Scott Morrison taking advice over Peter Dutton’s eligibility for parliament

Scott Morrison says he’s been in contact with the Attorney-General on whether Peter Dutton needs to be referred to the High Court.

Peter Dutton has faced queries over his eligibility to sit in parliament over family interests in childcare centres that have received government subsidies. Picture: AAP

Scott Morrison says he has been in contact with Attorney-General Christian Porter on whether Peter Dutton needs to be referred to the High Court for breaching section 44 of the constitution.

The Prime Minister said he was consulting with Mr Porter on the issue, but declared he would not have appointed him as Home Affairs Minister if the eligibility cloud could make Mr Dutton’s decisions in the portfolio invalid.

Mr Dutton is coming under continued pressure for an indirect stake in two childcare centres that receive government subsidies.

“That’s a matter I have been in close contact with the Attorney-General on and I’ve been taking his advice on those matters and the government will deal with those matters inside our own processes,” Mr Morrison said.

“We are dealing with those issues within our internal processes and I would not have appointed Mr Dutton to the important role he has without having considering those matters.”

Solicitor-General Stephen Donaghue last week advised the government that Mr Dutton was probably eligible to sit in parliament but it could not be known for certain the High Court would agree.

Shorten needles Dutton over au pair drama

Bill Shorten has used allegations that Mr Dutton intervened on an au pair’s visa troubles after his office was lobbied by AFL boss Gillon McLachlan to increase pressure on the government to establish a National Integrity Commission.

The Opposition Leader said the “leaks” against the Home Affairs Minister show the Liberal Party remain divided.

He denied the story — that Mr Dutton allegedly allowed French au pair and yoga teacher Alexandra Deuwel to stay in Australia after lobbying from Mr McLachlan’s office — was a Labor tip-off.

“Peter Dutton’s enemies in the Liberal Party haven’t forgiven his undermining of Mr Turnbull and the leaks are just continuing apace aren’t they,” Mr Shorten said.

“We didn’t know about this, I didn’t know anything about it. I am reading about the AFL guy and ringing up and sorting out. Peter Dutton and his own group are the people that know about this so it just shows the disunity rolls on and they have learn nothing from last week.”

He said the case showed the importance of Labor’s proposal for a national anti-corruption body.

“People don’t like conflicts of interest in the exercise of undue influence and I think the best way that parliament can improve its reputation and standing in the eyes of our fellow Australians is have a national anti-corruption commission,” Mr Shorten said.

“That way, when you have issues where people say X has done the wrong thing or Y has done the wrong thing, why don’t we have a national anti-corruption commission so these matters can be fixed.”

Mr Dutton yesterday denied he made the decision to overrule Ms Deuwel’s deportation because of Mr McLachlan, saying he decided all cases on their merits.

Ms Deuwel reportedly worked for Mr McLachlan’s second cousin, Callum MacLachlan, on a previous stay in Australia.

She was detained in 2015 due to concerns she intended to work in Australia.

Mr Dutton faces a Senate inquiry over previous decisions to intervene in two visa cases involving au pairs.

He said yesterday he was exercising the powers given to all immigration ministers.

“There are longstanding intervention powers provided to ministers to consider and deal with these representations,” he said. “These powers were the same under the former Labor government.”