This article is from the source 'guardian' and was first published or seen on . 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

The article has changed 18 times. There is an RSS feed of changes available.

Version 7 Version 8
Barnaby Joyce and six others await high court citizenship ruling at 2.15pm – politics live Barnaby Joyce ruled ineligible for parliament, government loses majority – politics live
(35 minutes later)
4.23am BST
04:23
The Nationals have lost their leader and their deputy leader.
The government is headed to a byelection in the NSW seat of New England. This is after the prime minister said in parliament in August that he was confident that Joyce was eligible to sit in parliament “and the high court will so hold”
Updated
at 4.24am BST
4.19am BST
04:19
BARNABY JOYCE IS INELIGIBLE
Byelection for Barnaby Joyce
Scott Ludlam - INELIGIBLE
Larissa Waters - INELIGIBLE
Malcolm Roberts - INELIGIBLE
Fiona Nash - INELIGIBLE
Matt Canavan is ELIGIBLE
Nick Xenophon is ELIGIBLE
Updated
at 4.23am BST
4.18am BST
04:18
Barnaby Joyce is going to a byelection.
Updated
at 4.20am BST
4.16am BST
04:16
The court is in session.
Updated
at 4.20am BST
4.15am BST
04:15
We have a minute until the high court sits.
It will read through the questions of each MP – is there a vacancy, how should it be replaced if there is and so on.
So no blanket answer.
Updated
at 4.17am BST
4.06am BST
04:06
The order we expect the answers in
We expect the answers to come in the order the MPs were referred to court.
That would be:
Matt Canavan
Scott Ludlam
Larissa Waters
Malcolm Roberts
Barnaby Joyce
Fiona Nash
Nick Xenophon
Updated
at 4.08am BST
4.02am BST
04:02
The defence
The government says that Joyce, Nash, Canavan, Waters and Xenophon should not be ruled ineligible because they did nothing to obtain/retain their dual citizenship and also did not know about it, so they could not have had split loyalties.
The government argued that Scott Ludlam and Malcolm Roberts should have reasonably expected they had citizenship concerns, as both were born overseas and became Australian citizens.
The Greens argued everyone should go and ignorance is not an excuse.
Tony Windsor (challenging Barnaby Joyce) argued ignorance is not an excuse, and anything other than a black-and-white reading of section 44 is opening up the field for potential “witch-hunts’ over knowledge – did you know there was a possibility of being a dual citizen and how could that be proved?
Xenophon argued he didn’t believe he even had any citizenship rights, given he is a British overseas citizen, a tier of citizenship that doesn’t even give you the right of abode.
Roberts argued he has always felt Australian and could not have known he was a dual citizen with the UK.
Updated
at 4.05am BST
3.49am BST3.49am BST
03:4903:49
For those needing a refresher on the issues the high court is facing, you’ll find that here For those needing a refresher on the issues the high court is facing, you’ll find that here.
Probable replacements if the court rules all seven MPs are ineligible Probable replacements if the court rules all seven members are ineligible:
The CoalitionThe Coalition
Barnaby Joyce – decided by New England by-election Barnaby Joyce – his fate would be decided at a byelection in his seat of New England
Matt Canavan – Joanna LindgrenMatt Canavan – Joanna Lindgren
Fiona Nash – Hollie HughesFiona Nash – Hollie Hughes
The GreensThe Greens
Larissa Waters – Andrew Bartlett (if found to have been eligible, Waters resignation will spark a casual vacancy)Larissa Waters – Andrew Bartlett (if found to have been eligible, Waters resignation will spark a casual vacancy)
Scott Ludlam – Jordon Steele-JohnScott Ludlam – Jordon Steele-John
Nick Xenophon – Tim Storer (if found to be eligible, Xenophon’s resignation will spark a casual vacancy)Nick Xenophon – Tim Storer (if found to be eligible, Xenophon’s resignation will spark a casual vacancy)
Malcolm Roberts – Fraser AnningMalcolm Roberts – Fraser Anning
Barnaby Joyce is in his electorate and has announced a press conference for 2.30pm Barnaby Joyce is in his electorate and has announced a press conference for 2.30pm AEST.
