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Barnaby Joyce and four senators ruled ineligible for parliament – politics live Barnaby Joyce and four senators ruled ineligible for parliament – politics live
(35 minutes later)
6.07am BST
06:07
We are told that if the prime minister does still go on his trip to Israel it will likely be delayed.
6.07am BST
06:07
The prime minister is headed to Government House to swear in his new ministry.
Those changes again:
Matt Canavan will be back in the cabinet, with his previous ministries, resources and northern Australia.
Malcolm Turnbull will take on agriculture and water resources.
Mitch Fifield will have general communications and infrastructure.
Darren Chester will be act minister for regional development, territories and local government.
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6.02am BST
06:02
Anna Henderson from the ABC has spoken to Tony Windsor. She has tweeted this:
Mr Windsor says he is not going to put his wife through another election campaign
5.59am BST
05:59
Joshua Robertson
Andrew Bartlett – the former deputy Democrats leader who looks likely to return to the Senate after a nine-year absence, this time as a Queensland Greens senator replacing Larissa Waters – says it’s “good to have some clarity finally”.
“It’s been a long wait for everybody and a long time where hundreds of thousands of people who voted or Greens representation in Queensland haven’t had any,” he tells the Guardian.
“I’m obviously happy that it’s looking likely that it will be me. It’s one step along the path.”
Bartlett planned last year to be based in far-north Queensland if he were elected alongside Waters but says this no longer looks “tenable”.
“With half the term gone and all the expense of setting up a new office rather than just moving straight into the one Larissa was in [in Paddington, inner Brisbane], I think that would possibly not go down well,” he says.
(The local paper the Courier-Mail gave Waters some stick in 2014 over a fitout of the office that cost $414,000, which was approved by the finance department.)
But Bartlett says he is keen to “hit the ground running at full bore [and] to get around a lot of the state as quickly as I can, to be connecting with the people of Queensland, including regional Queensland”.
Another issue on Bartlett’s mind is the possibility of a state election being called within days.
“If that happens there’s an immediate issue of the Greens having a real opportunity to win seats i the state parliament,” he says.
“We want to make the most of those. Having work in the federal parliament reinforcing the impact we can make on every issue you can think of, just by virtue of having representation, just to show the difference of having someone back in there.”
Bartlett says if there are challenges to his eligibility on the basis of his employment by the Australian National University – which some may allege represents a forbidden “office of profit under the crown” for a federal candidate – he understands they would be done through a motion in parliament.
“I can’t control what others do but given there’s been three months without duly elected Greens representation, the main thing for me frankly is to have somebody in there and getting on with it,” he says.
The next person on the Greens 2016 Queensland senate ticket was Ben Pennings, who had since resigned from the Greens to work with the anti-Adani activist group, the Galilee Blockade.
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5.58am BST
05:58
Mike Bowers has been running from press conference to press conference for you – and here’s why. A picture really does speak a thousand words. The empirical evidence, has struck back.
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5.53am BST
05:53
On questions of whether or not Labor will offer the government a pair for Barnaby Joyce now he is not eligible to sit in parliament, here is what Labor’s Anthony Albanese had to say:
How can you pair him? He wasn’t elected properly in 2016. How can you pair him? He should never have been there. He wasn’t properly elected and therefore it is impossible for him to be paired. It’s not like a decision’s got to be made - he’s not there. There is no member for New England; that’s what the high court has found.
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5.49am BST
05:49
Malcolm Turnbull took one question on whether or not he was worried about a vote of no confidence from Labor, to which he said:
I have already stated to you, as you know, we have the support of a majority of members, we have a majority in the house of representatives and we enjoy the support of the crossbench. Thanks very much, I must get Senator Canavan sworn in.”
And then he left. We don’t know if he is still leaving for his Israel trip, we don’t know who will be the acting prime minister will be (for sure) if he goes (Julie Bishop is the most likely choice) and we don’t know if he wants Fiona Nash back.
Updated
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5.47am BST
05:47
#BREAKING Former Independent Member for New England @TonyHWindsor says he will NOT run in the New England byelection pic.twitter.com/TXcAoQTO1d
5.46am BST
05:46
Matt Canavan returns to the cabinet
Malcolm Turnbull:
Throughout the uncertainty of the past few months we’ve been determined that the court’s deliberations and in pending hearings would not distract us from the important business of government, so we’ve got on with the job delivering important outcomes for the Australian people, including a conference of energy plan that will bring down power bills and ensure families and businesses can keep the lights on.
