Labor hopes of Dutton High Court referral fading

Independent MP Cathy McGowan says she has not “even thought about” whether to support any referral motion for Peter Dutton.

Independent MP Cathy McGowan says she has not “even thought about” whether to support any referral motion for Peter Dutton. Picture: AAP

Labor’s chances of sending Home Affairs Minister Peter Dutton to the High Court by year’s end appear to be fading after key independent MP Cathy McGowan declared she had not “even thought about” whether to support any referral motion.

Opposition legal affairs spokesman Mark Dreyfus also urged independent MP Andrew Wilkie to look at members under an eligibility cloud on a case-by-case basis, following confirmation that he would not support a hostile referral of Mr Dutton.

Instead, Mr Wilkie wants a group referral and has singled out Mr Dutton, who will miss the final sitting week of the year after suffering a bad arm injury, Liberal MP Chris Crewther, Labor MP Tony Zappia and Nationals MP David Gillespie.

“I’d invite Mr Wilkie to look individually at each case,”
Mr Dreyfus told ABC Radio. “It’s quite shameful that the government is willing to go on, knowing that there’s a massive doubt over Mr Dutton’s eligibility and knowing that very many decisions, including decisions to deport criminals from Australia, are under challenge because of that doubt over his eligibility to even sit in the parliament.’’

Ms McGowan said she had a “quick briefing” on the Dutton referral yesterday and left open the possibility of supporting the government if it attempted to amend any motion to also refer Mr Zappia and fellow Labor MPs Michael Freelander and Anne Aly. “When push comes to shove, my initial reaction is to get any confusion out of the way, not to bring politics into it and get it to the High Court. But on these particular issues I’ll wait and see what the motions are that come up,” she said.

Asked whether any MPs, including Mr Dutton, should be referred, Ms McGowan said: “I haven’t even thought about it.”

Mr Dreyfus was not dissuaded from pursuing Mr Dutton, who is facing questions over an arrangement between his family trust and the commonwealth, despite him being absent. “I’m sorry to hear Mr Dutton is still unwell. I hope he gets better quickly, but the doubts over his eligibility to sit in parliament and therefore the doubt over very many ministerial decisions he has made remain,” he said.

The government commands 73 votes on the floor of the house and needs the support of at least two crossbenchers to block a referral motion, which it appears to have.