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Peter Dutton demands another leadership spill

PETER Dutton’s battle to replace Malcolm Turnbull as prime minister took another turn this morning with Treasurer and staunch Turnbull supporter Scott Morrison planning to run against Dutton. It followed several senior ministers - including Mathias Cormann and Michaelia Cash - withdrawing their support for Turnbull and asking him to resign.

Peter Dutton calls on Turnbull to have a second spill vote

SCOTT Morrison is planning to run against Peter Dutton for the prime ministership.

The Treasurer has emerged as a consensus candidate, to potentially bridge the moderate and conservative warring factions of the party.

Mr Morrison and Julie Bishop were asked on Wednesday by their colleagues and factional backers to consider their leadership options if Mr Turnbull did not run in a leadership ballot.

Neither would stand against Mr Turnbull, who they support and whose leadership they have been working to try to shore up.

If Mr Morrison stood for the leadership, it would split the Right vote, detracting from Mr Dutton’s numbers.

In an olive branch to the conservatives, Mr Morrison has been in discussions with Health Minister Greg Hunt about offering him the role of Treasurer.

Mr Hunt committed to support both Mr Turnbull and Mr Dutton ahead of Tuesday’s leadership spill, colleagues have told The Daily Telegraph.

Scott Morrison has emerged as the person to take on Peter Dutton in a leadership spill. Picture: AAP
Scott Morrison has emerged as the person to take on Peter Dutton in a leadership spill. Picture: AAP

After the spill, he was exposed for having supported the former Home Affairs Minister.

Foreign Minister Julie Bishop has been considering her options and whether she will stand as a candidate for the prime ministership.

The news follows Peter Dutton this morning speaking with Prime Minister Malcolm Turnbull asking him to today call a party room meeting, believing he has the numbers to seize the leadership.

Liberal party ministers Mathias Cormann, Michaelia Cash, and Mitch Fifield abandoned Mr Turnbull just after 9.30am and want him to resign, joining Mr Dutton’s call for another leadership spill today.

Mr Cormann said he had met with Mr Turnbull to tell him he no longer had the support of the majority of the Liberal Party.

“The reason we came to that view is because of the number of colleagues that came forward who supported Malcolm in the leadership ballot on Tuesday, who indicated to us that they had changed their position,” he said.

Mitch Fifield, Mathias Cormann and Michaelia Cash,.Picture Kym Smith
Mitch Fifield, Mathias Cormann and Michaelia Cash,.Picture Kym Smith

Ms Cash said this morning: “I have also supported the Prime Minister since his election to office and I supported the Prime Minister on the ballot on Tuesday.

“I became aware yesterday that it was very clear that the Prime Minister no longer, in my opinion, had the confidence of the party room.

“I met with the Prime Minister yesterday afternoon and I advised him of this and I urged him to call a party room meeting. My opinion in that regard has not changed overnight.

“I have also met again with the Prime Minister this morning and again advised him that I do not believe he has the confidence of the party room and that this matter must be settled and the party room meeting must be called. I have tendered my resignation.”

But Mr Turnbull has not agreed to Mr Dutton’s demand after he failed to produce a petition with the 43 signatures required to formally request an unscheduled party room meeting.

“Earlier this morning I called the Prime Minister to advise him that it was my judgment that the majority of the party room no longer supported his leadership,” Mr Dutton said.

“As such I asked him to convene a meeting of the Liberal Party at which I would challenge for the leadership of the Parliamentary Liberal Party.”

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Mr Turnbull’s supporters have this morning argued there was no reason to call a second party room meeting in the same week when the Prime Minister had the majority support on Tuesday, with the vote coming in at 48 to 35 in favour of Mr Turnbull.

Last night, there was a feverish effort to compile the 43 signatures needed to request a second party room meeting, but Mr Dutton was unable to achieve this.

Peter Dutton at his press conference at Parliament House today. Picture Kym Smith
Peter Dutton at his press conference at Parliament House today. Picture Kym Smith

Nevertheless, Mr Dutton believes he would win another ballot if it was held. His supporters have said some ministers who are currently serving in Mr Turnbull’s outer-ministry and Cabinet would not add their names to a petition but would vote for Mr Dutton in a secret ballot.

The timing of a party room meeting is the gift of the Prime Minister, which is a matter of precedent and convention.

When Mr Turnbull challenged Mr Abbott for the leadership in September 2015, he did not organise a petition. Instead, he requested a meeting from the then-prime minister and presented him with a letter signed by Luke Simpkin and Don Randall.

Former Home Affairs Minister Mr Dutton has also accused his political enemies of launching a campaign against him, which could even see him referred to the High Court, just at the very moment he mounted a bid to unseat the Prime Minister.

The Attorney-General Christian Porter is seeking advice from the Solicitor General on whether Mr Dutton is even eligible to sit in Parliament due to his stake in two childcare centres which operate via his family trust.

Under section 44 of the constitution a person is banned from sitting in parliament if they have “any direct or indirect pecuniary interest with the public service of the Commonwealth”.

From July this year the childcare centres were receiving a direct subsidy from the federal government which amounted to an estimated $5.6 million.

Australia's Prime Minister Malcolm Turnbull. Picture: AFP
Australia's Prime Minister Malcolm Turnbull. Picture: AFP

Mr Dutton has publicly released legal advice he sought in 2017 which concludes he is not in breach of the constitution.

“Mr Dutton cannot have a pecuniary interest in an agreement within the meaning of s. 44(v) by virtue of the trustee company’s receipt of payment under this statutory scheme,” the advice from Colin Biggers & Paisley Lawyers says.

The legal advice relates to a family trust, that Mr Dutton is a beneficiary of, which operates two childcare centres in Brisbane.

“Over recent days a spurious and baseless campaign has been conducted against me in relation to an alleged breach of section 44 of the constitution,” Mr Dutton said in a statement.

“The timing on the eve of current events in Australian politics is curious.”

“There has never been any doubt about my eligibility to sit in the Parliament and I attach the unequivocal legal advice I obtained in 2017 to that effect.”

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Original URL: https://www.dailytelegraph.com.au/news/nsw/peter-dutton-demands-another-leadership-spill/news-story/be27d3cf9de6973b040695f8a2f08043