Barnaby Joyce ruled out by High Court puts Turnbull government in crisis

IT WAS one sentence Malcolm Turnbull made two months ago about the citizenship crisis that he will come to regret.

THE Turnbull Government today is in crisis with the High Court’s disqualification of Deputy Prime Minister Barnaby Joyce as a member of Parliament.

Ordinary citizen Joyce, the Nationals leader, will have to fight a by-election, expected to be called quickly, in his NSW seat of New England.

It will be a rugged political brawl which will be expanded into a challenge to the standing of the entire Government.

Mr Joyce started his candidacy controversially by declaring the poll would be held on December 2 — pre-empting the Speaker who has control over such matters.

Prime Minister Malcolm Turnbull had been confident Mr Joyce would survive the constitutional challenge.

Mr Joyce was “qualified to sit in the house and the High Court will so hold”, the PM said in August.

But those words have come back to bite Mr Turnbull.

However, Mr Joyce today said he thought he was a goner: “I’m always apprehensive, some people say I’m a natural pessimist.”

Despite his apprehension he did not resign from his portfolio as Agriculture Minister.

He was one of five out of seven MPs and senators declared ineligible by the unanimous decision of the full bench of Australia’s most senior court.

His Nationals deputy and former ministerial colleague Fiona Nash was another. But Mr Joyce’s friend and another former minister, Matt Canavan, survived.

Barnaby Joyce addresses the media in Tamworth after the High Court ruling. Picture by Peter Lorimer

Independent Nick Xenophon also was deemed qualified for Parliament, but he has quit to contest a seat for the South Australian Parliament.

The full list of those punted by the court is: Mr Joyce; Ms Nash; former Greens senators Scott Ludlam and Larissa Waters; One Nation’s Malcolm Roberts.

Labor has been quick to warn they could take advantage of the reduced Government numbers caused by Mr Joyce’s absence when the House of Representatives returns on November 27.

“The Government has lost their capacity to government in recent months, and today they lost their majority,” said Labor frontbencher Anthony Albanese.

There is a convention that during a by-election the Opposition allows a “pair” — a matching drop of a vote — to maintain the balance in the House of Representatives.

Mr Albanese repeated the Opposition’s threats this wouldn’t happen this time.

“How can you pair him? He wasn’t properly elected in 2016,” said Mr Albanese.

“There is no member for New England.”

PM Malcolm Turnbull holding a press conference at Parliament House in Canberra. Picture Kym Smith

TURNBULL BRIEFLY FACES THE MEDIA

Mr Turnbull faced reporters only briefly today, pleading he had to swear in Mr Canavan again as minister.

He didn’t confirm he would fly out to Israel tomorrow, and explain who would be the Acting Prime Minister in his absence. It is understand he is reviewing his travel plans.

It could be the first MP to benefit from the High Court purge will be Foreign Minister Julie Bishop, the Deputy Liberal Leader. The role usually goes to Mr Joyce.

Mr Turnbull could reshuffle cabinet, even should Mr Joyce be re-elected and Mr Canavan return as Resources Minister, or Ms Nash get her Senate spot back. He could use the opportunity to substantially reshape his executive.

Mr Turnbull will look after Mr Joyce’s portfolio until the Nationals leader’s return, and Ms Nash’s former responsibilities will be shared by caretaker other ministers.

But he continues to have a scant majority in the House of Representatives — 74 out of 149 until Mr Joyce is expected to get back and make it 75 out of 150.

The Prime Minister today said the S44 of the Constitution, which has the dual citizenship ban, will be referred to a committee for evaluation, which could lead to a referendum to be changed to match the blends of a multicultural Australia.

Meanwhile Mr Joyce apologised to New England voters for the “inconvenience” of his court case but not for failing to make sure he was qualified to stand for Parliament, where he has held a seat since 2004.

“It’s a tough game politics, and you dedicate your time to it. And you take the hits and you take the sacrifices. We all buy the ticket, we know the risks,” Mr Joyce said.

“And now I’m not going to cry in my beer.”

The House of Representatives crossbench will be crucial but independent MP for Indi Kathy McGowarn today said she would not support a no-confidence vote in the Government.

The Greens, the Nationals and One Nation will have problems maintaining an orderly succession.

Indian-born Malcolm Roberts announced he would stand for One Nation in the Queensland state seat of Ipswich. Mr Roberts declined to explain why he had insisted he was an Australian citizen only when he had blundered attempts to shed British citizenship.

The Nationals want Fiona Nash to return to the Senate for NSW but the Coalition joint ticket countback would mean Liberal Holly Hughes has the spot. Ms Hughes has declined to make way for Ms Nash.

West Australian Green Scott Ludlam is expected to be succeeded by 22-year-old disability advocate Jordon Steele-John, who is wheelchair-bound.

Queensland Green Larissa Waters could have to surrender her hopes of coming back to the Senate to the claims of the next candidate on her ticket, former Australian Democrats leader turned Green Andrew Bartlett.

But in a further complication, it was suggested Mr Bartlett’s job as a university academic could disqualify him, because it was an office of profit under the Crown.