The court is due to hand down its judgement at 2.15pm The court is due to hand down its judgment at 2.15pm AEDT
Updated
at 4.12am BST
3.02am BST3.02am BST
03:0203:02
Focus turns to high courtFocus turns to high court
The committee is on lunch suspension and that is where we will leave you with that, because George Brandis is not returning.The committee is on lunch suspension and that is where we will leave you with that, because George Brandis is not returning.
So we are going to take a short break while we prepare to bring you all of the news from the high court.So we are going to take a short break while we prepare to bring you all of the news from the high court.
The judgement is being handed down at 2.15pm. Barnaby Joyce and six senators will learn their fate as the court decides whether dual citizenship made them ineligible to stand for parliament. You can read more on that here from Paul Karp and Katharine Murphy.The judgement is being handed down at 2.15pm. Barnaby Joyce and six senators will learn their fate as the court decides whether dual citizenship made them ineligible to stand for parliament. You can read more on that here from Paul Karp and Katharine Murphy.
Barnaby Joyce and senators Matt Canavan, Fiona Nash, Larissa Waters, Scott Ludlam, Nick Xenophon and Malcolm Roberts will all learn their fate.Barnaby Joyce and senators Matt Canavan, Fiona Nash, Larissa Waters, Scott Ludlam, Nick Xenophon and Malcolm Roberts will all learn their fate.
It’s Joyce who has captured the attention. He’s the only lower house MP (in this round – David Gillespie is also before the high court on a separate section-44 matter) and if the high court rules him ineligible, he will face a byelection in his NSW seat of New England.It’s Joyce who has captured the attention. He’s the only lower house MP (in this round – David Gillespie is also before the high court on a separate section-44 matter) and if the high court rules him ineligible, he will face a byelection in his NSW seat of New England.
There are quite a few of the spotlighted players in Canberra, so we will bring you all of the reaction, whatever the decision, as soon as it comes to hand.There are quite a few of the spotlighted players in Canberra, so we will bring you all of the reaction, whatever the decision, as soon as it comes to hand.
Brace yourself: the judgement is coming . And no matter what it is, there will be shockwaves.Brace yourself: the judgement is coming . And no matter what it is, there will be shockwaves.
UpdatedUpdated
at 3.11am BSTat 3.11am BST
2.42am BST2.42am BST
02:4202:42
The committee has been going back and forth over issues it is allowed to talk about. Brandis continues to refer to the public interest immunity.The committee has been going back and forth over issues it is allowed to talk about. Brandis continues to refer to the public interest immunity.
2.25am BST2.25am BST
02:2502:25
George Brandis confirms there have been no resignations from the prime minister’s office and no resignations from justice minister Michael Keenan’s office (since Wednesday).George Brandis confirms there have been no resignations from the prime minister’s office and no resignations from justice minister Michael Keenan’s office (since Wednesday).
UpdatedUpdated
at 2.34am BSTat 2.34am BST
2.20am BST2.20am BST
02:2002:20
The Nationals NSW director quitsThe Nationals NSW director quits
In other breaking news:In other breaking news:
#BREAKING Nationals NSW Director @Nathan_Quigley calls it quits #auspol pic.twitter.com/k7KMb6BEQR#BREAKING Nationals NSW Director @Nathan_Quigley calls it quits #auspol pic.twitter.com/k7KMb6BEQR
This has been announced just hours before the party learns if it is heading to a byelection.This has been announced just hours before the party learns if it is heading to a byelection.
UpdatedUpdated
at 2.33am BSTat 2.33am BST
2.11am BST2.11am BST
02:1102:11
Bridget Mackenzie is asking the ROC if they are aware of times union members and leaders who have been under investigation have destroyed documents.Bridget Mackenzie is asking the ROC if they are aware of times union members and leaders who have been under investigation have destroyed documents.
2.09am BST2.09am BST
02:0902:09
Paul KarpPaul Karp
After attorney general, George Brandis, used an AFP investigation into the leak to claim public interest immunity to refuse most questions, the Registered Organisations Commission’s executive director Chris Enright is now also rejecting questions on the basis the Australian Workers Union has a federal court case against it.After attorney general, George Brandis, used an AFP investigation into the leak to claim public interest immunity to refuse most questions, the Registered Organisations Commission’s executive director Chris Enright is now also rejecting questions on the basis the Australian Workers Union has a federal court case against it.
