Sharri Markson: Barnaby’s Kiwi conundrum could scupper Turnbull

COMMENT: THE fate of the Turnbull government now rests with the High Court of Australia and how its chief justices interpret the Constitution, writes Sharri Markson.

Barnaby Joyce and Prime Minister Malcolm Turnbull. Picture: AAP

• Barnaby Joyce caught in dual NZ citizenship saga
• The awkward joke that’s come back to bite Barnaby

THE fate of the Turnbull government now rests with the High Court of Australia and how its chief justices interpret the Constitution.

If they follow the strict letter of the law, Deputy Prime Minister Barnaby Joyce could face a by-election in his seat, and the government could lose its majority. It would mean a full-blown crisis for Malcolm Turnbull, with months of havoc, a party in chaos and difficulty passing legislation and controlling the lower house.

Australian Deputy Prime Minister Barnaby Joyce’s fate (and the Turnbull government’s fate) now rests with the high court.

Turnbull has been disciplined in keeping the conversation around national security, solutions to power prices and Bill Shorten’s links with lawless unions.

But now the government’s agenda, already hijacked by internal divisions over gay marriage, has now been further rocked by stunning news that Joyce is a Kiwi.

It will face a fight this week from an emboldened Labor about why Joyce remains in Cabinet when Matt Canavan stepped down pending the High Court’s decision.

While the concept that Joyce may be a Kiwi seems ridiculous, he should be judged and penalised in the same way as everyone else. Joyce — like a dozen other Labor and Liberal MPs — had told many media outlets he was not a dual citizen. Nothing to see here.

The situation only changed when the New Zealand Labour Party put in a parliamentary question on notice relating to the circumstances of his citizenship. This prompted the High Commissioner for New Zealand to call Joyce’s office last Thursday and request an urgent meeting.

At 5.30pm, Joyce was told he was a New Zealand citizen.

Barnaby Joyce and Prime Minister Malcolm Turnbull. Picture: AAP

The Deputy PM then made the short walk from his office to Turnbull’s to break the news to the Prime Minister. They sought the Solicitor-General’s advice before deciding on the next course of action — for Joyce to notify Parliament and remain in his role as Deputy Prime Minister.

While they’re refusing to release it, Turnbull has said the Solicitor-General’s advice is emphatic that Joyce will be allowed to remain in Parliament.

But there’s no guarantee the High Court will rule this way.