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Government loses 'de facto confidence' vote as amended refugee medevac bill passes – politics live Government loses 'de facto confidence' vote as medevac bill passes – as it happened
(35 minutes later)
What. A. Week.
And yes, I know it is only second Monday. But holy moly, for a first day of parliament, that was a doozy.
And it ain’t over yet. Tomorrow, the Senate battle looms.
My eye is already twitching.
We are going to call it a night, but we’ll all be back early tomorrow morning. A massive thank you to Mike Bowers, Katharine Murphy, Gabrielle Chan and Paul Karp for all the intel, humour and food, and of course to the Guardian brains trust, who do more than you could ever know to keep this little project moving.
Thank you to everyone who followed along with us today. It was fast moving and, at times, confusing and contradictory, so thank you for your patience as we worked out exactly what was going on. We’ll be back just before 8am tomorrow. In the meantime – take care of you.
And of course, Mike Bowers is still here.
Outside the trashfire that was the parliament today, the end of days appeared to have arrived:
A bit more from that 7.30 interview:
Question:
Do you think that most believe that a bill allowing for the evacuation of sick refugees will open the floodgates to boat arrivals on our shores?
Dutton:
Well Leigh we saw it when Mr Rudd came into government in 2007, when he said he wouldn’t unravel the successful policies of John Howard. We saw 50,000 people arrive. We saw 8,000 children go into detention and it has taken us six years to clean up Labor’s mess.
Question:
Are you saying that’s what will happen under Labor’s bill?
Dutton:
I believe we will see boats. I think there is no question that people smugglers will be hearing very clearly that the policy in Australia has changed and I think we need to be very cognisant of that. I’ve met tonight already...
Question:
Sorry to keep interrupting, but I want to pick up on the points that you’re making. But for your theory to be true, people smugglers will have to offer a product like this – you can get on a boat to Australia, but there is a high chance that you might be turned back, if you’re not turned back, you might be sent to Nauru and Manus. You might be able to get a medical evacuation [if you can get two doctors and a panel to say you need one]. If you get to Australia you might be able to lodge a court action and find yourself staying in Australia [in detention].
That doesn’t sound like an attractive product?
Dutton:
Well Leigh people are drowning on the Mediterranean. There are 1,200 people who drowned trying to get to Australia last time. That’s the risk...
Question:
You’re saying as a result of this policy, it is making things more attractive for people to come to Australia. It is an unattractive product.
Dutton:
No, this puts Australia back on the map for people smugglers and Bill Shorten has that on his shoulders.
That’s the reality what we have seen in the House tonight. We have got four kids left on Nauru who packed their bags ready to go to the United States.
Nobody in detention on Nauru or Manus. We’ve closed 19 detention centres and Mr Shorten, along with the Greens tonight, has taken a decision that he will unravel that success.
He has announced also, I must say, if boats arrive, that those people are going to Manus, going to Nauru. What’s the point of getting people off Manus and Nauru if you’re only to fill them with new arrivals the following week? And I think Mr Shorten doesn’t yet understand the full consequence of his decision tonight, but I think the Australian public do.
Question:
The bill only applies to people who are currently on Nauru and Manus, how is it going to make it attractive and fill the place?
Dutton:
At the last election Bill Shorten was saying there was no difference on Operation Sovereign Borders between the Labor party and the Liberal party...
Question:
No, that’s not what I asked.
Dutton:
The point I’m making is you couldn’t believe what Bill Shorten says when it comes to border protection. He says one thing before the election and he does the opposite after. If Mr Shorten is elected in May, this policy will apply to people newly arrived on Nauru. It will be a disaster. It will put kids back into detention and Mr Shorten will have to explain that failing if he is elected prime minister to the Australian people.
Question:
Hasn’t the government created this situation for itself by not dealing with the 1,000 people who are on Nauru and Manus?
Dutton:
No, that’s false. We have got an arrangement with the United States where we now have about 500 people that have gone there...
Question:
My point was about the timeliness?
Dutton:
I would want people off Nauru and Manus. People that have come from Iran and found not to be refugees. We need to settle people in third countries and it was not the Labor party but our government that created the opportunity for people to go to the United States, we’ve not ruled out people going to New Zealand in certain circumstances.
So, yes, we’ve dealt with a very difficult situation over a period of time, but we have done it in a way that hasn’t seen kids drown. I haven’t put one child into detention or Nauru. I have got every remaining child, as Scott Morrison stated, out of detention in Australia and I don’t want to go back to those bad Labor days and I worry that Mr Shorten has fired the starting gun again for people smugglers.
