Rex Patrick says talks on welfare bill on hold after Marise Payne refused to answer ‘reasonable question’ in Senate estimates

This article is more than 2 years old

This article is more than 2 years old

The Nick Xenophon Team has suspended critical negotiations on Senate legislation until the government commits to improving transparency and accountability measures.

The NXT senator Rex Patrick has written to the defence minister, Marise Payne, to advise her his party will suspend negotiations with the human services minister, Alan Tudge, after the party’s latest attempts to use Senate oversight processes to gain further information on government policies and projects were rebuffed.

Writing to Payne, Patrick made it clear Payne’s refusal to answer what he considered a “reasonable” question about the date a departmental decision was made at a recent Senate estimates hearing was not the catalyst for the move to suspend negotiations with Tudge but the trigger.

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“Your refusal to answer the question asked of your department is quite at odds with the principles which predicated constructive negotiations with NXT,” he wrote.

“Unfortunately this is not the first instance where a government minister has failed to adhere to the standards of accountability NXT is committed to uphold and we have concluded there is a broader problem with regard to the government’s preparedness to be appropriately open and accountable.

“This will affect NXT’s general approach in its dealings with the government.”

Speaking to Guardian Australia, Patrick, who spoke about the need for better transparency and use of Senate oversight powers in his maiden speech earlier this month, said the party would not withhold its votes.

He said the party would continue to “work constructively” on legislation but, without a commitment from the government for more accountability, it risked entering legislative votes blind to NXT’s intentions.

“We are not placing additional requirements on the government, we are simply insisting they do what they are already required to do,” he said. “The failure to behave in an open and transparent manner, or in accordance with principles of responsible government, erodes trust and NXT will find it more difficult to be confident in the government’s construction and implementation of legislative proposals.

Facebook Twitter Pinterest Rex Patrick says negotiations on Alan Tudge’s welfare bill are on hold. Photograph: David Mariuz/AAP

“NXT will assess all legislation on its policy merits. Suspending negotiations does not mean that we will or will not vote for a particular legislation, it just makes it difficult or the government to ensure NXT are comfortable with legislation that is being put to the parliament. In essence, we will use ‘uncertainty pressure’ to ensure government behaves as it should in respect to accountability.”

Patrick said while negotiations on Tudge’s welfare bill were on hold, other negotiations would remain ongoing – for now.

“We will apply uncertainty pressure according to the government’s conduct and in a very measured way,” he said. “Open and accountable government is not just a policy option for NXT but a key priority. It is the the lens though which other issues and negotiations are viewed. Obstruction and refusal to provide information will make the government’s legislative agenda harder to achieve.”

Patrick has placed the same question to Payne on notice and an answer, with “the factual information sought”, will see “negotiations recommence”.

Questions on notice in the Senate often run past the designation response date without an answer, which Patrick has previously highlighted is part of the accountability issues present in the parliament.

The party, founded by Nick Xenophon, who resigned from the Senate to run in the South Australian state election, currently controls two votes in the Senate.

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Its third Senate position is awaiting a declaration from the high court on how it is to be filled, after Skye Kakoschke-Moore resigned as a dual-citizen.

With the government lacking the numbers to control the Senate, NXT’s bloc vote can make or break the chances of legislation passing in the Senate.

It was NXT’s withdrawal of support of the government’s superannuation bills, over a separate matter, which recently forced the government to pull the legislation from its agenda in the last sitting of parliament.