David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I present the seventh report of 2017 of the Selection of Bills Committee. I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 7 OF 2017

1. The committee met in private session on Wednesday, 21 June 2017 at 7.23 pm.

2. The committee recommends that—

(a) the provisions of the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 September 2017 (see appendices 1 and 2 for a statement of reasons for referral);

(b) the Corporations Amendment (Modernisation of Members Registration) Bill 2017 be referred immediately to the Economics Legislation Committee for inquiry and report by 11 September 2017 (see appendix 3 for a statement of reasons for referral);

(c) the Environment and Infrastructure Legislation Amendment (Stop Adani) Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 13 September 2017 (see appendix 4 for a statement of reasons for referral);

(d) the provisions of the Regional Investment Corporation Bill 2017 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 14 August 2017 (see appendices 5 and 6 for a statement of reasons for referral);

(e) the provisions of the Social Services Legislation Amendment (Better Targeting Student Payments) Bill 2017 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 September 2017 (see appendix 7 for a statement of reasons for referral);

(f) the provisions of the Social Services Legislation Amendment (Payment Integrity) Bill 2017 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 September 2017 (see appendices 8 and 9 for a statement of reasons for referral);

(g) contingent upon introduction in the House of Representatives, the provisions of the Social Services Legislation Amendment (Welfare Reform) Bill 2017 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 4 September 2017 (see appendix 10 for a statement of reasons for referral); and

(h) the Vaporised Nicotine Products Bill 2017 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 13 September 2017 (see appendix 11 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Bill 2017

4. The committee deferred consideration of the following bills to its next meeting:

Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2017

5. The committee considered the following bills but was unable to reach agreement:

Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017

Telecommunications (Regional Broadband Scheme) Charge Bill 2017.

(David Bushby)

Chair

22 June 2017

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian citizenship and other Measures) Bill 2017

Reasons for referral/principal issues for consideration:

Determine whether the changes to citizenship requirements will improve national security. Consideration of human rights implications and discriminatory nature of the measures to people of non-english speaking backgrounds.

Possible submissions or evidence from:

Human rights Commission

Australian Law Council

Migration Solutions

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

11 August 2017

Possible reporting date:

11 September 2017

(signed)

Senator Kakoschke-Moore

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian citizenship and other Measures) Bill 2017

Reasons for referral/principal issues for consideration:

The complexity of the Bill means it needs investigation.

Possible submissions or evidence from:

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

16 August 2017

(signed)

Senator Urquhart

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Corporations Amendment (Modernisation of Members Registration) Bill 2017

Reasons for referral/principal issues for consideration:

Bill addresses a deficiency in corporate governance.

Possible submissions or evidence from:

Brett Stevenson

Alex Malley (CPA Australia)

Governance Institute of Australia

Committee to which bill is to be referred:

Economics Legislation Committee

Possible hearing date(s):

August 2017

Possible reporting date:

September 2018

(signed)

Senator Kakoschke-Moore

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Environment and Infrastructure Legislation Amendment (Stop Adani) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Environment and Communications Legislation Committee

Possible hearing date(s):

Mid-July

Possible reporting date:

13 September 2017

(signed)

Senator Siewert

APPENDIX 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Regional I nvestment Corporation Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

State and Territory Governments; Department of Agriculture; the Department of Finance.

Committee to which bill is to be referred:

Rural and Regional Affairs and Transport Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

4 September 2017

(signed)

Senator Urquhart

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Regional Investment Corporation Bill 2017

Reasons for referral/principal issues for consideration:

Due consideration and scrutiny of the bill and the implications of the ANAD audit.

Possible submissions or evidence from:

Department of Agriculture

State Governments

NFF and state farmer peak bodies

ANAO (re: their Administration of Concessional Loans Programs report)

Committee to which bill is to be referred:

Rural and Regional Affairs and Transport Legislation Committee

Possible hearing date(s):

8-10th August (if necessary)

Possible reporting date:

Tuesday 15th of August 2017

(signed)

Senator Siewert

APPENDIX 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Social Services Legislation Amendment (Better Targeting Student Payments) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Community Affairs Legislation Committee

Possible hearing date(s):

Not required

Possible reporting date:

7 September 2017

(signed)

Senator Urquhart

APPENDIX 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Social Services Legislation Amendment (Payment Integrity) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Community Affairs Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

7 September 2017

(signed)

Senator Urquhart

APPENDIX 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Social Services Legislation Amendment (Payment Integrity) Bill 2017

Reasons for referral/principal issues for consideration:

Implications for pensioners, families

Possible submissions or evidence from:

ACOSS, NSSRN, Anglicare Australia, UnitingCare Australia, Catholic Social Services

Committee to which bill is to be referred:

Community Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

(signed)

Senator Siewert

APPENDIX 1 0

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Social Services Legislation Amendment (Welfare Reform) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Community Affairs Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

4 September 2017

(signed)

Senator Urquhart

APPENDIX 1 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Vaporised Nicotine Products Bill 2017

Reasons for referral/principal issues for consideration:

Raises important health and personal choice issues.

