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Federal budget and dual citizenship: four MPs quit after high court ruling – politics live Federal budget and dual citizenship: four MPs quit after high court ruling – politics live
(35 minutes later)
Chris Bowen to Scott Morrison:
This morning the treasurer introduced legislation to reform the income tax scheme. He refused to say what the year by year cost of the scheme would be. Will you tell the Parliament what is the year by year cost of the government’s personal income tax scheme over those seven years?”
Morrison: The shadow treasurer will be well aware of the process for putting together budgets. He was once a treasurer. It for very long, and we will work very hard on this side of the house to ensure he doesn’t get that opportunity again, because of a lack of understanding that he has demonstrated in this place about how budgets are put together. I have made it very clear that the cost of that measure over the medium term is $140 billion.”
#theministerdoesnotanswerthequestion
Chris Bowen to Scott Morrison:
The budget includes a seven year personal income tax scheme. The budget papers outlined three separate steps of the scheme,and the government this morning introduced legislation to implement all three steps of the scheme. Will the treasurer immediately release the separate cost of each step of its personal income tax scheme?”
Morrison: The cost of the plan over 10 years is $140 billion.
We should move to another dixer, but whoever it was supposed to be on the government side doesn’t get up in time, and Bowen jumps up to fill the gap with another question.
“My question is for the PM. Will the PM released a separate cost of each step of the government’s seven year income tax plan?”
Turnbull: the Treasurer has answered that question very well. The question that the member for McMahon and his leader can’t answer is what is going to happen to the Australian economy and thousands of jobs if they were able to manage their tax plan, which is putting up taxes on businesses, on families, grabbing the cash out of retirees...”
He’s told to sit down, because Tony Burke has a point of order, but then decides he has already said enough and concludes his answer.
We move on to the Member for Bonner, Ross Vasta, who gets a cheer for remembering to stand up, and another dixer on just how amazing is this budget, oh really amazing, I had no idea is uttered. Craig Laundy gets this one. He is really looking forward to heading to Queensland this Friday to talk more budget amazingness, apparently.
Bill Shorten tries again:
Prime Minister, is the total cost of corporate tax cuts over 10 years from July 1, 2018 both legislated and proposed to be legislated by this government, is it more than or less than $100 billion?”
Malcolm Turnbull: The honourable member, by the year 2027-2028, the full enterprise tax plan, were it all to be legislated, will have been in full operation for two years. So asking what company tax receipts will be 10 years from now is effectively asking, “What will be the profitability of the corporate sector 10 years from now?” Medium-term estimate has been provided.
Scott Morrison in his latest effort of describing the budget as the greatest thing since Cronulla, refers to the opposition as “you muppet”.
That is ruled unparliamentary.
Bill Shorten to Malcolm Turnbull:
I missed the whole question, but it basically amounts to WHAT IS THE TOTAL OF CORPORATE TAX CUTS FROM JULY 1 2018 OVER THE 10 YEARS, OMG JUST SAY $80 BILLION
The prime minister does not say $80 billion.
I refer him to the earlier answer. The medium term cost of the unlegislated component of the enterprise tax plan currently before the Senate is $35.6 billion over the period from 2016-17 to 27-28. And in 27-28 the projected cost of that is around $9.8 billion.”
As Shorten’s eye begins to twitch, Scott Morrison moves on to the latest dixer, where the budget reaches Collingwood-magically-gets-all-its-greatest-players-from-the-past-100-years-onto-one-roster levels of awesome.
The next #deathtodixers puts the budget at if-a-unicorn-married-a-mermaid-and-held-the-reception-inside-the-world’s-sparkliest-wedding-cake-on-Atlantis-as-Billy-Joel-sang-Elton-John-songs levels of awesome.
