Death in the Senate

Punter power on display.

By Gary Scarrabelotti

As of writing, it looks as if the MAD Bill will die in the Senate.

Albo Labor’s notorious Misinformation and Disinformation Bill 2024 passed the House of Representatives on 7 November.  It now goes to the Senate where doom awaits.

How come?

First of all, and thanks in part to Peter Dutton, Leader of the Opposition in the Federal Parliament, ambiguity within the Liberal Party over how to handle ‘misinformation’ – I wrote about that here – has now been dispelled.

It’s reminiscent of the “Voice” campaign.

Back then, independent actors such as Advance Australia took the initiative to tackle head-on Labor’s project to rejig the Constitution in favour of a race-based “Voice” to Parliament.  That proposal was defeated comprehensively in the referendum held on 14 October 2023.

Well, it was only after Advance Australia’s No campaign had developed a head of steam that Peter Dutton pulled the Liberal Party (or most of it) into line behind the No case.

The second — and doubtless the greater — factor in play is that the “independent actors” this time around are the “Punters”: that’s us!

Since 12 September, when the MAD Bill was introduced into the “Reps”, the Punters have been driving a tidal wave of letters, emails and phone calls into the offices of MPs and Senators objecting to the MAD legislation. The bombardment has become particularly intense since 7 November. Receptionists working for MPs and Senators have been swamped with “incoming”.  That goes for Peter Dutton’s office too.

All of this is having a salutary effect in the Senate where Labor, even when combined with its far-Left allies, the Greens, does not command a majority.

Let’s look, then, at Senate numbers and names.

Labor’s probs

There are 76 Senators.  This means that for legislation to pass, 39 votes are required.

The problem for Labor is that they have only 25 Senators to the Coalition’s 30.  And, even with support of the Greens (11 Senators), the government can muster only 36 votes.  Which means that, to pass its legislation, the government needs to gather another 3 votes from among the minor party and independent Senators.  Now, there are 10 of these:

Minor Parties

Senator Pauline Hanson (One Nation, QLD)
Senator Malcolm Roberts (One Nation, QLD)
Senator Gerard Rennick (People First, QLD)
Senator Ralph Babet (UAP, VIC)

This block (of 4 votes) will oppose the Bill.

Independents

Senator Fatima Payman (WA)
Senator Tammy Tyrrell (TAS)
Senator David Pocock (ACT)
Senator Jacqui Lambie (TAS)
Senator Lydia Thorpe (VIC)
Senator David Van (VIC)

At the time of posting this piece, independent Senators Payman, Tyrrell, Pocock and Lambie have declared their intention to oppose the MAD Bill: another 4 votes against.

Senator Van has indicated he will vote with the government. And, as for Senator Thorpe, I do not presently know how she proposes to vote.  But let’s — for the sake of argument — reckon her in the government column.

On these indications, then, we have 38 Yeas and 38 Nays: a tie which, in the case of the Senate, means the legislation fails.

There are only 8 days left of the Senate’s sitting year: 18 – 21 November and 25 – 28 November.

One more time

I reckon that if we the Punters continue to make our views known, with the same robustness as exhibited in recent weeks, then perhaps even Green Senators might break and vote with the Nays. Though that depends on whether the “right” people were to lobby them – say, human rights and law reform campaigners.

Anyway, if only those four independents who so far have declared against MAD endure in their intentions, then the bill will be defeated.

Still, this does not mean that we should take a spell.  Not at all!  It’s important that we should congratulate those Senators who have shown their hands and encourage them to hold firm in their good resolutions.  They could, after all, come under intense government pressure in the days ahead to reverse their positions.

There is, however, another possibility: that the government, rather than face defeat over the MAD Bill in the Senate, might decide not to put it to the vote.

As it stands, the Senate is going to have an awfully busy eight days ahead of it.  It is supposed to deal in that time with no less than 20 pieces of legislation.  So, it would not be surprising if MAD quietly slipped down the list of government business until, finally, it disappears altogether from view.

Whatever of that, let’s send in those letters of thanks and encouragement to the four key Senate Independents – and to the Greens.

A full downloadable list of the Senators and their contact details can be found here.

One more time, let’s get those pens working.

 

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