Possible submissions or evidence from:

Can provide extensive list based on Select Committee inquiries on Nanny State and also Red Tape.

Committee to which bill is to be referred:

Community Affairs Legislation Committee

Possible hearing date(s):

No preferences

Possible reporting date:

By 13 September

(signed)

Senator Leyonhjelm

I move:

That the report be adopted.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I move:

At the end of the motion, add "and, in respect of the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 and the Telecommunications (Regional Broadband Scheme) Charge Bill 2017, the provisions of the bills be referred to the Environment and Communications Legislation Committee for inquiry and report by 8 August 2017".

Katy Gallagher (ACT, Australian Labor Party) Share this | Link to this | Hansard source

The opposition agrees with the amendment, but I would like to rise and make a few comments about the Selection of Bills Committee report and, in particular, the referral of the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 to the Legal and Constitutional Affairs Legislation Committee for inquiry. We support the referral to the committee, but the opposition would like to put on the record our concerns that were raised at the selection of bills meeting last night about the conduct of that inquiry. The Legal and Constitutional Affairs Legislation Committee is an important and powerful committee of the Senate. Its job is to scrutinise important legislation and report to the Senate, and it is critical for the Senate to be able to perform its responsibilities as a house of review.

Labor has informally raised concerns before that we had about the conduct of previous inquiries, whether it be specific legislation or through the estimates process. Specifically, our concerns are about the ability of the chair to conduct hearings which are respectful both of senators and of witnesses and professional in their approach at all times. The Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill is an important piece of legislation. It is vital that the inquiry is professional, that witnesses are respected and that senators are able to perform their duties as provided for by the relevant standing orders without obstruction or harassment. Whilst it is regrettable to raise these issues in the chamber, in this instance Labor believes it is important to bring our concerns to the attention of the Senate.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I endorse the comments made by Senator Gallagher and want to offer a few thoughts with regard to Senator Macdonald, the Chair of the Legal and Constitutional Affairs Legislation Committee, who, in conducting himself in that role, has consistently demonstrated bias and incompetence. We have seen badgering and bullying of witnesses—

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, resume your seat. I will just remind you that you cannot reflect on a senator in those terms, so I ask you to withdraw those remarks.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I do withdraw those remarks. I guess I cannot call him a lickspittle either.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, I have cautioned you. Please do not take licence with that.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

In that case, what I will say is this: the conduct of Senator Macdonald as the Chair of the Legal and Constitutional Affairs Legislation Committee risks bringing that committee and this Senate as a whole into significant disrepute in the minds of the Australian people. We have seen Senator Macdonald trying to evict me from that committee for doing my job as a senator representing the Tasmanian people and the Australian people, trying to prevent me from asking questions and trying to prevent me from holding the government to account.

The Australian people have witnessed the difference in the way he conducts himself with regard to some witnesses that have appeared before that committee and the contrast in that behaviour with the behaviour he engages in with regard to government ministers who are appearing as witnesses before that committee. If you look at the 14th edition of Odgers, it says, on page 462, this:

It is in the … committee] room that careful, calm consideration can be brought to bear upon a subject, and [senators] can work harmoniously in spite of party differences.

We are in danger of not meeting that standard. We are in danger of undermining public confidence in the Legal and Constitutional Affairs Legislation Committee as a result of the way that that committee is chaired.

With regard to citizenship legislation, which is part of this report, the bill is nothing other than an attempt to remake Australia in Peter Dutton's narrow-minded and bigoted image. It is aimed at demonising—

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, resume your seat. Senator Macdonald, on a point of order?

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

I do not think I need to make my point of order. I think you were about to make the point.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Thank you, Senator Macdonald. I do remind you Senator McKim to refer to those in the other place by their correct titles, and I will ask you to respect them as members of this place and to withdraw that comment.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I withdraw that. But I will make the point here again that the citizenship legislation proposed by Minister Dutton, with the support of the entire cabinet, including Prime Minister Turnbull, is aimed at demonising and ostracising people who are already living, working and raising families in Australia. They are men, women and children who show every day how much they love this country and how hard they are working to contribute to our society and community. They want to make Australia their home. They want to build their lives, or rebuild their lives, in this country. For all their hard work, the government wants to spit in their faces. This legislation is like the policy of a carload of drunk thugs shouting abuse at passers-by. It is the policy of the Cronulla riots.

This legislation assumes the very worst in people—like high-standard English language tests that, I suspect, members of the cabinet would struggle to pass.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

You're a dirtbag.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McGrath!