That’s a cheap abrogation. The risk is on this govt’s head because you control the operational asset; if you’re serious about shifting the onus then give Shorten the operational levers or call an election, otherwise its yours Sunshine - you wanted the job; own it. https://t.co/NNstMybZJdThat’s a cheap abrogation. The risk is on this govt’s head because you control the operational asset; if you’re serious about shifting the onus then give Shorten the operational levers or call an election, otherwise its yours Sunshine - you wanted the job; own it. https://t.co/NNstMybZJd
That leads to this exchange:That leads to this exchange:
Question:Question:
As home affairs minister, will you abide by the amendments on medical evacuations that passed today?As home affairs minister, will you abide by the amendments on medical evacuations that passed today?
Dutton:Dutton:
Of course, we will. The law will be abided by as it always is. We brought a significant number of people here either for medical attention or people in a family unit to support the person coming here for medical attention, but I am worried about the consequences of the deal that’s been struck between Mr Shorten and The Greens tonight...Of course, we will. The law will be abided by as it always is. We brought a significant number of people here either for medical attention or people in a family unit to support the person coming here for medical attention, but I am worried about the consequences of the deal that’s been struck between Mr Shorten and The Greens tonight...
Question:Question:
Can I interrupt. I want to interrupt you because I want to pick up on something which is about already bringing people out for medical attention. Isn’t there inconsistency that, it has been OK for you to do that, but it will, if Labor and the cross-benchers have their way, it will be open on Australia’s borders?Can I interrupt. I want to interrupt you because I want to pick up on something which is about already bringing people out for medical attention. Isn’t there inconsistency that, it has been OK for you to do that, but it will, if Labor and the cross-benchers have their way, it will be open on Australia’s borders?
Dutton:Dutton:
Under the arrangements that Mr Shorten and The Greens passed through the House of Representatives tonight, we have people that can come to our country from Manus or Nauru. People that have been charged with child sex offences. Child charged or allegations around serious offences including murder.Under the arrangements that Mr Shorten and The Greens passed through the House of Representatives tonight, we have people that can come to our country from Manus or Nauru. People that have been charged with child sex offences. Child charged or allegations around serious offences including murder.
Question:Question:
And how many of those are on Nauru and Manus?And how many of those are on Nauru and Manus?
Dutton:Dutton:
I would suggest to you that Australians don’t want those people...I would suggest to you that Australians don’t want those people...
Question:Question:
How many are on Nauru and Manus. People charged with serious offences like child sex offences?How many are on Nauru and Manus. People charged with serious offences like child sex offences?
Dutton:Dutton:
We will release that detail if it is appropriate.We will release that detail if it is appropriate.
Question:Question:
I’m asking you as the minister tonight.I’m asking you as the minister tonight.
Dutton:Dutton:
The government’s approach is to make sure that the government determines who comes to our country and who doesn’t.The government’s approach is to make sure that the government determines who comes to our country and who doesn’t.
The Labor Party has clearly aggregated that responsibility and they are at the moment, in reckless territory and I think Bill Shorten realises that, but the option for him was to see the left go completely off the reservation and he chose not to side with national security and I think it is a very dark day for the Labor Party.The Labor Party has clearly aggregated that responsibility and they are at the moment, in reckless territory and I think Bill Shorten realises that, but the option for him was to see the left go completely off the reservation and he chose not to side with national security and I think it is a very dark day for the Labor Party.
Peter Dutton has found his way into the 7.30 studios.Peter Dutton has found his way into the 7.30 studios.
He echoes Scott Morrison with his belief that this is not a trigger for an early election.He echoes Scott Morrison with his belief that this is not a trigger for an early election.
No, the independents have been clear about the fact that they support the government on the question of confidence and Kerryn Phelps said today that she would not support a no-confidence motion.No, the independents have been clear about the fact that they support the government on the question of confidence and Kerryn Phelps said today that she would not support a no-confidence motion.
What the vote was about today was a demonstration of whether or not Bill Shorten is capable of leading this country on the issue of board he protection. Clearly, he has failed that very significant test and I think most Australians now see fortunately before the election, unlike the case with Mr Rudd, a Labor Party unravelling a successful border protection policy. That’s a disaster for our country.”What the vote was about today was a demonstration of whether or not Bill Shorten is capable of leading this country on the issue of board he protection. Clearly, he has failed that very significant test and I think most Australians now see fortunately before the election, unlike the case with Mr Rudd, a Labor Party unravelling a successful border protection policy. That’s a disaster for our country.”
