Labor will not expel Fatima Payman for crossing floor to support Palestine motion

Labor senator Fatima Payman (right) walks with independent senator David Pocock as she crosses the floor to support a Greens motion to recognise the state of Palestine. Photograph: Lukas Coch/AAP

The deputy prime minister, Richard Marles, has ruled out expelling the Labor senator Fatima Payman or any other form of punishment for her decision to cross the floor and vote in favour of recognising Palestinian statehood.

On Wednesday Marles said “there’s not going to be any expulsion or anything of that kind” for Payman, who is the first federal Labor parliamentarian to cross the floor since 2005.

Payman voted with the Greens and the independent senators David Pocock and Lidia Thorpe for the unsuccessful Senate motion on Tuesday evening, adding at a press conference that she was “bitterly disappointed” her Labor colleagues had not done the same.

Labor had unsuccessfully attempted to amend the motion to include the proviso “as part of a peace process in support of a two-state solution and a just and enduring peace”.

Marles told reporters in Canberra there would be no sanction against Payman, who he noted had “made completely clear that she wants to continue to represent the people of Western Australia” as a Labor senator and that “she continues to espouse Labor values and views”.

“Obviously, she has a strong view in relation to this issue.”

Although Labor’s rules allow for expulsion as a possible consequence of crossing the floor, Marles explained that this sanction was not “mandated” and it was “not unprecedented” for a Labor parliamentarian to cross the floor and not be expelled.

Marles said social cohesion in Australia had been placed “under enormous stress” since the Hamas attacks on 7 October and Israel’s military actions in Gaza.

“We need to be doing everything in our power to bring Australians together. This is not a time to be going around expelling people because they have a particular view on this issue,” he said.

“And as we seek to bring Australians together around the country, we’re going to live those values in terms of how we handle this issue here.”

Major Muslim organisations around Australia rallied behind Payman. The Australian National Imams Council (ANIC) called her decision to cross the floor “courageous”.

In a statement, ANIC said the council supported the Greens motion and expressed their “deep disappointment and dismay” at the Albanese government’s rejection of it.

“Senator Fatima Payman’s decision to cross the floor to support the motion is courageous and importantly, consistent with supporting human rights and justice. We express our deep disappointment and dismay at the Government and Coalition’s refusal to support the motion to recognise the State of Palestine.”

Payman’s decision also drew broad support from Australian Muslim social media pages such as Muslim Votes Matter, who posted that “you don’t need others when you have your principles” superimposed on an image of Payman voting.

The Greens leader, Adam Bandt, said it was “disgraceful” that the government and opposition voted against the motion, accusing Labor of breaching an election promise to recognise Palestine.

“Senator Payman bravely and courageously did the right thing,” Bandt told ABC TV.

“Senator Payman has now set the bar for other Labor MPs. If a first-term young senator can cross the floor to do the right thing, then other Labor MPs have run out of excuses.”

The deputy Liberal leader, Sussan Ley, said Payman had broken “caucus solidarity” in a demonstration of Anthony Albanese’s “weak leadership” since 7 October.

“That’s a green light for any Labor member or senator,” Ley told reporters in Canberra. “That if they feel strongly enough about something, if their conscience dictates to them strongly enough about something, they can cross the floor too.”

The shadow home affairs minister, James Paterson, told Sky News the Greens motion was a “stunt” and it was “extraordinary that a Labor backbencher has decided to vote for it”.

“Make no mistake, this is another very big test of the prime minister’s leadership and one that looks like he’s set to fail. This is a direct challenge to his authority as Labor leader.”

Asked if the decision on Payman meant crossing the floor was not a significant issue, Marles told ABC Radio National: “No, that’s not correct. Of course it’s a significant issue.”

Marles said Labor’s caucus has “agency” over whether to impose punishments for crossing the floor, arguing it was appropriate not to “particularly [for] this issue”.

He said that Labor caucus “might have agency in relation to any other issue” and that “others might occur in the future”, accepting that it may be possible for parliamentarians to cross the floor on other issues without punishment.