'Barnaby Joyce and four senators ruled ineligible for parliament – as it happened' diff viewer (11/12)

This article is from the source 'guardian' and was first published or seen on October 26, 2017 22:36 (UTC). It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/australia-news/live/2017/oct/27/politics-live-high-court-citizenship-joyce

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Version 11	Version 12
Barnaby Joyce and four senators ruled ineligible for parliament – politics live	Barnaby Joyce and four senators ruled ineligible for parliament – politics live
2017-10-27 05:05:11 UTC	2017-10-27 05:40:09 UTC (35 minutes later)
	6.41am BST
	06:41
	As expected, Nigel Scullion has been made interim leader of the Nationals according to the ABC. That does not make him deputy prime minister.
	‘Acting’ deputy prime minister is not really a position which exists.
	Updated
	at 6.44am BST
	6.39am BST
	06:39
	And just like that, Matt Canavan is back in the cabinet.
	6.36am BST
	06:36
	Why does Matt Canavan remain?
	Paul Karp
	For those asking ...
	Canavan was born in 1980 to a mother who was at the time only Australian. In 1983, the Italian constitutional court found that Italian descent could pass through the maternal line.
	Expert evidence to the court suggested there were two views of Italian law: that that decision was retroactive, and both Canavan and his mother became Italians despite being born before 1983; or, that they merely became eligible to become Italian but needed to make a declaration to become Italian.
	The justices noted that view, and concluded it could not be satisfied he was Italian.
	“Given the potential for Italian citizenship by descent to extend indefinitely – generation after generation – into the public life of an adopted home, one can readily accept that the reasonable view of Italian law is that it requires the taking of the positive steps ... as conditions precedent to citizenship.”
	Updated
	at 6.41am BST
	6.36am BST
	06:36
	Here is a bit more of what Pauline Hanson said this afternoon:
	Like I said, I’m devastated about what happened. I am not the only one who has lost a senator in this. The Greens have lost two. The National Party has lost a couple of theirs as well. The fact is how many other people in this parliament would still have dual citizenship and their eligibility to be in this parliament will be challenged as well. Or they are not putting it forward. So there are many people that. It is devastating what has happened but I am not the only person here that is facing this. The other political parties are and yetOne Nation has not been around as long as what they have. You think they would have gotten it right that they have not. I am devastated by what has happened but it is not the end of One Nation. We will actually move on and, yes, from the first senator that we lost in WA. I have a great senator here in Senator Georgiou so, it you know, we will fill places. We will have them on the seat of parliament and we will keep challenging both the government and the opposition to bring good government for the people of Australia.
	6.35am BST
	06:35
	Nick Xenophon Team MP Rebekha Sharkie was asked specifically if she would support any vote of no confidence in the government once parliament returned. She said:
	So far in my time as the member for Mayo I’ve supported the government in good faith and I would like to continue to do so.”
	She added that the country wasn’t ready for another election.
	Updated
	at 6.44am BST
	6.25am BST
	06:25
	As the clock ticks ...
	Updated
	at 6.30am BST
	6.23am BST
	06:23
	For those looking for the high court judgment, you’ll find it here
	6.20am BST
	06:20
	Which way will the Speaker vote?
	Looking at the majority on the floor of the house for the government, we know that independent Cathy McGowan has guaranteed supply, in the event of a no-confidence motion.
	Tony Smith, the speaker, does have a vote in the event of a tie.
	Here is what he told Katharine Murphy six months ago:
	The Speaker of the House of Representatives, Tony Smith, has signalled he will not use his casting vote to hand the Turnbull government a majority on legislation if the government fails to command a working majority on the floor.
	In an interview with the Guardian’s Australian Politics Live podcast, Smith says he would apply the same principle – don’t manufacture a majority that isn’t there – if there was ever a no-confidence motion moved against the government.
	In a parliament where the government of the day commands the chamber by a substantial working majority, the Speaker’s casting vote is an irrelevancy.
	But in this parliament, the Turnbull government has a majority of one, which puts Smith’s casting vote in play in the event that Coalition MPs decide to cross the floor in key legislative votes.
	Given the tight margin, Smith has already used his casting vote once from the Speaker’s chair, when the Turnbull government lost control of the House in the opening week of the new parliament because three ministers were absent from the chamber.
	Smith declined to shut down the politically embarrassing tactical skirmish, using his vote to allow debate to continue on procedural motions which were being moved by Labor at the adjournment of the parliament on 1 September 2016.
	He says this is what parliamentary practice dictates. “Essentially … if it’s question about whether the debate should continue, you should allow the debate to continue,” Smith told Guardian Australia.
	But he said on legislative debates, or on no-confidence motions, you don’t, from the Speaker’s chair, use your casting vote to manufacture a majority that doesn’t exist on the floor of the chamber. “If it’s a question about whether a bill should be amended or not, you generally leave it in its current form.”
	Smith says the idea of a no-confidence motion proceeding in the current parliament is “highly hypothetical” but he says the precedents and practice is clear.
	If in the final vote there is not a majority, you don’t vote to give it one.”
	Updated
	at 6.31am BST
	6.12am BST
	06:12
	Tony Windsor confirms he will not run against Barnaby Joyce
	Tony Windsor gives his reasons why he won’t be standing in the New England byelection
	I actually love elections. I’ve enjoyed the eight that I have contested but my wife doesn’t and she had a pretty rough time last time with the tactics and strategies that were used to not only against me. (It’s) fine against the candidate, but also against the families. We’ve always been a team. I had a good yarn to her again this morning. I think it’s time she prevailed.