But despite the government saying it is an issue which is detrimental to border security, Dutton says he doesn’t believe it is an issue of ‘vital importance’ as in, an election trigger.But despite the government saying it is an issue which is detrimental to border security, Dutton says he doesn’t believe it is an issue of ‘vital importance’ as in, an election trigger.
We have got kids out of detention. We have medical staff up on Nauru for a population of 400 people.We have got kids out of detention. We have medical staff up on Nauru for a population of 400 people.
The claims are false in relation to the medical attention that’s required. This is about Mr Shorten trying to appease the left of his party.The claims are false in relation to the medical attention that’s required. This is about Mr Shorten trying to appease the left of his party.
Mr Shorten has chosen for, you know, the choice between trying to get the politics settled in his own ranks, he has chosen that option over the option of what is in our country’s best interests and I think he stands condemned for his actions tonight.”Mr Shorten has chosen for, you know, the choice between trying to get the politics settled in his own ranks, he has chosen that option over the option of what is in our country’s best interests and I think he stands condemned for his actions tonight.”
On the Senate numbers:On the Senate numbers:
Labor is a yesLabor is a yes
Centre Alliance is a yesCentre Alliance is a yes
The Greens are a yesThe Greens are a yes
Tim Storer is a yesTim Storer is a yes
Last year, Derryn Hinch was a yes. Now, he’s a let me take a look at get back to you.Last year, Derryn Hinch was a yes. Now, he’s a let me take a look at get back to you.
All of the December 2018 Senate ayes would need to sign off on the amendments which have come from the House.All of the December 2018 Senate ayes would need to sign off on the amendments which have come from the House.
Which means, they need Hinch.Which means, they need Hinch.
Because it is very unlikely anyone from the government, One Nation, Brian Burston, Fraser Anning, David Leyonhjelm or Cory Bernardi are going to suddenly change sides on this.Because it is very unlikely anyone from the government, One Nation, Brian Burston, Fraser Anning, David Leyonhjelm or Cory Bernardi are going to suddenly change sides on this.
And from Centre Alliance:And from Centre Alliance:
Centre Alliance welcomes today’s vote on the amended asylum seeker medevac bill.Centre Alliance welcomes today’s vote on the amended asylum seeker medevac bill.
Federal Member for Mayo Rebekha Sharkie said today’s passage of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 in the Lower House was a sensible and considered outcome for a humanitarian issue that has dragged on for too long.Federal Member for Mayo Rebekha Sharkie said today’s passage of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 in the Lower House was a sensible and considered outcome for a humanitarian issue that has dragged on for too long.
“This is good legislation that provides a medical solution for a medical problem,” Rebekha said.“This is good legislation that provides a medical solution for a medical problem,” Rebekha said.
“It addresses the concerns of national security and insufficient timeframes and it ringfences the legacy caseload of those people left on Manus and Nauru for more than five years.”“It addresses the concerns of national security and insufficient timeframes and it ringfences the legacy caseload of those people left on Manus and Nauru for more than five years.”
Centre Alliance’s Immigration spokesman, Stirling Griff, said the Government should be ashamed that the Parliament has been forced to do what it would not.Centre Alliance’s Immigration spokesman, Stirling Griff, said the Government should be ashamed that the Parliament has been forced to do what it would not.
“It is appalling to think that some asylum seekers have been in offshore detention for more than five years and that their mental and physical health has been allowed to degenerate to such an extent that we have had to resort to this Bill,” he said.“It is appalling to think that some asylum seekers have been in offshore detention for more than five years and that their mental and physical health has been allowed to degenerate to such an extent that we have had to resort to this Bill,” he said.
“The Government might like to claim victory for having finally removed children from Nauru but it should hang its head in shame that it did not do so earlier, and not before some children had attempted suicide and were in a catatonic state – and will suffer ongoing PTSD as a result of their experience – all under this Government’s watch.”“The Government might like to claim victory for having finally removed children from Nauru but it should hang its head in shame that it did not do so earlier, and not before some children had attempted suicide and were in a catatonic state – and will suffer ongoing PTSD as a result of their experience – all under this Government’s watch.”
Rebekha said the compromise legislation passed in the Lower House completely negated the argument this legislation would act as a pull factor for people smugglers and open the floodgates.Rebekha said the compromise legislation passed in the Lower House completely negated the argument this legislation would act as a pull factor for people smugglers and open the floodgates.
“Let’s be clear. Operation Sovereign Borders has not ceased and nor is it diminished in any way,” Rebekha said.“Let’s be clear. Operation Sovereign Borders has not ceased and nor is it diminished in any way,” Rebekha said.
