Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

Let us have a little bit of a look at history, Senator Nash, which you have failed to do but indeed Senator Kroger did. In March last year, after lengthy negotiations with the coalition, the parliament legislated to make income support system arrangements more equitable and more generous for students from low-income families, in line with the recommendations of the Bradley review. This included those from rural and regional communities. You may not be 100 per cent happy with those measures, Senator Nash, but that was the deal and the deal was intended to last longer than just a few months.

At this stage I should highlight some of the points that have already partly been made in this debate, because Senator Cameron is quite right. The measures before the Senate today—which, unfortunately, are historically the first private senators’ bill measures under the new Senate arrangements, as referred to by Senator Hanson-Young—do involve either constitutional vandalism or fiscal recklessness, if not both, on behalf of the coalition. Senator Cameron referred in part to the difficulties that the coalition is having at the moment. Indeed, one does ponder what Mr Robb makes of these arrangements because, if you look at the Bills Digest and the discussion on the constitutionality issues, you cannot have it both ways. This measure either is fiscally irresponsible and reckless or is sheer constitutional vandalism. If you look, for instance, at the reference to Odgers, which a Senate clerk referred to, and the claim that the bill does not appropriate money because it does not have a formal clause to that effect, how on earth can the coalition claim to be fiscally responsible when relying on such a device? You cannot.

The issue of whether this is an appropriation bill is contested between the houses and that debate will go on for some time yet. I note that the very comprehensive letter from the Attorney-General has been made available to the Senate to refer to. I agree that there are some very serious concerns.