Barnaby Joyce disqualified from parliament
The fallout from the High Court ruling to disqualify Barnaby Joyce and four other MPs has begun for Malcolm Turnbull.
Barnaby Joyce has been ruled ineligible to sit in parliament by the High Court due to a breach of citizenship laws, along with senators Fiona Nash, Malcolm Roberts and former Greens senators Larissa Waters and Scott Ludlam. Nick Xenophon and former Nationals cabinet minister Matthew Canavan have been found eligible for parliament. More here
• Today’s decision puts Malcolm Turnbull under pressure, David Crowe writes
• Barnaby Joyce has admitted he’s not surprised by the decision
• Deputy PM hits the campaign trail
9.40pm: Greens’ Larissa Waters eyes Senate return
Former Queensland Greens Senator Larissa Waters says she will run for preselection for the next federal election after being disqualified from parliament for holding dual Canadian citizenship.
Ms Waters, who was born in Canada, quit the senate in August amid a citizenship bungle that embroiled seven parliamentarians, including her Western Australian colleague Scott Ludlam and Deputy Prime Minister Barnaby Joyce. Australia’s constitution bans anyone holding dual citizenship from sitting in parliament in a section aimed at ensuring MPs do not hold split allegiances. Ms Waters was among five senators disqualified by the High Court on Friday. “At the next federal election our party membership will vote to decide who it would like to be the candidate and I will nominate for that role,” she told AAP. Ms Waters, once deputy leader of the party, said the ruling was expected as the constitution was clear.
“I’m personally disappointed but I’m not surprised,” she said in Brisbane on Friday.
“Putting party politics aside, first and foremost my heart goes out to the people who have lost their jobs today.” She will be replaced by former senator Andrew Bartlett, who ran second on the Greens ticket.
“I know he will work really hard and the party will rally behind him,” Ms Waters said.
8.45pm Roberts to stand in Queensland state election
Ousted One Nation senator Malcolm Roberts is set to stand for the party in the Queensland election.
Mr Roberts was on Friday one of five federal politicians the High Court disqualified from sitting in federal parliament due to dual citizenship issues. Within hours of that ruling, One Nation leader Pauline Hanson announced Mr Roberts would stand in the seat of Ipswich at the upcoming Queensland election, which could be called as soon as Sunday.
Describing Mr Roberts as a “great man”, an emotional Ms Hanson said she was confident the people of Ipswich - an area she sees as the “heart of One Nation” - will embrace the ex-senator.
“Federal parliament may have lost Malcolm Roberts but Queensland has not lost Malcolm Roberts,” Ms Hanson told reporters.
“The Queensland state leader Steve Dickson is over the moon. He’s so delighted about having an experienced candidate like Malcolm Roberts to stand for the seat of Ipswich.” Labor’s Jennifer Howard currently holds Ipswich with a 16 per cent margin under new electoral boundaries.
She’s labelled Mr Roberts as “a blow-in” who is treating the seat of Ipswich as a “consolation prize”.
“Malcolm’s not from this community, he doesn’t represent this community and he doesn’t represent our values,” Ms Howard told AAP.
“This is not going to change how I campaign one bit, I have never taken this community for granted and I never will.” The LNP held the seat from 2012 to 2015 but traditionally Ipswich has been a safe seat for Labor, which has held it since the 1980s.
However, Ms Hanson’s old federal seat of Oxley lies in the electorate and One Nation nearly won the state seat in 1998.
- AAP
7pm ‘There will be others’
The man who sparked the chain of events that led to the downfall of Deputy Prime Minister Barnaby Joyce says more MPs will likely fall.
West Australian Lawyer John Cameron ousted Greens MP Scott Ludlam as a New Zealand citizen in July this year, leading to an eventual constitutional crisis for the Australian government.
Senator Ludlam’s resignation resulted in the status of numerous other politicians being questioned, which culminated in Friday’s High Court Decision disqualifying five federal MPs.
While Mr Cameron said he was “invariably surprised” at how quickly the citizenship scandal had snowballed, he expects more politicians will fall foul of section 44 of the Australian constitution in coming months. He has also revealed the initial targets of his work to expose dual citizens in parliament were actually Julia Gillard and Tony Abbott.
- AAP
6.28pm: ‘This makes me powerful’, Bob Katter declares
Independent MP Bob Katter says he will use the fallout from the High Court decision to “take control” of the issues he’s been fighting for in Canberra by exploiting minority government to his own advantage.
“Just remember I’m one of the six most powerful people in Australia at the moment, and won’t I be enjoying it,” Mr Katter told reporters.
“I think we’ll be able to deliver on the royal commission of the banks and on ethanol.”
“Malcolm Turnbull was not only offensive but insulting to me in our last meeting. I think there’ll be a change of attitude,” he laughed.
Mr Katter said the Coalition had used its numbers to block the banking inquiry.
“Well, too bad, so sad (now) Mr LNP” he said.
“I’ve lived with a parliament I’d like to spit on most of the time.”
The court decision means the government will need the support of at least one crossbench MP on the floor of parliament’s lower house for confidence, supply and any of its legislation.
Independent Cathy McGowan indicated on Friday she would support the government against any vote of no-confidence and for supply, but gave no guarantees on bills.
Labor says it’s not planning any mischief in parliament, but also cited the banking inquiry and also weekend penalty rates - two issues it lost by one vote previously - as things it would pursue when the House of Representatives returns on November 27.
- AAP
Rachel Baxendale 6.14pm: ‘We’ll throw our full weight behind Barnaby’
The Nationals have vowed to give disqualified deputy PM Barnaby Joyce the party’s full support as he seeks relection in New England. In a statement issued this afternoon, the party’s federal president said the party respected the High Court’s decision but had unanimously endorsed Mr Joyce to remain as the “overall leader of The Nationals”.
You can read the full statement here
Rachel Baxendale 5.51pm: ‘I expect Pauline Hanson’s support’
Malcolm Roberts’s likely replacement in the senate, Fraser Anning, has responded to Pauline Hanson’s refusal to publicly endorse him, saying that he has been a loyal supporter of hers for more than two decades and expects that loyalty to be reciprocated.
Tensions between Mr Anning and Mr Roberts and Senator Hanson have become apparent in recent weeks, with Senator Hanson refusing to endorse Mr Anning as Mr Roberts’s replacement during a press conference this afternoon.
Mr Roberts also refused to answer questions regarding allegations one of his staff members was forced to resign for speaking with Mr Anning.
This afternoon Mr Anning issued a press release saying he was “very much looking forward to being a senator”.
Mr Anning said the High Court’s decision vindicated Senator Hanson’s decision to refer Mr Roberts’s citizenship to the High Court, pointedly indicating that unlike Senator Roberts, he had done his due diligence.
“I can certainly assure all Queenslanders that before I nominated I took all steps to ensure that I was eligible to be a senator, and obviously as a candidate for an Australian nationalist party, not being a foreigner is a pretty important part of that!” he said.
“I fully understand that in recent weeks Pauline needed to express public support for Roberts as long as he occupied a senate spot, however, that naturally changes with the High Court decision.
“I have given Pauline unqualified loyalty and supported her for more than 20 years, so naturally I expect this to be reciprocated if and when I am declared elected.