Cathy McGowan has the independent’s question - it is on mobile phone blackspots:
“My question is what is the long-term plan to deliver mobile phone coverage to regional Australia? The budget overlooks the challenge of mobile connectivity in regional areas and there is no commitment for future rounds in the mobile phone blackspot program. What is your message to the 200 plus communities in Indi and across regional Australia that will be forced to go without this essential service?”
Malcolm Turnbull: [it’s under review, essentially]
I can also advise the house that the regional telecommunications review has been brought forward and the minister has asked them to hand down their recommendations to the government before the end of the year. The outcomes of the review will show how regional communication looks in the future. It will provide direction on where we need to focus our efforts to ensure contemporary communications in regional and rural Australia. We are committed to fixing the mobile blackspots.”
Paul Fletcher apparently said something interesting. I missed it, but it was enough for Tony Smith to ask him to stop interjecting, and for Tanya Plibersek to start her question to Scott Morrison again:
“When the Treasurer answered the exact same question last year, why was the treasurer refusing to tell Australians how much his corporate tax cuts cost over the next 10 years? So I ask, what is the total cost of corporate tax cuts over 10 years from 1 July 2018, both legislated and proposed to be legislated by the government?”
Morrison: [after being told to stick to the point, and responding with the parliamentary version of ‘I was totally gunna!’]
“Before the point of order was taken, the point I was about to make about the bank levy was how banks are major companies in this country who pay corporate tax and by the time that the major banks in this country would receive a corporate tax rate of 25%, they will have paid in the bank levy more than $16 billion in bank levy back to the government. But the figure ... Look, get your calculator out and get a pen. Write it down and I will help you with the maths. Add $9.8 billion to the cost. It is that simple. I know maths is not your strong suit and no-one on that side can help you. Just add 9.8. It is simple!”
Back to a #deathtodixers and in this answer, the budget is basically if Rihanna and Beyonce had a baby and it was raised in a commune with all the Hemsworths.
Chris Bowen to Scott Morrison:
Following last year’s budget, when asked what is the total cost of tax cuts both legislated and proposed to be legislated by the government, the treasurer answered $65.4bn. One year on, I ask, what is the total cost of the corporate tax cuts legislated and proposed to be legislated by the government?
Morrison, who looks like he is revving up to screaming-at-the-television-in-golden-point-time-yelling levels answers:
The ... medium-term cost of the unlegislated component of the enterprise tax plan, which is currently before the Senate, is $35.6bn. Over the period from now until 2027-2028. The last year of that, the cost is $9.8bn, which includes the cost of that measure as it applies economy-wide, so I will let the shadow treasurer add up if he can. But the point is this, the point is this, Mr Speaker, is that the costings I have just set out is for the unlegislated tax cuts. They would know that once a measure is legislated, it is legislated, so it begs this question Mr Speaker. It begs this question as to why they want to know. Why would you want to know the cost of tax legislation that has already been legislated for small- and medium-sized businesses, unless you wanted to reverse it? Unless you wanted to rip away the tax cuts given for small- and medium-sized businesses in this country, I will tell you! $25bn is the cost to revenue of what those legislated tax cuts gave to small- and medium-sized businesses over 10 years. And you will be out $25bn, $25bn unless you reverse those tax cuts in your plan. Because you went to the last election and you said ... Beating your chest, over there, the great man from McMahon, you are going to reverse the whole enterprise tax plan. You be honest with small businesses, and you tell them, are you going to rip away your tax cuts that have been legislated by this parliament? Or you going to strip it away?”
Holy moly, we haven’t even had question time today.Holy moly, we haven’t even had question time today.
This is insane.This is insane.
Here we go:Here we go:
Bill Shorten to Malcolm Turnbull:Bill Shorten to Malcolm Turnbull:
What is the total cost of corporate tax cuts over 10 years from the 1 July 2018, proposed to be legislated by the government?” (Labor has begun using a $80 billion figure for it - they are now trying to get the government to say it.) What is the total cost of corporate tax cuts over 10 years from the 1 July 2018, proposed to be legislated by the government?” (Labor has begun using a $80bn figure for it – they are now trying to get the government to say it.)
