Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

At the request of Senator Gallagher, I move:

That—

(a) on Tuesday, 27 September 2022:

(i) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20 pm, the routine of business be consideration of the bill only, and

(ii) the Senate adjourn without debate after consideration of the bill has concluded, or on the motion of a minister, whichever is the earlier; and

(b) on Wednesday, 28 September 2022, the Restoring Territory Rights Bill 2022 have precedence over government business between 11.15 am and 12.15 pm.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I seek leave to amend the motion in the name of Senator Gallagher, moved by Senator Wong, to substitute all words after 'That' with the words on the motion by leave circulated in my name in the chamber.

Leave granted.

I move the motion as amended:

That—

(1) On Tuesday, 27 September 2022—

(a) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20pm, the routine of business be consideration of the bill only;

(b) divisions may take place after 7.20pm, for the purposes of the bill only; and

(c) the Senate adjourn without debate after consideration of the bill has concluded, or at 10pm, whichever is earlier; and

(2) On Wednesday, 28 September 2022—

(a) at 9.30am, consideration of the Restoring Territory Rights Bill 2022 for one hour;

(b) from 10.30am, consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 have precedence over all other business until 2pm;

(c) at 2pm, questions;

(d) following questions, the Senate return to its routine of business;

(e) if consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not concluded by 7.20pm, the routine of business be consideration of the bill only;

(f) divisions may take place between 12.15pm and 2pm, and after 7.20pm, for the purposes of the bill in paragraph (b) only; and

(g) the Senate adjourn without debate after consideration of the bill has concluded, or at 10pm, whichever is earlier;

(3) If by adjournment on Wednesday 28 September 2022 the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 has not been finally considered:

(a) the Senate meet on Thursday, 29 September 2022

(b) the hours of meeting for Thursday, 29 September 2022 be from 9am to adjournment; and

(c) the routine of business shall be consideration of the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Bill 2022 only:

(d) the Senate shall adjourn without debate after it has finally considered the bill listed above, or a motion for the adjournment is moved by a minister, whichever is the earlier.

To be clear to senators: this change would still provide for open-ended debate that would ensure the cashless debit card legislation concludes this week. That is the stated aim and objective of the government and of others, on the crossbench, and so the opposition is willing to facilitate that occurring. What we propose is that, rather than an open-ended all-hours debate going into the middle of the night tonight, we actually do this in an orderly way that ensures the chamber gives consideration to these matters at times and in a manner that these matters deserve.

The government is proposing the adoption at a later stage, for the next sittings, of Procedure Committee recommendations to apply more family-friendly sitting hours in this place. That would see us, largely consistent with the House of Representatives, finishing around 8 pm every night Yet now they've come in with this motion, moved by Senator Wong, that could see us sitting here until 11 pm or 1 am or 3 am or all the way through until tomorrow. That's why we've proposed an approach—far more consistent with the normal practices of this Senate—that would see us consider this bill until 10 pm tonight. If it's not resolved, the government gets to come back to it tomorrow and consider it until 10 pm tomorrow night. If it's still not resolved then, then consistent with the suggestion of Senator Pocock last week, we come back on Thursday to deal with this. That is the way in which we can ensure the matter is resolved but it is resolved in a thoughtful and orderly manner.

I do wonder why we're having the hoo-ha about resolving this bill, because Senator Wong spoke about the clear mandate she claims the government has for this bill. Well, I'm actually uncertain that there will be much left in this bill by the time the government have finished gutting their own legislation. They've already had to undertake embarrassing backflips in relation to content of this bill. It now does not seek to achieve what the government took to the election. It barely comes close to it. And yet they're trying to put this on as an order of priority.

We are clear that we're not opposing consideration of this, that we welcome the fact that at least the government is not trying to guillotine it, and nor are we. I put that on record. We acknowledge there is not an attempt to guillotine, and I thank those on the crossbench, who probably argued against a guillotine, for arguing against it. But it should be done in respectful hours. It should be done in hours where there is thoughtful consideration. It should not be a case of legislation by exhaustion. This is an important matter. It deserves serious consideration, and that is why the opposition is offering a serious, viable, credible alternative. I encourage the government to accept our alternative and, particularly, the crossbench to live up to what they have argued before, around family-friendly hours, around decent hours for the consideration of legislation, and adopt the approach that we have applied.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I move:

That the question be now put.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment as moved by Senator Birmingham be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the motion as moved by Senator Wong be agreed to.