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Tumult in your Model Parliament: private members overtake government bills (Fri 21 Aug 2015)

FRIDAY 21 AUGUST 2015 | NATIONAL POLITICS | CITIZENS’ PRESS
There’s finally been some activity in parliament this week. Very little of it has interfaced with the community, but at least some debates have been underway. Three new bills were introduced into the House of Representatives and could pass next week (the government’s previous commitment to public consultation has gone out the window). The first tied vote almost happened. Diplomatic relations have been extended, but the government hasn’t made any announcements. The possibility of holding any constitutional referendums at the next federal election sits on a knife edge.
Up until today, most of the week’s excitement in /ModelParliament and /ModelAusHR had come from lurker281 MP. Finally, on Friday, there has been some new play from the government, opposition and cross-benches. The deafening silence from most Government MPs has seen private members’ bills supplant the Greens’ legislative agenda. Conversely, Labor MPs’ non-participation has cost the Deputy Opposition Leader two votes in the House.
SOCIALIST ALTERNATIVE, LIBERAL PARTY & AUSTRALIAN PROGRESSIVES
The Socialist Alternative’s only sitting politician, lower house member for Melbourne Surrounds lurker281 MP, announced their departure from that party and has now joined the Australian Progressives instead. They retain their seat in parliament. An official statement from the MP is expected in parliament soon, announcing their move from the cross benches to the opposition benches. This move was due to party inactivity, not because of internal conflict (unless GuestAlt has any leaks to report).
Both the Liberal Party and Socialist Alternative are now gone from the 20-member parliament. The Greens, Labor, Progressives, Catholics and 3 independents remain.
More: [Public Forum] Lurker281, Member for Melbourne Surrounds. More: [PRESS CONFERENCE] Lurker281: Leaving the Socialist Alternative Party. More: [Press Conference] Lurker281: Joining the Australian Progressives.
IMMIGRATION PORTFOLIO: DETENTION OF NON-CITIZENS (OPPOSITION COALITION)
The week’s major policy development has also come from lurker281 MP who introduced their hotly-anticipated Migration Amendment bill, with personal support from the Prime Minister. It was their last act before leaving the Socialist Alternative. The new measures, if passed, will have budget implications and could undo the slashing of the Sovereign Borders budget announced two weeks ago. In-principle support from the government is due to be tested in parliament when the bill is debated.
Lurker281’s introductory speech (“second-reading debate”), highlighted measures for the humane processing of asylum seekers, new minimum standards for detention centres, and an option for community onshore processing. The effects of the bill have not yet been itemised in parliament, but a preliminary analysis of key provisions by Citizens’ Press reveals:
Section 4AAA Immigration detention: Declares detention centres as a last resort, to be used for the shortest time possible, and only to manage risks to the community while a non-citizen’s immigration status is being resolved (visa or deportation).
Section 38B Maritime crew visas & Section 114 Visas 7 Section 133F: Allow legal recourse relating to detention.
Section 133F & 137K Applications: Remove statute of limitations.
Section 154: Repeal some legal immunity from detention enforcement officers.
Section 189(1) Detention of unlawful non‑citizens: Limit the justifications for mandatory detention and make it discretionary, unless the person poses an unacceptable risk to the community.
Section 193 Application of law to certain non‑citizens while they remain in immigration detention: Remove limitations on legal rights.
Section 194A Temporary community access permission: This entirely-optional strategy (allowing a ‘detained’ person to be unrestrained and unsupervised during processing) was introduced by Rudd Labor but did not make it through parliament. An extensive discussion of it, including public submissions and parliamentary committee review, can be found IRL (PDF, 47 pages, 615 kB).
Section 256: Ensure mandatory advice is given to detainees rather than waiting for them to request it, so that no one misses out.
Section 508 Detention Centre Conditions: Raise the minimum standards for detention centre conditions and treatment will “require a significant increase in spending”.
There has not been public consultation on this bill, however some questions were raised in lurker281’s personal public forum.
