they deserve.They bullied the member for Banks out of the Liberal party and because of their own internal discord, they are now concerned that children might be able to have a transparent process to receive the medical treatment they deserve.
But this is a government who says national security is number one, unless it’s Prime Minister Morrison’s pride, because then national security is number two.But this is a government who says national security is number one, unless it’s Prime Minister Morrison’s pride, because then national security is number two.
It says the safety of children is number one, unless the pride of Prime Minister Morrison is in danger, then that comes first.It says the safety of children is number one, unless the pride of Prime Minister Morrison is in danger, then that comes first.
This government should be ashamed of itself. It has put its own pride, its own political bacon, ahead of the children on Nauru, ahead of national security and the people of Australia.This government should be ashamed of itself. It has put its own pride, its own political bacon, ahead of the children on Nauru, ahead of national security and the people of Australia.
Right, now that I have had my eighth coffee for the day (a new record) and a read of all the things which have happened, let’s recap.
The government chose to shut down parliament, rather than risk the medical evacuations bill passing against its will.
But.
Parliament resumes in February. 12 February, to be exact. Where it will face the exact same issue.
And a legislative loss on the floor is still a legislative loss on the floor.
A spokesman for the Greens digital rights spokesman, Jordon Steele-John, told Guardian Australia the minor party will oppose all but one of Labor’s encryption bill amendments.
The Greens are considering Labor’s amendment for an intelligence and security committee review by April. But all the others – including one that tinkers with the definition of “systemic weakness” – will not get Greens support.
This, I think, answers a query we had here at Guardian HQ: would Labor really risk passing amendments in the Senate that mean the bill won’t pass by Christmas because it has to go back to the house?
If minor parties and crossbenchers vote down the amendments, the bill can still pass the Senate unamended, with Labor support, and be done by Christmas. Will any of them succeed? We shall see.
And another reader standout (this was technically last year, but I will allow it)
Michael: “My standout moment for this year was when the equal marriage legislation finally passed the House, the public gallery erupting with ‘We are many but we are one; we are Australian’. This year, leadership and healing has come from the Australian people, not from the parliament. I trust our people, not our current lot of politicians.”
On the energy debate, Labor has managed to get to Bob Katter:
To prevent state-owned energy asset privatisation KAP federal leader and member for Kennedy Bob Katter today circulated an amendment to the Treasury laws amendment (prohibiting energy market misconduct) bill 2018 (the divestment bill) which ensures government-owned electricity assets cannot be privatised, forbidding the sale of any electricity assets to anyone except another state or commonwealth owned utility. George Christensen MP agreed to second this amendment.
Mr Katter said this has opened the way for a protected path to “cost only” electricity, as it used to be before privatisation took over the industry.
“Negotiations with the Treasurer has resulted in the government enthusiastically embracing protection from state-owned asset privatisation. For the first time ever, no privatisation is possible as a result of the amendment.
“When the governments of Australia agreed to privatisation and deregulation, within a short few years, effectively four people owned the entire electricity industry of Australia (China’s ownership appears to be between 35% and 62%) with only four people controlling the market they don’t compete against each other – they compete with each other.
“So while it may have touched off a race to the bottom for their employees’ pay, it also touched off a race to the top for their profiteering and CEO salaries. The price of electricity had remained at $670pa per household for 11 years. By 2002 privatisation (or corporatisation) was completed and over the next 11 years the price exploded from around $700 to $2,400 per household. The old saying is free markets mean ‘free to mark-it up to whatever you feel like’.
“I thank the treasurer and I thank George Christensen for playing a key role in this amendment. We wish the government well in their endeavours to create a proper competitive market place. There needs to be 12 or 15 competitors in each of the three components of the industry – generation, transmission and reticulation. I doubt if the government will be able to achieve this, but at least they’re trying, the government must be applauded for showing some real sanity, living in the real world instead of the fantasy land of free market ideology.
“The KAP political party I belong to is determined to seize the balance of power, and all profit and so called ‘returns on invested capital’ will be abolished, price of electricity will go back to where it’s always been – operating costs, maintenance and replacement. This was a system for 90 years in Qld that gave us the cheapest electricity prices in the world and we are determined that we will be returning to those prices.”
The divestment bill and Mr Katter’s amendment protecting state-owned assets from privatisation will be debated when parliament returns in the new year.
And just in case he wasn’t clear in the press conference, Christian Porter has released his statement on the clusterfuckery that was today:
Bill Shorten has chosen political game-playing over the safety of the Australian people.
Labor’s decision to break its agreement with me to ensure the passage of the encryption legislation this week means Australians won’t have the safety afforded by giving national law enforcement and police the ability to access the encrypted communications of those who seek to do us harm.
Labor chose politics over giving our police and security agencies the tools they need to prevent terrorist attacks.
Labor chose politics over giving our police and security agencies the tools they need to break up paedophile rings.
Labor chose politics over giving our police and security agencies the tools they need to prevent murders.
Labor chose politics over giving our police and security agencies the tools they need to disrupt the drug rings that finance terrorism.
Labor has ignored the advice and evidence to the parliamentary joint committee on intelligence and security from organisations like Asio, which told the committee the legislation was urgent in order to keep Australians safe from terrorists, particularly over the Christmas period when the risk is higher.