“No new asylum seekers have arrived at Manus or Nauru since 2014 – although I note that 34 boats have been turned back or returned to their country of origin.“No new asylum seekers have arrived at Manus or Nauru since 2014 – although I note that 34 boats have been turned back or returned to their country of origin.
“Australia needs to take responsibility for those they have detained on Manus and Nauru.“Australia needs to take responsibility for those they have detained on Manus and Nauru.
“This legislation deals only with those who have serious medical issues and it offers no permanent pathway to a new future.“This legislation deals only with those who have serious medical issues and it offers no permanent pathway to a new future.
“It aims to provide temporary medical support for those needing critical care.“It aims to provide temporary medical support for those needing critical care.
“We now call on the Government to revisit the offer from NZ to resettle a large portion of those on Manus and Nauru so we can deal with this legacy issue.“We now call on the Government to revisit the offer from NZ to resettle a large portion of those on Manus and Nauru so we can deal with this legacy issue.
“People should not have to face a lifetime in detention.”“People should not have to face a lifetime in detention.”
Scott Morrison finishes with this:Scott Morrison finishes with this:
Right now - I should say - still right now, the bill has not gone through the Senate.Right now - I should say - still right now, the bill has not gone through the Senate.
The provisions that relate to character, the provisions that relate to criminal conduct and all of these are stronger than what has gone to the parliament tonight.The provisions that relate to character, the provisions that relate to criminal conduct and all of these are stronger than what has gone to the parliament tonight.
It is, as I said, there was no form of this bill that made our borders stronger and, frankly, there was no form of this bill that made it more humane.It is, as I said, there was no form of this bill that made our borders stronger and, frankly, there was no form of this bill that made it more humane.
There are more than 60 medical professionals and medical-related staff on Nauru.There are more than 60 medical professionals and medical-related staff on Nauru.
More than 60, per head of population, in terms of those they are treating, you will find that to be greater than any part of this country. There are no children on Nauru other than the four that have their bags packed to go to the United States.More than 60, per head of population, in terms of those they are treating, you will find that to be greater than any part of this country. There are no children on Nauru other than the four that have their bags packed to go to the United States.
Don’t kid yourself out there to the Labor Party and those who voted for this bill today and those who will do it in the Senate.Don’t kid yourself out there to the Labor Party and those who voted for this bill today and those who will do it in the Senate.
Don’t kid yourself that somehow you have improved the situation, you’ve only made it weaker.Don’t kid yourself that somehow you have improved the situation, you’ve only made it weaker.
What you’ve done today is say to the Australian people and Bill Shorten in particular and the Labor Party that you’re prepared to trade on these issues, trade on these issues to compensate for your very real weakness and the Australian people have looked at Bill Shorten today and and they’ve found him weak – and he is”What you’ve done today is say to the Australian people and Bill Shorten in particular and the Labor Party that you’re prepared to trade on these issues, trade on these issues to compensate for your very real weakness and the Australian people have looked at Bill Shorten today and and they’ve found him weak – and he is”
My eyes are a little crossed at this stage, but I am pretty sure that Christopher Pyne said earlier, when he was referencing the English civil war, that this move trashed, like, 109 years of parliamentary tradition.
But I think Scott Morrison said it was no big deal because the Coalition did the same thing to Labor in 2013?
The answer, obviously, can only be vodka.
Why not call an election now?
There’ll be the opportunity for that in May and the Australian people will have an opportunity to decide on, not only these issues in May, because Bill Shorten and the Labor party have made it crystal clear that, at the next election, Australians will be deciding, once again, as they did in 2013, as they did in 2001, about whether they want the stronger border protection policies of the Liberal and National party or they want the weaker border protection policies of the Labor party. And in 2001 and in 2013 I thought they sent a very clear message.
He reiterates he does not consider this to be a de facto no confidence motion.
On whether he believes it to be a de facto vote of no confidence:
No, of course it isn’t. I refer you to Kerryn Phelps herself. This was not what that vote was about this evening. If the Labor party want to move such a motion, they should feel free to do so and it will fail. How do I know that?
Because the independents have made that very clear. So it cannot be contorted into that type of an outcome.
It was back in 2013, I’ll reference it specifically if you like? Back in February of 2013, opposition amendments were passed, so this is just back in 2013, opposition amendments were passed on a superannuation legislation bill, service providers and other government measures bill, in very similar, if not the exact same, circumstances as these and the minority government, which was a Labor government at the time, was defeated.
As for the historical precedence, there has been a lot of hyperbole about these things.
