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Julie Bishop weighs into Dutton debate, Craig Kelly won’t rule out crossbench move if he loses preselection

PoliticsNow: The independent MP has not ruled out supporting more referrals of Coalition, Labor or crossbench MPs to the High Court.

Julie Bishop says MPs have a responsibility to check their eligibility to sit in parliament. Picture: AAP
Julie Bishop says MPs have a responsibility to check their eligibility to sit in parliament. Picture: AAP

Hello and welcome to PoliticsNow, The Australian’s live blog on the happenings at Parliament House. Recap what happened in another busy day in Canberra below.

• Top story: McGowan may support eligibility referrals

Richard Ferguson 3.28pm: When do we sit?

Bill Shorten asks Scott Morrison if he can confirm Parliament sits only ten days in the first eight months next year.

The Prime Minister says the parliamentary sitting calendar reflects the changes in bringing forward the budget by a month, on April 2.

“And in that time before the budget the Treasurer and I and the members of the expenditure review committee and the cabinet will be preparing a surplus,” he says.

“Those opposite haven’t delivered a surplus budget from the year Taylor Swift was born in 1989, and now they want to shake it off.”

Rosie Lewis 3.12pm: McGowan may support eligibility referrals

Former Liberal, now independent member for Chisholm Julia Banks and Independent Member for Indi Cathy McGowan during Question Time today. Picture: AAP
Former Liberal, now independent member for Chisholm Julia Banks and Independent Member for Indi Cathy McGowan during Question Time today. Picture: AAP

Independent Cathy McGowan has not ruled out supporting more referrals of Coalition, Labor or crossbench MPs, as the government targets Kerryn Phelps, Anne Aly, Michael Freelander and Tony Zappia in retaliation to a growing threat over Home Affairs Minister Peter Dutton.

Labor’s chances of referring Mr Dutton increased yesterday when former Liberal MP Julia Banks defected to the crossbench.

Ms McGowan and fellow independents Adam Bandt, Andrew Wilkie and Rebekha Sharkie have previously voted to send the Minister’s election to be tested in the High Court.

The Australian understands Ms Banks and Dr Phelps visited Attorney-General Christian Porter’s office after Ms Banks’ bombshell announcement that she had quit the Liberal Party for a briefing on Mr Dutton’s eligibility.

Ms McGowan said she would consider the details of any proposed referral to the High Court.

“Where there is doubt, it is important the situation is clarified,” she said.

Her comment comes after a senior government source claimed to The Australian that at least one crossbencher had said they would only back a Dutton referral if all other MPs with eligibility questions were included.

Richard Ferguson 3.07pm: ‘Prices went up under Labor’

Opposition treasury spokesman Chris Bowen asks Josh Frydenberg if he agrees with past comments that the national energy guarantee would bring down power prices.

The Treasurer says Bill Shorten is “just about politics” and that power prices went up when Labor was last in government.

Richard Ferguson 3.00pm: ‘Our NEG came without reckless renewable targets’

Opposition energy spokesman Mark Butler asks Scott Morrison if he agrees with previous statements that he national energy guarantee would bring down power prices.

The Prime Minister says Labor is misrepresenting the NEG because the Coalition’s NEG did not come with a 45 per cent renewable energy target, and that Labor refuses to rule out a carbon tax.

“If you’re interested in taking electricity’s prices down, you do not have reckless targets when it comes to managing your emissions,” he says.

“We have a sensible target. It’s 26 per cent.

“The Labor Party has a reckless target. And as we heard from the member for Isaacs, that will — it is quite possible include a carbon tax from the Labor Party. They refuse to rule it out.”

Richard Ferguson 2.46pm: ‘A natural for women’

Opposition social services spokeswoman Linda Burney asks Women’s Minister Kelly O’Dwyer if she agrees with her reported comments that the Liberal Party are widely seen as “homophobic, anti-women, climate deniers.”

“I thank the member for her question. It gives me an opportunity to be able to explain again to the House how this government is the natural government for Australian women,” Ms O’Dwyer says.

The Opposition erupts into laughter.

Ms O’Dwyer resumes speaking and says Labor does not want to listen to a woman at the dispatch box.

More jeers from the Opposition ensue. Speaker Tony Smith ejects Labor MPs Clare O’Neill and Madeleine King.

