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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)
7.19am BST
07:19
Andrew Bartlett, is expected to return to the Senate for the Greens, as the next in line on the ticket – at least until the next election.
There is the matter of whether he will be challenged under section 44, because he was employed with a university during the election. Whether or not that counts as an indirect interest from the Commonwealth has not been tested. It would be interested if someone decides to make him the test case.
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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 on 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
Tony Windsor will not stand in New England
Nigel Scullion is the interim leader of the Nationals
Matt Canavan is back in the cabinet
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The Australian Electoral Commission has released a statement:
The Australian Electoral Commission acknowledges the decisions of the high court acting as the court of disputed returns today in disqualifying certain federal parliamentarians, and will follow the orders of the court to fill the vacancies arising in the Senate, and in the House of Representatives for the federal electoral division of New England.
Senate special counts
It is expected that the AEC will be ordered to conduct special counts of formal 2016 Senate ballot papers to determine candidates elected in New South Wales, Queensland and Western Australia. This follows the disqualification of former Senators Fiona Nash (NSW), Malcolm Roberts (QLD), Larissa Waters (QLD) and Scott Ludlam (WA).
The timing for Senate special counts is yet to be determined and is subject to the provision of directions from a Justice of the Court. Once directions have been provided by the Court, the AEC will proceed as quickly as possible to conduct the required special counts in Sydney, Brisbane and Perth respectively in the presence of candidate scrutineers.
New England byelection
The court has ordered that a byelection for the division of New England be conducted. A writ has subsequently been issued by the Speaker of the House of Representatives and a by-election will be held on Saturday 2 December 2017.
The AEC now encourages all residents in the Division of New England to ensure they are correctly enrolled to vote. The AEC website allows people to check their enrolment details, enrol to vote or update their enrolment via a desktop or mobile device.
Alternatively, enrolment application forms are available at any AEC office or Australia Post outlet. All Australian citizens aged 18 years and over living in the division of New England are required by law to enrol and vote in the byelection.
Seventeen-year-old Australians who live in New England and turn eighteen on or before Saturday 2 December 2017 can enrol now and vote in the New England by-election.
*end statement*
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Constitutional expert Anne Twomey tells Sky that the decision was surprising in that it went straight down the line.
“They were focusing very much on certainty and making sure there was a clear line and that was obviously very important to them,” she said.
Fellow constitutional expert Kim Rubenstein told the ABC a little earlier:
I think we can say that this is a very affirming judgment in terms of our constitutional democratic system. First of all, we have a unanimous decision from the seven judges. That makes it conceptually very clear for the community to be able to follow. The clarity is that it does follow consistently from the earlier decision in 1992, affirming that any person who is a dual citizen needs to take all reasonable steps for they nominate to become a member of parliament to renounce that other citizenship to do that is a clear approach that prior – provide certainty, one that has been quite clearly argued in the report by Mr Windstar – Windsor’s counsel. When you look at the decisions as they relate to Matt Canavan and Nick Xenophon, the only two who get to remain on, who are cleared by the process.
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And less than three hours after Barnaby Joyce found out he was ineligible , the writs have been issued for the New England byelection, which will be held on 2 December.
Without Tony Windsor.
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As expected, Nigel Scullion has been made interim leader of the Nationals according to the ABC. That does not make him deputy prime minister.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. ‘Acting’ deputy prime minister is not really a position that exists.
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And just like that, Matt Canavan is back in the cabinet.And just like that, Matt Canavan is back in the cabinet.
PM Malcolm Turnbull & Matt Canavan shake hands for a photograph while the GG looks on @AmyRemeikis @GuardianAus pic.twitter.com/nvyh4QIftZ
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Why does Matt Canavan remain?Why does Matt Canavan remain?
Paul KarpPaul Karp
For those asking ...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.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.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.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.”“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.”
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Here is a bit more of what Pauline Hanson said this afternoon: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. 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.
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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: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.”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.She added that the country wasn’t ready for another election.
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As the clock ticks ...As the clock ticks ...
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For those looking for the high court judgment, you’ll find it hereFor those looking for the high court judgment, you’ll find it here
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Which way will the Speaker vote?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.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.Tony Smith, the speaker, does have a vote in the event of a tie.
Here is what he told Katharine Murphy six months ago: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.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 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.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.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.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.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.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.”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.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.”If in the final vote there is not a majority, you don’t vote to give it one.”
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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.
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We are told that if the prime minister does still go on his trip to Israel it will likely be delayed.
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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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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
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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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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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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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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.
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#BREAKING Former Independent Member for New England @TonyHWindsor says he will NOT run in the New England byelection pic.twitter.com/TXcAoQTO1d
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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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