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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)
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And for those who like visuals, we have this. I recommend you check it out.
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And from Malcolm Roberts himself:
I’m truly disappointed to be leaving Parliament but that opens up another door. As you know the High Court sitting as the court of disputed returns as judge my election to the Senate in 2016 as ineligible, I’m therefore no longer eligible to be a senator for the people of Queensland. I’ve always said it’s very important for the High Court to uphold the Constitution and I accept that, and I accept this decision entirely andI’ve always said that I look forward to the High Court hearing my case and it has done that, so thank you very much. The High Court has ruled that I was wrong, do you want any more?
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The former senator for Queensland, Larissa Waters, spoke to the ABC a little earlier and said the Greens were lucky to have Andrew Bartlett.
I think Andrew will do a wonderful job representing Queensland. He’s got experience and he’s one of the most hard-working people I know. We couldn’t be luckier with our number two, who will now take over that role as Greens senator for Queensland. It’s a role I’ve made no secret that I would like to keep on doing and would like to come back to doing, but we’re very democratic in the Greens and that would be a decision for our members and so when the preselection begins for who gets to run at the next federal election, I’ll put my hand up.
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As requested, here is a little more of Pauline Hanson’s press conference:
Malcolm Roberts has been my backbone and I’m devastated, devastated. He did a fantastic job. I tell you what, it’s going to have to take a mighty person to fill this man’s shoes because I think he’s unique, I think he’s been a person for parliament to bring so much to this parliament and I think that is lacking in so many others of our other colleagues on the floor of parliament. So, you know, that maybe the case, federal parliament may have lost Malcolm Roberts but Queensland has not lost Malcolm Roberts. We have now discussed this just briefly that Malcolm will be standing for the seat of Ipswich in the up and coming state election. The Queensland state leader Steve Dickson ... he is so delighted about having an experienced candidate like Malcolm Roberts to stand for the seat of Ipswich.
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Barnaby Joyce is at a pub in Tamworth after giving another press conference. He said much the same thing as he did earlier, but the biggest take away is the campaign has begun.
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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.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. 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 interesting if someone decided to make him the test case.
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If you are just tuning in: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 on 2 DecemberA 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”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
Tony Windsor will not stand in New EnglandTony Windsor will not stand in New England
Nigel Scullion is the interim leader of the NationalsNigel Scullion is the interim leader of the Nationals
Matt Canavan is back in the cabinetMatt Canavan is back in the cabinet
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The Australian Electoral Commission has released a statement: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.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 countsSenate 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).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.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 byelectionNew 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 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.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.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.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**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.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.“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: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.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.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.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 that 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/nvyh4QIftZPM 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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