	There are some other reasons as well. I’m not going to be out of the political dimension at all. The two issues on the Liverpool Plains, the lack of scientific work being done there, and Barnaby Joyce is right in the middle of this, and the great Artesian basin, the issues of Santos and coal seam gas, the scientific work in relation to the water resources hasn’t been done so I will immerse myself in those issues and if push comes to shove it might mean, as we’ve got now, a breach of the law leading to a by-election. I wouldn’t want to be put in that circumstance where I breached the law because I believe in something strongly and forced the place back to a byelection again.
	Updated
	at 6.17am BST
6.07am BST	6.07am BST
06:07	06:07
We are told that if the prime minister does still go on his trip to Israel it will likely be delayed.	We are told that if the prime minister does still go on his trip to Israel it will likely be delayed.
6.07am BST	6.07am BST
06:07	06:07
The prime minister is headed to Government House to swear in his new ministry.	The prime minister is headed to Government House to swear in his new ministry.
Those changes again:	Those changes again:
Matt Canavan will be back in the cabinet, with his previous ministries, resources and northern Australia.	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.	Malcolm Turnbull will take on agriculture and water resources.
Mitch Fifield will have general communications and infrastructure.	Mitch Fifield will have general communications and infrastructure.
Darren Chester will be act minister for regional development, territories and local government.	Darren Chester will be act minister for regional development, territories and local government.
Updated	Updated
at 6.08am BST	at 6.08am BST
6.02am BST	6.02am BST
06:02	06:02
Anna Henderson from the ABC has spoken to Tony Windsor. She has tweeted this:	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	Mr Windsor says he is not going to put his wife through another election campaign
5.59am BST	5.59am BST
05:59	05:59
Joshua Robertson	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”.	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.	“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.”	“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”.	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.	“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.)	(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”.	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.	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.	“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.”	“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.	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.	“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.	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.
Updated	Updated
at 6.03am BST	at 6.03am BST
5.58am BST	5.58am BST
05:58	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.	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.
Updated	Updated
at 5.59am BST	at 5.59am BST
5.53am BST	5.53am BST
05:53	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:	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.	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.
Updated	Updated
at 5.58am BST	at 5.58am BST
5.49am BST	5.49am BST
05:49	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:	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.”	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.	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	Updated
at 5.53am BST	at 5.53am BST
5.47am BST	5.47am BST
05:47	05:47
#BREAKING Former Independent Member for New England @TonyHWindsor says he will NOT run in the New England byelection pic.twitter.com/TXcAoQTO1d	#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	5.46am BST
05:46	05:46
Matt Canavan returns to the cabinet	Matt Canavan returns to the cabinet
Malcolm Turnbull:	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.	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.	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.	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.	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.
Updated	Updated
at 5.49am BST	at 5.49am BST
~~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.
~~Updated~~
~~at 5.46am BST~~
~~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.
~~Updated~~
~~at 5.45am BST~~
~~5.38am BST~~
~~05:38~~
~~Malcolm Roberts in one of his last appearances as a senator in the Australian parliament.~~
~~Updated~~
~~at 5.39am BST~~
~~5.33am BST~~
~~05:33~~
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.
~~Updated~~
~~at 5.34am BST~~
~~5.27am BST~~
~~05:27~~
~~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 elected~~
~~Matt Canavan and Nick Xenophon were found to be safe~~
~~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”~~
~~The 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 government~~
~~Malcolm 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 election~~
~~Updated~~
~~at 5.29am BST~~
~~5.22am BST~~
~~05:22~~
~~The prime minister has announced a media conference for 3.30pm AEDT.~~
~~Updated~~
~~at 5.24am BST~~
~~5.22am BST~~
~~05:22~~
~~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.
~~Updated~~
~~at 5.26am BST~~
~~5.19am BST~~
~~05:19~~
~~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 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.~~
· 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~~
~~· 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.
~~· 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~~
· 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~~
· 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).~~
~~· Helping stop the takeover of Graincorp by ADM.~~
~~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 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 will continue to fight for rural, regional and remote Australians – no matter where my life path takes me.~~
~~Updated~~
~~at 5.23am BST~~
~~5.15am BST~~
~~05:15~~
~~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.~~
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.
~~Updated~~
~~at 5.20am BST~~
~~5.13am BST~~
~~05:13~~
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.
~~Updated~~
~~at 5.19am BST~~

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