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

Ta-ta, Senator Heffernan. I note for the record that Senator Heffernan is fleeing the chamber because he has not got a logical leg to stand on in this debate. As I was saying, according to the government, the amendments that the Australian people effectively only saw for the first time a few short hours ago go directly to the question of whether this legislation is likely to be struck down by the High Court. Labor have not even seen the Solicitor-General's advice. They have taken the government on face value. That was made very clear in another place by at least one Labor speaker earlier this afternoon. They have taken the government on face value—again abrogating their responsibilities to this parliament and to the Australian people.

As I said at the start of this contribution, this has been an absolute shambles from start to finish. This is no way to make legislation in this place. I am actually shocked. I have only been in this place a few short months, and I am shocked that I am having to stand here today and defend proper parliamentary process against a gaggle of senators who should all know better—and all have been in this place for a lot longer than I have. I am shocked that the newbie has to stand up and give you guys a very well-deserved lecture about parliamentary process here this evening. It has been an absolute shambles. This is a Tony Abbott driven bill that he brought in at the whim of a few radical right wingers in his party, like Andrew Nikolic—

Senator Rice interjecting—

They are extremists, Senator Rice; I could not agree more. It has been unceremoniously leaked out of a cabinet process on more than one occasion. We have basically had a public debate, with government ministers publicly and vehemently disagreeing with each other, while the legislation was still in cabinet, I might add. I have to say, having been a member of the Tasmanian cabinet for 3½ years and having had to put up with the Liberal Party down there saying all kinds of things about our process, that it never happened in the 3½ years I was in Tasmania that ministers went out and violently disagreed on matters that were still subject to cabinet confidentiality. It never happened there, but it happened up here in relation to this legislation.

We saw introduced into the House of Representatives legislation that was riddled with typographical errors and, presumably, this legislation was still found to be likely to be unconstitutional by the Solicitor-General as late as last week. As I mentioned earlier, we have now had more amendments passed in the House of Representatives today, but we know that those amendments were completed on Friday of last week, because that is the date on the footer of schedule 1, headed 'revised EH190'.

So let's be very clear about this: Labor and the coalition are just making this stuff up as they go along. That has been the categorical out-take from this shambolic process over the last couple of months. You have been making it up as you go along, all the way through, and you have come in here tonight and are making it up as you go along in this place. We do not believe that is an appropriate way to make law in this country. We do not believe it is appropriate that the Senate be ambushed in such a way as Labor and the coalition are proposing to tonight, and we will not be supporting this motion.