Dumped deputy PM’s expected return to parliament raises questions about his entitlements

THE extraordinary circumstances that saw five senators and an MP lose jobs over dual citizenship raises questions around entitlements.

Barnaby Joyce in Tamworth during the campaign in his electorate, New England. Picture: Dylan Robinson

QUESTIONS are being raised about what happens to Barnaby Joyce — the MP-who-never-was — when, as expected, he is legitimately voted into Parliament later this year.

In 2016 the former Deputy Prime Minister won the NSW seat of New England, which he is now recontesting in a by-election, but the High Court has found he was not eligible to stand last year.

Mr Joyce and five senators have been disqualified from Parliament on the grounds they were dual citizens when they nominated.

Prime Minister Malcolm Turnbull today said in future the Australian Electoral Commission would use big coloured letters to highlight they have to be certain on citizenship, and would get more assistance on the task.

He was outlining more help in filling out a form, which already takes significant note of the citizenship requirements, for people nominating to run Australia..

“So in other words when you nominate you should have big red letters, ‘Dual-citizenship is not allowed’,” Mr Turnbull told ABC radio.

They would be more strongly asked: “Where were you parents born? Have you satisfied yourself of all these things? Really, just to make sure people focus on the issue and do their homework.”

The extraordinary current circumstances have brought to the fore matters that will seem new to many voters, although public administrators have been dealing with them for years.

There are suspicions Mr Joyce is set to gain benefits he hasn’t earned, but the reality is different:

“Nats got $130K+ in public funding for 2016 New England election. Should they pay it back as candidate was not constitutional?” tweeted Liberal turned Conservative Senator Cory Bernardi.

The Australian Electoral Commission has replied that “the entitlement in section 294 of the Commonwealth Electoral Act 1918 is based on whether the person actually stood as a candidate and received the required minimum number of first preference votes.

“The fact that a person has been subsequently found by the High Court to have been disqualified does not impact on that entitlement. This position has been applied in all previous cases.”

Should a re-elected Mr Joyce start under old entitlements on retirement or new ones?

In February Prime Minister Malcolm Turnbull abolished lifetime taxpayer-funded “gold pass” travel for retired MPs and families. Barnaby Joyce is among those affected. The gold pass will only be available to former prime ministers, and not acting prime ministers.

And Mr Joyce did not qualify for the old defined benefits superannuation scheme and will retire on the existing model.

Should Mr Joyce — and punted colleagues including his Nationals deputy Fiona Nash — give back the pay and perks they received while in Parliament in breach of the Constitution?

The Commonwealth did not chase salary repayment from senators Bob Day (formerly Family First) and Rod Culleton (One Nation) when their elections were ruled unconstitutional earlier this year. The basic argument was: 1) Whatever their eligibility, they did their job; and 2) It would be unfair and impracticable to demand repayment of $200,000 annual salaries and the cost of staff, travel and facilities.

“It may be seen to be inequitable for the Commonwealth to recover the debt, given Mr Day performed his duties as a senator in good faith,” said Special Minister of State Scott Ryan earlier this year.

Shouldn’t all the parliamentary votes dropped senators took part in be declared void because they were not qualified to take part?

Labor argues more than 100 decisions and policies implemented by Mr Joyce and Ms Nash might be contested in court, and votes won by one Government in the House of Representatives when Mr Joyce was sitting should be re-run.

It won’t happen because of the complexity of the task and the impossibility of knowing what another result might have been.