While the Labor party, as we know, is promising price hikes as far as the eye can see. We’re getting more Australians into work. Not for the first time I must remind you that jobs and growth s not just a slogan but an outcome, 371,000 jobs created in the last year alone thanks to our strong economic management. And we’ve continued to keep Australians safe by ensuring that our law-enforcement agencies have the resources and the support they need.
Now, we are moving immediately today to return Matt Canavan to the ministry by restoring him to the role of minister for resources and also for Northern Australia. I will be sworn in as Minister for Agriculture and Water resources, a portfolio not entirely unfamiliar to me as the older ones among you may remember and one thatI will hold until the people of New England have had their say.
In terms of Senator Nash’s portfolios communications minister Senator Mitch Fifield will act as minister for a general communications and infrastructure and transport minister Darren Chester will act as minister for regional development, territories and local government.
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5.43am BST
05:43
New England by-election confirmed for 2 December
Malcolm Turnbull:
Now, in the past few months it’s been very stressful for Barnaby, Fiona and Matt. Their families and their staff. But throughout, their commitment to the parliament and government has been undiminished.
The people of New England will have their say on the 2 December and the speaker has advised he will issue the writ today. Barnaby Joyce is the best person, as we’ve seen already on the television, complete with his hat, the best person to continue to deliver for New England and four Australians living in regional, and rural areas.
He has a passion for representation and while I know Barnaby will be disappointed with the outcome of the court case, it’s as though he’s been let out of the stalls and he’s ready and raring to go. His enthusiasm is absolutely infectious.
Now, Fiona as a senator of course will not be able to contest a byelection. I thank her for her great service to the government and to the parliament. She has been an outstanding minister, passionately devoted to regional Australia and its advancement. She’s a staunch friend, a very, very good colleague. A really good friend devoted to the National party but above all to the Coalition. And as Barnaby acknowledged just a few minutes ago, her stoicism, her calm, her collected approach to the challenges that she’s been facing while obviously carrying out her ministerial office, all the time under great pressure, has been remarkable.
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5.41am BST
05:41
Malcolm Turnbull says "this is clearly not the result we were hoping for"
The prime minister doesn’t waste any time. He launches straight into it:
The decision of the court today is clearly not the outcome we were hoping for but the business of government goes on. We have a majority of members in the House of Representatives, even in the absence of Barnaby Joyce and, of course, as you know, we have support from the crossbench.
We welcome the court confirming Matt Canavan’s eligibility to sit in the Senate, but are obviously disappointed that the court has found against Barnaby Joyce and the Fiona Nash. We thank the court for its very timely consideration of this enormously complex matter and its clarification of the meaning and the operation of section 44 of the constitution as it relates to citizenship.
Along with the solicitor general, Stephen Donoghue QC, whose advice has been invaluable through this process, we’ll closely evaluate the full implications of the court’s decision, which will now be carefully considered by Australians and, of course, in particular by the parliament.
The government will refer the decision to the joint standing the electoral matters so it’s able to consider, among other things, whether any changes 44 should be recommended,how the electoral laws and practices could be changed so as to minimise the risk of candidates being in breach of section 44, and ensuring our multicultural society that all Australians are able confidently to stand for and serve in our parliament.
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05:38
Malcolm Roberts in one of his last appearances as a senator in the Australian parliament.
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5.33am BST5.33am BST
05:3305:33
With Nick Xenophon being ruled eligible for election, but resigning from the senate to stand in the SA state election, that leaves a casual vacancy for the Nick Xenophon Team ... which means they can fill it with whomever they want.With Nick Xenophon being ruled eligible for election, but resigning from the senate to stand in the SA state election, that leaves a casual vacancy for the Nick Xenophon Team ... which means they can fill it with whomever they want.