The historical precedence need to be put into context. When I made the remarks I did earlier in the week, this is not a matter that goes to the issues that you’ve raised and that’s why it’s not a matter that I intend to act on with those types of consequences. I’m going to get about the business that I’m about every day and that is to ensure we strengthen our economy, we make Australia more secure and we keep Australians together and we do the job we were elected to do.
On what happens now, Scott Morrison says:
My job now, as prime minister, my job up until now, I should say, is to do everything that was in my power to prevent these laws that weaken our border protection, that make all of us less safe when it comes to how our borders operate and now run the very real risk of seeing the boats run again and, believe me, every arrival is on Bill Shorten and Labor’s head, every arrival, every risk is on his head.
To answer the question David has put to me, my job up until now has been to prevent those bills passing and those bills have gone through the House of Representatives.
My job now is to work with our border protection and security agencies to do everything in my power to mitigate the damaging impact of what Labor have done tonight.
The minister for home affairs and minister for immigration, citizenship and multicultural affairs are meeting now with our border protection command to work through the contingency planning that we have been putting in place for this outcome.
This outcome was not unexpected to me and, as a result, we have been putting contingency planning in place and I’ll have more announcements to make about the actions and decisions the government will be taking to address now the risk and the threat that Labor and Bill Shorten have created.
Scott Morrison says the bill will “follow the normal process” – which means he will not attempt to stop it from getting royal assent.
Scott Morrison:
So it is a test that the Labor party and Bill Shorten have failed tonight. I made it very clear that the Liberal and Nationals parties would not be budging when it came to the issue of border protection in this country.
We have had to clean up this mess twice. The Labor party, when they have the opportunity, only break what has been fixed and they have been demonstrating that again tonight in the parliament.
Votes will come and they will go, they do not trouble me. Where we will always stand and the Australian people can always trust us to do is to have the metal to ensure the integrity of our border protection framework.
Bill Shorten and the Labor party demonstrated tonight that they have no such metal, that they will easily compromise these things.
They will be blown about by the winds of whatever may push them one way or the other. He cannot be trusted on our borders and Australia cannot trust Bill Shorten to make Australia stronger. He will make it weaker.
Scott Morrison:
What happened in the parliament tonight was proof positive that Bill Shorten and the Labor party do not have the mettle, do not have what is required and do not understand what is necessary to ensure that Australia’s border protection framework and broader national security interests can be managed by the Labor party.
The Labor party have already said that if they are elected that they will return to the policy of providing permanent visas, permanent visas that lead to citizenship for people who arrive or enter Australia illegally. That is the first tranche of the border protection framework that we put in place in 2013.
They have said that they will abolish that and they will restore providing permanent visas to people who illegally enter Australia.
Tonight - and I should say last year - the Labor party voted on that occasion, in the Senate, without even taking any advice when it came to the national security implications to abolish offshore processing as we know it.
This is the second tranche of the border protection regime that we have put in place.
Now the Labor party may want to think that what they’ve done tonight doesn’t do that and it only demonstrates their lack of understanding about these issues. The Labor party have shown Australia tonight that they cannot be trusted on the second of those core planks of the border protection framework that have been so successful in stopping the deaths, getting the children off Nauru, getting children out of detention, ensuring that we could restore certainty and stability to our refugee and humanitarian intake.
So when Bill Shorten tells you and the Labor party tells you that they can be trusted to turn back boats where it’s safe to do so, I think the Australian people got their answer tonight. He can’t be trusted to do that either. The Labor party and the Liberal and National parties are not on the same page when it comes to border protection.
There is no bipartisanship on this issue. The Labor party have clearly demonstrated that under Bill Shorten’s leadership. They want to go a different path and what we saw tonight was that, yet again, the Labor party have failed to learn their lessons of failure when they have had responsibility for border protection in this country.
They have demonstrated, yet again, that they just don’t understand how to protect Australia’s borders. The importance of the outcome of protecting those borders is to ensure we avoid the human carnage of what we saw last time Labor had this opportunity.
The prime minister says what happened tonight was “proof positive” the Labor party did not “have the mettle” to lead the nation.
Historic moment today, as parl votes to ensure innocent people on Manus/Nauru get the healthcare they need, when they need it. Pleasing to see Labor come back to the negotiating table after Shorten buckled under conservative pressure. Huge win for human rights! #medivac #auspol
The timing of the bill returning to the Senate is most likely to be tomorrow morning.
The Senate adjourns in about 20 minutes, so it won’t be tonight (most likely).
The chamber comes back at 9.30 tomorrow morning. That is when the fun will begin.