PM hits out after defeat

Shorten ‘weak’ on asylum seekers

PRIME Minister Scott Morrison has suffered a historic defeat on the floor of parliament with Labor passing a Bill to speed up medical transfers of asylum seekers from Manus Island and Nauru.

It was the first time an Australian government has been forced to accept legislation against its will by parliament since 1929.

Mr Morrison ruled out calling a snap election and dismissed claims it was a loss of confidence in his Government.

The PM said Opposition Leader Bill Shorten was “weak”, had failed “the test of mettle”, and told him that if boats returned it would be “on your head”.

Mr Morrison said Labor had voted “to abolish offshore processing as we know it” but the Government would work with security agencies to “mitigate against the damage and impact of what Labor has done”.

He dared Mr Shorten to bring on a no-confidence mo- tion and promised voters would have their say on Labor’s decision in May. The vote came as the Opposition rebuffed warnings by the government’s chief lawyer that the Bill was unconstitutional and ignored 109 years of precedent.

The changes — which will go back to the Senate today — will force the Government to allow asylum seekers into Australia for treatment if a panel of doctors declares that it is required.

The immigration minister of the day will only be able to overrule the panel on security or character grounds.

The Bill passed the lower house by just one vote with Labor joining crossbenchers to pass last-minute amendments to the Bill. Moments before the vote, Speaker Tony Smith released legal advice from Solicitor-General Stephen Donaghue that advised that the Bill contravened the constitution because it required the Government to spend money to pay for the 10-member medical panel.

Under Section 53 of the constitution, only the House of Representatives — not the Senate — can amend proposed laws appropriating money.

Labor then moved an amendment that the panel members would not be entitled to remuneration.

Mr Shorten said the amendments “gets the balance right” and hit out at the PM for his inconsistency.

“The Prime Minister said this was superfluous … now he’s saying it’s unconstitutional,” Mr Shorten said.

Along with Labor, the Bill was supported by Greens MP Adam Bandt and independents Cathy McGowan, Rebekha Sharkie and Kerryn Phelps.