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New Zealand government confirms Barnaby Joyce is a dual citizen – politics live New Zealand government confirms Barnaby Joyce is a dual citizen – politics live
(35 minutes later)
5.42am BST
05:42
Shorten to Turnbull: Moments ago, the Prime Minister of New Zealand, Mr Bill English, has confirmed, unwittingly or not, theDeputy Prime Minister of Australia is a New Zealand citizen. So I ask again - how can the Prime Minister possibly defend keeping him in his cabinet and letting him vote in the House?
Turnbull refers him to his earlier answers. Nothing to see here.
Labor MPs are making sheep noises sotto voce.
5.39am BST
05:39
Barnaby Joyce is looking very rattled today.
5.36am BST
05:36
Barnaby Joyce gets to talk about agricultural production as part of the Dixer question.
5.36am BST
05:36
As Barnaby Joyce stands to continue with his question, Tony Burke makes another point of order regarding the time limits on questions.
Basically the moot point is whether the clock should stop or keep running when procedural motions are moved. Labor says the clock should have kept going.
Speaker Smith warns it cuts both ways.
Be careful what you wish for.
5.31am BST
05:31
Labor loses its attempt to gag Barnaby Joyce 66 to 75.
5.28am BST
05:28
Barnaby sitting next to Immigration Minister during division, just to be safe #qt
5.25am BST
05:25
While the lower house is voting, here is the Shorten reply to Turnbull’s letter, inviting him to nominate any Labor MPs.
Dear Mal,
Thanks but no thanks. We are all G.
Love Bill.
Bill Shorten has replied to the Prime Ministers' letter, agreeing it should be resolved quickly, but declining to refer any Labor MPs to HC. pic.twitter.com/Ha28zA9eRU
5.20am BST
05:20
Labor is gagging Barnaby Joyce: a vote is required. This is feeling a lot like the 43rd parliament.
5.19am BST
05:19
Barnaby Joyce gets a government question.
Before he takes it, Tony Burke takes a point of order with Speaker Smith.
The House has unanimously resolved to refer the high court case due to lack of knowledge on Joyce’s eligibility, therefore Burke says he should not take the question.
Speaker Smith says if the high court rules Joyce is ineligible, that is when the seat of New England is vacant. Not when Burke asks the question.
Updated
at 5.21am BST
5.16am BST
05:16
Tony Burke to Turnbull: Can the prime minister confirm the government has relied on its one-vote majority to block a royal commission into the banks and block amendments to legislation that would have allowed for 700,000 Australians to have their penalty rates cut? There is now doubt over the deputy prime minister is able to sit as a member of parliament and exercise a vote in in House. Will the prime minister rule out accepting the deputy prime minister’s vote in this House while his constitutional qualifications are in debt?
Turnbull again says the government is very confident of advice that Barnaby is all G.
We did not refer this matter to the court because of any doubt about the member for New England’s position. But, because of the need, plainly, in the public interest, to give the court the opportunity to clarify the operation of this section so important to the operation of our parliament.
Which does not make entire sense, given the high court was already going to review section 44 with senators Waters, Ludlam, Roberts and Canavan. Why include Barnaby is he is in the clear?
Updated
at 5.22am BST
5.13am BST
05:13
The Diputy Prime Minister Barnaby Joyce arrives for #QT @gabriellechan @GuardianAus #politicslive pic.twitter.com/igdVn8Q8Fv
5.12am BST
05:12
Shorten to Turnbull: Just before question time, the New Zealand internal affairs minister, Peter Dunne, confirmed that the deputy prime minister is a citizen of New Zealand. Now that the deputy prime minister has been confirmed as a citizen of New Zealand, how can the prime minister keep him in the cabinet and allow him to continue in this House?
Turnbull predicts that the high court will back up the government’s advice that
the leader of the National party, the deputy prime minister, is qualified to sit in this House and the high court will so hold!
Over. Reach. #separationofpowers
Updated
at 5.25am BST
5.08am BST5.08am BST
05:0805:08
The first government question is on corporate tax cuts and small business. Turnbull turns it into how Bill Shorten is the most left wing Labor leader in the history of the universe. Or thereabouts. The first government question is on corporate tax cuts and small business. Turnbull turns it into how Bill Shorten is the most leftwing Labor leader in the history of the universe. Or thereabouts.
Updated
at 5.10am BST
5.05am BST5.05am BST
05:0505:05
Turnbull on Barnaby's eligibility: very confidentTurnbull on Barnaby's eligibility: very confident
Shorten to Turnbull for question time: Today the Government has asked the High Court to determine whether the deputy prime minister is constitutionally validly a member of parliament. Can the prime minister confirm the Turnbull Government is the first government in Australian history to ask the High Court whether in fact it has a majority? Shorten to Turnbull for question time: Today the government has asked the high court to determine whether the deputy prime minister is constitutionally validly a member of parliament. Can the prime minister confirm the Turnbull government is the first government in Australian history to ask the high court whether in fact it has a majority?
Turnbull comes armed with solicitor general’s advice.Turnbull comes armed with solicitor general’s advice.
The High Court has made it very clear that the operation of Section 44 (1) is not without limits and that it must be read in light of its purpose and intent, which is to prevent conflicts of loyalty arising among people who are members and senators. The high court has made it very clear that the operation of section 44 (1) is not without limits and that it must be read in light of its purpose and intent, which is to prevent conflicts of loyalty arising among people who are members and senators.