“Now that Roberts has been knocked out by the High Court, I have no doubt that Pauline will fully endorse me as a member of her One Nation senate team.”
A former publican and grazier from northwest Queensland, Mr Anning is understood to be overseas but intending to return to Australia soon.
Rachel Baxendale 5.10pm: Scullion steps up
Indigenous Affairs Minister Nigel Scullion has been endorsed as “interim parliamentary leader” of the Nationals, while Barnaby Joyce remains leader as he fights the New England by-election.
It is not yet clear whether deputy Liberal leader Julie Bishop will act as deputy prime minister in the interim, or whether Senator Scullion will take this role.
Malcolm Turnbull is due to travel to Israel on Sunday, having delayed his departure 24 hours, meaning someone will need to be acting prime minister in his absence.
Rosie Lewis 5pm: Cleaning house
The official parliamentary website has already erased Barnaby Joyce, Fiona Nash, and Malcolm Roberts from its list of senators and members following the High Court’s ruling. Larissa Waters and Scott Ludlam had quit parliament so were no longer on the list.
4.50pm: Nationals statement
— NSW Nationals (@NSWNationals) October 27, 2017
Rachel Baxendale 4.45pm: Matt’s back
Matt Canavan has re-entered cabinet, being sworn in this afternoon by Governor-General Sir Peter Cosgrove as Minister for Resources and Northern Australia.
Senator Canavan posed for photographs with Sir Peter and Prime Minister Malcolm Turnbull during the brief ceremony at Government House.
Geoff Chambers 4.35pm: Turnbull’s talks
Malcolm Turnbull met with NXT leader Nick Xenophon and key independent Cathy McGowan yesterday.
The Australian can reveal Mr Xenophon – who has NXT MP Rebekha Sharkie in the lower house – and Ms McGowan – the independent MP for Indi – sat down with Mr Turnbull for one-on-one meetings.
Rachel Baxendale 4.30pm: Windsor explains poll decision
Mr Windsor said he loved elections, but his wife did not.
“I’ve enjoyed the eight that I have contested but my wife doesn’t and she had a pretty rough time last time with the tactics and strategies that were used to not only against me, fine against the candidate, but also against the families,” he told the ABC.
“We’ve always been a team. I had a good yarn to her again this morning. I think it’s time she prevailed.
High Court accepted our arguments relating to citizenship s44 Constitution .Read Section 19 of judgement. Not contesting election .
— Tony Windsor (@TonyHWindsor) October 27, 2017
Thanks to all who encouraged me to stand but can't do it this time ..my wife is still damaged from 2016 & all the muck ..will still stir tho
— Tony Windsor (@TonyHWindsor) October 27, 2017
Mr Windsor said he also didn’t want to put himself at risk of sending the people of New England by forcing yet another by-election if he broke the law through environmental activism over coal-seam gas and water resources.
“I’m not going to be out of the political dimension at all,” he said.
“The two issues on the Liverpool Plains, the lack of scientific work being done there, and Barnaby Joyce is right in the middle of this, and the great Artesian basin, the issues of Santos and coal seam gas, the scientific work in relation to the water resources hasn’t been done so I will immerse myself in those issues and if push comes to shove it might mean, as we’ve got now, a breach of the law leading to a by-election, I wouldn’t want to be put in that circumstance where I breached the law because I believe in something strongly and forced the place back to a by-election again.”
Mr Windsor did not rule out a future tilt at a Senate spot.
“Maybe I will. It’s about the issues, it’s not about what I want to be,” he said.
Rosie Lewis 4.20pm: Fiona Nash thanks staff
The Nationals federal representation of women has been reduced two just two MPs after Fiona Nash was disqualified for being a British citizen.
The former Nationals deputy leader listed a dozen achievements as she thanked her staff and sons, Will and Henry, for their support.
Ms Nash is expected to be replaced by Liberal candidate Hollie Hughes, unless Ms Hughes decides not to take up the seat.
“I will continue to fight for rural, regional and remote Australians – no matter where my life path takes me,” Ms Nash said.
“I came into parliament in 2004 after winning preselection for a NSW Nationals senate spot, as a farmer and proud mother of two young boys. I did so to try to improve the lives of rural, regional and remote Australians, who despite producing the food, water, electricity, gas and exports which power this nation, often have reduced access to basics which city people take for granted like doctors, health care and tertiary education.
“I always aimed to help build rural, regional and remote communities our children and grandchildren either wanted to stay in or come back to.”
Rachel Baxendale 4.15pm: PM keeps it quick
Malcolm Turnbull has given a brief press conference, answering only one question, following this afternoon’s verdict, saying it was clearly not the outcome he’d hoped for.
“We have a majority of members in the House of Representatives, even in the absence of Barnaby Joyce and, of course, as you know, we have support from the crossbench,” Mr Turnbull said.
“We welcome the court confirming Matt Canavan’s eligibility to sit in the Senate, but are obviously disappointed that the court has found against Barnaby Joyce and the Fiona Nash.”
The Prime Minister said the government and Solicitor-General Stephen Donoghue, who acted for the government during proceedings, would closely evaluate the full implications of the court’s decision.
“The government will refer the decision to the joint standing the electoral matters so it’s able to consider, among other things, whether any changes to section 44 should be recommended, how the electoral laws and practices could be changed so as to minimise the risk of candidates being in breach of section 44, and ensuring in our multicultural society that all Australians are able confidently to stand for and serve in our parliament,” Mr Turnbull said.
He said the past few months had been very stressful for Mr Joyce, Ms Nash and Senator Canavan.
“But throughout, their commitment to the parliament and government has been undiminished,” he said.
“The people of New England will have their say on the 2 December and the Speaker has advised he will issue the writ today.
“Barnaby Joyce is the best person, as we’ve seen already on the television, complete with his hat, the best person to continue to deliver for New England and for Australians living in regional, remote and rural areas.”
Mr Joyce thanked Ms Nash for her service.
“She has been an outstanding minister, passionately devoted to regional Australia and its advancement. She’s a staunch friend, a very, very good colleague, a really good friend devoted to the National Party but above all to the Coalition,” he said.
“And as Barnaby acknowledged just a few minutes ago, her stoicism, her calm, her collected approach to the challenges that she’s been facing while obviously carrying out her ministerial office, all the time under great pressure, has been remarkable.”
Senator Canavan is set to be sworn in by Governor-General Sir Peter Cosgrove this afternoon, restoring him to his former roles as Minister for Resources and Northern Australia.
Mr Turnbull will take over Mr Joyce’s role as Agriculture and Water Resources Minister.
In terms of Ms Nash’s former roles, Communications Minister Mitch Fifield will act as Minister for Regional Communications, while Infrastructure and Transport Minister Darren Chester will act as Minister for Regional Development, Territories and Local Government.
Rachel Baxendale 4.12pm: PM grounded
Malcolm Turnbull will delay his trip to Israel following the High Court finding. Mr Turnbull was due to leave tomorrow and is now expected to delay his departure until Sunday.