UpdatedUpdated
at 5.34am BSTat 5.34am BST
5.27am BST5.27am BST
05:2705:27
Just a quick update if you are just tuning in:Just a quick update if you are just tuning in:
The high court has ruled Barnaby Joyce, Fiona Nash, Larissa Waters, Scott Ludlam and Malcolm Roberts were ineligible to be electedThe high court has ruled Barnaby Joyce, Fiona Nash, Larissa Waters, Scott Ludlam and Malcolm Roberts were ineligible to be elected
Matt Canavan and Nick Xenophon were found to be safeMatt Canavan and Nick Xenophon were found to be safe
A byelection will be held in New England (around 2 December)A byelection will be held in New England (around 2 December)
Joyce admitted he “felt in his gut this is the way it was going to go”Joyce admitted he “felt in his gut this is the way it was going to go”
The government has lost its one-seat majority, but still has the vote of Tony Smith, the speakerThe government has lost its one-seat majority, but still has the vote of Tony Smith, the speaker
Independent MP Cathy McGowan has guaranteed supply to the governmentIndependent MP Cathy McGowan has guaranteed supply to the government
Malcolm Roberts will run in the Queensland state election in the Labor seat of IpswichMalcolm Roberts will run in the Queensland state election in the Labor seat of Ipswich
Nick Xenophon will formally resign in the next few weeks and run in the South Australian state electionNick Xenophon will formally resign in the next few weeks and run in the South Australian state election
UpdatedUpdated
at 5.29am BSTat 5.29am BST
5.22am BST5.22am BST
05:2205:22
The prime minister has announced a media conference for 3.30pm AEDT.The prime minister has announced a media conference for 3.30pm AEDT.
UpdatedUpdated
at 5.24am BSTat 5.24am BST
5.22am BST5.22am BST
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Nick Xenophon, who plans on resigning his senate seat, says he feels sympathy for his colleagues who have been ruled ineligible:Nick Xenophon, who plans on resigning his senate seat, says he feels sympathy for his colleagues who have been ruled ineligible:
Whatever political differences I have with some of them, there is no question of their love for and loyalty to Australia. They have been caught by this section of the constitution and, obviously, there will be plenty to reflect on that in the future. The irony of the decision is not lost on me as it has always been my plan to leave the federal parliament, to resign from the Senate, which I will now be doing in the very near future,within a week or so, in order to contest the South Australian seat of Hartley in state parliament because politics in South Australia is broken and I want to do all I can to fix the broken state of politics in South Australia. I will be around for a few more days, not in Canberra, there will be committee work to do in relation to the Murray Darling basin next week in New South Wales and Adelaide and that is a critically important issue for South Australia and the nation.Whatever political differences I have with some of them, there is no question of their love for and loyalty to Australia. They have been caught by this section of the constitution and, obviously, there will be plenty to reflect on that in the future. The irony of the decision is not lost on me as it has always been my plan to leave the federal parliament, to resign from the Senate, which I will now be doing in the very near future,within a week or so, in order to contest the South Australian seat of Hartley in state parliament because politics in South Australia is broken and I want to do all I can to fix the broken state of politics in South Australia. I will be around for a few more days, not in Canberra, there will be committee work to do in relation to the Murray Darling basin next week in New South Wales and Adelaide and that is a critically important issue for South Australia and the nation.
UpdatedUpdated
at 5.26am BSTat 5.26am BST
5.19am BST5.19am BST
05:1905:19
Fiona Nash, the former deputy leader of the Nationals and former regional development minister has released a statement:Fiona Nash, the former deputy leader of the Nationals and former regional development minister has released a statement:
I came into parliament in 2004 after winning preselection for a NSW Nationals senate spot, as a farmer and proud mother of two young boys. I did so to try to improve the lives of rural, regional and remote Australians, who despite producing the food, water, electricity, gas and exports which power this nation, often have reduced access to basics which city people take for granted like doctors, health care and tertiary education.I came into parliament in 2004 after winning preselection for a NSW Nationals senate spot, as a farmer and proud mother of two young boys. I did so to try to improve the lives of rural, regional and remote Australians, who despite producing the food, water, electricity, gas and exports which power this nation, often have reduced access to basics which city people take for granted like doctors, health care and tertiary education.
I always aimed to help build rural, regional and remote communities our children and grandchildren either wanted to stay in or come back to.I always aimed to help build rural, regional and remote communities our children and grandchildren either wanted to stay in or come back to.
Through 12 years of hard work, I’m really proud of the things I’ve been able to achieve.Through 12 years of hard work, I’m really proud of the things I’ve been able to achieve.