Turnbull: (after a bit of argy bargy over relevance):Turnbull: (after a bit of argy bargy over relevance):
The Treasurer advises that the cost of the unlegislated tax relief business is $35 billion, and the cost in the final year that is outside of the medium-term, figures for which were given at the last budget, is just under $10 billion. But Mr Speaker, what the Labor Party is demonstrating in its questions, and a reference to an $80 billion figure, to which they have simply added $15 billion to $65 billion,has no financial basis. The treasurer advises that the cost of the unlegislated tax relief business is $35bn, and the cost in the final year that is outside of the medium term, figures for which were given at the last budget, is just under $10bn. But Mr Speaker, what the Labor party is demonstrating in its questions, and a reference to an $80bn figure, to which they have simply added $15bn to $65bn, has no financial basis.
“What they have indicated years that their plan is to repeal all of the legislated tax cuts for Australian business. What they want to do is not simply oppose the unlegislated tax cuts for larger businesses, but repeal the tax cuts for Australian owned,family-owned businesses up to $50million turnover, which employed 6.8million Australians. That is what Labor wants to do, undermine the investment, the optimism, the entrepreneurship that is driving record jobs growth that we have seen. 415,000 jobs last year, the record jobs growth, the strong economy that is enabling us to deliver the outcomes for Australian families, 10 million Australians will receive tax relief from the Treasurer’s budget, and we will move to a personal income tax system that is simpler and fairer.” “What they have indicated is that their plan is to repeal all of the legislated tax cuts for Australian business. What they want to do is not simply oppose the unlegislated tax cuts for larger businesses, but repeal the tax cuts for Australian-owned, family-owned businesses up to $50m turnover, which employed 6.8 million Australians. That is what Labor wants to do, undermine the investment, the optimism, the entrepreneurship that is driving record jobs growth that we have seen. 415,000 jobs last year, the record jobs growth, the strong economy that is enabling us to deliver the outcomes for Australian families, 10 million Australians will receive tax relief from the treasurer’s budget, and we will move to a personal income tax system that is simpler and fairer.”
We move on to a dixer, the first of a series I am going to call: “Just exactly how amazing is this budget on a scale of Rhiannon to Beyonce?” which, no offence to Trevor Evans, gives me a chance to run to the bathroom for the first time all day. We move on to a dixer, the first of a series I am going to call: “Just exactly how amazing is this budget on a scale of Rhianna to Beyonce?” which, no offence to Trevor Evans, gives me a chance to run to the bathroom for the first time all day.
So, in the meantime, I have made some calls.So, in the meantime, I have made some calls.
In Longman, the LNP don’t have a candidate ready as yet. And that worries them, because they don’t want the optics of losing a Queensland seat this close to the election. Because they need to hold Queensland, to have any chance of holding on to power, and they are in danger of losing a whole bunch of them. Labor is less worried, but also aware they aren’t guaranteed to hold the seat. And given the amount of time Bill Shorten has spent in Queensland, vying for those votes, and talking fairness (a big deal in the lower and middle income seat of Longman), Labor would like a little more certainty that they will win it. In Longman, the LNP don’t have a candidate ready as yet. And that worries them, because they don’t want the optics of losing a Queensland seat this close to the election. Because they need to hold Queensland to have any chance of holding on to power, and they are in danger of losing a whole bunch of them. Labor is less worried, but also aware they aren’t guaranteed to hold the seat. And given the amount of time Bill Shorten has spent in Queensland, vying for those votes, and talking fairness (a big deal in the lower- and middle-income seat of Longman), Labor would like a little more certainty that they will win it.
In short, both parties are feeling pressure - and that this is a test for the coming election. And neither of them are particularly happy about it. In short, both parties are feeling pressure – and that this is a test for the coming election. And neither of them are particularly happy about it.