4.10pm: Save the date
Writs issued. Barnaby Joyce faces the voters on December 2. pic.twitter.com/ejZrZhEk8l
— David Crowe (@CroweDM) October 27, 2017
Rosie Lewis 4pm: Canavan ‘gutted’
Nationals senator Matthew Canavan says he is “gutted” for his colleagues Barnaby Joyce and Fiona Nash, as he prepares to be returned to cabinet.
“I know that both Barnaby and Fiona will bounce back and they have enviable records as members of parliament,” he said.
“Although I have remained active in the past few months, I look forward to getting stuck back in to delivering long term results for all Queenslanders. I have not lost my passion to develop Central Queensland and Northern Australia, and support the jobs and wealth that we derive from the hard working people of our resources sector.
“If anything this experience has only strengthened my resolve to fight for those things that will make people’s lives better like a secure job, a loving family and a safe Australia.
“I want to thank my staff for their commitment and discipline in these past few months. They have had a difficult and uncertain time but have shown great reserves of character to see this through.
“My family has been a constant support. Spouses are often innocently hit by collateral damage from politics and I owe my wife a debt I can never repay for her steadfast support and love.”
Rachel Baxendale 3.55pm: Tony Windsor won’t run
Former Independent Member for New England Tony Windsor has told the ABC he will not run in the New England by-election, likely providing Barnaby Joyce with the only good news he’s had today.
Mr Windsor, who ran unsuccessfully against Mr Joyce at the last election, says he does not want to put his wife through another election campaign.
Rachel Baxendale 3.50pm: Xenophon bids farewell
Nick Xenophon has given a farewell press conference, despite surviving his High Court challenge.
Today’s decision means he will get to choose his replacement when he leaves to fight the South Australian election, rather than the position automatically going to the next person on the Nick Xenophon Team senate ticket.
“The irony of the decision is not lost on me as it has always been my plan to leave the federal parliament, to resign from the Senate, which I will now be doing in the very near future, within a week or so, in order to contest the South Australian seat of Hartley in State Parliament because politics in South Australia is broken and I want to do all I can to fix the broken state of politics in South Australia,” Senator Xenophon said.
“I will be around for a few more days, not in Canberra, there will be committee work to do in relation to the Murray Darling basin next week in New South Wales and Adelaide and that is a critically important issue for South Australia and the nation.
“In the remaining week I do that committee work I will clear out my office.”
Senator Xenophon said he was leaving behind a highly capable team of colleagues, but indicated he would continue to play a role in Canberra.
“We operate as a collegiate collective, really,” he said, but remained coy about who might replace him as leader.
“That is a matter for my colleagues,” he said.
“We work well. There are only four of us and is hierarchical stuff that some people are obsessed with, we just get on with our job. We have a portfolio responsibility and we work hard at it.”
Senator Xenophon said the party would probably not be called the Nick Xenophon Team for much longer.
“I can reveal to you now that the main dispute I have had with my colleagues is when we can get rid of the name,” he said.
“It has taken this, probably to mean we will probably change the name soon. Stay tuned.”
NXT MP Rebekha Sharkie’s crossbench seat in the House of Representatives will now be even more important in Barnaby Joyce’s absence.
Senator Xenophon said he would advise Ms Sharkie to keep doing what she has been doing.
“That is to have respect for our relationship with the government and the opposition, to work through issues on their merits and not to jump the gun,” he said.
Stirling Griff "I never had any doubt" he says of his colleague Nick Xenophon surviving the High Court #auspol @australian
— Rosie Lewis (@rosieslewis) October 27, 2017
Rachel Baxendale 3.30pm: ‘A minority government
Deputy Labor leader Tanya Plibersek says Australia now has a hung parliament with a minority government.
“Labor regrets that the Prime Minister chose to keep two of his cabinet ministers, Barnaby Joyce and Fiona Nash, in their positions after they chosen to refer themselves to the High Court. It was reckless judgement from the Prime Minister,” Ms Plbersek said.
“Every decision made by Barnaby Joyce and Fiona Nash since October last year is under a legal cloud.”
“It’s bizarre that the Prime Minister asked Senator Canavan to stand aside, he’s been found to be in eligible the whole time, and didn’t ask Barnaby Joyce or Senator Nash to stand aside. They’ve been found to be in eligible.”
Ms Plibersek said the key issue was Mr Turnbull’s judgement.
“Malcolm Turnbull stood up in Parliament and said that he was absolutely confident that Barnaby Joyce was eligible to be a member of parliament and the High Court will so hold.
“I mean, extraordinary that the Prime Minister would be assuming what the High Court would find and in fact turning out to be utterly wrong in his assumptions.
“We’ve got a Prime Minister who is made these bad judgement calls again and again when he should have asked Barnaby Joyce to stand aside, he should have asked Senator Nash to stand aside from the Cabinet, he allowed them to continue, he got the call on Senator Canavan wrong too and now, of course, he’s defending Michaelia Cash in the same way he defended Barnaby Joyce.”
Rachel Baxendale 3.15pm: Independent backs government
Crossbench MP Cathy McGowan says her position on guaranteeing supply to the government has not changed.
The independent member for the north-east Victorian seat of Indi welcomed the clarity provided by the High Court’s decision.
“My position has not changed. There will be no deals,” she said. “As an Independent I will consider every bill on its merits, and will continue to represent the interests of my electorate.
“I will continue to supply confidence and support to the government.”
Rachel Baxendale 3.10pm: Labor condemns Joyce comments
Labor frontbencher Anthony Albanese says today’s verdict is a humiliation for Malcolm Turnbull and Barnaby Joyce.
“Given that Malcolm Turnbull stood in the parliament and tried to pre-empt the High Court decision by saying, ‘nothing to see here, it’ll all be OK. They will find ...’. Well the High Court has found that Barnaby Joyce wasn’t eligible to be in the parliament, and that’s why it’s been so unwise that he’s continued to sit as the deputy prime minister and as a minister,” Mr Albanese told Sky News.
Mr Albanese said Mr Joyce’s comment that he though in his “gut” that he would lose, was “breathaking”.
“What he’s saying with that statement is that he has sat illegitimately in the parliament thinking to himself, ‘I shouldn’t be here’,” he said.
“That is an extraordinary proposition that he’s not only continued to sit in the parliament, he’s continued as a minister as the deputy prime minister and as importantly as acting prime minister of the nation.
“I mean today we know now he’s not even a member of parliament and he announced the by-election date. He’s learnt nothing from this humiliation. One could expect a bit of humility.”
Rachel Baxendale 3pm: ‘In my gut, I thought I’d lose’
Mr Joyce said the High Court battle was always going to be a “tough game”, and he felt in his “gut” he would lose.
“You don’t try and second-guess the High Court. They make their own deliberations,” he said.
“Now I will do so as I have been preparing for. This morning I was going around Armidale and other areas saying g’day to people. In my gut I thought this is the way it was going to go.”
Mr Joyce said the question of what may happen to Fiona Nash was one for the future.
“Fiona is a great lady and has done lots of work for regional Australia. I am sure that those discussions she and the National Party will have. Those discussions will happen in the future.”
Asked whether Malcolm Turnbull had been “heroic” in predicting that the High Court “will so find” that Mr Joyce’s election had been legitimate, Mr Joyce said the Prime Minister was more of a judicial expert that him.