· Pressing forward with a whole-of-government decentralisation program, because regional Australians deserve public sector jobs just as much as capital city people do, and there’s no good reason for most agencies to be in a capital city· Pressing forward with a whole-of-government decentralisation program, because regional Australians deserve public sector jobs just as much as capital city people do, and there’s no good reason for most agencies to be in a capital city
· Creating the half-billion dollar Building Better Regions Fund, which co-invests with regional communities to improve the lives of the people who live in those communities· Creating the half-billion dollar Building Better Regions Fund, which co-invests with regional communities to improve the lives of the people who live in those communities
· Delivering the Mobile Black Spots Programme and the 765 mobile towers to rural Australia· Delivering the Mobile Black Spots Programme and the 765 mobile towers to rural Australia
· Turning around the performance of the Sky Muster satellites. Sky Muster delivers broadband network to the last 3% of Australians, even those living in the outback or on remote islands or in mountain ranges. Sky Muster data was doubled this month, almost free of charge to users. Stability is 87% better this September than last September. It’s now a very good service.· Turning around the performance of the Sky Muster satellites. Sky Muster delivers broadband network to the last 3% of Australians, even those living in the outback or on remote islands or in mountain ranges. Sky Muster data was doubled this month, almost free of charge to users. Stability is 87% better this September than last September. It’s now a very good service.
· Delivering fixed wireless broadband to 3 per cent of rural Australians, mostly outside towns. It’s a great technology and very popular.· Delivering fixed wireless broadband to 3 per cent of rural Australians, mostly outside towns. It’s a great technology and very popular.
· Releasing the Regions 2030 statement, the first time a regional vision statement had been delivered in more than a decade· Releasing the Regions 2030 statement, the first time a regional vision statement had been delivered in more than a decade
· The appointment of Australia’s first Rural Health Commissioner to advocate for rural health and help identify the varied skills held by many rural doctors and reward them appropriately as “Rural Generalists”. The commissioner will also create a pathway to enable young doctors to become Rural Generalists· The appointment of Australia’s first Rural Health Commissioner to advocate for rural health and help identify the varied skills held by many rural doctors and reward them appropriately as “Rural Generalists”. The commissioner will also create a pathway to enable young doctors to become Rural Generalists
· The National Ice Taskforce and historic $300m investment in drug and alcohol treatment and education· The National Ice Taskforce and historic $300m investment in drug and alcohol treatment and education
· Initiating an important independent report into organ donation, which changed the game in Australia, then driving towards important and life-saving reform including online registration for organ donors· The Indigenous Health Implementation Plan, which received tri-partisan support· Initiating an important independent report into organ donation, which changed the game in Australia, then driving towards important and life-saving reform including online registration for organ donors· The Indigenous Health Implementation Plan, which received tri-partisan support
· Redirection of $50m in GP subsidies to doctors in small country towns rather than those in cities as large as Cairns and Townsville (174,000 people).· Redirection of $50m in GP subsidies to doctors in small country towns rather than those in cities as large as Cairns and Townsville (174,000 people).
· Helping stop the takeover of Graincorp by ADM.· Helping stop the takeover of Graincorp by ADM.
It has been an honour to serve the people of this nation.It has been an honour to serve the people of this nation.
I thank all my colleagues who have been so supportive, not just recently but over many years; particularly of course my National party colleagues.I thank all my colleagues who have been so supportive, not just recently but over many years; particularly of course my National party colleagues.
I have the most wonderful staff in the building, and I thank Team Nash for their incredible loyalty and dedication to excellence.I have the most wonderful staff in the building, and I thank Team Nash for their incredible loyalty and dedication to excellence.
I thank my wonderful sons, Will and Henry, for all their support, and of whom I am so proud.I thank my wonderful sons, Will and Henry, for all their support, and of whom I am so proud.
I will continue to fight for rural, regional and remote Australians – no matter where my life path takes me.I will continue to fight for rural, regional and remote Australians – no matter where my life path takes me.
UpdatedUpdated
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Cathy McGowan, the independent MP for Indi has also released a statement, confirming she will continue to supply a confidence vote to the government:Cathy McGowan, the independent MP for Indi has also released a statement, confirming she will continue to supply a confidence vote to the government:
Independent member for Indi, Cathy McGowan, has welcomed the clarity provided by the high court today on the citizenship of several members of parliament.Independent member for Indi, Cathy McGowan, has welcomed the clarity provided by the high court today on the citizenship of several members of parliament.
My position has not changed. There will be no deals. As an independent I will consider every bill on its merits, and will continue to represent the interests of my electorate. I will continue to supply confidence and support to the government.My position has not changed. There will be no deals. As an independent I will consider every bill on its merits, and will continue to represent the interests of my electorate. I will continue to supply confidence and support to the government.
