Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I thank the senator for her question. I also indicate that the Clerk of the Senate and I are not related at all, so I have no difficulty in saying that on this occasion we disagree with the advice of the Clerk of the Senate, Mr Harry Evans. We have advice, both legal advice and advice from the Clerk of the House of Representatives, that to initiate the bill in the Senate is unconstitutional. It is an appropriation bill and it seeks to ask the Commonwealth to expend funds. I think even in the papers supplied by the opposition they admit that it is going to cost $1.4 billion or so. We think they got their figures wrong. Nevertheless, they concede that it will require the appropriation of funds. Traditionally and constitutionally, it has been recognised that that is not the role of the Senate. We have not had the capacity to introduce and pass appropriation bills in this chamber. That has been reserved for executive government and the House of Representatives. As I said, we have advice to that effect, we advised the Senate of that yesterday and we argued our case. But we did not seek to delay the Senate. We sought to get on and debate the bill rather than relying on procedural questions.