“Maybe I am just the natural sceptic in some circumstances. One generally is when it involves oneself,” he said.
Rosie Lewis 2.50pm: More on Canavan
Why has Senator Canavan been found not to have breached section 44 of the Constitution? Here’s a key passage from the judgment:
“Senator Canavan has not applied for a declaration of Italian citizenship. On the evidence before the court, one cannot be satisfied that Senator Canavan was a citizen of Italy … Given the potential for Italian citizenship by descent to extend indefinitely – generation after generation – into the public life of an adopted home, one can readily accept that the reasonable view of Italian law is that it requires the taking of the positive steps ... as conditions precedent to citizenship.”
Senator Canavan never registered to become an Italian citizen.
Rachel Baxendale 2.45pm: Joyce ‘not totally surprised’
Barnaby Joyce has apologised to the people of New England for the “inconvenience” of a by-election, which he says will be held “on or around the 2nd of December”.
“I thank the court for their deliberations. I respect the verdict of the court,” Mr Joyce said.
Mr Joyce said he was a naturally cautious and had prepared to be disqualified.
“I was always prepared for this outcome. I don’t actually stand here totally surprised,” he said. “I always expected that this was going to be a tough game.”
Mr Joyce offered his support to his former deputy Fiona Nash, who has been disqualified from the Senate. “She has been so stoic during these times and had to put up with so much, and I get the chance of a by-election, Fiona doesn’t.
“I’d like to offer my support to senator Fiona Nash.” Mr Joyce congratulated Senator Canavan for surviving his High Court challenge. “I’m sure he will go on to do great work,” he said.
Mr Joyce said Senator Xenophon also survived.
“Nick got back but still wants to go. Nick, do you want to swap?” he joked.
Rachel Baxendale 2.40pm: Di Natale comes out swinging
Senator Di Natale hit out at One Nation senator Malcolm Roberts, who he said had not shown the same integrity as the Greens.
“It has been particularly galling to see Malcolm Roberts from One Nation, for the past three months, sit in the parliament knowing that he was ineligible, having spent the last week from Senate Estimates, continuing to receive an income from the taxpayer, when it was as clear as day that he was ineligible to stand in the national parliament,” he said.
“It’s about time that politicians started acting in the national interest rather than in their own self-interest, and particularly the Liberal and National parties, and
One Nation, who have acted purely to further their own self-interest.”
Rosie Lewis 2.35pm: Unanimous decision
The court’s decision that neither Senators Canavan nor Xenophon were disqualified was unanimous, finding neither were entitled to the rights or privileges of a foreign citizen.
But for Mr Joyce and the four other current and former senators caught in the saga, the court found in Tony Windsor’s and the friend of the court’s favour.
“The court held that the approach of the amicus and Mr Windsor must be accepted, as it adheres most closely to the ordinary and natural meaning of the language of section 44(i), and accords with the views of a majority of the justices in Sykes v Cleary,” the judgment reads.
“It was held that a consideration of the drafting history of section 44(i) does not warrant a different conclusion. Further, the court observed that the approach adopted avoids the uncertainty and instability that attends the competing constructions.”
Senator Canavan was the only one of the Nationals trio to step down as minister during the saga.
Samantha Woodhill 2.30pm: Market takes a hit
The local share market took a hit after the High Court ruled five MPs ineligible to sit in federal parliament due to their dual citizenship.
The S&P/ASX200 fell as much as 0.4 per cent to 5875.5, while the dollar also fell as much as 0.4 per cent US76.30 cents
Deputy Prime Minister Barnaby Joyce, Nationals deputy leader Fiona Nash, One Nation’s Malcolm Roberts and former Greens senators Larissa Waters and Scott Ludlam have all been disqualified.
Independent senator Nick Xenophon and Nationals MP Matthew Canavan have been found eligible.
Rachel Baxendale 2.25pm: Greens ‘acted honestly’
Greens leader Richard Di Natale has commended former senators Larissa Waters and Scott Ludlam, saying they have shown integrity and acted honestly and with full accountability throughout the citizenship saga.
“When these issues first came to light, they did the honourable thing and resigned from the parliament. Larissa and Scott have shown respect for the constitution, for the parliament and most importantly, for the Australian people, and I respect them immensely for that,” Senator Di Natale said.
“Larissa and Scott did not take the decision to resign lightly, but respected the constitution and the previous, strict rulings of the High Court. They have shown integrity which has been sorely lacking from parliament in recent months.
Senator Di Natale said he looked forward to welcoming new Greens MPs to replace Ms Waters and Mr Ludlam.
Andrew Bartlett and Jordon Steele-John, the next Greens on the Queensland and WA Greens Senate tickets respectively, are expected to take up the vacancies.
Senator Di Natale indicated this morning that Ms Waters would not attempt to return to the Senate before the next election.
Mr Steele-John thanked Mr Ludlam for his work in the Senate.
“I have great admiration for the way both he and Larissa have dealt with this difficult period,” he said.
“I am excited by the prospect of the AEC’s recount and look forward to their announcement in coming days.”
Rosie Lewis 2.17pm: Joyce disqualified
The Turnbull government has been plunged into turmoil and will head to a snap by-election after the High Court ruled Deputy Prime Minister Barnaby Joyce and four other MPs caught in the dual citizenship saga were disqualified from federal parliament.
The ejection of the Nationals leader means the government will lose its one-seat majority in the House of Representatives and likely embolden Labor, which has threatened to cause chaos and confusion if Mr Joyce’s election is deemed invalid.
Independent senator Nick Xenophon and former Nationals cabinet minister Matthew Canavan have been found eligible to sit in parliament.
Nationals deputy leader Fiona Nash, One Nation’s Malcolm Roberts and former Greens senators Larissa Waters and Scott Ludlam have also been disqualified.
The parliament referred the elections of the “citizenship seven” to the High Court after questions emerged about their dual nationality.
Under section 44 of the Constitution, any person who is “a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power” is incapable of being chosen or of sitting as an MP.
Mr Ludlam triggered the dual citizenship fiasco after being told in July he was a New Zealander at the time of last year’s election.
The revelation prompted other parliamentarians, who faced weeks of questioning by the media, to make inquiries about their own status, leading to the referral of seven MPs.
The government argued Mr Joyce, Senators Nash, Canavan and Xenophon and Ms Waters should not be disqualified because they were Australian-born and unknowingly gained citizenship by descent.
In the case of Ms Waters, who was born in Canada, the government said she effectively became Australian-born when her birth was registered with Australian authorities.
But the government said Senator Roberts and Mr Ludlam should be found ineligible because they had some knowledge of their dual citizenship, as they were born overseas and migrated to Australia.
Only those who “voluntarily obtained or retained” their foreign citizenship should have their elections ruled invalid, the Solicitor-General Stephen Donaghue argued.
Tony Windsor, represented by former solicitor-general Justin Gleeson, argued that allowing Mr Joyce to keep his seat would result in “radical instability” and he should be disqualified for being a Kiwi when he nominated for the 2016 election.
Rosie Lewis 2.15pm: Standing room only
The High Court is unusually busy for a Friday afternoon. The court room itself is full, a room for media is full with journalists and interested onlookers, and the gallery overlooking the court room is full. It’s now standing room only.
