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.
Barnaby Joyce ruled ineligible for parliament, government loses majority – politics live
Barnaby Joyce and four senators ruled ineligible for parliament – politics live
(35 minutes later)
4.23am BST
4.59am BST
04:23
04:59
The Nationals have lost their leader and their deputy leader.
There is a sitting of parliament before the byelection is held. The house is scheduled to sit on 27 November.
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”
Malcolm Turnbull is due to fly to Israel this afternoon. Once he leaves the country, I believe Julie Bishop will be acting prime minister, now that Barnaby Joyce no longer sits in parliament.
Updated
Updated
at 4.24am BST
at 5.00am BST
4.19am BST
4.55am BST
04:19
04:55
BARNABY JOYCE IS INELIGIBLE
A clarification: the government still has its “absolute majority” as Tony Smith can vote in the event of a tied vote.
Byelection for Barnaby Joyce
Indi MP Cathy McGowan has agreed to continue to support the government is matters of confidence.
Scott Ludlam - INELIGIBLE
Larissa Waters - INELIGIBLE
Malcolm Roberts - INELIGIBLE
Fiona Nash - INELIGIBLE
Matt Canavan is ELIGIBLE
Nick Xenophon is ELIGIBLE
Updated
Updated
at 4.23am BST
at 4.58am BST
4.18am BST
4.52am BST
04:18
04:52
Barnaby Joyce is going to a byelection.
Albanese says Joyce has learnt nothing, as he announced the byelection date in his press conference, despite not having the authority to do so.
Joyce said he expected it to be held around 2 December. That is the earliest it can be held, as long as the writs are issued in the next few days.
Updated
Updated
at 4.20am BST
at 4.53am BST
4.16am BST
4.50am BST
04:16
04:50
The court is in session.
Anthony Albanese is speaking to Sky.
He says that both Malcolm Turnbull and Barnaby Joyce have been “humiliated” by what the high court found.
“And that is why it has been so unwise that he has continued to sit as the deputy prime minister.”
Albanese says it is “breathtaking” that Joyce has admitted that he thought the decision would go against him, as he continued to sit in parliament.
Updated
Updated
at 4.20am BST
at 4.52am BST
4.15am BST
4.48am BST
04:15
04:48
We have a minute until the high court sits.
The court accepted Tony Windsor’s counsel’s argument in its judgment, as we said a little earlier.
It will read through the questions of each MP – is there a vacancy, how should it be replaced if there is and so on.
Windsor was represented by Justin Gleeson, for those who remember the court cases from a couple of weeks ago.
So no blanket answer.
Gleeson is the former solicitor general who resigned after a public stoush with attorney general George Brandis
Updated
Updated
at 4.17am BST
at 4.50am BST
4.06am BST
4.45am BST
04:06
04:45
The order we expect the answers in
Just to recap, what we know.
We expect the answers to come in the order the MPs were referred to court.
Barnaby Joyce has been ruled ineligible
That would be:
The government has lost its majority
Matt Canavan
The NSW seat of New England is going to a byelection
Scott Ludlam
The Nationals have also lost their deputy leader, Fiona Nash, a minister
Larissa Waters
The Greens senators Larissa Waters and Scott Ludlam made the right decision in resigning, as the high court ruled them ineligible
Malcolm Roberts
Malcolm Roberts is no longer a senator
Barnaby Joyce
Nick Xenophon and Matt Canavan have been ruled eligible
Fiona Nash
Nick Xenophon’s upcoming resignation means there will be a casual vacancy for the NXT
Nick Xenophon
Updated
Updated
at 4.08am BST
at 4.47am BST
4.02am BST
4.41am BST
04:02
04:41
The defence
The government has just lost its majority.
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.
We are waiting to hear what that means for them.
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.
Barnaby Joyce says that is not what he is focussed on right now:
The Greens argued everyone should go and ignorance is not an excuse.
“I will concentrate on the people of New England,” he said.
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
Updated
at 4.05am BST
at 4.44am BST
3.49am BST
4.40am BST
03:49
04:40
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 members are ineligible:
4.40am BST
The Coalition
04:40
Barnaby Joyce – his fate would be decided at a byelection in his seat of New England
Barnaby Joyce is asked about his personal life being discussed in the media. He says it was disappointing:
Matt Canavan – Joanna Lindgren
I’m not going to participate in it. I will concentrate on the people of New England. That is exactly what I was doing today. I will be talking to people in the streets, the supermarkets, the sale-yards, and making sure that service to them and my nation remains foremost in my mind.
Fiona Nash – Hollie Hughes
The Greens
Larissa Waters – Andrew Bartlett (if found to have been eligible, Waters resignation will spark a casual vacancy)
Scott Ludlam – Jordon Steele-John
Nick Xenophon – Tim Storer (if found to be eligible, Xenophon’s resignation will spark a casual vacancy)
Malcolm Roberts – Fraser Anning
Barnaby Joyce is in his electorate and has announced a press conference for 2.30pm AEST.
The court is due to hand down its judgment at 2.15pm AEDT
Updated
Updated
at 4.12am BST
at 4.41am BST
3.02am BST
4.38am BST
03:02
04:38
Focus turns to high court
Paul Karp is working on the judgment as we speak, but here is the brief summary:
The committee is on lunch suspension and that is where we will leave you with that, because George Brandis is not returning.
The judgment summary #citizenshipseven pic.twitter.com/btDyFo3mzT
So we are going to take a short break while we prepare to bring you all of the news from the high court.
4.36am BST
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.
04:36
Barnaby Joyce and senators Matt Canavan, Fiona Nash, Larissa Waters, Scott Ludlam, Nick Xenophon and Malcolm Roberts will all learn their fate.
Joyce says he doesn’t think he could have done anything more.
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.
“No. The statement of facts are as they are. I had no reason to believe that, you know, I was a citizen of any other country that Australia. That is the way it is.
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.
But he says it has been tough:
Brace yourself: the judgement is coming . And no matter what it is, there will be shockwaves.
“Really tough. Of course it is tough. It is a tough game, politics. You dedicate so much of your time to it. You take the hits and the sacrifices. We all buy the ticket, we know the risks. Now I am going to make sure that I don’t cry in my beer. I will get back to work and were cut for the people in my electorate, the elected of New England, and do the best for my nation which I have always tried to do.”
Updated
Updated
at 3.11am BST
at 4.37am BST
2.42am BST
4.34am BST
02:42
04:34
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.
One Nation’s Malcolm Roberts and Pauline Hanson have announced a press conference for 3pm AEDT.
2.25am BST
02:25
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).
Updated
Updated
at 2.34am BST
at 4.36am BST
2.20am BST
4.34am BST
02:20
04:34
The Nationals NSW director quits
“I was always prepared for this outcome, I don’t actually stand here totally surprised,” Barnaby Joyce says at a press conference in his electorate.
In other breaking news:
He later says: “In my gut I thought this is the way it was going to go.”
#BREAKING Nationals NSW Director @Nathan_Quigley calls it quits #auspol pic.twitter.com/k7KMb6BEQR
He offers his support to his former deputy Fiona Nash and says it is great to see Matt Canavan back.
This has been announced just hours before the party learns if it is heading to a byelection.
“So it’s a pretty simple story, we are off to a byelection.”
Updated
Updated
at 2.33am BST
at 4.50am BST
2.11am BST
4.31am BST
02:11
04:31
Bridget Mackenzie is asking the ROC if they are aware of times union members and leaders who have been under investigation have destroyed documents.
Barnaby Joyce is holding a press conference. He says there will be a byelection around the 2 December.
2.09am BST
02:09
Paul 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.
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:
“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.”