Primrose Riordan 2.40pm: Kiwis follow us over Huawei

New Zealand regulators have followed Australia and banned the use of Huawei equipment in a proposed 5G telecommunications project.

New Zealand company Spark had planned to use Huawei 5G equipment in rolling out cell tower infrastructure, but authorities have stopped the move.

New Zealand’s Government Communications Security Bureau cited “significant risks” to national security in making the decision.

“I can confirm the GCSB under its TICSA responsibilities, has recently undertaken an assessment of a notification from Spark. I have informed Spark that a significant network security risk was identified,” GCSB Director-General, Andrew Hampton, said.

Australia recently used regulations to stop the use of equipment from Chinese telecommunications companies Huawei and ZTE in the country’s 5G roll out.

Richard Ferguson 2.38pm: Return of Frankenstein?

Bill Shorten asks Scott Morrison why the Coalition will not work with Labor on introducing a national energy guarantee, after Julie Bishop told the Australian Financial Review that the major parties should work on a compromise yesterday.

Ms Bishop looks at Mr Shorten intensely.

The Prime Minister says Bill Shorten previously criticised the NEG and that he cannot be trusted on energy policy.

“The Leader of the Opposition referred to this policy as a Frankenstein policy, Mr Speaker. So what will that demonstrate? You can never believe anything this bloke says,” Mr Morrison says.

Richard Ferguson 2.37pm: Labor ‘to bring back carbon tax’

Energy Minister Angus Taylor says Labor will introduce a carbon tax based on recent interviews of Labor figures.

“The member for Port Adelaide, Mr Speaker, the minister, the Shadow Minister for Energy himself, when asked by Leigh Sales on the 7.30 report, she said, “Will Labor’s policy include a carbon tax?”’ Mr Taylor says.

“He said, “It will cover all the other sectors of the economy apart from electricity.’”

Richard Ferguson 2.32pm: Will Treasurer use his video skills?

Labor MP Anne Aly asks if Josh Frydenberg will send a video message to the G20 summit in Buenos Aires since he will not attend in person.

The Treasurer shared a video on social media earlier this month in which he talked about the government’s economic success. He was criticised for the video’s poor quality and his stilted performance.

Mr Frydenberg laughs as he approaches the dispatch box, but says the economy is “serious business”.

Richard Ferguson 2.26pm: Leigh attacked over article

Treasurer Josh Frydenberg attacks opposition assistant treasurer Andrew Leigh for an article he wrote in the New York Times on Australia’s economy, in which his assessment of the national economy was less than glowing.

“The member for Fenner, when he writes about Australia overseas, he talks it down,” he says.

“He went and said to the investors of the world through the New York Times, don’t come here and invest in the Australian economy.”

Dr Leigh tries to table an article Mr Frydenberg wrote for The Spectator. He is told to sit down.

Richard Ferguson 2.23pm: Why did Frydenberg cancel trip?

Opposition treasury spokesman Chris Bowen asks Treasurer Josh Frydenberg why he is not attending the G20 summit in Buenos Aires.

Mr Frydenberg says the G20 is a leaders’ meeting. The opposition erupts and Mr Bowen makes a “reeling it in” hand gesture.

When the Prime Minister represents this country at the G20 over the weekend, the Finance Minister will be with him,” he says.

The opposition continues to jeer. Speaker Tony Smith asks the Treasurer to be silent.

“Treasurer, stop talking for a second, thank you.”

Richard Ferguson 2.18pm: Julia Banks seat filled

Former foreign minister Julie Bishop has a new parliamentary neighbour.

Outgoing Queensland MP Jane Prentice is now sitting next to Ms Bishop.

Ms Prentice’s new seat is where Julia Banks once sat on the treasury benches, before she went to the crossbench.

Richard Ferguson 2.12pm: ‘Cocky’ Shorten calls out PM

Bill Shorten asks Scott Morrison why Malcolm Turnbull is not Prime Minister, and if he can confirm the government has lost its majority.

“Can the Prime Minister confirm that since moving on Malcolm Turnbull, the government has cancelled parliament because they couldn’t decide who is the Prime Minister, lost two government members and its majority, and next year will run a part-time Parliament?,” he says.