1.45pm: Countdown to the High Court
The court is due to deliver its judgements on the ‘citizenship seven’ at around 2.15pm AEDT. We’ll have Rosie Lewis reporting as the rulings are handed down and Nicola Berkovic analysing the judgments, with political analysis from David Crowe to follow.
The High Court is expected to announce the orders for each case separately, in the following sequence:
Matt Canavan (Nationals senator)
Scott Ludlam (Greens senator, resigned)
Larissa Waters (Greens senator, resigned)
Malcolm Roberts (One Nation senator)
Barnaby Joyce (Nationals MP, Deputy Prime Minister)
Fiona Nash (senator, deputy Nationals leader)
Nick Xenophon (outgoing Nick Xenophon Team senator)
Recap their cases here and the possible ramifications for each of them.
Joyce response: Mr Joyce’s office has indicated the Deputy PM will be giving a media conference in Tamworth in his northern NSW electorate of New England at 2.30pm AEDT to respond to the decision, which could see him face a by-election.
From Nicola Berkovic: The decision is an extraordinarily quick turnaround for the High Court, which can take months to release its judgments. The hearing wrapped up in Canberra two weeks ago, and the court will publish its written reasons today. In other cases where the High Court has agreed to expedite disputes, such as the challenge to the same-sex marriage postal vote, or the Rudd government’s stimulus cheques, the court has delivered its decision, and its reasons have followed later. All seven High Court judges were involved in hearing the case, in which they sat as the Court of Disputed Returns.
Background from Rosie Lewis: The parliament referred the elections of the “citizenship seven” to the High Court after questions emerged about their dual nationality.
Under section 44 of the Constitution, any person who is “a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power” is incapable of being chosen or of sitting as an MP.
Mr Ludlam triggered the dual citizenship fiasco after being told in July he was a New Zealander at the time of last year’s election.
The revelation prompted other parliamentarians, who faced weeks of questioning by the media, to make inquiries about their own status, leading to the referral of seven MPs.
The government argued Mr Joyce, Senators Nash, Canavan and Xenophon and Ms Waters should not be disqualified because they were Australian-born and unknowingly gained citizenship by descent.
In the case of Ms Waters, who was born in Canada, the government said she effectively became Australian-born when her birth was registered with Australian authorities.
But the government said Senator Roberts and Mr Ludlam should be found ineligible because they had some knowledge of their dual citizenship, as they were born overseas and migrated to Australia.
Only those who “voluntarily obtained or retained” their foreign citizenship should have their elections ruled invalid, the Solicitor-General Stephen Donaghue argued.
Tony Windsor, represented by former solicitor-general Justin Gleeson, argued that allowing Mr Joyce to keep his seat would result in “radical instability” and he should be disqualified for being a Kiwi when he nominated for the 2016 election.
Rachel Baxendale 1.35pm: Bishop ‘biggest casualty’ in High Court saga
With the High Court’s verdict less than an hour away, Labor frontbencher Richard Marles has declared that the biggest casualty of the citizenship saga will be Foreign Minister Julie Bishop’s credibility.
Two months ago Ms Bishop accused the New Zealand Labour Party of colluding with their Australian counterparts to gather information on Deputy Prime Minister Barnaby Joyce’s citizenship, accusing them of “treacherous behaviour” and warning that she would “find it very hard to build trust” with members of a NZ Labour government.
“I’ve been surprised at the way the government has kind of reacted to this with a degree of panic and what will linger much longer than any of this, what I think is the biggest casualty in any of this, is Julie Bishop’s credibility,” Mr Marles said on Sky News.
“We will never forget, by virtue of this saga, that she was out there saying our relationship with New Zealand, as the Foreign Minister, depended on who won the New Zealand election. That was the most amazing mistake about the whole saga.”
Liberal frontbencher Christopher Pyne disputed Mr Marles’s characterisation of Ms Bishop’s comments.
“No she didn’t say that, but you’d like her to have said that, but that’s not what she said, and the truth is that what the government’s done is take the bull by the horns, ask the High Court to rule of what Section 44 of the constitution actually means,” Mr Pyne said.
“There is one precedent but that’s many years ago, and there really isn’t a precedent for those people who are born in Australia and acquire citizenship by descent.
“As I said a long time ago on the basis you could acquire citizenship by descent Kim Jong Un could decide we’re all citizens of North Korea, so it’s going to be very interesting and there’ll be a lot of speculation. I don’t really know what the outcome will be. We’ll know soon enough.”
1.15pm: Was Scullion rolled?
Indigenous Affairs Minister Nigel Scullion is refusing to say whether he was rolled by cabinet colleagues on a constitutionally enshrined indigenous voice to parliament.
Senator Scullion, appearing before a Senate committee today, was asked whether a First Nations People body - a key recommendation of May’s Uluru indigenous summit - was his preferred position.
“I’m a member of cabinet, we’re a cabinet-run government, and I support the position put forward by cabinet” he told Labor senator Jenny McAllister. When asked whether his recommendation to cabinet was to support the Uluru statement, Senator Scullion said: “That’s a matter for cabinet, I can’t comment.”
But he did say that every other recommendation of the landmark statement was “on the table” to be considered by a joint select committee of parliament along with the recommendations of previous work that went back to 2012. Indigenous Labor senator Pat Dodson was not impressed.
“It’s a bit like shut the gate after the bull’s gone through isn’t it?” he told the minister.
Labor leader Bill Shorten told the prime minister the opposition was deeply disappointed with cabinet’s decision to reject the “clear and unambiguous” call for a First Nations People voice without any meaningful work. “It strikes me that a unilateral decision of this kind runs contrary to your repeated promise to do things with indigenous Australians, and not to them,” he wrote in a letter to Malcolm Turnbull today.
Josephine Crawshaw, who is involved in the Uluru statement group, said there was a sense of “groundhog day” for indigenous people.
Senator Scullion didn’t disagree, telling the upper house committee: “It is sad, that we appear to be starting again.” The National Congress of Australia’s First Peoples said the decision was sending “shockwaves” through indigenous communities.
12.05pm: Waters believes disqualification ‘inevitable’
Former Greens senator Larissa Waters says the High Court will inevitably find that she and six other politicians with dual citizenship are ineligible to sit in the federal parliament.
The court is expected to deliver its ruling today at about 2.15pm AEDT on the fates of seven current and former parliamentarians.
“I have resolved myself to the inevitability of the court findings - probably all of us - to have been ineligible,” the former Queensland senator has told ABC radio. “The law is really clear.” Ms Waters quit the Senate when she discovered she held dual citizenship. Fellow Greens senator Scott Ludlam also resigned.
But the others including Deputy Prime Minister Barnaby Joyce - whose presence maintains the Turnbull government’s one-seat majority in the lower house - have “clung to power” and their salaries, Ms Waters said.
Australia’s constitution bans anyone holding dual citizenship from sitting in parliament, in a section aimed at ensuring MPs don’t have split allegiances. The government has tried to argue that the phrase “subject or citizen ... of a foreign power” should be seen to refer only to a person who has voluntarily obtained, or retained, that status, and not those who are oblivious to their dual citizenship by descent.
