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New Zealand government confirms Barnaby Joyce is a dual citizen – politics live Labor targets Barnaby Joyce over citizenship – question time live
(35 minutes later)
6.17am BST
06:17
Christopher Pyne names Labor MPs with potential citizenship issues
Christopher Pyne starts naming Labor MPs with “much worse cases”.
He names:
Braddon MP Justin Keay
Longman MP Susan Lamb
Makin MP Tony Zappia
Calwell MP Maria Vamvakinou.
If the government decided to refer those members to the High Court to seek clarity about their status, would we insist they not be allowed to vote in the House of Representatives until justice had been able to take its course? Of course we wouldn’t. Of course we wouldn’t. We’d expect their status to be resolved by the High Court and, once resolved, they would be able to continue to do exactly what they’d done before unless, they were found to be disqualified. And there are many more, Mr Speaker. There are many more. If Labor wants to open this Pandora’s box, that is a matter for them.
6.12am BST
06:12
Christopher Pyne: We are behaving ethically in every respect
Christopher Pyne, leader of government business, answers the suspension motion. He goes through a history of Labor minority government – including the move to install the former Liberal MP Peter Slipper into the Speaker’s chair.
So for the Labor party to lecture us when we are behaving ethically in every respect on every part of this journey, we have done the right thing ... The Labor Pparty thinks they can come in here, lecture the government about the right course of action to ensure that in public interest people have absolute confidence in how the constitution works. Because this government is the adult in the room.
Pyne says on Burke’s logic, the government could use its numbers to refer a Labor MP to the high court and that person would have to stand aside, losing the vote.
Updated
at 6.16am BST
6.04am BST
06:04
Updated
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6.02am BST
06:02
Barnaby’s shadow, Joel Fitzgibbon, speaks second.
Not without cause I have often said the deputy prime minister is all hat and no cowboy. Now we question whether he is fit to wear the hat.
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6.01am BST
06:01
Labor’s Tony Burke continues:
There are Australians all around the country, in the automotive industry, in shopping complexes, saying if only he fought [for] their jobs as tough as he is fighting for his own. If only he would care and put as much commitment into fighting for Australians as he does for his own job.
We have a situation where we have a prime minister who said with respect to the Green party, “those two senators knew exactly what the rules are”.
Apparently the deputy prime minister of Australia hadn’t heard of this constitution document. Then he said, “Why they wouldn’t have turned their minds to it and dealt with it is beyond me.”
Burke says it is the first time the lower house has referred an MP because it did not know whether the MP was eligible.
This is not business as usual.
He says we don’t know if Joyce is eligible.
He says we don’t know if the government has a majority.
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5.57am BST
05:57
Tony Burke says Labor is confident that its MPs have been well checked, in a party process that goes back to grandparents.
He says it was extraordinary that Malcolm Turnbull used his prime minister’s office to say the high court would not find Barnaby Joyce was ineligible.
According to what the deputy prime minister has said today, every single fact is based on something he has known for his life. All these decisions are based on facts the deputy prime minister has known all his life. And yet, the protection racket continues.
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5.55am BST
05:55
This is the Labor motion by Tony Burke:
Notes:
a) Today, this House unanimously asked the High Court to determine whether the Deputy Prime Minister is constitutionally qualified to be a Member of Parliament;
b) The New Zealand Government has since confirmed that the Deputy Prime Minister is a New Zealand citizen despite the Prime Minister’s assurances on this matter;
c) The Government has relied on the vote of the Deputy Prime Minister to block a Royal Commission into the banks and to block amendments to legislation which would have stopped nearly 700,000 Australians from having their penalty rates cut; and
d) The former Minister for Resources and Northern Australia resigned from Cabinet because there were doubts over his constitutional qualifications; and
2. Therefore, calls on the Prime Minister to:
a) Release any legal advice it has received about the constitutional qualifications of the Deputy Prime Minister;
b) Rule out accepting the vote of the Deputy Prime Minister while his constitutional qualifications are in doubt; and
c) Direct the Deputy Prime Minister to immediately resign from Cabinet.
5.53am BST
05:53
Labor moves a suspension on Barnaby Joyce citizenship
Tony Burke to Turnbull: Can the prime minister confirm that is he governs in this house with a majority of one, that he is allowing the deputy prime minister to remain in office based on secret advice even though the house has referred the question of his qualifications to the member of the high court? Prime minister, how can the Australian people have conversation in the legitimacy of this government if it is based on a secret agreement and clinging to office on secret advice?
Christopher Pyne says it is a sneer and smear.
Then Tony Burke moves a suspension of standing orders to debate the Joyce situation.
Updated
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5.49am BST
05:49
"Unwittingly or not he is a New Zealand citizen" - Bill English on Barnaby Joyce @SkyNewsAust
5.46am BST
05:46
Joel Fitzgibbon to Turnbull: What is the difference between the legal advice received with respect to Senator Canavan and the legal advice received with respect of the deputy prime minister? How is it that Senator Canavan has had to step aside and the deputy prime minister is still here, and will he table the advice?
Speaker Smith warns about requests for legal advice. (The hard part here is that Turnbull has referenced legal advice in his defence of Joyce’s position in the house.)
Turnbull refers Fitzgibbon to earlier answers.
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5.42am BST5.42am BST
05:4205:42
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? Shorten to Turnbull: Moments ago, the prime minister of New Zealand, Mr Bill English, has confirmed, unwittingly or not, the deputy 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.Turnbull refers him to his earlier answers. Nothing to see here.
Labor MPs are making sheep noises sotto voce.Labor MPs are making sheep noises sotto voce.
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5.39am BST5.39am BST
05:3905:39
Barnaby Joyce is looking very rattled today.Barnaby Joyce is looking very rattled today.
5.36am BST5.36am BST
05:3605:36
Barnaby Joyce gets to talk about agricultural production as part of the Dixer question.Barnaby Joyce gets to talk about agricultural production as part of the Dixer question.
5.36am BST5.36am BST
05:3605:36
As Barnaby Joyce stands to continue with his question, Tony Burke makes another point of order regarding the time limits on questions.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.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.Speaker Smith warns it cuts both ways.
Be careful what you wish for.Be careful what you wish for.
5.31am BST5.31am BST
05:3105:31
Labor loses its attempt to gag Barnaby Joyce 66 to 75.Labor loses its attempt to gag Barnaby Joyce 66 to 75.
5.28am BST5.28am BST
05:2805:28
Barnaby sitting next to Immigration Minister during division, just to be safe #qtBarnaby sitting next to Immigration Minister during division, just to be safe #qt
5.25am BST5.25am BST
05:2505:25
While the lower house is voting, here is the Shorten reply to Turnbull’s letter, inviting him to nominate any Labor MPs.While the lower house is voting, here is the Shorten reply to Turnbull’s letter, inviting him to nominate any Labor MPs.
Dear Mal,Dear Mal,
Thanks but no thanks. We are all G.Thanks but no thanks. We are all G.
Love Bill.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/Ha28zA9eRUBill 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
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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
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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
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5.08am BST
05:08
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
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5.05am BST
05:05
Turnbull 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?
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.
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.
Updated
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5.01am BST
05:01
NZ Internal Affairs Minister tells me the Crown Law office has confirmed Barnaby Joyce is definitely an NZ citizen @SkyNewsAust
5.00am BST
05:00
Updated
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4.50am BST
04:50
Internal Affairs has confirmed Australian Deputy PM Barnaby Joyce is in fact a NZ citizen.