John Madigan (Victoria, Democratic Labor Party) Share this | Link to this | Hansard source

The Senate is a house of review, yet its role is to be a powerful check on the government of the day. But that depends, of course, on the government. It depends on how the government decides to govern and how it decides to administer the passage of legislation. This process comes under pressure in circumstances like those of the present. Today we have a crossbench that carries the deciding vote. Our current situation, a crossbench that holds the balance of power, is exactly what the Senate was designed for. The proportional representation system of voting that elects senators makes it easier for independents and candidates of the smaller parties to be elected. The fact that we have the current crossbench is not an aberration. It is a sign that our democracy is working. It is a sign that our democracy is working in the way it was designed to work. But the process of legislation is more open to exploitation when a number of those crossbenchers are new to the process.

However well-intentioned or determined, parliament is not a game for amateurs. I have had the privilege to serve in the Senate for three years now. I am the first to admit that the learning curve has been steep, and for me it continues every day. As we address current legislation, I and my staff have attempted to maintain an open door policy. We have received more than 1,000 written submissions in relation to the Future of Financial Advice legislation, for instance. My office has fielded hundreds and hundreds of phone calls, and I have met personally with more than 50 industry and community representatives. We have all burned the midnight oil.

It is a privilege to serve in the Senate. I am here because of the people I represent. It is a responsibility I do not take lightly, so I am deeply concerned by recent developments in this place. I am concerned how the government and the opposition are going about negotiations. I am concerned about how both sides of politics are seeking to exploit the inexperience and naiveté of our newest senators.

Politics is a tough business, to be sure. It is not for the faint-hearted, but much was at stake today. The future life savings of ordinary Australians were in the balance. What we have seen in this place over the past week—and today especially—frankly appals me. I am ashamed of the political shenanigans and tap-dancing going on here. We have seen ministers and members of the opposition come onto us on the crossbench with all the charm and truthfulness of used car sales men and women. The Senate has become a house of legislative tricks and backroom deals; and, over the past week, this has become rampant. We have senators promoting themselves as political heroes, only to ultimately fail. I suspect Senator Cormann would be cock-a-hoop over the deal he negotiated today with the Palmer United Party over FoFA. The PUP's supposed historic achievements are in fact little more than affirmations already supported in the Corporations Act. Mainly, they are already covered under existing financial advice laws. Today was little more than a sideshow con trick by the government. And according to the letter to Mr Palmer from Senator Cormann—tabled in the Senate this afternoon—the Palmer requirements to not disallow the FoFA regulations were a result of discussions this morning. That is right—a mad rush of double-dealing out of the public spotlight at the eleventh hour. Where was the review? Where was the careful examination of argument and debate? These regulations should not have been voted on today. Rash decisions were made. And the government is not alone. The ALP's hastiness to pass the disallowance motion quite possibly led to its ultimate failure.

We have seen hubris today. Scandals will follow. Is this a singular example? Absolutely not, and I refer to an example last week. The Clean Energy (Income Tax Rates and Other Amendments) Bill 2013 was removed from the carbon tax package minutes before the Senate subsequently voted on it. This was done without any warning or notice. The clean energy income tax rates bill will blow a further $2 billion hole into the budget with little reward. Taxpayers earning between $25,000 to $65,000 will be $83 a year better off. Those earning over $80,000 will be $13 better off.

It infuriates me that this bill was voted down at a time when we are purportedly facing a budget emergency. I would have preferred to see this $2 billion spent on families. Instead, it goes on an ideologically based tax cut. This was a stunt. It achieved nothing but headlines and coverage. It allowed the few to shine in the warm glow of publicity, but it did no service to the Australian community.

I urge all in this place to slow down and to act with care. I urge all to consider their decisions and remember why they are here. We are a house of review, not a poker game. While the stakes are high, so too is our responsibility. History will judge us by our actions.