But Ms Waters says the government’s attempt to create “a new interpretation” is grounded in self-interest. “That argument doesn’t really fly. If you’re speeding and you didn’t know the speed limit, you’re still speeding. You’re still guilty,” she said. “I would be really surprised if the government’s argument gets up today.”
AAP
11.55am: Barnaby keeping busy
Deputy Prime Minister Barnaby Joyce has a full schedule of events in his NSW electorate today ahead of the High Court decision. Mr Joyce is in New England with events planned in Armidale, Uralla, Walcha and Tamworth.
If the Nationals leader is disqualified from parliament over his dual citizenship he will face a by-election, which could be held on December 2 at the earliest.
Mr Joyce holds the seat by a margin of 8.5 per cent having experienced a six per cent swing against him at the 2016 election. His former opponent Tony Windsor - who held the seat for 12 years - is a party to the court case and could re-contest the seat if a by-election is held.
AAP
Jamie Walker visits New England: country seat ready for a familiar twang
Coalition exposed if Joyce ousted
Rachel Baxendale 11.42am: Shortens slams PM on indigenous ‘voice’
Bill Shorten has slammed the Turnbull government’s decision to walk away from a proposal to constitutionally enshrine an indigenous voice in parliament, telling Malcolm Turnbull it is “deeply disappointing” that his government has chosen to ignore the “clear and unambiguous calls” of indigenous people.
The Prime Minister last night urged Bill Shorten to embrace a realistic bipartisan approach to Aboriginal constitutional recognition after telling indigenous leaders he would not support their push for a “voice to the parliament”.
Mr Turnbull said a constitutionally protected indigenous “voice”, which would advise the parliament on indigenous issues, was neither “desirable” nor capable of winning public support. He said the voice, whose members would be democratically elected by indigenous groups, would “inevitably become seen” as a third chamber of parliament.
The indigenous voice was proposed in May by the government’s Referendum Council after a convention of 300 indigenous leaders at Uluru.
Mr Shorten said there was no doubt the proposals were ambitious and would require strong bipartisan support to be achieved.
“Nevertheless, the council and the Uluru recommendations reflect the views of the majority of people consulted especially through the extensive dialogue process that culminated in the summit at Uluru,” the Opposition Leader wrote in a letter to Mr Turnbull this morning.
“I maintain that we have a duty to do whatever we can to give effect to the legitimate aspirations of First Nations Australians for a more meaningful role in our democracy, including undertaking any further work that might be needed to clarify the roles and functions of any new body.
Mr Shorten said he did not believe it was “beyond” the federal parliament to achieve these aims.
“That your government has chosen to reject the proposals without first undertaking any meaningful work indicates, at best, a reluctance to listen to the views of First Nations Peoples, or to show the necessary leadership on this issue,” he said.
“It strikes me that a unilateral decision of this kind runs contrary to your repeated promise to do things with indigenous Australians, and not to them.
“It is not for us to dictate to First Nations Australians what form their recognition should take.
“Surely, the past two centuries have at least taught us that. Surely it is time for our nation to be more honourable and respectful of First Nations People.”
Mr Shorten said Labor would consider Mr Turnbull’s proposal for a joint select committee on indigenous recognition in good faith.
“However, such a committee should not be fettered by a starting point where your cabinet has unilaterally rejected the preferred consensus position of so many First Nation leaders,” he said.
“I urge you to not hastily turn away from this challenge to move our nation forward on the back of one cabinet discussion.”
Tessa Akerman 11.34am: AWU hearing in December
Back to the AWU raids court challenge. The case has been listed for a two- to three-day hearing in the second week in December
Maurice Blackburn lawyer Josh Bornstein said the union’s argument was that the AFP raid was illegal and the ROC’s investigation is also illegal because it is politically motivated.
“Prior to these raids, the union had handed over disclosure statements from 10 years ago in relation to GetUp! donations to the ROC, but in doing so had pressed the regulator to provide it with information about the political interference by the Turnbull government in this matter,” he said. “Disturbingly, the ROC has refused to hand over all file notes of its communications with Minister Cash and her office and we will continue to seek all such documents as part of the federal court case.”
11.30am: Govt ‘considering Citizenship Act changes’
On Sky News, correspondent Samantha Maiden has reported that the government is investigating changes to the Citizenship Act in the wake of the High Court case.
Sky “understands the Attorney-General is considering changes that would prohibit foreign countries from conferring citizenship on MPs without their knowledge or consent”, it says.
The move would not be retrospective and obviously any decision to change would have to await whatever the High Court rules today, Sky reports.
.@samanthamaiden: The government is preparing changes to the Citizenship Act in the wake of the High Court case. https://t.co/OCHHCPsLUp pic.twitter.com/Or9dC9RpSb
— Sky News Australia (@SkyNewsAust) October 27, 2017
Rachel Baxendale 11.10am: Mundine: It’s a difficult ask
Indigenous leader Warren Mundine says the Turnbull government’s decision to walk away from a proposal to constitutionally enshrine an indigenous voice in parliament is not at all surprising.
Mr Mundine, who until January was the chairman of Malcolm Turnbull’s now-dissolved Indigenous Advisory Council, said he never believed such a proposal could “get up” as it would not gain the support of a majority of Australians.
“We’ve got to get into political reality here and the constitutional reality,” Mr Mundine told Sky News. “The constitution is quite clear in regard to a majority of people in a majority of states have to vote to change the constitution.
“That’s going to be a difficult hurdle and we know that historically very few amendments have ever got up, and so that’s going to be a difficult ask.”
“This idea that the conversation started out by saying you want to remove race from the constitution and then ending up with putting race back into the constitution with a specifically race chosen chamber ... I’ve never supported this stance and I knew this argument and debate would come out.
“The reality is, yes I can understand the frustrations and the anger there because they were asked to come up with something and they did come up with something, but I also understand it would be a waste of time and really split the nation if they have a referendum that doesn’t get up.”
Mr Mundine said the indigenous affairs focus needed to be on issues such as domestic violence, housing and health.
Tessa Akerman 10.40am: AWU raids court hearing adjourned
Documents seized in AFP raids on Australian Workers Union offices will not be handed over to the Registered Organisations Commission until at least December, after a court hearing challenging the raids was adjourned today.
The AWU is taking action in the Federal Court against the ROC and the Australian Federal Police over the seizure of documents in Melbourne and Sydney earlier this week.
A directions hearing was scheduled for this morning but the parties reached agreement yesterday over the filing of court documents. The AWU will file supportive documents in the next month and the defence must file by December. A date for a substantive hearing will then be set.
Rachel Baxendale 10.05am: Waters’ immediate comeback ruled out
Greens leader Richard Di Natale has indicated former senators Scott Ludlam and Larissa Waters will almost certainly be replaced by the next candidates on the party’s respective WA and Queensland Senate tickets, ruling out the possibility of Ms Waters making a comeback before the next half-Senate election.
Former Democrats leader Andrew Bartlett is set to replace Ms Waters, while 23-year-old disability advocate Jordon Steele-John will replace Mr Ludlam.