Brandis leaps to his defence, noting the matter is “sub judice” ( Latin for the fact it would be contempt of court to prejudice the court case).Brandis leaps to his defence, noting the matter is “sub judice” ( Latin for the fact it would be contempt of court to prejudice the court case).
When Labor’s Doug Cameron asks why Enright was able to answer questions on Thursday, Enright responds:When Labor’s Doug Cameron asks why Enright was able to answer questions on Thursday, Enright responds:
“What’s now become clear, and what is changing, is it’s become clearer to me those proceedings are challenging the legality of commencement of investigation by ROC as well as issue of search warrants.”“What’s now become clear, and what is changing, is it’s become clearer to me those proceedings are challenging the legality of commencement of investigation by ROC as well as issue of search warrants.”
UpdatedUpdated
at 2.25am BSTat 2.25am BST
2.08am BST
02:08
Labor establishes there have been no more resignations from Michaelia Cash’s office since Wednesday night.
Doug Cameron and George Brandis then break into an argument over who is disrespecting the Australian federal police.
Brandis: My view, Senator Cameron, as the attorney general, who more than any other minister in the government is responsible for the observance of the law and the rule of law, it is a matter of shame and disgrace, that you as a member of the opposition frontbench, should attack the integrity of the Australian federal police and the men and women of it. You should be ashamed of yourself senator, because you are a disgraceful person.
Cameron: The senator should withdraw that remark. No comment has been made about the federal police, the opposition are not pointing fingers at the federal police, we are certainly concerned about the minister’s office, we are certainly concerned about the minister, we are certainly concerned about the prime minister and his office and other offices.
Brandis: He referred to the AFP raids as a witch-hunt. If that is not an innuendo or an allegation of bad faith or improper conduct against the AFP, I don’t know what is. And I repeat Senator Cameron, for you as a member of the alternative government to show such contempt for the Australian federal police, and the men and women, the brave men and women who staff is, is contemptible.
Cameron calls it “nonsense” and the committee attempts to move on.
Updated
at 2.13am BST
1.57am BST
01:57
Kerri Hartland from the employment department says Michaelia Cash’s staffer’s equipment had been secured.
Cameron then asks what the ROC has done.
“The ROC hasn’t taken steps,” Bielecki says.
Brandis interrupts to say accuse Cameron of “assuming that an employee of the Registered Organisations Commission is going to break the law”.
“You are in no position to say I am assuming that,” Cameron returns. “You are coming here, saying that we can’t ask even questions on this, and yet you seem quite calm that documentation, computers, telephones are unsecured in the office of ROC.”
Brandis: The point I am making to you, is to interfere with, or delete, or destroy any relevant record would itself be unlawful. Your questions assume that employees of the Australian government are people who will break the law, you have no basis for that assumption.
Cameron points out that “ministerial staff have engaged in egregious breaches of the law”.
Brandis says ROC is not a political body
“So I just make the point to you, by saying there is something untoward by saying the steps you need to be taken, not being taken, must assume there is a risk of employees of the ROC will commit a crime. You have no basis for that assumption.”
Cameron asks whether Bielecki will take steps to secure the equipment and documents. He says it will co-operate with the AFP investigation.
Executive director of the ROC Mark Enright says he has taken steps “to the extent that they are possible at this stage” to ensure the “physical location of the equipment” and staff have been spoken to “set out the protocols”.
“We are employees of the public service, we adhere to the code of conduct very stringently.”
“As an absolute minimum, no staff in my agency would delete an email that may even be relevant. They are staff who are committed to the code of conduct, they understand what is going on in these proceedings and I am entirely confident of that.”
Updated
at 1.59am BST
1.42am BST
01:42
Pat Dodson spoke to the ABC this morning about the government decision to reject the the proposal for a constitutionally enshrined voice in parliament for indigenous people
It wasn’t honourable because they didn’t discuss any of this with their own advisory committee. They didn’t discuss it with any of the Indigenous leadership.
They certainly didn’t discuss this with the opposition before they allowed a leak or a leak took place – and we wouldn’t even be having the discussion if the leak hadn’t taken place.
So there is nothing honourable about what’s happened here. And certainly to then come back and say they made a judgement that a proposition that has been put by the First Nation’s people would not pass the referendum test: now who knows that?
We’ve just spent $122m surveying people on the question of same-sex marriage. Now that’s a good thing to do and it’s a necessary thing to do.