Here is what Josh Wilson had to say:Here is what Josh Wilson had to say:
The High Court’s decision in the case of Katy Gallagher has changed the way the law is understood and interpreted in relation to eligibility under s.44 of the Constitution. Until today’s decision the ‘reasonable steps’ test had been accepted for more than 25 years. It continues to be the basis of the Australian Electoral Commission’s advice to candidates (in the current Candidate’s Handbook), and was the guidance I followed when I nominated in 2016. The high court’s decision in the case of Katy Gallagher has changed the way the law is understood and interpreted in relation to eligibility under section 44 of the constitution. Until today’s decision the ‘reasonable steps’ test had been accepted for more than 25 years. It continues to be the basis of the Australian electoral commission’s advice to candidates (in the current candidate’s handbook), and was the guidance I followed when I nominated in 2016.
The new interpretation of the law means the question of whether a person took all ‘reasonable steps’ to renounce foreign citizenship simply doesn’t exist for dual Australian-British citizens, irrespective of the administrative delay in the process (which is generally 2-4 months). Under the new interpretation any prospective candidate must have their British citizenship deregistered before the close of nominations. In my case that was effectively impossible. The new interpretation of the law means the question of whether a person took all ‘reasonable steps’ to renounce foreign citizenship simply doesn’t exist for dual Australian-British citizens, irrespective of the administrative delay in the process (which is generally two to four months). Under the new interpretation, any prospective candidate must have their British citizenship deregistered before the close of nominations. In my case, that was effectively impossible.
I was endorsed as a late replacement Labor candidate in Fremantle on 12 May 2016 and completed the requisite UK Home Office paperwork to renounce my British citizenship on that day. I mailed the renunciation form and attached documents on Friday, 13 May, using express registered post. I received confirmation that the documents has been received by the UK Home Office on Monday, 16 May. The processing fee for renunciation was withdrawn from my bank on 6 June. I nominated the following day, two days before the close of nominations. I received a letter from the UK Home Office dated 24 June saying that my British citizenship had been deregistered, with a copy of the renunciation form stamped 29 June 2016. I was endorsed as a late replacement Labor candidate in Fremantle on 12 May 2016 and completed the requisite UK Home Office paperwork to renounce my British citizenship on that day. I mailed the renunciation form and attached documents on Friday 13 May, using express registered post. I received confirmation that the documents had been received by the UK Home Office on Monday 16 May. The processing fee for renunciation was withdrawn from my bank on 6 June. I nominated the following day, two days before the close of nominations. I received a letter from the UK Home Office dated 24 June saying that my British citizenship had been deregistered, with a copy of the renunciation form stamped 29 June 2016.
I was elected on 2 July 2016. I have not served a single day as anything other than an Australian citizen.I was elected on 2 July 2016. I have not served a single day as anything other than an Australian citizen.
I was born in London when my parents were on a working holiday. My mum was expecting me when they travelled to the UK, and I returned home with them at the age of one after we’d travelled in Europe for 6 months in a Kombi van. Both my parents were born in Australia. My great-great-grandfather came to Fremantle as a convict in the 1860s. I have never lived in the UK, and have only visited there twice, in 1998 and 2012, for a few weeks each time. I was born in London when my parents were on a working holiday. My mum was expecting me when they travelled to the UK, and I returned home with them at the age of one after we’d travelled in Europe for six months in a Kombi van. Both my parents were born in Australia. My great-great-grandfather came to Fremantle as a convict in the 1860s. I have never lived in the UK, and have only visited there twice, in 1998 and 2012, for a few weeks each time.
In any case, the High Court’s interpretation of the law has changed and I respect that ruling. That means I must resign as the Member for Fremantle and contest the forthcoming by-election. In any case, the high court’s interpretation of the law has changed and I respect that ruling. That means I must resign as the member for Fremantle and contest the forthcoming byelection.
