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More changes to medical evacuation bill being circulated, with Greens back in fold – question time live Government legal advice says medevac bill 'unconstitutional' – politics live
(35 minutes later)
A quick update from the federal court in Melbourne: David De Garis has been out of the court room for most of the afternoon as lawyers for the AWU ask the judge if they can cross-examine him. Mike Bowers tells me Stuart Robert “is crying” in the House.
The union’s lawyer’s, Herman Borenstein QC, argued earlier that Michaelia Cash’s former media adviser had been “hiding behind a mantra of not being able to recall” as he gave evidence. He’s talking on Labor’s matter of public importance, which is on the misconduct of the banks.
Frank Parry SC, the barrister for the union regulator, the Roc, is opposing the request and the parties have been putting arguments about this since lunchtime. Stuart Robert is supposed to have ministerial responsibility for the tax office, and for stopping dodgy phoenix activity. Yet his fundraising forum has directly benefited from a firm that went bust without paying its tax debts. #auspol
The court has now adjourned to return at 9.30am on Wednesday. Tony Smith told us this advice was dated February 7.
De Garis will then return to the witness stand, followed by Cash’s former chief of staff Ben Davies. Remember a couple of days ago when the prime minister tried to shrug off losing this vote? #auspol
De Garis earlier indicated that it had been Davies who told him federal police were set to raid the AWU’s offices. Basically, money bills need to originate in the House, not the Senate. That’s because of the “burden” on the taxpayer.
The court heard that Friday has been set aside for Cash to give evidence. Let’s remember this is the advice from the solicitor general, who also advised the government that the section 44 MPs were fine. It’s legal advice and can be wrong.
Michael McCormack just ripped a piece of paper as he said “not worth the paper it is written on” and honestly, I think it was the first time in those three minutes three quarters of the chamber realised he was still speaking. Ultimately, it is only the high court which can decide what is unconstitutional.
I swear to Rhianna, if you took a drink for every time Michael McCormack said “Mr Speaker” in his dixer responses, you would be on the floor before the first minute was up. The gist of the advice the Speaker was talking about is the bill is a “money bill” which can not have been introduced in the Senate without offending section 53. But there are caveats. It’s quite a few pages. We’ll get through it and then let you know
Clare O’Neil to Scott Morrison: The Speaker has just tabled advice from the Solicitor-General about the medical transfer bill. The advice suggests the amendments passed by the Senate last year are unconstitutional, because they involve the spending of money. Money bills must come from House, not Senate #auspol
The prime minister and every member of his government voted against the banking royal commission not once, not twice, but 26 times. Why did the prime minister vote against the banking royal commission 26 times? Why did he ignore the victims of the banks to protect the top end of town, and prime minister, why can’t you just say you’re sorry? Speaker Tony Smith has received a letter from the attorney general, Christian Porter, on the medevac bill, which includes advice from the solicitor general. Porter asked Smith to keep the advice confidential. Smith says, as Speaker, he needs to table it. And so he is.
Josh Frydenberg is back: Plot twist (but what, we don’t yet know):
The question is, is the leader of the opposition sorry for the 10,000 victims, over what happened [in] the Storm Financial crisis? I have received correspondence from the attorney general dated 10 February and attached opinion from the solicitor general dated 7 February relating to the Senate’s amendments to the Home Affairs’ legislation amendment miscellaneous measures bill 2018.
The reality is, we on this side of the house provided a comprehensive response to the Hayne royal commission. We are taking action on 76 recommendations. We are putting in place protections for Australian consumers. Greater accountability measures for the financial system. We are ensuring our regulators are fit for purpose. When the leader of the opposition was the financial services minister, he said they were the best in the world. We are taking action to make sure people get redress. An opportunity to be heard and compensated where they have suffered misconduct. There is a clear contrast. Those opposite are playing politics. The Senate message relating to this bill is to be reported after the matter of public importance.
We are getting on with taking action. We are getting on with ensuring that the financial system, the interest of consumers, are put first. We understand the misconduct that has occurred, which has been documented in detail by the royal commission, broken businesses and broken lives. Profits put ahead of people Mr Speaker. Greed that led to those outcomes. That is why we are taking action on all 76 recommendations. As for the Labor party, either they do know what they are waiting for, I’m not sure who they are trying to appease, but with double the time to consider the royal commission, they haven’t produced the response. Which is why I am giving this initial statement now, for reasons that will become obvious. I have determined that I will table the correspondence from the attorney for the information of honourable members.
Anne Aly has pulled out the fidget spinner to get through this next dixer. When I table that correspondence at the conclusion of my statement, members will see that the attorney general, in his letter to me, states that the opinion he attaches to his correspondence from the solicitor general is provided to me on a confidential basis, and to quote the attorney general, quote, ‘I would appreciate you not circulating it further.’
