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Rodney Culleton asks Brandis for guarantee he can keep voting in Senate Rodney Culleton asks Brandis for guarantee he can keep voting in Senate
(35 minutes later)
One Nation senator Rodney Culleton has written to the attorney general, George Brandis, to ask for a commitment that if he votes in the Senate he will face no “further legal challenge” so he can vote on the government’s industrial relations bills. One Nation senator Rodney Culleton has asked the attorney general, George Brandis, for a written commitment that if he votes in the Senate he will face no “further legal challenge” so he can vote on the government’s industrial relations bills.
The move may signal an intention to backtrack on Culleton’s earlier suggestion he would not vote on contentious legislation, at least in respect of two bills, pending a challenge to his eligibility based on a previous conviction.The move may signal an intention to backtrack on Culleton’s earlier suggestion he would not vote on contentious legislation, at least in respect of two bills, pending a challenge to his eligibility based on a previous conviction.
On Wednesday Brandis announced the government would ask the Senate to refer Culleton’s eligibility to the high court. Culleton’s eligibility is being challenged by Bruce Bell, a former associate who claims that since Culleton had a larceny conviction at the July election he was incapable of being chosen.On Wednesday Brandis announced the government would ask the Senate to refer Culleton’s eligibility to the high court. Culleton’s eligibility is being challenged by Bruce Bell, a former associate who claims that since Culleton had a larceny conviction at the July election he was incapable of being chosen.
Brandis told ABC’s 7.30 program Culleton had confirmed in writing to him and the president of the Senate that he “doesn’t propose to exercise his vote on any contentious legislation” while his eligibility is in question.Brandis told ABC’s 7.30 program Culleton had confirmed in writing to him and the president of the Senate that he “doesn’t propose to exercise his vote on any contentious legislation” while his eligibility is in question.
Culleton also said in a statement he “may have to postpone any votes on bills in parliament – in good will – while the matter is being investigated”.Culleton also said in a statement he “may have to postpone any votes on bills in parliament – in good will – while the matter is being investigated”.
But on Thursday, a spokesman for Pauline Hanson told Guardian Australia that Senator Culleton had informed Hanson “he has asked for confirmation in writing from ... Brandis that if he continues his full role as a senator and votes on contentious legislation, he will not face further legal challenge”.But on Thursday, a spokesman for Pauline Hanson told Guardian Australia that Senator Culleton had informed Hanson “he has asked for confirmation in writing from ... Brandis that if he continues his full role as a senator and votes on contentious legislation, he will not face further legal challenge”.
The spokesman said Culleton wanted the confirmation in writing “to ensure his vote remains within the law, so he can vote on the Australian Building and Construction Commission and Registered Organisations Commission legislation without further legal ramifications”.The spokesman said Culleton wanted the confirmation in writing “to ensure his vote remains within the law, so he can vote on the Australian Building and Construction Commission and Registered Organisations Commission legislation without further legal ramifications”.
He said Culleton had not yet made his intentions clear on whether to vote for the bills.He said Culleton had not yet made his intentions clear on whether to vote for the bills.
Professors George Williams and Anne Twomey told Guardian Australia senators were entitled to sit and vote until the high court declared otherwise or a court finding triggered a vacancy.Professors George Williams and Anne Twomey told Guardian Australia senators were entitled to sit and vote until the high court declared otherwise or a court finding triggered a vacancy.
Williams said it may be possible to seek an injunction to prevent a senator sitting but “I’m not aware that any such injunction has been granted in the past”.Williams said it may be possible to seek an injunction to prevent a senator sitting but “I’m not aware that any such injunction has been granted in the past”.
Twomey said: “I don’t think a court would give an injunction stopping a person from sitting, as that would involve interfering with the parliament’s internal processes.”Twomey said: “I don’t think a court would give an injunction stopping a person from sitting, as that would involve interfering with the parliament’s internal processes.”
Culleton’s larceny conviction was annulled, although he later pleaded guilty and no conviction was recorded.Culleton’s larceny conviction was annulled, although he later pleaded guilty and no conviction was recorded.
Culleton was a critic of the ABCC bill, although others in One Nation are inclined to support it and a party spokesman has insisted they will vote as a bloc.Culleton was a critic of the ABCC bill, although others in One Nation are inclined to support it and a party spokesman has insisted they will vote as a bloc.
Guardian Australia has contacted Culleton and Brandis for comment.Guardian Australia has contacted Culleton and Brandis for comment.