Portfolio Office Bearer Party Achievements
Minister for Immigration and Tourism Hon VoteRonaldRayGun MP Australian Greens None
Private Member lurker281 MP Socialist Alternative (now Australian Progressives) Migration Amendment (introduced)
More: lurker281 MP’s introductory bill speech (second reading debate, opening remarks) More: [Public Forum] Lurker281, Member for Melbourne Surrounds. More: M2015B00009: HoR 12-8: Bill – As Introduced – Migration Amendment (Detention of Non-citizens) Bill 2015, Monday 17 August 2015
ENERGY PORTFOLIO: CARBON PRICING (GOVERNMENT) & RENEWABLE ENERGY TARGET (OPPOSITION COALITION)
The Treasurer Hon agsports MP (possibly acting in a personal capacity to spur discussion) recently floated the idea of re-introducing a fixed-price carbon tax. A public forum is currently underway in /modelparliament. So far, most of the public opinion has favoured an international capped-Emissions Trading Scheme (ETS) at market rates, not a carbon tax. Add your voice today!
This comes hot on the heals of the Opposition Coalition’s (Labor and Progressives) launch an enhanced Renewable Energy Target. The government has silently supported this revised RET in parliament, but we haven’t heard how it will achieve the results, given Australia’s backward steps since 2013.
The Greens’ Energy Minister, Hon TheEvilestElf MP, has been AWOL for two weeks and has not publicly commented on any of these issues at any stage.
Portfolio Office Bearer Party Achievements
Minister for Resources and Energy Hon TheEvilestElf MP Australian Greens None
Opposition Coalition Leader Senator Hon this_guy22 Australian Labor Party RET Act (50% by 2035, 150 TWh)
More: Public consultation on re-implementation of a carbon tax More: Good Policy - The Building Blocks of a Good Government.
HEALTH PORTFOLIO: UNIVERSAL DENTAL CARE
The Progressives are making good on their [election promise of federally-provided free dental care](3d7usf) by announcing the Denticare bill today. Read their press statements, view the bill, and join in the conversation now. It’s worth up to $10 billion a year, with the cost partially offset by an increased Medicare Surcharge. Their Opposition Coalition partner Labor has challenged the government to help fund it by repealing the $3b private health rebate and removing the 50% capital gains tax discount.
Portfolio Office Bearer Party Achievements
Minister for Health ? Australian Greens ?
Shadow Minister for Health phyllicanderer MP Australian Progressives Denticare Bill (TBC)
More: [Press conference] Introducing the Dental Benefits Amendment (Denticare) Bill 2015
DEFENCE PORTFOLIO: DECLARATION OF WAR
Since the Greens announced a $4 billion cut to the military budget, there have been few if any announcements about Defence. Today, the Minister for Defence Hon MadCreek3 MP has floated the idea of Constitutionally blocking the Executive Government’s power to declare war. Currently, the Commander-in-Chief (Governor-General) can declare a time of war based on Government Ministers’ advice in the Top Secret Federal Executive Council. It is currently a signatory to the United Nations Charter which means this is only done in cooperation with the UN Security Council. The last time Australia declared war was 1939. Instead, Australia’s involvement in the modern era is usually by providing assistance to allies at war.
Community feedback so far has been against Constitutional change, especially due if it means giving up Australia’s ability to act quickly and with the necessary secrecy. Instead, it’s been suggested that some kind of parliamentary parliamentary supermajority should be required to keep our troops on the ground. This would amount to resolving that current actions are reasonable, without necessarily revealing confidential information. This kind of power could also be used to limit sub-war campaigns like in the middle east, whether combat or training. Add your voice today!
More: [Public Consultation] Parliamentary Right to Declare War
THE TIE-BREAKER THAT WASN’T TO BE
Up until now, the government and opposition have generally been able to negotiate agreement and vote together, meaning most motions pass with an absolute majority of members voting Aye (albeit rarely unanimously). But on Tuesday, a House of Reps vote was tied 4:4 for the first time, with Government MP Hon TheEvilestElf and Cross-Bencher MP Sooky88 absent. The tie was broken by a 5th Aye from the government, narrowly defeating the opposition when coalition Labor MP CyberPolis didn’t show up to vote. Speakers of the House haven’t yet needed to exercise a casting vote.
