High Court challenge against Nationals MP David Gillespie threatens to bring down Turnbull Government

A HIGH Court challenge against a little-known Nationals MP could threaten the Turnbull government’s wafer-thin majority.

David Gillespie and Luke Hartsukyer in Question Time in the House of Representatives Chamber, Parliament House in Canberra. Picture Kym Smith

LABOR has launched a High Court challenge that could threaten the Turnbull government’s wafer-thin majority.

The Opposition is challenging a senior Coalition MP’s eligibility to sit in parliament over a potential conflict of interest owning a property the Nationals member owns.

David Gillespie, the assistant health minister and Nationals MP for the NSW seat of Lyne, owns a suburban shopping complex in Port Macquarie.

One of the shops in the complex is an outlet of Australia Post, a government-owned corporation.

Under Section 44 of the constitution, anyone with a “direct or indirect pecuniary interest” in an agreement with the Commonwealth is disqualified to sit as an MP.

Labor has raised questions about the arrangement in light of the High Court’s disqualification of former Family First senator Bob Day who was undone over an electorate office leasing deal with the government.

The ALP’s national executive decided to trigger the legal action at a meeting on Friday and Labor’s candidate for the seat at the 2016 federal election, Peter Alley, has filed papers with the High Court.

Labor is challenging Federal Assistant Health Minister, David Gillespie’s eligibility to sit in parliament. Picture: Sam Rosewarne

It’s been reported that the government is reasonably confident Dr Gillespie’s position is safe. Constitutional law expert Anne Twomey told Sky News the potential conflict seemed “reasonably remote”, but conceded the High Court was unpredictable.

“It’s more likely than not that it’s on the side of being reasonably safe,” Prof Twomey said.

“(But) the High Court has been quite strict on these provisions, because rightly they say it is very important to make sure for democratic reasons that we have people in parliament that aren’t the subject of undue influence.”

Acting opposition leader Tanya Plibersek believes Dr Gillespie has a conflict of interest.

“We are not sure whether Dr Gillespie is actually, constitutionally, able to sit in the House of Representatives, whether he was properly elected, because of his conflict of interest,” she told reporters in Sydney.

“We’ve received legal advice that there is a potential conflict of interest and we’re going to test that legal advice. It’s for the court to make the determination.”

Deputy Liberal leader Julie Bishop said the legal challenge smelt like “another Labor stunt”.

“It sounds like another attempt by Labor to disrupt and distract from the government’s policies that are clearly being effective,” Ms Bishop told reporters in Sydney.

“It comes down to a question of remoteness of interest. But we’ll wait to see what detail Labor intend to come up with.”

Ms Bishop said she was not aware of any grounds Labor had to stand on.

The move threatens Prime Minister Malcolm Turnbull’s one-seat majority in parliament. Lukas Coch/AAP

Dr Gillespie has received independent legal advice there is no constitutional issue with him sitting in parliament, which the government is satisfied with.

If Labor’s challenge was successful, the High Court decision could trigger a by-election in the seat of Lyne and potentially destroy the Coalition’s one-seat majority government.

The Nationals would be reasonably placed to retain Dr Gillespie’s seat if a by-election were called, but regardless of the result the disruption would cause a major headache for the government.

Lyne has been held firmly by the National Party since 1975, excluding a five-year window during which defected Nationals member turned independent Rob Oakeshott held the seat following Nationals leader Mark Vale’s resignation in 2008.

The seat caused trouble for the Coalition during that period, when after the 2010 election Mr Oakeshott sided with the Labor Party allowing it to form a minority government under Julia Gillard.

The High Court threat to the government’s majority is only the latest in a series of destabilising disruptions Prime Minister Malcolm Turnbull has faced in recent weeks.

Following a number of public appearances in which former PM Tony Abbott criticised the government and the Liberal Party’s leadership, Mr Turnbull declared he would be Prime Minister “for a very long time”.