“Has the government given up on even pretending to govern?”

The Prime Minister says Bill Shorten is “cocky”.

“He thinks he can just walk into the job of Prime Minister, Mr Speaker, without explaining to the Australian people why he wants to take a sledge hammer to the Australian economy,” he says.

Richard Ferguson 2.09pm: Domestic violence gets political

Bill Shorten’s first question is on whether Scott Morrison will match $18 million in funding to keep the Keeping Women Safe anti-domestic violence program.

The Prime Minister says the government is looking at extending the program and that it is simply going through the normal budget process, and that the Opposition Leader should not politicise domestic violence.

“I must say I’m a little disappointed that the Leader of the Opposition would seek to make some political capital of this issue in this place,” he says.

“I would ask we continue to address these issues in a bipartisan way and not seek to play politics with it.”

Richard Ferguson 2.06pm: United on fire and rain

Scott Morrison opens question time by saying the parliament stands with Australians in NSW and Queensland facing dangerous floods and fires respectively.

“I have spoken to the Premier of New South Wales and the Premier of Queensland. I want to place on record the fact that the entire Parliament is standing with the people of New South Wales and Queensland,” he says.

“All agencies of government will be working in with their state counterparts in both New South Wales and Queensland to ensure that the services they need are provided in the most cooperative way possible.”

Bill Shorten echoes the Prime Minister’s comments.

“We live in a challenging continent where you can see amazing storms drench Sydney but there are terrible bushfires further up the Australian coast between Cooktown and Gladstone,” he says.

Richard Ferguson 1.57pm: Phelps moves on promise

Independent MP Kerryn Phelps will move amendments to the Migration Act this sitting fortnight, after she promised to make the evacuation of children off Nauru her first priority in parliament.

The Member for Wentworth has lodged a notice of intention to move the Migration Amendment (Urgent Medical Treatment) Bill 2018.

Dr Phelps made the evacuation of children from the offshore processing centre a key policy focus when she took the blue-ribbon seat of Wentworth off the Liberal Party in October.

1.36pm: Dick confirms he’ll run

Dick Smith has told Sky News that he’s going to throw his hat in the ring at the next federal election for the Sydney northern beaches seat of Mackellar. “I don’t think I will get elected, but I’m going to stand,’’ he said.

Rosie Lewis 1.20pm: ‘The party is concerned’

Julie Bishop has expressed disappointment that Julia Banks “felt the need to leave the Liberals”, while confirming her own plans. Read more here

Richard Ferguson 12.50pm: The problem with Barry

Trade Minister Simon Birmingham says a fellow Coalition senator who made offensive comments about the Greens’ Sarah Hanson-Young is “harder to influence” because he has lost his pre-selection battle.

Barry O’Sullivan walked out of the Senate chamber today as he was condemned by Labor senate leader Penny Wong and Greens leader Richard Di Natale for his personal attacks on Senator Hanson-Young.

“I was not impressed. I sit at the opposite end of the chamber to Barry and Sarah. There seems to regularly be a cacophony of exchanges happening ... much of it frankly appears to be pretty unedifying,” Senator Birmingham told ABC radio.

Barry O’Sullivan has lost his pre-selection. He is not going to be an endorsed candidate for the National Party in Queensland at the next election.

“That perhaps means that he becomes even harder to influence from time to time in terms of what he says or does, but the Party has taken its action and steps up there.”

12.25pm: Australia not on track for Paris aims

A projection of Australia’s emissions have shown we are not on track to meet our Paris climate commitments, the UN says. Read more here

Remy Varga 12pm: Dick Smith ponders parliament

Dick Smith has taken a swipe at Scott Morrison in a scathing parody video, fuelling speculation he’s planning to run as an independent for the seat of Mackellar. Read more here

Entrepreneur Dick Smith has put the boot into Scott Morrison. Picture: Jonathan Ng
Entrepreneur Dick Smith has put the boot into Scott Morrison. Picture: Jonathan Ng

Peter van Onselen 11.30am: Gridlock is the new black

What this lame excuse for a government should do for the good of the nation is go to the polls immediately. Read more here

Richard Ferguson 11.10am: ‘I intend to run’

Julie Bishop has confirmed she will run at the next federal election in her WA seat of Curtin.