And Labor’s done this to try to create a procedural disadvantage for the government that would have completely undermined our borders and risk reopening Australia to people smugglers and a repeat of the tragic deaths at sea that we saw under the Rudd-Gillard-Rudd era.
Australia’s security agencies and law enforcement at both the state and territory level enjoy the strong support of the Australian people.
The Australian people take notice when those agencies tell us, the law-makers, that they need modernised laws to be in the game against serious crime.
Unfortunately, Bill Shorten doesn’t seem to share that trust in our security and law enforcement agencies.
Shadow attorney general Mark Dreyfus is today using the fig leaf of an absolutely wrong assertion that there has been some non-compliance by the government with PJCIS recommendations.
We can only hope that over the coming Christmas season, Mr Shorten will reflect on whether in 2018 and the terror threats we face, the political point-scoring in this most important of parliamentary weeks, was worth it.
Gareth Hutchens (making up for not getting me lunch) has stayed back to transcribe Christian Porter’s press conference for you:
Reporter: Labor says that the reason they’ve had to try to move amendments in the Senate is that your amendments didn’t match all the recommendations from the PJCIS. What do you say to that?
Porter:
I say that is a ploy, it is a dressed-up excuse, it is a fig leaf over what we all know here was a tactical arrangement to try and embarrass the government over the Nauru legislation.
That’s what this was about. They had to say something, right? That was the best they could come up with.
Reporter: If there is a terrorist attack over summer, will Bill Shorten have blood on his hands?
Porter:
I’ll let you commentate. We had a deal to pass legislation, which was sensibly amended through a grinding committee process that would have made Australians safer and, ultimately, party politics from Bill Shorten and political strategy has meant that that bill, contrary to their promise, will not become law in time for its use by our intelligence and law enforcement agencies, state and federal, over this summer.
And I say, I am just bitterly disappointed for the Australian people and I have never myself felt so personally disappointed at the breaking of an arrangement that was quite clear.
Reporter: If it’s that vital, Christopher Pyne could keep the House going, couldn’t he?
Porter:
Well that would be doing exactly what Labor wants, which is bringing back a bill on Nauru to embarrass the government potentially, and undermine our border protection policy. So they’re making a price to be paid, which is unbelievably high. They are sacrificing one piece of national security legislation in the process of trying to damage another fundamental tenant of our border security.
Of course we wouldn’t do that. And that’s why I’m so bitterly disappointed for the Australian people because if Labor were willing to break a deal that would have given them greater protection to try and score a political point. I am savagely disappointed.
Reporter: But on your logic there, are you saying that it’s more important that the government’s not embarrassed or that these laws are not passed?
Porter:
I am saying, as we have said all day, what is fundamental is that the government’s border protection policy, which relies on offshore processing is not undermined, which there would be a very large chance that it could be undermined if the bill that Labor wanted to have back in the House came back to the House.
Reporter: Can you explain why that’s the case, the minister would still have ultimate authority, wouldn’t they, under these changes?
Porter:
Well as we said in the House today, it’s already the case that an appropriate and necessary circumstance is we medically transfer people from Nauru. We do that already. But the bill up there [in the Senate] takes the minister’s discretion down to nothing and sends the message to people smugglers that there is a process way out of the hands of the government to ensure arrival and entry to Australia.
Reporter: Does it send that message because the prime minister said today that it [in is] people smugglers’ [interest?]. Hasn’t the government sent that message?
Porter:
Well let me put this to you. You’re asking what is different to what’s being proposed up there [in the Senate] to what happens now. We already medically transfer. But there is a difference, which is why it is being moved there, because it’s not precisely the same.
It compels the government into a position and that means that there’s a fundamental weakening of one of three critical planks to our border protection and border control policy, which is offshore processing.
I’ll just say again. We are not going to let the border control of this nation be destroyed by a private member’s bill.
Reporter: Have you seen these extra amendments that Labor’s put up?
Porter:
I haven’t. And you would have thought, if there was something real here, if it’s something that they actually thought needed changed, then they might have sent those amendments around to my office. As we have done with them, courteously over the last 48 hours. I’ve never seen anything like it.
Reporter: Doesn’t this prove that the government has lost control of the House?
Porter:
Not at all. I mean, had the agreement been honoured by Labor, Australians would have been protected with a new landmark scheme that allows law enforcement agencies to have the types of authority that they need to protect Australians. The reason why there’s dysfunction here is because the Labor party, in their attempt to embarrass the government, broke a deal, and all they’ve done is make for an unsafer Australia and embarrass themselves.
Thank you.
Kerryn Phelps talking to Sky:
“I am sad that we didn’t get this through today, because I think we would have had the numbers … but we will be back in February, so there is light at the end of the tunnel.”
The house adjourns for 2018- we are done, love youse all @AmyRemeikis @GuardianAus @murpharoo #PoliticsLive pic.twitter.com/W6I16kDdqq
There were 28 divisions in the Senate all up today.
On the 17 March 2016, there were 38 divisions, but that day was suspended and continued the next day.
Labor will continue to move its amendments in the Senate on the encryption bill, despite the House having adjourned, meaning it can not be passed.