Bill Shorten’s niggling byelection headache following Tim Hammond’s resignation last week has now developed into a full-blown migraine, after another uncompromising High Court ruling on Section 44 triggered mass layoffs in the House of Representatives yesterday.
The latest developments are a serious blow to the credibility of a leader who claimed last year that the government’s “legitimacy and integrity” had been called into question by the Section 44 debacle, while boasting that his own party had been spared by its “strict vetting process”.
Far from being an ordinary political misfortune, this one entails a dangerous dynamic in which Shorten’s immediate discomfort could feed into an electoral humiliation that will not be so quickly forgotten.
Those facing the looming “super Saturday” of byelections are Susan Lamb and Justine Keay, who gained Longman and Braddon from the Coalition on fragile margins in 2016; Josh Wilson, who is rather more comfortably placed in the Labor stronghold of Fremantle; and the one non-Labor casualty, Rebekha Sharkie of the Centre Alliance (yet another rebranding for the Nick Xenophon Team), who holds the usually conservative seat of Mayo.
Covering the north-west of Tasmania, Braddon is a white working class electorate par excellence, boasting the nation’s lowest proportion of high school graduates, its sixth lowest average income, and its second lowest proportion of non-English speakers.
It is also typical of a struggling regional seat in having many more residents in their 50s or 60s than their 20s or 30s.
Transplanted to another corner of the Anglosphere, it could no doubt have shocked genteel metropolitan opinion in its enthusiasm for Brexit or Donald Trump.
Latent populist sentiment could no doubt have been activated if local hero Jacqui Lambie had seized the opportunity for an early comeback, but she has determined, to the great relief of Labor, that there are more headlines to be made as a Senator.
More problematic perhaps is the seat of Longman, which combines the unglamorous outer Brisbane centres of Burpengary and Caboolture with the retirement havens around Bribie Island.
When Susan Lamb unseated boy wonder Wyatt Roy with the state’s biggest anti-Coalition swing in 2016, a contributing factor was One Nation’s direction of preferences to her, a unique circumstance out of the 15 seats the party contested.
Given the unlikelihood of this being repeated, Lamb will probably have to improve upon her 35.4% primary vote if she is to retain the seat.
This will be a particularly tall order among voters at the Bribie Island end, many of whom will have caught the wrong end of Labor’s dividend imputation policy.
Then there are the two byelections in Western Australia, a state that has an electoral life of its own due to the primacy of the GST revenue issue – albeit that the major parties are equally constrained in exploiting it, owing to the thankless zero-sum nature of the revenue sharing game.
It was argued here last week that the Perth byelection was more dangerous for Labor than polling suggested, but the same cannot be said of Fremantle, which has had an uninterrupted run of Labor members going back to John Curtin.
The Liberals are unlikely to contest the seat and, barring a surprise comeback attempt by Scott Ludlam, there is little reason to think the Greens will threaten Labor, contrary to an impression that seems to derive from the party’s win in the state seat of Fremantle in 2009.
The federal seat is a larger and more unwieldy object from the Greens’ perspective, being much less dominated by the bohemian port city that gives it its name.
Perversely, the biggest danger to Shorten may lie in the one seat where Labor will not have a dog in the fight.
Rebekah Sharkie became Mayo’s first ever non-Liberal member when she won the seat in 2016, a feat she achieved at the peak of Nick Xenophon’s electoral powers, and with the aid of a scandal that had cost Liberal incumbent Jamie Briggs his place in the junior ministry.
Sharkie will have a very difficult time matching that performance in the wake of Xenophon’s bruising reverse at the state election in March – particularly if, as seems likely, her Liberal opponent is Georgina Downer, whose father held the seat for 24 years.
Even if Labor scratches out wins in Braddon and Longman and staves off surprises in Perth and Fremantle, the achievement will pale in comparison with the boost the Coalition will receive if, after all the heartache the Section 44 crisis has caused it, the end result is a boost to its parliamentary majority.
Little wonder then that the government is reportedly contemplating pushing the date out to early July, so as to maximise the discomfort Shorten will face at Labor’s national conference later in the month.
Not sure I follow the reasoning: how is Shorten embarrassed if the Libs regain a traditional Lib seat from a minor party? What would be more than embarrassing would be the loss of a Labor seat (obviously), but in my view, even the failure to secure some sort of swing to Labor would be ominous. Historically, governments have to be travelling very well to gain swings in government v opposition by-elections, and Braddon and Longman at least seem good territory for the equality/fairness agenda. They are certainly not Turnbull’s beloved “agile innovator” territory.
If Labor does need to get some sort of swing in Longman to hold the seat (almost certainly true) and doesn’t get it, what would that say about its ability to make the gains in Queensland which are crucial to victory?
I’m not the president of the Albanese fan club, but honestly, if an opposition can’t hold some marginal seats against a government which has been behind in the polls for ages, you’d have to ask some tough questions.
As I keep repeating ad nauseam, no government party has taken a seat from the opposition party in a federal by-election since 1920. Not the sort of history Shorten should be making. No excuses acceptable.
Indeed. It may be a minor fillip to the Coalition but it hardly embarasses Shorten for a minor party MP to get turfed.
Failure to secure a swing to Labor would not be a good sign, yes. While the excuse could be made that these byelections are being caused by a scandal which might temporarily dent the Labor vote in these seats, there was no visible dent in the votes for John Alexander or (hilarity of hilarities) Barnaby Joyce when they had their byelections due to s44 problems. So the excuse can’t really wash.
From what I’ve heard Georgina Downer say publicly, she would have to be considered a lot more to the right than centre, so a good centre left Labour candidate here may have a chance, especially given Sharkie’s success previously.
This elligibility issue is probably Shorten’s first major stuff up, and made him look as arrogant as Turnbull. Hopefully it won’t have any lasting damaging effect electorally.
Agreed on Georgina Downer – she’s just an IPA mouthpiece. And maybe being Alexander Downer’s daughter will count against her in a”jobs for the boys” kind of way.
“Never put your hand up in a chaff-cutter.”
Under the law set down by a different high court 25 years ago the ALP processing was probably very rigid, this high court I think were dead wrong, you cannot take ”reasonable” out of the constitution just because you feel like it.
Reasonable wasn’t in the constitution, it was in the High Court’s previous reasoning.
The ALP has been caught out by a High Court which has changed its interpretation of the Constitution from the High Court which decided the Cleary case a couple of decades back. However, this is always possible and even if the legal advice was (as it turns out, wrongly) absolutely confident in how “reasonable steps” would continue to be interepreted, it was a mistake for Shorten to be so publicly unequivocal about what the Court would do.
Realistically, Labor should have said “our legal advice for 20 years has been that reasonable steps is sufficient, just as it says in the AEC handbook to candidates, but we will happily refer all questioned candidates to make absolutely sure, as long as the Coalition does the same”.
Instead Shorten has ended up with a bit of egg on his face and a media which is not inclined to do anything but attack him, rather than explain why Labor wasn’t unreasonable to think their MPs were in a different boat.
Poor judgement by Shorten, but given that he’s running against the guy who gave us Godwin Grech, do the Libs really want “judgement” as a leadership issue? Keating certainly got that bit right about Turnbull.
The media never question why the coalition are permanently on the nose. Perhaps they don’t watch question time.