After she lost out on the Liberal leadership in August and resigned from cabinet, there was speculation she could appointed to an high-ranking diplomatic post or Governor General.

“I am the preselected candidate for the Liberal Party in the seat of Curtin ... I intend to do so (run),” she told reporters in Canberra.

Julie Bishop in Canberra today. Picture: Kym Smith
Julie Bishop in Canberra today. Picture: Kym Smith

Richard Ferguson 11am: Bishop weighs into eligibility furore

Ms Bishop says MPs have “a responsibility” to check their eligibility to sit in parliament as the threat of Home Affairs Minister Peter Dutton being referred to the High Court looms.

“My point is every MP has a responsibility to ensure that they are eligible to sit in the parliament,” she told reporters in Canberra.

“Where there’s doubt, in the past, the people have referred themselves or have been referred.”

There is growing speculation over whether Labor and crossbench MPs will back a referral of Mr Dutton to the High Court now Julia Banks is sitting on the crossbench.

The government has raised the possibility of targeting independent MP Kerryn Phelps and Labor’s Anne Aly and Mike Freelander if moves are made against Peter Dutton.

Primrose Riordan 10.50am: Cormann in for Frydenberg

Finance Minister Mathias Cormann, a Senator, will attend the G20 in Josh Frydenberg’s place, after it was announced the Treasurer would not attend.

A spokesman for the Prime Minister confirmed there was no formal bilateral meeting with the US president.

“The PM will no doubt have the opportunity to touch base with President Trump during the G20 meetings,” a spokesman for Mr Morrison said.

“But given we have no pressing bilateral issues at the moment, and the PM had an extensive opportunity with VP Pence at APEC, there is no pressing need for a formal Bilateral at this stage. The relationship is being well managed.”

10.35am: Matthew Guy quits after landslide

Victorian Liberal leader Matthew Guy has resigned as leader after his party’s thumping loss in the state election. Read more here

Richard Ferguson 10.05am: O’Sullivan ‘trashing’ Senate

Labor senate leader Penny Wong says Coalition Senator Barry O’Sullivan “trashed” the standards of the Senate in his personal attacks against Greens senator Sarah Hanson-Young.

“The Senate itself will not respected if the behaviour in here demeans it,” Senator Wong said.

“We saw those expectations trashed yesterday, trashed yesterday, by Senator O’Sullivan. But he is not the first.

Finance Minister Mathias Cormann says there is a “requirement for civility” from all in the chamber.

“Debate can become quite robust but there is always a requirement of civility from all of us,” he told the Senate.

“It is true that in recent times, and we’re at that point of the cycle I guess, tensions do increase somewhat but we must all remind ourselves of the standards people expect us to uphold.”

Nationals Senator Barry O'Sullivan leaves the chamber as Senator Di Natale speaks. Picture: AAP
Nationals Senator Barry O'Sullivan leaves the chamber as Senator Di Natale speaks. Picture: AAP

Richard Ferguson 9.50am: Senators stage walkout

The Senate will make changes to its standards after sexist slurs were slung at Greens senator Sarah Hanson-Young, Finance Minister Mathias Cormann says.

Greens leader Richard Di Natale was suspended yesterday by a bipartisan vote after he refused to withdraw calling Coalition senator Barry O’Sullivan a “pig.”

Senator O’Sullivan made offensive comments about Senator Hanson-Young and her personal life, and he withdrew his statements.

But today he walked out of the chamber while Senator Di Natale spoke out against abusive comments aimed at female senators. Liberal Democrat David Leyonhjelm and independent senator Fraser Anning also walked out.

Greens leader Richard Di Natale in the Senate today. Picture: AAP
Greens leader Richard Di Natale in the Senate today. Picture: AAP

Simon Benson 9.20am: Frydenberg cancels G20 trip

Josh Frydenberg has cancelled his visit to Argentina for the G20 following Julia Banks’s shock resignation.

The Australian understands Mr Frydenberg, who called a crisis meeting of Victorian Liberal MPs on Monday following the disastrous state election result, will now stay in the country to focus on domestic issues.

Richard Ferguson 9.10am: ‘That’s a GetUp slur’

Liberal MP Craig Kelly says he is not “the reactionary right” for his support for coal and criticism of renewables, after Julia Banks blamed the Liberal Party’s right flank for her defection to the crossbench.

