Senator SHERRY (Deputy Leader of the Opposition in the Senate)(11.51 p.m.) —I am rising to oppose the motion. Can I just ask: what is the position if we get to midnight and I have not finished speaking?

The TEMPORARY CHAIRMAN (Senator Murphy) —For the clarification of those senators who did not hear the clerk, the adjournment will have to be put.

Senator SHERRY —Okay. I rise to oppose the resolution. We are dealing with a major package of legislation in respect of a new tax—call it a surcharge, if you wish. There are seven bills. It is extraordinarily complex legislation. We have a series of amendments. We do not want to keep the Senate unnecessarily on the amendments, but is it reasonable to push on with this package of amendments that in my estimation—I have advised the government of this—will take probably four to five hours? I think that is a reasonable amount of time to spend.

Senator Campbell —That's not what you told me at 10 to 8. You said it was only a short amount of time.

Senator SHERRY —We did not start at 8 o'clock. You put your legislation up. Why wasn't the government's—

Senator Hill —You've been misleading us all day.

Senator SHERRY —Senator Hill, you might take this back to the Treasurer and the Prime Minister: why wasn't the government's major revenue raising measure listed on the program as a matter of priority earlier than the Friday night before Easter? Sorry, the Wednesday night before Easter—I keep thinking it is Friday.

Senator Hill —It feels like Friday.

Senator SHERRY —It feels like Friday after the last few days, I would have to say. Why wasn't it listed? It is a matter of priority.

Senator Campbell —You said you would discuss it at 12 o'clock.

Senator SHERRY —Calm down, Senator Campbell. Dear oh dear! You are touchy tonight.

The TEMPORARY CHAIRMAN —Senator Sherry, can you direct your remarks to the chair?

Senator SHERRY —Initially we thought we had an understanding—I understand circumstances do change; I do understand that—that these bills would be dealt with on Monday or Tuesday of this week. That was not possible because of the euthanasia legislation. We could have sat other nights, but—I think rightly, from a personal point of view—the euthanasia issue was dealt with by the Senate. I think that was quite right and proper. But we have so much very significant legislation to consider. Labor does not seek to keep the Senate unnecessarily.

We know that ultimately we have to have this legislation passed in whatever final form. But this legislation is very substantial, very important; it is important we do try to amend some of the provisions that we consider iniquitous and that we do it in a considered way.

Senator Campbell interjecting—

Senator SHERRY —Senator, you make the point, `Let's get on with it,' but these seven bills that were tabled, I think, on 13 February—

Senator Campbell interjecting—

Senator SHERRY —I am saying to you by way of debate, Senator Campbell, that if we thought there was half an hour or an hour to go on these amendments—if we had started a couple of hours earlier there would only be half an hour to an hour—we would be very happy to extend for another half an hour or an hour. But I have to say to the Senate that, in my humble judgment, there are probably another three to four hours on these amendments to consider them properly.

Senator Campbell —You guys said you would discuss it at 12 o'clock.

The TEMPORARY CHAIRMAN —Order! Senator Campbell, if you want to speak then maybe you can speak on the adjournment.

Senator SHERRY —Thank you. I am tempted to speak on the adjournment if I cannot proceed with my amendments, but I think I will have to talk about super again. Seriously, I am trying to impress on you—

Honourable senators interjecting—

Senator SHERRY —We got this legislation on 13 February—five of the seven bills we are now considering. You have put in two new bills since then and there are major amendments. You said this legislation was constitutional. New provisions—

Senator Hill —Mr Deputy President, I have a point of order. The point of order is, I confess, a little spurious, but I want to ask Senator Sherry whether we can test the mood of the Senate on whether we go on beyond midnight. If the opposition wants to simply talk this out and therefore thwart the government's program in this way, then so be the consequences. But surely a fair go would be to allow the Senate to express its point of view.

The TEMPORARY CHAIRMAN —There is no point of order.

Senator SHERRY —Thank you, Mr Chairman. I was attempting to point out how the government got itself into this shambles. On 13 February five bills were tabled. Where was the legislation? This was announced in August last year. On 13 February we finally got what would arguably be the most important package of legislation on superannuation this country has seen for a long time. Where were the bills? What happened when we got the bills on 13 February? Two or three weeks later—

Senator Campbell —You're speaking it out—that's what you're doing. You won't let the Senate vote.

Senator SHERRY —The rowdiness from the government is just encouraging me to go on, because I want to finish and I am being interrupted. What were we told three or four weeks later? The government told us that there were particular problems with the package of five bills we are now considering, so two new bills had to be introduced. Then we were told by the government they had forgotten to include the tax mechanisms to collect the money from Commonwealth employees; more amendments to these bills. Then we heard that there was a constitutional problem with the bills. Mr Costello said, `No worries, it's constitutional. There's no problem. We took into account Mr Rose's concerns in respect to the constitutional query.' Then what happened? On the quiet last Thursday, the government introduced amendments trying to rectify—

Senator Hill —Mr Temporary Chairman, on a point of order: I want to test the opposition once again by asking if we might have leave for this procedural debate to continue beyond 12 o'clock in order that these matters can be resolved in a way that the Senate as a whole can express its view on whether the government's legislative program should be dealt with.

The TEMPORARY CHAIRMAN —Is leave granted for that course of action?

Leave not granted.

Senator SHERRY —I was about to track through and conclude the history of this sorry saga of these superannuation bills.

Senator Campbell —I raise a point of order, Mr Acting Deputy President. I wish to know who refused leave. Was it the Leader of the Opposition, was it the shadow Leader of the Opposition or was it the Manager of Opposition Business?

Senator Margetts —It was us actually.

The ACTING DEPUTY PRESIDENT —Leave was refused by Senator Margetts. Senator Sherry.

Senator SHERRY —Thank you. We were assured—

Thursday, 27 March 1997