Senate debates

Thursday, 18 March 2010

Questions without Notice

Taxation

2:12 pm

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

My question is to the Minister representing the Treasurer, Senator Conroy.

Government Senators:

Government senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Wait a minute, Senator Joyce. You are entitled to be heard in silence. On my right!

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Joyce, wait a minute. Senator Carr and Senator Minchin! Senator Joyce, continue.

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

I am glad they love me; I have missed them.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Joyce, ask your question.

Honourable Senators:

Honourable senators interjecting

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party) Share this | | Hansard source

You know the Libs loathe you!

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Cameron, I am waiting.

Photo of Michael ForshawMichael Forshaw (NSW, Australian Labor Party) Share this | | Hansard source

Senator Forshaw interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Senator Forshaw! Senator Joyce, continue.

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Given the supposed commitment that Labor made to the Australian people prior to the last election that a Labor government would be open and transparent, which part of the principle of open and transparent are you following by withholding the Henry tax review since last year? Furthermore, considering Labor’s commitment to a principle of fiscal conservatism, what part of the principle of fiscal conservatism are you following by the leaking of sections of the Henry tax review and the uncertainty this is causing in the marketplace?

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I thank Senator Joyce for his question from exile. The answer is: yes, it is a big new tax, and it will put up the price of bread and petrol.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Conroy, come to the question.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Sorry, I thought I was actually right on the question, Mr President. I thought I was spot on the question, because I was sure that was the question that Senator Joyce was going to ask me—

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, I rise on a point of order on relevance. Is the minister—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Joyce, I have already asked the senator to come to the question. I hear that you are going to take a point of order on relevance. I understand that. I have already asked the senator to come to the question.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

As I was saying, I welcome the question from Senator Joyce because what we are seeing here is an attempt by those who are advocating big new taxes to criticise the ALP for its commitment to keep taxation in this country below the levels—

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, I rise on a point of order on clarification. Is the minister saying that the Henry tax review is a big new tax?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! There is no point of order.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I appreciate that those opposite, particularly Senator Joyce, are very coy about their desire to introduce a big new tax but this government has an absolute commitment, as part of the Henry tax reforms—a commitment that we gave before the last election, which Senator Joyce referred to when he was asking his question—to keep taxation levels across the economy lower than those we inherited from those opposite: one of the biggest-spending, biggest-taxing governments in the history of Australia. It was bigger than in Gough Whitlam’s period—

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I rise on a point of order. Under sessional orders the minister is required to be directly relevant in answering the question. The question was very concisely referring to principles of openness and transparency. The minister should be asked to be directly relevant or to sit down.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

The minister has 28 seconds remaining. I draw your attention to the question, Senator Conroy.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Thank you, Mr President. I appreciate that very much, because the question, which Senator Abetz chose to ignore, involved references to ALP commitments before the election, which is exactly what I was debating. It also talked about fiscal conservatism. So there are a broad range of issues that are available in answering this question.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I rise on a point of order. Sessional orders require the minister to be directly relevant. A question that is framed referring to a specific pre-election promise does not allow the minister to traverse every pre-election promise that Labor may have made. This was one about openness and transparency and that is what, under sessional orders, the minister needs to address. If he cannot—and we all think he cannot—he should sit down.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

Mr President, on that point of order, what we have had from the opposition, in the taking of that point of order, is a traverse across a range of complaints that that opposition spokesperson may have. What this minister has been doing is answering the question that has been asked. The question was asked in a number of parts, including more than simply about transparency. So those opposite do not have the opportunity to reframe the question but should, if they are going to take a point of order, take a proper point of order and raise the particular issue. My submission is that there is no point of order being raised. The minister has been answering the question. The difficulty, from the opposition’s perspective, is that they want a specific answer to a specific question but they are not entitled to that. They are entitled to ask a question and have an answer that is relevant to the question asked.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I cannot tell a minister—as I have said repeatedly in this chamber—how to answer a question. I did draw the minister’s attention, on a previous point of order, to the question. I draw the minister’s attention again to the question and the fact that there are 12 seconds remaining to address the question.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I am disappointed, but not surprised, to hear those opposite playing politics—their usual political games—with something as important as tax reform. (Time expired)

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, I have a supplementary question. I presume, from the first answer, that the Henry tax review is a big new tax. It seems that that was all the answer we got.