“I laugh when I hear ‘this reactionary right.’ Is it reactionary right to say I’m concerned about pensioners that can’t afford their electricity in winter?,” he told Sky News.

“That’s not reactionary right, that is mainstream middle-of-the-road politics. The ‘reactionary right’ phrase is one of those slurs you hear from GetUp”

Mr Kelly is a conservative who supported Peter Dutton’s push for the leadership against Malcolm Turnbull in August.

Richard Ferguson 9am: Is a carbon tax coming?

Labor MP Peter Khalil has refused to rule out a carbon tax if Bill Shorten becomes Prime Minister.

Mr Khalil, the member for the Victorian seat of Wills, was asked repeatedly if Labor would re-introduce a carbon tax but refused to answer.

“We’ve got a great energy policy investing in renewables,” he told Sky News. Liberal MP Craig Kelly said in response: “That seems like a yes to me.”

Richard Ferguson 8.45am: Liberal MP keeps options open

Liberal MP Craig Kelly says he is not making “threats” to move the crossbench if he loses preselection, but refused repeatedly this morning to rule out joining Julia Banks.

Mr Kelly, a conservative, faces a tough task winning preselection in his federal NSW seat of Hughes, and there has been speculation he would move to become an independent if he lost.

“You don’t play rule in, rule out games,” he told Sky News.

“You play hypothetical games all you want ... there’s no threats whatsoever.”

Mr Kelly told Sky News he wanted to prosecute the case for the Liberal Party, but he continued to not rule out becoming an independent after multiple questions on the issue.

Liberal MP Craig Kelly. Picture: AAP
Liberal MP Craig Kelly. Picture: AAP

Richard Ferguson 8.20am: Wait and see on Dutton move

Independent MP Kerryn Phelps says she has not decided whether she will refer Home Affairs Minister Peter Dutton to the High Court over his eligibility to sit in parliament.

“I’m considering the legal advice on that issue. It’s a very important issue that obviously goes to decisions that have been made in his role as a minister and also to his role going forward,” she told Sky News.

“I think it’s extremely important that decision is made with a very cool head.”

The Member of Wentworth faces the possibility of government retaliation if she were to support a referral of Mr Dutton, and could be referred herself over her business interests as a GP.

Dr Phelps has said previously she has legal advice which shows she is not in contravention of Section 44 of the Constitution.

Independents Cathy McGowan, Rebekha Sharkie, Kerryn Phelps with Julia Banks after her Liberal Party resignation speech. Picture: Gary Ramage
Independents Cathy McGowan, Rebekha Sharkie, Kerryn Phelps with Julia Banks after her Liberal Party resignation speech. Picture: Gary Ramage

Richard Ferguson 8.10am: Phelps knew of defection

Dr Phelps says she knew about Julia Banks’s planned defection before her statement in parliament yesterday.

“I knew enough to be in the chamber yesterday to provide the support I felt she needed in making such a brave move,” she told Sky News.

The Independent Member for Wentworth said it was up to Ms Banks to say how much crossbench MPs knew about her bombshell move before she told Scott Morrison and government MPs.

Richard Ferguson 8.05am: PM ambushed by Banks move

Julia Banks did not tell Scott Morrison in advance that she would defect from the Liberal Party, the Prime Minister says.

“No, no she didn’t. And of course that’s disappointing, as all our colleagues were disappointed” he told 2GB this morning.

When asked if Liberal volunteers in Ms Banks’s seat of Chisholm should be upset, Mr Morrison said they would feel the same as her former Liberal colleagues.

“I think they feel the same way, I think they feel the same way and they’re entitled to thinking that,” he said.

“But you know, we’re not going to stop Bill Shorten becoming prime minister by sitting around and being disappointed.”

Richard Ferguson 8am: Threats to Labor ‘pathetic’

Opposition treasury spokesman Christopher Bowen says government threats to refer Labor and crossbench MPs to the High Court are “pathetic”.

Labor needs only six crossbenchers to refer Home Affairs Minister Peter Dutton to the High Court.

There have been reports that the government would target crossbench MP Kerryn Phelps and Labor MPs Anne Aly and Mike Freelander if that were to happen.

