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110,000 voters in Barnaby Joyce’s former seat of New England will decide whether the Turnbull Government keeps its majority

The Turnbull Government is in crisis after two ministers were disqualified from Parliament — relive how an extraordinary day in Canberra unfolded.

THE Turnbull Government is fighting to retain its one-seat majority in Parliament after Deputy Prime Minister Barnaby Joyce and Deputy Nationals Leader Fiona Nash were among five MPs disqualified from Parliament by the High Court.

If Mr Joyce fails to win the NSW electorate of New England in a by-election on December 2, the Government must rely on independent MPs to remain in power.

The court on Friday ruled the MPs ineligible because of dual citizenship.

Prime Minister Malcolm Turnbull delayed leaving Australia on a visit to Israel as the Government scrambled to manage the political crisis.

Mr Turnbull has taken over Mr Joyce’s Agriculture and Water portfolios and will leave the position of Deputy Prime Minister vacant until after the New England by-election.

It was unclear which cabinet member would become acting prime minister when Mr Turnbull is overseas.

The High Court disqualified five of the “Citizenship Seven” from Parliament for holding dual citizenship, but ruled senators Nick Xenophon and Matt Canavan could keep their seats.

Mr Joyce was ruled ineligible to be an MP because he had held New Zealand citizenship “by descent”.

He has since renounced his New Zealand citizenship, allowing him to contest the New England by-election.

Former Deputy Barnaby Joyce faces the media after the High Court found against him. Picture: Lyndon Mechielsen
Former Deputy Barnaby Joyce faces the media after the High Court found against him. Picture: Lyndon Mechielsen

While Mr Joyce’s former seat is vacant, the Government will have 75 of 149 House of Representatives seats, including speaker Tony Smith.

Mr Turnbull said the Government also had the support of the five independent and minor party MPs, including Nick Xenophon Team member Rebekha Sharkie.

“We have a majority of members in the house of Representatives, even in the absence of Barnaby Joyce and, of course ... we have support from the crossbench,” he said.

In a plea to New England voters, Mr Turnbull said Mr Joyce was the best person to represent the electorate and regional Australia.

“He has a passion for representation and while I know Barnaby will be disappointed with the outcome of the court case, it’s as though he’s been let out of the stalls and he’s ready and raring to go,” he said.

“His enthusiasm is absolutely infectious.”

Mr Joyce said he accepted the court’s verdict and apologised to the people of New England for the inconvenience the by-election would cause.

“Some people say I’m a natural pessimist. I’m naturally cautious and I was always prepared,’’ he said.

In theory, the Department of Finance could seek to recover more than $500,000 in salary Mr Joyce has received since the 2016 election. However, in line with past practice, the debt is almost certain to be waived.

Mr Joyce’s chances of retaining New England were buoyed by the decision of former independent MP Tony Windsor not to run for the seat.

Although he is no longer an MP or minister, Mr Joyce will remain Nationals leader.

Indigenous Affairs Minister Nigel Scullion will serve as the party’s temporary parliamentary leader.

Labor deputy leader Tanya Plibersek criticised Mr Turnbull for having allowed Mr Joyce and Ms Nash to continue serving as ministers while their status was in doubt.

“We now have a minority government with a hung parliament because Barnaby Joyce broke the law,” Ms Plibersek said.

The High Court, sitting as the Court of Disputed Returns, ruled Mr Joyce had breached the constitution by holding New Zealand citizenship when he nominated for Parliament.

He inherited the citizenship from his New Zealand-born ­father, James Joyce.

Similarly, Ms Nash and One Nation’s Malcolm Roberts were disqualified for holding British citizenship. Former Greens senators Larissa Waters was formally disqualified for holding Canadian citizenship and her fellow Green, Scott Ludlam, for being a New Zealander.

The court ruled Senator Xenophon was not a British citizen and that there was insufficient evidence to prove Senator Canavan was Italian.

Senator Xenophon was referred to the court after discovering he was a “British Overseas Citizen” because his father Theo was born in Cyprus while it was a British colony.

The court accepted Senator Xenophon’s argument that his British Overseas Citizenship status did not provide normal citizenship benefits, such as the right to live in the UK.

“It does not appears that Senator Xenophon’s status as a BOC entailed any reciprocal obligation of allegiance to the United Kingdom,’’ it found.

Replacements for the senators disqualified by the court will be chosen by recounts of ballot papers.

In a blow to the Nationals, Ms Nash is expected to be replaced by Liberal Hollie Hughes, the next candidate on the Coalition’s joint NSW Senate ticket.

Ms Waters could be replaced by former Democrats leader Andrew Bartlett, who stood as a Greens Senate candidate.

SO WHAT DOES THIS MEAN?

NICK XENOPHON

The High Court ruled that Senator Xenophon’s “British Overseas Citizenship’’ didn’t mean he was actually a citizen of the United Kingdom or in breach of the Constitution.

Senator Xenophon plans to quit the Senate next week and run in the SA state election. The Nick Xenophon Team will nominate a successor who will be formally endorsed by a joint sitting of the SA Parliament as the state’s new senator.

BARNABY JOYCE

The Deputy Prime Minister was disqualified from Parliament after failing to realise he had inherited New Zealand citizenship from his father. He is no longer a minister and will stand in a by-election for his seat of New England on December 2.

SCOTT LUDLAM

The New Zealand-born WA Greens Senator was ruled ineligible to sit in Parliament because of Kiwi citizenship he didn’t realise he had. He had already quit Parliament and will be replaced by a countback of ballot papers.

LARISSA WATERS

The Queensland senator was born in Canada to Australian parents and by a quirk of Canadian law, became a citizen there without her family’s knowledge. Like Scott Ludlam, she had already quit and will be replaced by countback.

MALCOLM ROBERTS

The One Nation Senator was disqualified for holding British citizenship which he had tried to renounce by sending an email to a non-existent British Government address. He plans to run for the Queensland state Parliament. Will be replaced by countback.

FIONA NASH

The NSW Senator and Deputy Nationals Leader was disqualified for holding British citizenship she didn’t realise she had inherited from her father. Will be replaced by countback.

MATT CANAVAN

Senator Canavan’s mother applied for Italian citizenship on his behalf and it was also suggested that he had inherited Italian citizenship from his mother’s family. The court said it was unclear that Senator Canavan was legally Italian. He will return to his duties as Minister for Resources and Northern Australia.

ANDREW BARTLETT

The former Australian Democrats leader is now a Green and could replace Larissa Waters.

JORDAN STEELE-JOHN

Young WA Greens activist likely to replace Scott Ludlam.

FRASER ANNING

One Nation candidate likely to replace Malcolm Roberts.

HOLLIE HUGHES

Much to the distress of the Nationals, the Liberal candidate on the joint Coalition ticket is expected to replace Fiona Nash.

• A BY-ELECTION will be held for New England on December 2. The result will not be officially declared until several days after the by-election.

• The House of Representatives will sit again from November 27 to 30 and December 4 to 7.

• With Mr Joyce’s seat vacant, the Government will have 75 of the 149 seats and could be forced to rely on Liberal Speaker Tony Smith’s casting vote.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/110000-voters-in-barnaby-joyces-former-seat-of-new-england-will-decide-whether-the-turnbull-government-keeps-its-majority/news-story/3a260a6a489045975032b62e3edc5f9c