Now, if an Australian citizen, who became a incident of this country by reason of being born here, was to be ineligible to stand for Parliament because the law of a foreign country imposed foreign citizenship on them without their knowledge, due to their descent from a parent, grandparent, great-grandparent, then, plainly, millions of Australians could be disqualified from standing for parliament. Now, if an Australian citizen, who became a incident of this country by reason of being born here, was to be ineligible to stand for parliament because the law of a foreign country imposed foreign citizenship on them without their knowledge, due to their descent from a parent, grandparent, great-grandparent, then, plainly, millions of Australians could be disqualified from standing for parliament.
Based on advice from the Solicitor-General, the government is the very confident the court will not find that the member for New England is to be disqualified from the Parliament. Very confident. As I noted in my letter to the Leader of the Opposition today, because we want to give the court the opportunity to clarify the operation of the law in this vitally important area, which goes, obviously, to the heart of our democracy. Based on advice from the solicitor general, the government is the very confident the court will not find that the member for New England is to be disqualified from the parliament. Very confident. As I noted in my letter to the leader of the opposition today, because we want to give the court the opportunity to clarify the operation of the law in this vitally important area, which goes, obviously, to the heart of our democracy.
Updated
at 5.11am BST
5.01am BST5.01am BST
05:0105:01
NZ Internal Affairs Minister tells me the Crown Law office has confirmed Barnaby Joyce is definitely an NZ citizen @SkyNewsAustNZ Internal Affairs Minister tells me the Crown Law office has confirmed Barnaby Joyce is definitely an NZ citizen @SkyNewsAust
5.00am BST5.00am BST
05:0005:00
UpdatedUpdated
at 5.05am BSTat 5.05am BST
4.50am BST4.50am BST
04:5004:50
Internal Affairs has confirmed Australian Deputy PM Barnaby Joyce is in fact a NZ citizen.Internal Affairs has confirmed Australian Deputy PM Barnaby Joyce is in fact a NZ citizen.
4.49am BST
04:49
The Greens senator Peter Whish-Wilson will support the effects test because they support farmers and small business. He says they have campaigned for an effects test in the past.
He says the problem with Section 46 – which will be changed – is that if small business wants to challenge big business practices they have to prove intent to squash competition. Very difficult, Whish-Wilson says.
Updated
at 5.04am BST
4.40am BST
04:40
I have been keeping a sheep’s eye on the GoFundMe page for the high court challenge to the postal survey.
It was started six days ago and has already raised more than $78,000.
Updated
at 4.45am BST
4.37am BST
04:37
The Senate is now debating the competition and consumer amendment (misuse of market power) bill – otherwise known as the effects test. The test stops big business from abusing their market power over small business.
The changes were advocated in a review of competition policy by the economist Ian Harper and were backed by the Australian Competition and Consumer Commission (ACCC). Under the Abbott government, the cabinet was split over the issue (Turnbull was known to be opposed) and the effects test was delayed indefinitely.
But Turnbull announced the change last year. The Nationals support the change and some of the Liberals. The Business Council have opposed the changes but the small business lobby has welcomed them.
The Greens will also support the bill.
Senator Cory Bernardi, generally a free marketeer, says he supports the bill with some reservations. He said it is the plight of very small businesses that worries him.
Sometime it means trading off the short-term immediate benefits of a lower price tag, Bernardi said.
The Nats senator John Williams said the effects test is needed because big business has a capacity to squash small business. That’s why the law has to change.
David and Goliath. That’s how it is. And it’s not often that David wins, says Williams.
Updated
at 4.45am BST
4.23am BST
04:23
kia ora barnaby
4.21am BST
04:21
One of those days.
Updated
at 4.44am BST
4.12am BST
04:12
Lunchtime politics
Deputy prime minister Barnaby Joyce is facing calls for him to step down pending a high court hearing of his eligibility to sit in parliament owing to questions over his citizenship. His father was born in New Zealand and Joyce said he wants to clear up the issue so has referred himself to the high court – though his office has previously suggested that he cleared it up before entering parliament. The government will continue to take his vote in the lower house, where Malcolm Turnbull has a majority of one.
There will be barcodes on the postal survey forms for marriage equality, even though previously the Australian Bureau of Statistics ruled out personal identifiers.
The Parliamentary Budget Office has denied modelling quoted by various News Corp papers detailing a $167bn Labor tax grab was produced by the independent office.
Kevin Rudd has said Malcolm Turnbull was irresponsible in giving the US a blank cheque on the Anzus treaty regarding any future conflict on North Korea.
Updated
at 4.20am BST
3.43am BST
03:43
So one National Senator Matt Canavan resigns from Cabinet, says he won’t vote until High Court but Dep. PM. Joyce stays and will vote. Duh?
3.41am BST
03:41
Red herrings.
Barnaby Joyce told Sky two weeks ago he would leave it up to others to clarify whether or not he was a New Zealand citizen. pic.twitter.com/8OJY2rUfpW
3.37am BST
03:37
Labor argues Turnbull government should not accept Joyce's vote
Labor’s Tony Burke is speaking on the reference to the court of disputed returns. It has to be referred on a resolution of the lower house.
Burke questions whether the government should be allowed to rely on Barnaby Joyce’s vote, given that it doesn’t know if he is an eligible member of parliament.
Remember the Turnbull government has only a one-seat majority.
He says the parliament has never seen such chaos, not in this parliament or the old parliament or the exhibition centre.
We have never had to go to the high court and say we’re not really sure there is a majority government in this country.
Updated
at 3.43am BST
3.22am BST
03:22
Labor’s Andrew Leigh is the gingerbread man.
We thought the Parliament House press gallery might need a little something to keep up with the news today. Hopefully these #marriageequality cookies hit the spot! #loveislove #auspol
A post shared by Andrew Leigh (@andrewleighmp) on Aug 13, 2017 at 7:05pm PDT