“It would behove the parliament if they vote to send Peter Dutton to the High Court, that those three MPs will also have to be sent to the High Court,” Mr Pyne told ABC Radio today.

Mr Bowen responded on Sky News: “What a pathetic attempt at smear by the dirt unit in the Liberal Party to try to link Dr Phelps or Dr Aly, who’s I understand a honorary professor."

“They can make threats about Dr Phelps or anybody they like, Mr Dutton is the one is constitutional questions to answer. Not anybody else.”

Richard Ferguson 7.45am: Pyne: No early election

The parliament will run the full term and that’s “what the crossbenchers want”, Defence Minister Christopher Pyne says.

The Defence Minister told ABC Radio he expects the next election to be in May next year, despite Labor and the crossbenchers now having an absolute majority in the House of Representatives.

Scott Morrison announced yesterday that the budget will be delivered on April 2, before the election.

Richard Ferguson 7.25am: Dutton ‘has case to answer’

Home Affairs Minister Peter Dutton “has a case to answer” on his eligibility to sit in parliament, crossbench MP Rebekha Sharkie says.

The Home Affairs Minister is at threat of being referred to the High Court after Julia Banks’s defection to the crossbench. Labor needs only six crossbenchers to refer Mr Dutton.

“I think it’s quite clear that Peter Dutton has a case to answer,” Ms Sharkie told ABC radio.

“I don’t think the government wants to be seen to be running a protection racket for Peter Dutton, which is what they’re sort of alluding to as far as I’m concerned.”

Ms Sharkie said she preferred for the government to refer Mr Dutton, but did not rule out supporting a vote in parliament to force the referral.

What’s making news:

• Scott Morrison’s pre-election legislative agenda is in disarray after Victorian MP Julia Banks quit the Liberal Party and defected to the crossbench, aiding Bill Shorten’s attempts to destabilise the minority government and target Home Affairs Minister Peter Dutton.

• Malcolm Turnbull’s hero of the 2016 election has become the political pariah of Scott Morrison’s government, but the details of exactly who bullied her during the fateful leadership coup that toppled the former prime minister remain unclear.

• Labor’s power in the House of Representatives has been significantly bolstered after Liberal MP Julia Banks defected to the crossbench, increasing the ­opposition’s chances of referring Home Affairs Minister Peter Dutton to the High Court.

• Julie Bishop has taken a not-so veiled swipe at her colleagues, telling an audience of blue-chip accountants that Australian voters are “crying out” for honest leadership.

• Scott Morrison will deliver the nation’s first surplus in a decade, in a fast-tracked April 2 federal budget ahead of a May election campaign underpinned by economic management.

• The CFMEU is leading a revolt inside Bill Shorten’s union support base, demanding a referendum on an indigenous voice to parliament in the first term of a future Labor government, and putting pressure on the Opposition Leader to junk his pledge for a $160 million republican plebiscite.

• The Catholic Church is leading the campaign against Bill Shorten’s push to introduce a private member’s bill removing protections for faith-based educators, warning its ability to “teach Catholic beliefs is threatened” by the Labor plan.

• Scott Morrison’s review into moving Australia’s Israeli embassy from Tel Aviv to Jerusalem has received mixed support across the nation, with Newspoll revealing 26 per cent of voters have no view on the major foreign policy shift.

• James Jeffrey’s sketch: Another blimp on Morrison’s ever-receding re-election horizon.

Dennis Shanahan writes the time has come to concede the reality of an apocalyptic vision for the future of the Liberal Party and the Coalition government.

Richard Ferguson
Richard FergusonNational Chief of Staff

Richard Ferguson is the National Chief of Staff for The Australian. Since joining the newspaper in 2016, he has been a property reporter, a Melbourne reporter, and regularly penned Cut and Paste and Strewth. Richard – winner of the 2018 News Award Young Journalist of the Year – has covered the 2016, 2019 and 2022 federal polls, the Covid-19 pandemic, and he was on the ground in London for Brexit and Boris Johnson's 2019 UK election victory.

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Original URL: https://www.theaustralian.com.au/nation/politics/scott-morrisons-agenda-in-disarray-amid-defection-of-julia-banks/news-story/cc9c3b7ea54dc6aa91a7927a4413998b