Senator Di Natale said Mr Steele-John, who has cerebral palsy, was a “terrific young man” who was “wise beyond his years”.
“I think he’s going to make a terrific contribution to the Australian parliament and I can’t wait to hear the sound of saws and hammers as they install those ramps in the Senate chamber,” he told Sky News. “I think that will be a great thing and make a very important statement for the nation.”
Senator Di Natale said it would be a matter for the Queensland branch of the Greens to determine whether Ms Waters or Mr Bartlett is preselected as the No.1 candidate on the Greens’ Senate ticket next election.
He said there had been no negotiations with Mr Bartlett to ask him to stand aside.
“Certainly nothing that I’ve been involved in, and one of the best things about the Greens is that we’re very much a grassroots democratic party and it’s our members who make those decisions and it really will be up to the members to decide that,” Senator Di Natale said.
Rachel Baxendale 9.45am: Albanese: ‘It doesn’t stack up’
Labor frontbencher Anthony Albanese has accused Malcolm Turnbull and his embattled Employment Minister Michaelia Cash of lying about whether they were aware that Senator Cash’s office had tipped off television networks ahead of Tuesday’s AFP raid on the Australian Workers Union.
Mr Albanese’s version of events conflicts with revelations in today’s Australian that major television networks received a tip-off about the raid ahead of a separate leak from Senator Cash’s office.
Mr Albanese said he was made aware on Tuesday afternoon that “Minister Cash’s staff had been ringing around the media”, before television networks turned up at the AWU’s Melbourne and Sydney offices ahead of the raids, but he refused to reveal his sources when pressed on ABC radio this morning.
On Wednesday Senator Cash denied on five occasions that her office leaked information about the raids, but later changed her story following a break in a Senate estimates hearing on Wednesday night, saying her senior media adviser David De Garis had admitted to informing the media and resigned.
Senator Cash said Mr De Garis had only learnt of the raids from a “media source”.
Mr Albanese said he had twice accused Senator Cash’s office of tipping off the media during a debate with Liberal frontbencher Christopher Pyne on Adelaide radio at 9am on Wednesday.
“It is beyond belief that Christopher Pyne as Manager of (Government) Business wouldn’t have immediately alerted the Prime Minister’s office, Minister Cash’s office, about that. He’s a professional,” Mr Albanese told ABC radio today.
“And the fact is that it’s unusual that for the first time ever, Christopher Pyne’s office didn’t circulate the transcript. I did, of course.
“We know now that before lunch Senator Cash misled the Senate time and time again, and what’s interesting is the words that Prime Minister Turnbull used in Question Time.
“He said that allegations had been made that Minister Cash had alerted the media. That was a straw person put up. That was never the suggestion. The suggestion was explicitly clear and it was the case that Minister Cash misled the Senate on five separate occasions. Her position is untenable.”
Mr Albanese said it “didn’t stack up” that Mr De Garis had not mentioned his involvement in the tip-off during a meeting with Senator Cash and Mr Turnbull in the Prime Minister’s office on Wednesday morning.
Asked whether Senator Cash and Mr Turnbull were lying in saying that Mr De Garis had not been questioned about his knowledge of the tip-off in the meeting, Mr Albanese said: “Absolutely”.
“It doesn’t stack up that Minister Cash’s staffer sits there and watches her mislead the Senate on five separate occasions, that the allegation that’s been made very clearly, by myself on Wednesday morning at 9am,that somehow she’s not made aware of it or mislead about what that allegation is, even though Minister Cash says that she saw a transcript,” Mr Albanese said.
“It is beyond belief that this guy sits in a meeting with the Prime Minister prior to Question Time and Minister Cash doesn’t say well, by the way, I should just let you know that our office did alert the media.”
Rachel Baxendale 9.40am: ‘Not worth the paper it’s written on’
The Michaelia Cash issue has dominated political interviews this morning, with Anthony Albanese saying the minister “has to go” and Chistopher Pyne denying that she misled parliament.
Mr Albanese told the Nine Network that “the ministerial code of conduct is not worth the paper it’s written on if Malcolm Turnbull keeps her there”.
“No, she didn’t (mislead),” Mr Pyne told Nine. “She told the truth to the estimates and when she found out she had been misled, she immediately told estimates and owned up to it and apologised. That’s all you can do.
“She didn’t deliberately mislead the parliament and if it’s one rule for Michaelia Cash, it’s got to be the same rule for everyone else.
“Bill Shorten brought Sam Dastyari back on to the front bench after he had his personal bills being paid by Chinese investors,” Mr Pyne said.
Finance Minister Mathias Cormann said Senator Cash could not have acted in any other way, indicating any blame lay with her staff.
“If people give you assurances at one point and then change their story, I don’t think that is a reflection on the person that was misled,” Senator Cormann told Sky News.
Rachel Baxendale 9.30am: AFP launches raid leak investigation
The Australian Federal Police has launched an investigation into the leaking of information relating to Tuesday’s AFP raids on the Sydney and Melbourne headquarters of the Australian Workers Union.
“The AFP has commenced an investigation into the alleged unauthorised disclosure of information concerning recent search warrants executed in support of a Registered Organisations Commission investigation,” a spokeswoman confirmed this morning. “As this matter is under investigation, the AFP will be making no further comment.”
As The Australian revealed today, major television networks received a tip-off about the raids ahead of a separate leak from Employment Minister Michaelia Cash’s office.
Attorney-General George Brandis told a Senate estimates hearing today that Senator Cash has been informed of the probe.
Senator Brandis is appearing on behalf of Senator Cash, who said she could not attend the estimates hearing today due to a scheduled commitment in Perth.
Senator Brandis told the hearing that he would not take any questions on the controversy at today’s hearing given the AFP had commenced its investigation.
Senator Cash’s senior media adviser David De Garis resigned on Wednesday night after admitting he tipped off media about the AFP raids of the AWU offices.
Senator Cash had written to Registered Organisations Commissioner Mark Bielecki yesterday suggesting he ask the AFP to conduct a probe into the leak.
“Senator Cash’s office was advised last night by the Australian Federal Police that they have commenced an investigation into that matter,’’ Senator Brandis said.
He said the AFP has said it would not be appropriate to discuss the matter further given it was under investigation. He said he would not be accepting any questions about the matter at estimates today. Estimates has adjourned to consider the issue.
Additional reporting: Ewin Hannan
Rachel Baxendale 9.15am: 92pc worried about power prices: poll
A new poll out this morning shows the overwhelming majority of Australians are concerned about power prices, but most have little understanding of the government’s new National Energy Guarantee.
The Sky News Reachtel poll showed 69 per cent of people were very concerned about power price rises in the next year, 23 per cent somewhat concerned, and only 8 per cent were not at all concerned.
People were also more concerned about prices than about reducing emissions, with 52 per cent saying cutting power bills was most important, 27 per cent saying reducing emissions was most important, and 20 per cent prioritising reliability.
On the National Energy Guarantee, 28 per cent said they’d head a lot about it, 47 per cent said they’d heard a little, and 25 per cent said they’d heard nothing.
8.15am: Turnbull statement ‘dog whistling’: Pearson
Noel Pearson has accused Malcolm Turnbull of “egregious dog whistling” after his government walked away from a proposal for a constitutionally enshrined indigenous voice in parliament.