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

It is no coincidence that these kinds of English language tests were a hallmark of the White Australia policy.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, please be seated. Senator Whish-Wilson on a point of order.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Deputy President, you heard exactly what Senator McGrath said. He needs to withdraw that.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McGrath, I invite you to withdraw those remarks.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I withdraw those remarks.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

I remind all senators that senators are entitled to be heard with respect and in silence. Senator McKim.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

It is no coincidence that high-level English language tests that are designed to set people up to fail were a hallmark of the White Australia policy. This legislation and this government now want to lecture people about violence against women, despite the Minister for Immigration and Border Protection, Mr Dutton, trying to prevent a pregnant woman suffering serious health problems from being let out of detention in Nauru and coming to a hospital in Australia. This government, which impugns the independence of our legal system, including the AAT, now wants to lecture others about the rule of law. This government is trying to bend Australia to its will, to force Australia to give in to our fears, to put up the shutters and to build the fences. But I will tell you now that the government will not succeed, and it is the Australian people who will stop them from succeeding, because whether or not this government manages to change the laws to make it harder to become a citizen in this country, they will not change the fundamental character of our country, because the people will not let them. (Time expired)

Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

Going back to the original issue that started this whole thing, without going into the side lines of Senator McKim, as a participating member of the committee I want to say that I endorse Senator Gallagher's remarks.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

I am the chair of the Legal and Constitutional Affairs Legislation Committee, to which the citizenship bill has been referred. I have already been in touch with the secretariat to try to work out a schedule for approval by the committee at an urgent meeting, which we have just called, so that we can deal with this before the Senate rises. I have given the committee some suggestions as to when hearings could be held in Melbourne, Sydney, Brisbane and Canberra to give everybody the widest opportunity to discuss what is clearly a very important bill, on which there will be lots of different views. Senator McKim espouses one view, which a minority might espouse. This is not the place for it, of course. If my suggestions are adopted, Senator McKim, as a full voting member of that committee, will have at least four occasions in public hearings to question witnesses. But when he questions witnesses he will, while I am chairman, do it respectfully and properly and in accordance with the standing orders.

Another senator in this chamber, who I will not mention, has complained to me that even in the committee he cannot hear what is going on because he sits near Senator McKim who consistently interjects. A senator has raised the same point in this particular chamber, not in the committee, complaining to the President that he cannot hear the President because of the consistent and constant interjections of Senator McKim. I have said many a time in the committees that I chair that I will not stand for that type of behaviour. It is bullying and it is disrespectful, and, as I proved with Lieutenant General Campbell, when senators disrespect witnesses I will insist that those senators either withdraw or remove themselves.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, a point of order.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Quite frankly, I could not care less what Senator Macdonald thinks about me.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

That is not a point of order.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

The point of order is that you required me to withdraw personal reflections on Senator Macdonald. I ask that you hold him to the same standard and require him to withdraw those personal reflections on me.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, I asked you to withdraw comments which I considered to be unparliamentary. I am listening very carefully to the comments made by Senator Macdonald. If he or any other senator in this place makes unparliamentary comments, I will hold them to the same account.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I am making sure that you heard Senator Macdonald call me a bully.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

I do not believe he talked about—

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

He said I engaged in bullying behaviour. I ask you to reflect on that.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, I do not believe the use of that term to be unparliamentary.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Talk about a glass jaw! What I am repeating are actual facts. There has been a senator stand up in this chamber, not in the committee, and request the President to get Senator McKim to be quiet so that senator can exercise his right to hear what is happening in the chamber. The same thing happens in my committee. I have a constant and consistent barrage of interjections from Senator McKim that I will not stand for. There is one member of the opposition—again, who I will not name but those on the committee will know to whom I am referring—who does the same thing. These two senators think they are somehow special and that there are special and different rules for them that do not apply to anyone else.

Senator McKim is also concerned about the fact that, in the committees that I chair, I try to give every senator a fair crack of the time available. It is my consistent position—as all the senators in my committee know—to give each one 15 minutes at a time; no more and no less. They can come back and have another 15 minutes later. That way every senator gets to have their say. That does not suit Senator McKim or the Labor senator I am talking about, who want special privileges. Well, it will not happen. I work on the basis that the questions at estimates should be roughly proportional to the make-up of the Senate. It is my practice, which I will continue, to have one Labor, one Liberal, one Labor, one Liberal and then one crossbencher, because that is roughly the proportions of this chamber. Nothing can be fairer than that. But, of course, it does not suit Senator McKim because he is a member of a very minor party, which is becoming more minor, and he does not get the same say as a member of the Labor Party, who have two or three times as many senators as he has in this chamber.

I can understand why Senator McKim is going around the chamber trying to get some support to get me taken off chairmanship of the committee. I treat that as a badge of honour. He would not want to get rid of me if I was not an effective and fair chairman, and I will continue to be an effective and fair chairman. I will not be bullied by the likes of Senator McKim and one other senator. (Time expired)

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator McGrath be agreed to.

Question agreed to.

The question now is that the amended motion that the report be adopted be agreed to.

Question agreed to.