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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/aug/14/barnaby-joyces-future-is-under-a-cloud-constitution-experts-say
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| Barnaby Joyce's future is under a cloud, constitution experts say | |
| (7 days later) | |
| Constitutional law experts say Barnaby Joyce’s future is under a cloud, despite Malcolm Turnbull declaring on Monday that the high court would find the deputy prime minister was eligible to sit in parliament. | Constitutional law experts say Barnaby Joyce’s future is under a cloud, despite Malcolm Turnbull declaring on Monday that the high court would find the deputy prime minister was eligible to sit in parliament. |
| Under heavy political fire from Labor in question time after the New Zealand government confirmed Joyce was a dual citizen, the prime minister insisted the government had no doubt the high court would tick the deputy prime minister’s eligibility to be an MP. | Under heavy political fire from Labor in question time after the New Zealand government confirmed Joyce was a dual citizen, the prime minister insisted the government had no doubt the high court would tick the deputy prime minister’s eligibility to be an MP. |
| Turnbull said Joyce was eligible to sit in the House of Representatives, “and the high court will so hold”. | Turnbull said Joyce was eligible to sit in the House of Representatives, “and the high court will so hold”. |
| But two leading law experts, George Williams from the University of New South Wales, and Anne Twomey from the University of Sydney, cautioned the prime minister against such unqualified confidence. | But two leading law experts, George Williams from the University of New South Wales, and Anne Twomey from the University of Sydney, cautioned the prime minister against such unqualified confidence. |
| “On the face of it, [Joyce] is disqualified,” Williams told Guardian Australia on Monday. | “On the face of it, [Joyce] is disqualified,” Williams told Guardian Australia on Monday. |
| Williams said Joyce was “in clear difficulty” unless the high court resolved upon a more “generous interpretation” of the current constitutional requirements which forbid dual citizenships. | Williams said Joyce was “in clear difficulty” unless the high court resolved upon a more “generous interpretation” of the current constitutional requirements which forbid dual citizenships. |
| Twomey said the government had reasonable arguments to present to the court, but “to be utterly confident is somewhat optimistic”. | Twomey said the government had reasonable arguments to present to the court, but “to be utterly confident is somewhat optimistic”. |
| She added the government also needed to be careful in its public statements about what the court might do. “You have to be a little bit careful not to prejudge the issue.” | She added the government also needed to be careful in its public statements about what the court might do. “You have to be a little bit careful not to prejudge the issue.” |
| The government was thrown into turmoil early on Monday morning when the deputy prime minister, through a brief, untelegraphed, personal statement to the House of Representatives, confirmed that he would refer himself to the high court for deliberation after the New Zealand high commission advised him he could be a citizen of the country via descent. | The government was thrown into turmoil early on Monday morning when the deputy prime minister, through a brief, untelegraphed, personal statement to the House of Representatives, confirmed that he would refer himself to the high court for deliberation after the New Zealand high commission advised him he could be a citizen of the country via descent. |
| Joyce had faced questions from journalists about whether he was a dual citizen of New Zealand for some weeks because his father was born there but had shrugged the interrogation off. | Joyce had faced questions from journalists about whether he was a dual citizen of New Zealand for some weeks because his father was born there but had shrugged the interrogation off. |
| The deputy prime minister is the fifth federal parliamentarian to have his case go to the high court because of a potential breach of the constitutional requirements for eligibility. | The deputy prime minister is the fifth federal parliamentarian to have his case go to the high court because of a potential breach of the constitutional requirements for eligibility. |
| While Joyce’s Nationals colleague, Matt Canavan, elected to stand aside from the cabinet while the matter of his Italian dual citizenship was heard by the high court, Joyce said on Monday he intended to fulfil his normal duties as deputy prime minister, because the government’s legal advice indicated he would not be disqualified by the court. | While Joyce’s Nationals colleague, Matt Canavan, elected to stand aside from the cabinet while the matter of his Italian dual citizenship was heard by the high court, Joyce said on Monday he intended to fulfil his normal duties as deputy prime minister, because the government’s legal advice indicated he would not be disqualified by the court. |
| Labor seized on the development on Monday, using question time to query the government’s legitimacy given it was relying on the vote of an MP who the high court could subsequently determine was ineligible to sit in the parliament. | Labor seized on the development on Monday, using question time to query the government’s legitimacy given it was relying on the vote of an MP who the high court could subsequently determine was ineligible to sit in the parliament. |
| The manager of opposition business, Tony Burke, told parliament the events of the day meant the government “may or may not have a majority, and yet it thinks it can govern anyway and the Australian people won’t notice”. | The manager of opposition business, Tony Burke, told parliament the events of the day meant the government “may or may not have a majority, and yet it thinks it can govern anyway and the Australian people won’t notice”. |
| “The Australian people are not going to miss today,” Burke said. “Today was the day that the parliament resolved it didn’t know whether or not this government had a majority and the prime minister was determined to cling to [office] whether it was legal to do so or not. | “The Australian people are not going to miss today,” Burke said. “Today was the day that the parliament resolved it didn’t know whether or not this government had a majority and the prime minister was determined to cling to [office] whether it was legal to do so or not. |
| “People will look at this parliament and see a level of chaos that has been unseen for generations.” | “People will look at this parliament and see a level of chaos that has been unseen for generations.” |
| But the government insisted the legal advice from the solicitor general backed Joyce, and the prime minister told parliament the deputy prime minister was being referred for deliberation in order to give the court “the opportunity to clarify the operation of the law”. | But the government insisted the legal advice from the solicitor general backed Joyce, and the prime minister told parliament the deputy prime minister was being referred for deliberation in order to give the court “the opportunity to clarify the operation of the law”. |
| After Joyce’s statement to parliament, Turnbull wrote to the Labor leader, Bill Shorten, inquiring whether or not he wanted to refer any cases of Labor MPs to the high court on the basis it would be desirable that all cases were heard at the same time. | After Joyce’s statement to parliament, Turnbull wrote to the Labor leader, Bill Shorten, inquiring whether or not he wanted to refer any cases of Labor MPs to the high court on the basis it would be desirable that all cases were heard at the same time. |
| Shorten told Turnbull said he “politely” declined the offer, and said the ALP ran strict processes ensuring that all candidates were eligible to stand “prior to their nomination for election”. | Shorten told Turnbull said he “politely” declined the offer, and said the ALP ran strict processes ensuring that all candidates were eligible to stand “prior to their nomination for election”. |
| If Joyce is found by the court to be ineligible to sit in the parliament, it would trigger a byelection in his seat of New England. | If Joyce is found by the court to be ineligible to sit in the parliament, it would trigger a byelection in his seat of New England. |
| The Turnbull government now commands a majority of one seat in the House of Representatives. At the conclusion of the last federal election, the government entered agreements for confidence and supply with some of the lower house cross benchers as a precautionary measure. | The Turnbull government now commands a majority of one seat in the House of Representatives. At the conclusion of the last federal election, the government entered agreements for confidence and supply with some of the lower house cross benchers as a precautionary measure. |
| The former independent MP Tony Windsor, who ran against Joyce at the last federal election in his seat of New England, told Guardian Australia on Monday it was too soon to say whether the question mark over the deputy prime minister’s eligibility presented opportunity for a political comeback. “But I wouldn’t rule anything out,” Windsor said. | The former independent MP Tony Windsor, who ran against Joyce at the last federal election in his seat of New England, told Guardian Australia on Monday it was too soon to say whether the question mark over the deputy prime minister’s eligibility presented opportunity for a political comeback. “But I wouldn’t rule anything out,” Windsor said. |
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