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Refugee medical transfer bill could act as 'no confidence' motion, expert says – politics live
Government loses two procedural votes on medical evacuation bill – politics live
(35 minutes later)
Tony Burke is now telling parliament the medical panel will NOT get remuneration to avoid the constitutional problem #auspol
This is a group of people who were very aware of the visual impact they would be called upon to make today.
Tony Burke is now arguing Labor’s case.
The cross bench vote together to defeat the government during divisions in the house this afternoon @AmyRemeikis @murpharoo @GuardianAus #PoliticsLive pic.twitter.com/CZLunMtF0v
He says if the government had confidence in its arguments, he would not have asked the Speaker to keep the advice confidential.
The prime minister has come back into the chamber to argue against the amendments.
Porter says: "Voting against this motion is to ignore the constitution". This doesn't get to the high court, he says, this is down to us #auspol
He says it is “not the first time” Labor has “failed the test” on border protection.
Here is what Anne Twomey told Sky a little earlier:
It’s less than a minute in and you can tell he is fighting against the yell
Constitutional expert Anne Twomey: If the government asserts this is a money bill and the House votes for that bill, that could be an indication that the government has lost control of Parliament. MORE: https://t.co/qCXdYiVj4C #speers pic.twitter.com/BfzrLYfZMm
And another reminder – if this bill passes the House, and it is looking like that is going to happen, then it goes back to the Senate.
AG Christian Porter is trying to peel off crossbench votes by saying they MUST make a ruling on s53 of the constitution, but House of Representatives Practice suggests they can decline to form a view on that and just pass the bill #auspol #auslaw pic.twitter.com/IDlz2Oy0Xn
That sound you hear is the filibustering engine starting up.
Christian Porter says it is not a “technical” question, but one that is clearly laid out in the constitution.
Bill Shorten is moving a motion to amend Christopher Pyne’s reject the Senate amendments motion (stay with me) to have the House agree to the Senate amendments.
He says if the House passes the bill, it will give the power to control finances to the Senate.
Which, in short, means we are inching closer to the proper debate and vote on the medevac bill.
“Everything that we do here has a consequence,” he says.
This is actually something that happened.
Porter is telling the House it is "inarguable" that the legislation would impose an increase in a standing appropriation, and trigger an obligation on the part of the minister and the Rem Tribunal. This is not "speculative", he says #auspol
So Pyne moves the Senate amendments be rejected. Bill Shorten has now moved the amendments be agreed to. Pyne says WHERE ARE THE AMENDMENTS. Speaker Smith says carry on everyone #auspol
Christian Porter is attempting to convince the House to vote the bill down.
The government benches are looking very down.
He has warned against the “haste” in which the amendments were created.
Christopher Pyne’s “they will rue ...” is not even enough to unfurrow the brows.
Statement by the Speaker on the Senate amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018. "It is a matter for the House as to how it wishes to proceed with the Senate’s amendments." #auspol pic.twitter.com/BhoQUZdaxq
“They will rue the day they established the precedent ... something, something angry.”
“I will leave it in the hands of the House over how to proceed,” Tony Smith says.
Christopher Pyne is both angry AND disappointed.
The bill is up for debate in the House.
Christopher Pyne is VERY upset by this.
Tony Smith is making a statement on the constitutional circumstances of the bill.
He is referencing England’s civil war, where Charles I tried to put in a ship tax, and the parliament was all “yeah, nah” and the country went to war.
Right. Stakes are RAISED.
I’m not sure anyone on the other side of the chamber cares.
In the last 10 minutes, we have reached de-facto vote of no confidence territory.
But basically, Labor and the crossbench defeated the government’s attempt in the parliament to have this bill declared unconstitutional.
Why?
That’s not a small deal.
As Anne Twomey, one of the nation’s best constitutional experts, told Sky:
It is not over yet - Christopher Pyne is now attempting to move a motion that the Senate amendments be disallowed.
“... If the bill actually gets passed against the wishes of the government, that would be an indication that the government has lost control over the finances of the country.
It's 75-74 again so Labor and the crossbench (minus Katter) have successfully called the govt's bluff that the constitutional issue should be the death of the bill. #auspol @AmyRemeikis
“Now that is critical, in terms of confidence in loss of government.
Labor and the crossbench win that one as well. There is applause from the gallery.
“... Back in 1941, the Fadden government fell when its budget was reduced by one count. It just needs to be a nominal showing of the fact that the government has lost control of the finances.
This vote is the “get on with it” motion Tony Burke has put forward (taking away the renumeration from the independent health panel to get around the section 53 issue).
“So on the one hand, raising this may cause the House to decide, well, in the circumstances, we won’t pass it in this form and so [doesn’t] proceed, on the other hand, if it fails on this point, it is actually putting itself in a more vulnerable position in regards to the issue of confidence.”
No one moves, and Labor and the crossbench win that one as well.
To address one potential query – if the problem is that medical panel members would be paid, does the constitutional problem go away if they work for free?
On Burke's amendment to Porter motion it's 75-74 again so we're on track to deal with the medevac bill itself, if Labor wins this next vote the House refrains to rule on the constitutional issue thrown up at last minute. #auspol
Solicitor general Stephen Donaghue’s advice addresses the point by noting that the Remuneration Tribunal Act creates an obligation on the tribunal to determine the pay of people holding public office. Although the medevac bill itself doesn’t contain provisions about pay, it will cause an expense to be incurred.
Labor and the crossbench win that vote 75-74. Katter and Hogan voted with the government. We're now voting on Tony Burke's amendment nobody moving. #auspol
The government could exclude panel members so that they aren’t paid, but Donaghue said he is “instructed that the government has no intention of making such regulations”.
Just a reminder the last time a government lost a substantial legislation vote was 1929.
It seems to make good the section 53 constitutional point, the government has said – yes, panel members will be paid.
Ayes won 75 to 74.
And then
Now it is time for Tony Burke’s amendments – looks like this is coming to the vote (minus the renumeration of the panel, which removes the money bill issue)
If the house votes on a money bill against the government's wishes, Anne Twomey says - that could constitute a vote of no confidence, @SkyNewsAust https://t.co/mLRJwyUHhM
From the Live Minutes, it looks like this is the vote on amending Christian Porter’s motion, to include Tony Burke’s amendments. If that makes sense.
(Basically, Labor wants to amend Porters KILL IT WITH FIRE motion to get on with it)
It looks like everyone is present and accounted for.
