Google AI


Modern Australian

Suspense over medical transfers bill goes down to the wire

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

The battle over the medical transfers legislation has become something of a thriller for political tragics.

The government is desperate to head off a defeat next week on the bill. That’s just elevated the issue.

If it had let the legislation, passed by the Senate, go to the House of Representatives last year, instead of staging a filibuster, the matter would be over. It wouldn’t be facing the unhelpful drama surrounding parliament’s resumption on Tuesday.

The Coalition is in minority government and has its back against the wall but this vote is not one of confidence. Its carriage wouldn’t lead to an early election. The poll will be in May, framed by the April 2 budget.

The amendments – based on a proposal advanced by independent Kerryn Phelps - would allow medical transfers from Nauru and Manus on the advice of two doctors. The minister could refuse the transfer on security grounds, but any other rejection would go to a medical panel for reassessment and determination.

A key issue is the definition of “security”. In the legislation, this comes from the ASIO act, which focuses on national security (terrorism, borders and the like), rather than including more common-or-garden criminality.

Scott Morrison has leapt on this to declare the government would be powerless to prevent a paedophile, rapist or murderer coming here.

But that raises the question: How many, if any, paedophiles, rapists and murderers are there among the people concerned?

Read more: Morrison plays scare card on medical transfer bill

We are only talking of a limited cohort – a thousand or so - about whom much is known. After all, they have been confined for the whole period of the Coalition government. Most of them have been found to be refugees.

So the government should be able to provide some facts here. But Home Affairs Minister Peter Dutton’s office was unable to do so, though it noted media reports about alleged criminal activity by some individuals.

Even if there is a risk some criminals could be transferred, it should be remembered that transferees go straight into detention once they reach Australia. The minister has full discretion on whether they stay there, or are allowed into the community. That remains a very strong safeguard.

The Prime Minister also raises the spectre of “hundreds upon hundreds” of people being transferred very quickly – indeed, within weeks.

This sounds an exaggeration but even if it isn’t, the numbers would not be such as to overwhelm the detention system in Australia, as is being suggested. There have already been lots of transfers – almost 900, it was reported this week - without that problem.

The amendments will be passed if they get support from Labor and all but one of the crossbench.

In its attempt the cajole the crossbench and bludgeon Labor the government is using a mix of tactics.

At the start of the week there was an inducement – it would set up a medical assessment panel to review cases. But even Morrison admitted this was, in effect, little more than a comfort blanket – all power would remain with the government.

Then the government wheeled out the heavy ammunition, with The Australian reporting that a Home Affairs department brief, based on advice from ASIO and Australian Border Force, warned of the threat posed to the offshore processing policy by the amendments.

ASIO presumably would not be thanking the government for being dragged publicly into this very political row. (Rather bizarrely, since it was an obvious government “drop”, the Home Affairs department has referred the disclosure to the Australian Federal Police to assess.)

When ASIO and the AFP were moved under the umbrella of Home Affairs (though both remain independent agencies) there were concerns about their being used politically.

This was surely an example of that happening.

While the police were not referred to in the Home Affairs advice, the president of the Australian Federal Police Association, Angela Smith, was quick on Thursday to say that “since being absorbed into the Home Affairs portfolio, the AFP has become politicised by being placed in a number of public compromising positions”.

As it throws everything at the fight over the amendments, the government has been loose with its assertions. For example, Home Affairs minister Peter Dutton said that “doctors including Dr Bob Brown and Dr Richard Di Natale, potentially, can provide the advice”.

Well, no, actually, not those two. Both are qualified medicos but neither is a registered practitioner now.

If the government feels it is on the rack over the amendments, Labor also is in an awkward position, and at least one of the independents finds herself in the spotlight.

Border security is always a vulnerable area for the ALP. In its attack on the amendments the government is targeting the opposition rather than the crossbenchers (some of whom it is lobbying more quietly and carefully).

Labor at this point is backing the legislation but Bill Shorten has made it clear he would like to see a compromise he could support.

An obvious one would be to tweak the definition of the “security” grounds in the bill.

Of course the opposition would want to embarrass the government in next week’s vote, however it is also understandable why Shorten might seek a politically acceptable middle road.

But while Labor needs to sandbag itself against government attack it must keep in mind the many in its own constituency who want a more compassionate position on refugees. If Shorten pulled his support for the bill without a very good reason, he would be in trouble with his own base.

In the event Labor holds firm, all eyes will be on independent Cathy McGowan, the crossbencher whose vote is still a question mark.

McGowan is retiring at the election after two terms. If the fate of the legislation comes down to her, she’ll be facing the biggest decision of her parliamentary career.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more http://theconversation.com/grattan-on-friday-suspense-over-medical-transfers-bill-goes-down-to-the-wire-111376

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...