REDDIPOLL SUMMARY AND ANALYSIS
Several people in parliament still aren’t doing ReddiPoll. Last week was another low show from Greens, with only 4 turning up (out of 8 in parliament and over 40 party members flaired). ReddiPoll is going a couple of weeks without new laws for you to vote on, because nothing’s been passed through parliament recently. The current government has only introduced 2 new bills in the first 5 weeks of its term (one in the first week and one this week). The Senate is still discussing bills from nearly 60 days ago. The public confidence-in-government rating has shifted from ‘unsure’ to ‘wrong direction’. We’re now relying on private members’s bills to keep the place alive. However, Greens voters are likely to get mobilised for the Senate half-election in September, meaning results could go in any direction from now on.
More: Previous week’s summary and analysis
PUBLIC FORUMS
Compensating for the lack of official policy consultation from the government, several personal public forums have been held in /modelparliament. The ones mentioned above, plus more below:
More: [Public forum] Unhappy with the government? More: [Public Forum] MadCreek3 - MP for Melbourne Urban and Minister for Foreign Affairs, Trade, and Defence
SOCIETY PORTFOLIO: MARRIAGE EQUALITY
It’s been a messy weak for Marriage Equality in parliament. [Ed: typo in weak, but it seems apt.]
There have been some anaemic attempts at debate in the Senate. Finally, a recent amendment from the Australian Catholic Party Senator Cwross has generated some counter-opposition almost 60 days since the Marriage bill was introduced. There it remains.
In the House of Representatives, the Australians Progressives’ Deputy Opposition Leader phyllicanderer MP moved to censure the Marriage Alliance’s recent actions described by some as hate speech. The Greens Attorney-General Hon Ser_Scribbles MP succeeded in watering down the motion when the (almost) tied vote went the government’s way. Immediately afterward, phyllicanderer’s attempt to restore the force of the motion failed when no one seconded it, despite Labor and the Socialist Alliance previously debating in favour of the strongest wording.
The basis of the government’s challenge was that an Australian Government has no constitutional, legal or moral right to legislate against citizens’ freedom of political speech, and therefore has no right to condemn it. Others argued that fraudulent and discriminatory speech causes harm to citizens and their rights, and so deserves the parliament’s condemnation on those grounds. Like many large scale political debates, it was a battle between the freedom of one group and the rights of others.
After waiting 8 days for MPs to debate it, it was put to the vote. Here is is:
The House of Representatives:
  1. Recognises that the Marriage Alliance has released an advertising campaign on television and online, meant to evoke fear and anger in Australians about proposed marriage equality laws; and
  2. That where the “Marriage Alliance” has stated:
    (a) that people could lose rights; and
    (b) that sex education for children would change if the proposed laws were passed; and
    (c) that children will have their rights negatively impacted under the planned new laws,
    the House categorically rejects these statements as false.
  3. That the House acknowledges that real pain has likely been caused as a result of the Marriage Alliance’s unfounded advertising campaign.
Portfolio Office Bearer Party Achievements
Minister for Society Senator Hon Team_Sprocket Australian Greens Marriage Equality Act
Deputy Opposition Coalition Leader phyllicanderer MP Australian Progressives Marriage Alliance Motion
Shadow MP for Society CyberPolis MP Australian Labor Party None
HOUSE OF REPRESENATATIVES: SETUP & COMMITTEES
Only one committee has been appointed, and it’s just an internal committee that doesn’t relate to portfolio policies. Therefore, the Setup thread remains pinned at the top of this sub.
The Procedure Committee only began meeting this afternoon. It now has a chance to deal with the Prime Minister’s motion to sack two members. It will also consider an Opposition amendment to re-arrange the general-purpose portfolio committees. Ministerial responsibility for Employment remains unclear.
FOREIGN AFFAIRS PORTFOLIO: AMBASSADORS & ATTORNEY-GENERAL’S PORTFOLIO: HIGH COURT
News remains under wraps.
SENATE
The Senate has remained mostly idle for another week, with a late start on Monday their foot off the throttle through much of the rest. It almost gave up on hopes of fully debating the National Integrity Commission and Marriage Equality bills in committee. With the NIC, Labor successfully passed a option to reduce penalties for threatening or causing harm or loss to witnesses: allowing a fine instead of jail time. It passed today the Green government’s support. A win for rich, corrupt politicians.
The controversial motion to change Senators’ terms has been withdrawn, so it never got a chance to be debated.
submitted by jnd-au to modelparliament [link] [comments]

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