As I said in my first speech, I can’t imagine a more meaningful kind of work than to represent the community where I’ve lived virtually all my life. Every opportunity I am given to ask the people of Fremantle to trust me with the responsibility of being their representative in the national parliament is an opportunity I will relish.As I said in my first speech, I can’t imagine a more meaningful kind of work than to represent the community where I’ve lived virtually all my life. Every opportunity I am given to ask the people of Fremantle to trust me with the responsibility of being their representative in the national parliament is an opportunity I will relish.
I am looking forward to once again seeking that trust and responsibility in the weeks to come, and I am happy to be considered by voters in the Fremantle electorate on the basis of my character, principles, work-ethic, and record.I am looking forward to once again seeking that trust and responsibility in the weeks to come, and I am happy to be considered by voters in the Fremantle electorate on the basis of my character, principles, work-ethic, and record.
Georgina Downer (Alexander Downer’s daughter) looks like the strongest Liberal candidate to run against Rebekha Sharkie in Mayo.Georgina Downer (Alexander Downer’s daughter) looks like the strongest Liberal candidate to run against Rebekha Sharkie in Mayo.
Alexander Downer held that seat for 24 years, up until 2008.Alexander Downer held that seat for 24 years, up until 2008.
Tony Burke says the case of Jason Falinski should be referred to the high court:Tony Burke says the case of Jason Falinski should be referred to the high court:
As you know last year, I did move for all of these cases to be referred to the high court, for all the ones where there could be considered any level of grey. The reason this court case doesn’t change anything for the Liberals involved, they are all people that took absolutely no steps. Absolutely no steps. So the reasonable steps test never helped them. There is still a cloud over their citizenship. The right thing for them to do, under, and this is all based on what they made public and what they left in doubt, with Jason Falinski being the one where the evidence appears strongest based on entry in 1958 and Polish passports there. We’re not saying he should leave the parliament tomorrow, but that is one case which should be referred to the court.”As you know last year, I did move for all of these cases to be referred to the high court, for all the ones where there could be considered any level of grey. The reason this court case doesn’t change anything for the Liberals involved, they are all people that took absolutely no steps. Absolutely no steps. So the reasonable steps test never helped them. There is still a cloud over their citizenship. The right thing for them to do, under, and this is all based on what they made public and what they left in doubt, with Jason Falinski being the one where the evidence appears strongest based on entry in 1958 and Polish passports there. We’re not saying he should leave the parliament tomorrow, but that is one case which should be referred to the court.”
Bill Shorten said his MPs did not resign, because they were waiting on the reasonable steps decision:Bill Shorten said his MPs did not resign, because they were waiting on the reasonable steps decision:
I’m giving you the answer. We relied on our advice that says all reasonable steps. Now what the high court has said is that all reasonable steps has to include the bureaucratic processing systems of a foreign government. That hasn’t been the advice we received. Whether or not we like what the high court has decided, they made that decision and we’re going to get on with it. Australians want to get on with debating what is the right sort of budget for the country.I’m giving you the answer. We relied on our advice that says all reasonable steps. Now what the high court has said is that all reasonable steps has to include the bureaucratic processing systems of a foreign government. That hasn’t been the advice we received. Whether or not we like what the high court has decided, they made that decision and we’re going to get on with it. Australians want to get on with debating what is the right sort of budget for the country.
Will Susan Lamb be ready (as in have her British citizenship null and voided by the time of the byelection)
Well, as we saw with more recent Coalition members, it would appear that British authorities are speeding up their responsiveness to resolving these citizenship matters.”
Tony Burke adds to that:
Since this issue has blown up even in the last few months, if you look at Fiona Nash, when that happened, the renunciation took place in three days. So the processes now are quite different. For the reference made earlier about the previous high court decision last year, as to why we didn’t have a response from that, that didn’t test reasonable steps. Because the people who were before the court then were people who had taken no steps to renounce. We have reasonable steps being tested and when you say, oh, what about the legal advice, can I just say, the Australian electoral commission had the same conclusion as the Australian Labor party, and kept that in the candidates’ hand book, even as recently as the Batman byelection.”