Tanya Plibersek to Scott Morrison: I have advised the attorney general that as Speaker, it is important that I ensure in this instance material available to me is also available to all members of the house.
The prime minister voted against the banking royal commission 26 times, tried to give the big ranks a $17 billion handout, and is now delaying action on the banking royal commission until after the election. Isn’t it the case that this prime minister just cannot be trusted when it comes to the banks, because he is only ever interested in looking after the top end of town? As a consequence, I have also decided to table the solicitor general’s opinion.
Josh Frydenberg takes it: Copies of the tabled documents will now be available at the end of the table.
There is only one side of politics in this house which is getting on with taking action on the 76 recommendations, Mr Speaker. It is we on this side of the house, taking action on the 76 recommendations. And those opposite who were demanding that the report be put out immediately, demanding that they see the report so they can immediately respond to it, have had the report now for eight days, and there is no response, Mr Speaker. And yes, we are running to the tables office.
Let me read to you what the member for Hotham said eight days ago. The member for Hotham said we will implement every single recommendation that is indeed [in the] royal commission’s report. Greg Hunt finishes a dixer, and despite only 50 minutes of questions, Scott Morrison stops question time (also, I imagine, stopping Labor from asking Stuart Robert another question which would be allowable).
Well, where is the response? Where is the response?” But David Littleproud and Joel Fitzbibbon both managed to agree with each other on the need to work together when it came to the flood response in Queensland, with Littleproud thanking Queensland Labor premier Annastacia Palaszczuk and Scott Morrison for working together to make sure immediate financial relief reaches the farming communities.
But that attack seems a little strange, given that the government is also accusing Labor of wanting to destroy mortgage brokers (with one of the recommendations in the Hayne report being a change to how mortgage brokers make their fee, from the banks, to the client) Sometimes, this place can work how it is supposed to.
Because you can’t have no response if you are also trying to “abandon 26,000 Australians working with mortgage brokers”. Another question to Stuart Robert is ruled as being out of order, because of a preamble.
Josh Frydenberg just said something about Labor putting a tax on electricity (among other taxes) and Chris Bowen wants to know WHAT TAX ON ELECTRICITY Scott Morrison mouths something like “too bad” to Bill Shorten across the table.
Not even the front bench, at least in the hook, also known as flagpin corner, is pretending to be interested in the government dixers. Is this a sign?
Probably because they have already had to repeat them ad nauseam on their local radio stations and TV interviews. Strong enough to blow 🐕 🐕 off chains out there... lots of dust. 🌬 (hope the crane driver doesn’t have to work in this.) pic.twitter.com/v4g7xtcdai
Anthony Albanese to Scott Morrison: Just sharing more of the language in the current draft of the medical evacuation bill, with the caveat that talks aren’t yet concluded, so details could change.
Is the prime minister aware that in a candid interview earlier this week the minister for defence was reported to have said, and I quote, “Malcolm is Aslan to me”. From the draft amendments circulated this morning, which I shared with you earlier, a note has been added.
Noting that the pathway to Narnia is through the cabinet, will the prime minister finally tell the Australian people, including the minister for defence, why Malcolm Turnbull is no longer the prime minister of Australia? It reads:
The question is ruled out of order, to the disappointed groans of most of the Labor caucus and, judging by the smiles some in the Coalition are trying to hide, some in the government benches agree. “Any transitory person who is brought to Australia for a temporary purpose must be kept in immigration detention whilst in Australia. That immigration detention must continue until the time of removal from Australia or until the minister determines that immigration detention is no longer required.”
Trevor Evans gets so excited about his dixer, he has to start it again. It’s the most interesting thing to occur within those five minutes. The current draft amendments make it clear that the minister can override a decision to transfer a person from Nauru or Manus by the expert medical panel on security grounds, AND also if the minister “knows that the person has a serious criminal record” and “the minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct”.
Chris Bowen to Scott Morrison: The current draft says the minister must make a decision “as soon as practicable after being informed by the panel of its findings and recommendations”.
The former prime minister Malcolm Turnbull has apologised for not calling the banking royal commission earlier. Can the now prime minister confirm media reports that he was, in fact, the reason for the delay? And will the prime minister now say sorry for delaying the banking royal commission by voting against it 26 times? There’s a caveat though: “if the minister was informed by the panel that the person’s transfer is necessary to prevent an imminent risk to the person of death, serious illness or serious injury, no later than 24 hours after being informed by the panel of its findings.”
Morrison: Mike Bowers spent some time in the Senate:
I refer the member to my comments last year on this matter, where I made it very plain, my regret on not having called the royal commission sooner, but I reminded the member that I’m the treasurer at the time who did call the royal commission.