We could have taken the same approach here. There are innovative ways to deal with the complexities surrounding the question of entrenching a voice.
And I think to foreclose on that, having spent a lot of money, a lot of time, a lot of energy gone into this and to just simply reject it because the conservative element within the party of Mr Turnbull has rejected it.
Updated
at 1.46am BST
1.39am BST
01:39
Doug Cameron is pushing back and asking questions, again, and says: “This is a political issue, not a national security issue”.
Cameron: Is the government acting to stop the destruction or concealment of documents or any evidence by the minister’s office or the Fair Work Ombudsman that is relevant to this investigation? Senator Cash couldn’t assure the committee that this had occurred. If I have a reasonable belief that it could occur, presumably there will now be a bank of TV cameras out front of the minister’s office awaiting the arrival of the AFP.
George Brandis: Senator, this the subject as we now know of a police investigation. To destroy material relevant to a current police investigation would itself be against the law. I have absolute confidence that both the minister, her staff and her department will be obedient to the law and I should remind you Senator Cameron that the minister is herself a lawyer, so she understands these principles perfectly well.
Cameron: I also asked about the Fair Work Ombudsman
Brandis: I think you may as well take it Senator Cameron that all agencies of the Commonwealth of Australia and its employees are obedient to the law.
The head of the Registered Organisations Committee, Mark Bielecki, is asked whether he has taken any steps to secure any potential evidence. He says he has not. Cameron says he can not believe it.
Updated
at 1.45am BST
1.27am BST
01:27
Here are the letters which George Brandis have just tabled pic.twitter.com/IlqFsh0dWl
1.25am BST
01:25
The committee is back and Labor are still fighting to be able to ask questions about the leaks.
This is what Brandis is relying on to say he (and the ROC) can't answer any questions on the raid. pic.twitter.com/POciqMeADe
1.22am BST
01:22
Updated
at 1.27am BST
1.19am BST
01:19
Calla Wahlquist
In another estimates committee, Nigel Scullion, the Indigenous affairs minister, who was eviscerated by Patricia Karvelas on RN Drive last night for the government’s decision to categorically rule out a referendum on enshrining an Indigenous voice to parliament in the constitution, has been squaring up against senators Pat Dodson, Malarndirri McCarthy, and Rachel Siewert.
Scullion has suggested that the Referendum Council, which was commissioned by Malcolm Turnbull and Bill Shorten to consult on the idea of Indigenous constitutional recognition, failed by not speaking to non-Indigenous people.
He said:
The task for the referendum council was to talk to Australia, to consult with Australia, and I think the Referendum Council’s view was that was speaking to Aboriginal and Torres Strait Islander people. Speaking to 3% of the population when you are actually trying to deal with a national issue was part of the fail.
There was very little work down with the mainstream, non-Indigenous part of the community. I’m not arguing whether it should or shouldn’t have been.”
This is the first time I have heard anyone suggest that the Referendum Council was supposed to talk to non-Indigenous people, as well as Aborigiinal and Torres Strait Islander peoples. In fact it was celebrated as the first active consultation with Aboriginal and Torres Strait Islander peoples commissioned in more than 10 years of discussion of Indigenous recognition.
The first term of reference for the Referendum Council states:
“The Council will lead the process for national consultations and community engagement about constitutional recognition, including a concurrent series of Indigenous designed and led consultations.”
The grilling continues.
Updated
at 1.26am BST
1.11am BST
01:11
The Australian federal police advised by email they would be carrying out an investigation into the leak of the raids at 7.05pm last night. The email was sent to Michaelia Cash’s office. It was shown to George Brandis “earlier this morning”
Brandis says he was “made aware of this hearing sometime yesterday and I was told that Senator Cash had a long standing commitment in Perth ... I think about lunchtime ... and because I was in Canberra today for an unrelated reason, I volunteered [to attend in her place].
Labor is attempting to ascertain when Brandis learnt about the AFP investigation, given he has just sprung the public interest immunity move on them.
The committee is suspended again to discuss how to move forward, now that Brandis has outlined what he will be claiming public interest immunity on.
We are working on getting a copy of the letter which was tabled, but remember, it is redacted.
Updated
at 1.25am BST
1.06am BST
01:06
The committee is now going on break to read George Brandis’s letter where he outlines what matters he believes applies to public interest immunity.