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05:1305:13
She is asked about plans the party had to try to make Fraser Anning step aside to make room for Roberts to return (the Roberts replaces Roberts plan) which Hanson originally denied. Journalist Adam Gartrell tells her he has documentation and she says she hasn’t seen it. Malcolm Roberts cuts in to say that he will have more to say about that later.She is asked about plans the party had to try to make Fraser Anning step aside to make room for Roberts to return (the Roberts replaces Roberts plan) which Hanson originally denied. Journalist Adam Gartrell tells her he has documentation and she says she hasn’t seen it. Malcolm Roberts cuts in to say that he will have more to say about that later.
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at 5.19am BSTat 5.19am BST
5.12am BST
05:12
Hanson begins to get angry at suggestions her party processes were not in order, given she has now lost two senators (including Rod Culleton).
“It is devastating what is happened, but I am not the only person here facing this, the other parties are, and One Nation hasn’t been around as long as the others. You think they would have got it right and they haven’t.”
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5.10am BST
05:10
Malcolm Roberts “expresses his regret” but does not accept that he was wrong.
Pauline Hanson does not apologise for saying “hand on heart” she could assure the Australian people that she had seen Roberts’ documents and he was not a dual citizen.
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5.08am BST
05:08
Malcolm Roberts to run in Queensland state election
Malcolm Roberts is speaking at a press conference in parliament. He is standing next to Pauline Hanson, who is highly emotional and looks to have tears in her eyes.
He thanks Hanson for “never flinching”.
Hanson says she is “absolutely devastated at losing” Malcolm Roberts, who she describes as “unique”.
She says Queensland has not lost Malcolm Roberts - he will stand for the seat of Ipswich in the Queensland state election.
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5.06am BST
05:06
Tanya Plibersek is speaking at a press conference in Sydney:
We’re not planning any mischief, we are deeply concerned that Australia is facing a period of uncertainty because this prime minister has insisted on keeping to ministers on his front bench who have been not only in eligible to be ministers but in eligible to be in the parliament – two ministers. It’s bizarre that the prime minister asked Senator Canavan to stand aside, he’s been found to be in eligible the whole time, and didn’t ask Barnaby Joyce or Senator Nash to stand aside. They’ve been found to be ineligible.
I think one of the extraordinary revelations this afternoon is Barnaby Joyce thought himself ineligible, he said he was prepared for this outcome, and yet day after day in the parliament he’s been voting on legislation, some legislation that is passed only very narrowly with very serious consequences, he’s been making decisions as a minister, all of those decisions are now perhaps subject to legal challenge. All the while the deputy prime minister thought he was ineligible to be a member of parliament.
Of course the real question here goes to the judgement shown by Malcolm Turnbull. Malcolm Turnbull stood up in parliament and said that he was absolutely confident that Barnaby Joyce was eligible to be a member of parliament and the high court will so hold. I mean, extraordinary that the prime minister would be assuming what the high court would find and in fact turning out to be utterly wrong in his assumptions.
We’ve got a prime minister who is made these bad judgement calls again and again when he should have asked Barnaby Joyce to stand aside, he should have asked Senator Nash to stand aside from the cabinet, he allowed them to continue. He got the call on Senator Canavan wrong too and now, of course, he’s defending Michaelia Cash in the same way he defended Barnaby Joyce.
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5.02am BST
05:02
In terms of who will take over as Nationals leader, there were reports it would be Nigel Scullion.
That is yet to be confirmed. There is also Matt Canavan in the mix, now that he has been found safe.
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5.01am BST
05:01
I’ve just been told the prime minister will speak in the next hour or so.
4.59am BST
04:59
There is a sitting of parliament before the byelection is held. The house is scheduled to sit on 27 November.
Malcolm Turnbull is due to fly to Israel this afternoon. Once he leaves the country, (if he still does) I believe Julie Bishop would be acting prime minister, now that Barnaby Joyce no longer sits in parliament.
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4.55am BST
04:55
A clarification: the government still has its “absolute majority” as Tony Smith can vote in the event of a tied vote.
Indi MP Cathy McGowan has agreed to continue to support the government is matters of confidence.
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4.52am BST
04:52
Albanese says Joyce has learnt nothing, as he announced the byelection date in his press conference, despite not having the authority to do so.
Joyce said he expected it to be held around 2 December. That is the earliest it can be held, as long as the writs are issued in the next few days.
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4.50am BST
04:50
Anthony Albanese is speaking to Sky.
He says that both Malcolm Turnbull and Barnaby Joyce have been “humiliated” by what the high court found.
“And that is why it has been so unwise that he has continued to sit as the deputy prime minister.”
Albanese says it is “breathtaking” that Joyce has admitted that he thought the decision would go against him, as he continued to sit in parliament.
Updated
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