Honourable Senators:

Honourable senators interjecting

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

The first part of the answer that Senator Conroy gave was that it was a big new tax. My supplementary question is: does the Labor government stand by its promise before the election to Independent Contractors Australia that there will be no change to the existing personal services income laws?

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

The Rudd Labor government is focused on the big picture. We are about what the tax system should be for the next decade. The opposition—those opposite—are only interested in playing day-to-day politics. We have created a national debate on important issues—not just on tax—

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Senators Heffernan and Sterle!

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, I rise on a point of order on relevance. This question talks about existing personal services income laws. The minister is giving a ramble. It has nothing to do with the question. Can you direct him to the question.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I draw the minister’s attention to the question. You have 38 seconds remaining, Senator Conroy.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

As I was saying, we are creating a debate on intergenerational issues—health reform and climate change—and on the areas specifically discussed in the question by Senator Joyce. But I am not going to speculate on what the Henry tax review contains. It would be utterly irresponsible to do so. I am not going to speculate upon what an independent tax review panel may or may not have recommended. It will be released, as the Treasurer has indicated, some time prior to the budget.

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, on a point of order: once more, the question talked directly to existing personal services income laws. The minister, so far, has not even broached that part of the question once. He has not even mentioned it once. He has talked all around the issue. In the 14 seconds that are remaining, can you please direct the minister to answer the question that was asked of him?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I cannot direct the minister to answer the question in a way that you may want it answered. He did refer, in his response to you, directly to the question that you asked. I draw the minister’s attention to the question. There are 14 seconds remaining.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

The independent tax review panel has sifted through a wealth of input and has given us its recommendations. As we have always said, we will consider these and release these. (Time expired)

Photo of Barnaby JoyceBarnaby Joyce (Queensland, National Party, Shadow Minister for Finance and Debt Reduction) Share this | | Hansard source

Mr President, I ask a further supplementary question. We did not get anywhere even close to an answer. It is an absolute disgrace. Does the government believe the existing personal service income laws are, to quote Senator Sherry ‘a threat to the integrity of the taxation system and a threat to the working conditions of employees’? Is the government policy now what was promised before the election? Is it Senator Sherry’s anti-small business statement or— (Time expired)

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I appreciate that Senator Joyce was not able to finish all of his question in his 30 seconds. I am not going to speculate. I am not going to simply accept the assertions that Senator Joyce has made about what he claims Senator Sherry has said and what he claims is a contradiction. I will look into this matter and, if there is anything to the claimed contradiction that Senator Joyce is seeking to put to me, I will get some further information and come back to the chamber. On the remainder of his question, let me be very clear—Senator Joyce—we will not be supporting your maternity leave big tax. We have no intention of putting up the prices of bread and petrol, as you are supporting.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, on a point of order: once again, sessional orders require that the minister be directly relevant to the question. To assist the minister, the question was: is the government’s policy what was promised before the election—

Government Senators:

Government senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! I have to hear the point of order first.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

Can I finish?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Excuse me. I have to hear the point of order first. You will be heard in silence, Senator Abetz.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

The question was: is the government’s policy that which was promised before the election or is it Senator Sherry’s anti-small business statement?

Government Senators:

Government senators interjecting

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

The Hansard will disclose that that is what was asked. Senator Conroy said that he did not take on face value that which Senator Joyce asserted Senator Sherry said. That is fine.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

How do you know what—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! Senator Conroy.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

I happen to have actually listened to the question—unlike you, Senator Conroy.

Honourable Senators:

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! If others wish to come into this point of order at the end they are entitled to, but there is to be no debating across the chamber.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

Clearly, the minister was not being directly relevant and he should be sat down.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

There is no point of order. I draw your attention to the question, Senator Conroy. You have 15 seconds remaining to come to the question that was asked by Senator Joyce.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I do appreciate that last attempt at a point of order because, clearly, Senator Abetz was clairvoyant. He knew what Senator Joyce was going to say.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Conroy, come to the question and do not debate the issue.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Thank you. As I said at the beginning of my answer, I am not going to take on face value the report to the alleged contradiction— (Time expired)