CPRS blues

So the federal government’s Carbon Pollution Reduction Scheme was voted down today, with all non-government senators voting to block it.

It appears clear that this bill will return later this year, with two weeks of sitting in late November presenting an opportunity. In order to become a double dissolution trigger, there needs to be a gap of three months between the bill being defeated. The first possible date is November 16, with Parliament sitting for the two weeks following, with the last sitting day of the year being November 26.

First of all, it’s worth pointing out that any double dissolution triggered by the blocking of the CPRS literally cannot happen this year. The minimum length of a federal election campaign is 33 days. If the CPRS is blocked in the first of those two November sitting weeks, the earliest possible election day if a DD is called immediately would be Boxing Day. It’s safe to say that this would not be possible, and the earliest possible election would probably be in February, with March being much more likely. This would avoid the possible problem of a DD being called before the NSW and Queensland redistributions conclude in December. Of course, a double dissolution could be called on another bill. This doesn’t even get into all the reasons the Rudd government may not want to use any trigger it gains.

In terms of the consideration of the legislation in November, we have to consider the positions of both major parties. At the moment Malcolm Turnbull’s strategy appears to be to avoid a double dissolution trigger at any cost, which would suggest that they will do all they can to agree in November. There is still a strong chance, however, that this strategy could change. The party room could force a ‘no CPRS’ position on Turnbull, or the leadership could even shift to a more hard-line figure. In addition, you would have to think Turnbull would hope to achieve some minor policy concessions from the government in exchange for support. If the government refuses to budge at all, would Turnbull still acquiesce? Could his leadership survive such a backdown?

On the other side, the question is how far the Government is willing to move in order to get the CPRS passed. While I’m sure they would love to pass the CPRS, it is surely a secondary consideration to their political interest in damaging Malcolm Turnbull. In the case where Turnbull blocks a CPRS the second time, I tend to think Rudd’s greater credibility on climate change will allow him to paint Turnbull as backward and use it to beat him over the head. Plus I’m sure the ALP would love to have a DD trigger, whether they plan to use it or not. In the case that they wish to call a double dissolution, Rudd would need to politically justify his calling an early election. It’s much more justifiable to argue the need for clear climate policy, rather than calling an election over the Ruddbank or other mundane legislation.

The other perspective of interest is those of the Greens and those environment groups who oppose the CPRS for being too weak and ‘locking in failure’. The Greens have followed up the ‘no’ vote with a letter to Kevin Rudd calling for new negotiations on a higher target and a tighter scheme. The problem is that there simply are not the votes in the Senate for the Labor Party and the Greens to do a deal on a stronger climate policy than the current CPRS, even if Labor showed any willingness to strengthen its position.

As long Steven Fielding remains in the Senate, there is no way the Rudd government could craft legislation to satisfy both Fielding and the Greens. No Liberal opposition is going to produce a compromise that would strengthen the CPRS, and there is seemingly no Coalition senator willing to cross the floor and give a Labor-Greens-Xenophon coalition the numbers it would need to pass something stronger.

The Greens position is good, and is important in the framing of the debate. The Greens need to convince the public, particularly those concerned about climate change who are swinging between Labor and the Greens, that they are doing the right thing, and that the CPRS is so bad that it is better to have nothing.

However, all of that campaigning will come to naught in the current Senate. The numbers simply aren’t there. There are only two options to achieve any sort of climate policy that improves on the CPRS: wait until a new Senate comes into office in July 2011, which would probably see the defeat of Steven Fielding and the Greens taking the balance of power, or somehow push the government into a double dissolution, which would see a similar result much sooner.

Unless the climate movement is willing to  just sit around and wait 23 months for any sort of action, the only option is to do all it can to push for a double dissolution. How do they do that? I don’t know. But it would be useful to see some environment groups come out and clearly call on Rudd to call an early election on the issue. The Greens can’t do that yet. They need to be seen to be cooperative and trying to create a functional Senate. But environment groups could be doing that now, and particularly as we head into November.