Labor comes alive, because it has been a long time between lols and, well, they needed one today.
Morrison:
And I’m – I’m the prime minister … who received the report of the commission and I’m the prime minister who is acting on the recommendations of the royal commission.
I’m the prime minister who, when treasurer, introduced the banking executive accountability regime.
I’m the prime minister who was the treasurer, who was with the minister for revenue and financial services, who introduced the Australian Financial Complaints Authority, and increased funding for Asic to ensure that they had the powers and had the penalties and had the resources to do the job.
When the leader of the Labor party was the minister for financial services ... What did he do? What did he do? Nothing! Did he call a royal commission? As leader of the opposition, did he even draft a terms of reference for a royal commission? No! When it comes to financial services, the leader of the opposition seized people’s problems as only a prop for political opportunism.
So in short: this medical evacuations bill more likely to pass than not. Timeframe sorted. Some minor fine tuning underway on ministerial discretion #auspol
Second Monday just keeps on coming up with the goods – Clive Palmer is in the gallery today.
Because it is not enough that he is on billboards, every second TV and radio ad and our nightmares. He must also turn up in person.
While we suffer through the first dixer, which is on “the government’s plan for a strong economy”, let’s head to the Senate where this exchange has occured:
Senator CAMERON (New South Wales) (14:26): My question is to the minister for small and family business, skills and vocational education, Senator Cash. In May last year the minister publicly stated that she had issued instructions for a subpoena relating to court proceedings brought by the Australian Workers’ Union to be set aside. Given the minister has now agreed to appear before the court later this week on this matter, will she cooperate with the court by giving a full and frank account of her involvement in the leaking of details of the federal police raid on AWU offices to the media?
Senator CASH (Western Australia — Minister for Small and Family Business, Skills and Vocational Education) (14:27): I thank Senator Cameron for the question. Senator Cameron, you are aware that the matter is before the court, so it would be inappropriate to comment, but of course I will absolutely cooperate with the court.
Can I just make one small point in relation to what the proceedings themselves are actually about. The proceedings themselves are between the AWU and the Registered Organisations Commission. It is in relation to the proper authorisation of documents and donations made by the AWU to Mr Shorten’s own election campaign and to GetUp. Despite what those on the other side say, that is actually what these proceedings are about. The PRESIDENT: Senator Cameron, a supplementary question.
Senator CAMERON: I refer to reports that her former media adviser, Mr De Garis, has today told the court that he was informed in advance of the AWU raids by the minister’s then chief of staff, Mr Davies. Is this correct? When did the minister first become aware of this conversation between Mr De Garis and Mr Davies?
Senator CASH: Again, because the matter is before the court, Senator Cameron, it would be completely inappropriate for me to comment.
Senator CAMERON: Did the minister have any conversation with her then chief of staff, Mr Davies, on or before 23 October 2017 with regard to foreknowledge of federal police raids on the AWU? Did she at any point in these discussions discuss tipping off the media about these raids?
Senator CASH: Again, Senator Cameron, I have answered copious questions at estimates in relation to this matter. But, Mr President, as the matter is before the court, and Senator Cameron well knows this, it would be inappropriate to make further comment. But I do again remind Senator Cameron what the case is about. It is about the proper authorisations of donations made by the AWU to Bill Shorten’s own political campaign and $100,000 to GetUp. Don’t actually forget what the court case is about, despite everything you say.
Bill Shorten to Scott Morrison:
My question is to the prime minister: this government has created a part-time parliament by scheduling just 10 sitting days in eight months. Why is the prime minister stopping the parliament sitting for more days, which will prevent the parliament from legislating the recommendations of the banking royal commission before the election?
And after voting against the banking royal commission no less than 26 times, why is the prime minister insisting on another delay?
Morrison (not a quote)
We’ll hand down a budget surplus. You’re welcome.
He moves to the royal commission:
It’s now been seven days – eight days and we are still waiting for a response to the royal commission from the leader of the opposition. The leader of the opposition in the Labor party is [responding in principle]. Are we going to have in-principle budget if ever elected? Have we going to have in-principle border protection? Are we going to have in-principle budgets in the future. No!
And we just hit the hour mark. Question time is yet to begin.
The language in the draft amendments circulating at the moment from Bill Shorten says on timeframes: The minister must make a decision under subsection (2): (a) as soon as practicable after being notified; and (b) unless the decision is made on the ground set out in paragraph (3)(a)—no later than 72 hours after being notified.
Again, according to the current draft of the amendments, the revised time frame for determinations applies to the security assessments for asylum seekers.
The draft amendment says: “Within 72 hours of the minister being notified, Asio should advise the minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated.”
Julie Collins is now speaking about the Tasmanian fires.
Bob Katter is back on his feet.
He has a story about sandbagging.