During a summit at Uluru in May, indigenous leaders rejected symbolic constitutional recognition in favour of an elected parliamentary advisory body and a treaty.
But Mr Turnbull insists a new representative body was not desirable or capable of winning acceptance at a referendum. Yesterday he said the government had listened carefully to the arguments put for a new body and recognised the desire for indigenous Australians to have a greater say in their own affairs. But he warned it would inevitably become seen as a third chamber of parliament.
CHRIS KENNY: Mundane end to historic reform
Cape York leader Mr Pearson, who was on the Referendum Council, said last night: “Malcolm Turnbull has broken the First Nation people’s hearts”, in a quip on a similar line Mr Turnbull used against John Howard when the republic referendum failed.
Today he said at least Mr Howard had the grace to put the public question of a republic to the Australian people for their vote in 1999.
“There could have been a way to say no to this, without all the egregious dog whistling that is present in the Prime Minister’s press release,” Mr Pearson told ABC radio.
Bill Shorten and indigenous Senator Pat Dodson said Mr Turnbull had thrown away years of hard work and goodwill by ignoring the legitimate aspirations of the Aboriginal community.
“There’s nothing honourable about what’s happened here,” Senator Dodson told ABC radio.
“It wasn’t honourable because they didn’t discuss any of this with their own advisory committee (or) the indigenous leadership.” Senator Dodson said who knows whether the body would pass the referendum test. “We’ve just spent $122 million surveying people on the question of same sex marriage ... we could have taken the same approach here.”
Mr Turnbull asked the Opposition Leader in a letter delivered last night to take a bipartisan approach on a realistic model for constitutional recognition. Labor announced its support for the voice model in August.
Greens Senator Rachel Siewert said cabinet’s decision makes a “mockery” of the government’s claim that they listen to indigenous people.
Josephine Crawshaw, who is involved in the Uluru statement group, said there was a sense of “groundhog day” for indigenous people.
“After a decade of discussions and millions of dollars spent on constitutional recognition it is unfortunate we have come to this,” she said. “We have come to a point where seemingly no action will be taken.” The National Congress of Australia’s First Peoples said the decision was sending “shockwaves” through indigenous communities.
- AAP/The Australian
Rachel Baxendale 7.55am: Pyne, Albo face off on Joyce
Liberal frontbencher Christopher Pyne and his Labor counterpart Anthony Albanese have gone head-to-head on morning television as they do most Fridays, giving their tips on Barnaby Joyce’s prospects.
“If the High Court finds against Barnaby Joyce today there will be a by-election in New England and we’ll campaign to win it,” Mr Pyne told the Nine Network. “We’ll ask the people of New England to re-elect Barnaby Joyce. I hope that’s what will happen.”
Albo said the government did not want to face a by-election.
“If Barnaby Joyce is removed this afternoon, they lose their majority,” he said. “They’ve already lost their capacity to govern. This will just formalise that.”
Meanwhile, here’s Pyne from today’s paper on his own prospects, shoud his seat of Sturt go in a looming electoral redistribution. Pyne has openly declared to Liberal colleague and first-term MP Nicolle Flint that he would seek her federal seat in South Australia should his own seat be abolished or redrawn unfavourably.
Rachel Baxendale 7.25am: Ardern would like to meet Bishop
D-day for Deputy PM Barnaby Joyce happens to coincide with NZ Labour leader Jacinda Ardern’s first day as PM, which is perhaps apt given our Foreign Minister Julie Bishop’s claim two months ago that Ms Ardern’s party had engaged in “treacherous behaviour” and colluded with their Australian counterparts to gather information on Mr Joyce’s citizenship.
Ms Ardern was eager to mend cross-ditch relations this morning, saying that although she had not met with Ms Bishop since the Foreign Minister warned that she would “find it very hard to build trust” with members of an NZ Labour government, she would like to “when time allows”.
“I haven’t had an opportunity to speak with Ms Bishop, but I have with Prime Minister Turnbull and with Bill Shorten,” Ms Ardern told ABC radio.
“Both conversations have been warm and the relationship as far as I’m concerned remains strong.
“I would like the opportunity of course to meet with Ms Bishop when time allows, but my view is and the view of my government is that what happened there did not undermine our relationship and we won’t allow it to undermine the relationship in the future.”
TODAY’S HEADLINES
Cash crisis
The Prime Minister has backed Employment Minister Senator Cash against furious Labor accusations that she misled parliament when she insisted her office did not tip off the media about the raids — a claim she was forced to retract in an explosive Senate row.
In a key vote yesterday, crossbench MPs Cathy McGowan and Rebekha Sharkie sided with the Coalition to defeat a Labor call for Senator Cash to be sacked, giving heart to ministers about their ability to fend off Labor attempts to disrupt parliament if Mr Joyce is removed.
EDITORIAL: AWU scandal an own goal
Senator Cash assured a Senate committee on Wednesday that neither she nor her office had told the media of the Australian Federal Police raids on the Australian Workers Union on Tuesday afternoon to obtain documents about a $100,000 donation to GetUp! when Mr Shorten led the union. In a dramatic change in story, Senator Cash told the same committee hours later that her senior media adviser had admitted tipping off the media.
Mr Shorten demanded she resign as minister for misleading parliament but the government argued she had made her first statement in good faith and corrected the record as soon as her adviser told her of his actions. “She acted entirely properly,” Mr Turnbull told parliament.
Senator Cash told the Senate she had not considered resigning, was disappointed that her adviser had misled her and had written to the regulator running the AWU investigation, the Registered Organisations Commission, to suggest it launch a police inquiry into the leak.
However, her statements yesterday appeared to contradict earlier evidence she gave about her meeting with Mr Turnbull before question time on Wednesday about the media tip-off.
The furore over Senator Cash left the government struggling to land a blow on Mr Shorten over his former union’s $100,000 donation to GetUp!, amid continuing questions over the use of union member funds to aid the activist group.
COMMENT: Dennis Shanahan writes that Malcolm Turnbull and Bill Shorten — the most unpopular leadership options in decades — have demonstrated again that they are the best thing going for each other: the Prime Minister’s lack of political savvy gives the Opposition Leader a constant reprieve, and Shorten’s unpopularity gives Turnbull a lifeline as preferred prime minister.
High Court decision
The government rode out the political storm over Senator Cash in parliament yesterday but still has three cabinet ministers in doubt, with the nation’s highest court due to rule this afternoon on whether Mr Joyce and two colleagues should be disqualified for holding dual citizenship.
Mr Joyce is ready for a by-election to be held as soon as December 2 if he is removed from parliament over his past citizenship status, while the Coalition faces an internal battle over who should replace Nationals deputy Fiona Nash and former minister Matt Canavan if they are also disqualified.
The government has drafted a plan to respond swiftly to the High Court ruling at 2.15pm if it goes against Mr Joyce, with plans to issue the writs for the by-election in his seat of New England within hours of the court decision.
Mr Turnbull is due to fly to Israel late today to commemorate the 100th anniversary of the battle of Beersheba but may delay the departure to help launch an immediate campaign to return Mr Joyce to parliament.
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