Bill Shorten says the Labor party won’t release its legal advice, but he says that he did check to make sure it was still sound when all the section 44 stuff started up again - and it was.
Susan Lamb has not yet renounced her British citizenship. Bill Shorten said he is “sure” she will have completed all the necessary steps by the time of any byelection.
Does he feel like “a goose”? (Don’t @ me, it was a question asked by a reporter at the press conference and I present it so you have the context for his response.)
At all times, the Labor party has acted in good faith. I have replied upon the legal advice provided to me by the Labor party, the same advice provided to Labor leaders since the mid-90s. Our quality candidates have relied on this advice. After asking all candidates to comply with the processes we thought were appropriate, the high court has set a stricter test. Legal experts such as Prof George Williams say they are surprised by this decision. The Australian electoral commission’s hand book for prospective candidates spells out [that] candidates, if they’re a dual national, have to take all reasonable steps. The high court has made the decision, these are the facts we’ve got to deal with, and that’s why all three of these quality candidate will be recontesting at the earliest possible date, and this provides, I must say, although this wasn’t the plan, it provides an early opportunity for Australians to pass a view about giving away $80bn to big business, of which $17bn alone goes the banks.”
Tony Burke on the details:
I met with the speaker and have explained to the speaker the situation, particularly for the members wanting to make sure, as good local members, they don’t want any of the constituent matters they have been dealing with to be disadvantaged in any way. They won’t be returning to the house of representatives until after they come back from the byelections. And they will be spending the next couple of days finalising different constituent matters they have to deal with [so] the resignations themselves will take effect on Friday. And I understand that Tim Hammond’s resignation will be received on the same day.”
Bill Shorten:
The high court has set a new precedent for the eligibility of candidates to nominate and still be constitutionally acceptable under section 44. In good faith, our candidates and the Labor party and I have relied on advice that’s been the same advice for over 20 years.
But the high court has looked at the facts in Senator Gallagher’s matter, they have developed a new test, a stricter test, and we have accepted that.
I’m pleased to announce today that all three candidates, members who have fallen into the section 44 problems which have taken many other people, they have all agreed to renominate, so at these byelections which weren’t sought, it’s an early opportunity for Australians to cast their view on Mr Turnbull’s proposal to give $17bn to the big banks.”
Mike Bowers was there to catch those resignations (except for Justine Keay, because while he is incredible, even he can’t be in two places at once).
Bill Shorten is holding a press conference in about 10 minutes.
A reminder that we still have question time ahead of us.
Oh, and Scott Morrison is still answering questions at the press club, but I might have to come back to that in a bit.
So since Scott Ludlam was made aware of his New Zealand dual citizenship and resigned on 13 July last year, and everyone in the government jumped up and down about how disorganised the Greens were, after Larissa Waters looked into her Canadian birth and found she too was a dual citizen, we have lost or held byelections for:
Barnaby JoyceFiona NashStephen ParryJohn AlexanderMalcolm RobertsJacqui LambieSkye Kakoschke-MooreDavid FeeneyKaty GallagherJosh WilsonJustine KeaySusan Lamb
Queensland and Western Australia are also the two states the Coalition are desperate to win – or at least hold on to – at the next election.
So the “fuck” message I just received from a Coalition source makes sense in that context – the government might enjoy Labor having to eat some humble pie from the section 44 mess, but they are not overly excited about holding a bunch of byelections they may not win, when we are talking about the next election in terms of months, not years.
Out of all of those battles, Longman in Queensland will shape up as the one to watch. Susan Lamb holds that seat by 0.8%. It was one of the surprises of the 2 July 2016 election when she took it from Wyatt Roy and the demographics there are a little strange – it is a mix of working class and older residents, with some young families in pockets.