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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)
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.
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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
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5.22am BST
05:22
The prime minister has announced a media conference for 3.30pm AEDT.
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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.
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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.
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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.
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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.
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5.12am BST
05:12
Hanson begins to get angry at suggestions her party processes were not in order, given she has now lost two senators (including Rod Culleton).
“It is devastating what is happened, but I am not the only person here facing this, the other parties are, and One Nation hasn’t been around as long as the others. You think they would have got it right and they haven’t.”
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5.10am BST
05:10
Malcolm Roberts “expresses his regret” but does not accept that he was wrong.
Pauline Hanson does not apologise for saying “hand on heart” she could assure the Australian people that she had seen Roberts’ documents and he was not a dual citizen.
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5.08am BST
05:08
Malcolm Roberts to run in Queensland state election
Malcolm Roberts is speaking at a press conference in parliament. He is standing next to Pauline Hanson, who is highly emotional and looks to have tears in her eyes.
He thanks Hanson for “never flinching”.
Hanson says she is “absolutely devastated at losing” Malcolm Roberts, who she describes as “unique”.
She says Queensland has not lost Malcolm Roberts - he will stand for the seat of Ipswich in the Queensland state election.
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5.06am BST
05:06
Tanya Plibersek is speaking at a press conference in Sydney:
We’re not planning any mischief, we are deeply concerned that Australia is facing a period of uncertainty because this prime minister has insisted on keeping to ministers on his front bench who have been not only in eligible to be ministers but in eligible to be in the parliament – two ministers. It’s bizarre that the prime minister asked Senator Canavan to stand aside, he’s been found to be in eligible the whole time, and didn’t ask Barnaby Joyce or Senator Nash to stand aside. They’ve been found to be ineligible.
I think one of the extraordinary revelations this afternoon is Barnaby Joyce thought himself ineligible, he said he was prepared for this outcome, and yet day after day in the parliament he’s been voting on legislation, some legislation that is passed only very narrowly with very serious consequences, he’s been making decisions as a minister, all of those decisions are now perhaps subject to legal challenge. All the while the deputy prime minister thought he was ineligible to be a member of parliament.
Of course the real question here goes to the judgement shown by Malcolm Turnbull. Malcolm Turnbull stood up in parliament and said that he was absolutely confident that Barnaby Joyce was eligible to be a member of parliament and the high court will so hold. I mean, extraordinary that the prime minister would be assuming what the high court would find and in fact turning out to be utterly wrong in his assumptions.
We’ve got a prime minister who is made these bad judgement calls again and again when he should have asked Barnaby Joyce to stand aside, he should have asked Senator Nash to stand aside from the cabinet, he allowed them to continue. He got the call on Senator Canavan wrong too and now, of course, he’s defending Michaelia Cash in the same way he defended Barnaby Joyce.
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5.02am BST
05:02
In terms of who will take over as Nationals leader, there were reports it would be Nigel Scullion.
That is yet to be confirmed. There is also Matt Canavan in the mix, now that he has been found safe.
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5.01am BST
05:01
I’ve just been told the prime minister will speak in the next hour or so.
4.59am BST4.59am BST
04:5904:59
There is a sitting of parliament before the byelection is held. The house is scheduled to sit on 27 November.There is a sitting of parliament before the byelection is held. The house is scheduled to sit on 27 November.
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. Malcolm Turnbull is due to fly to Israel this afternoon. Once he leaves the country, (if he still does) I believe Julie Bishop would be acting prime minister, now that Barnaby Joyce no longer sits in parliament.
UpdatedUpdated
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4.55am BST4.55am BST
04:5504:55
A clarification: the government still has its “absolute majority” as Tony Smith can vote in the event of a tied vote.A clarification: the government still has its “absolute majority” as Tony Smith can vote in the event of a tied vote.
Indi MP Cathy McGowan has agreed to continue to support the government is matters of confidence.Indi MP Cathy McGowan has agreed to continue to support the government is matters of confidence.
UpdatedUpdated
at 4.58am BSTat 4.58am BST
4.52am BST4.52am BST
04:5204:52
Albanese says Joyce has learnt nothing, as he announced the byelection date in his press conference, despite not having the authority to do so.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.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.
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4.50am BST4.50am BST
04:5004:50
Anthony Albanese is speaking to Sky.Anthony Albanese is speaking to Sky.
He says that both Malcolm Turnbull and Barnaby Joyce have been “humiliated” by what the high court found.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.”“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.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.
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4.48am BST
04:48
The court accepted Tony Windsor’s counsel’s argument in its judgment, as we said a little earlier.
Windsor was represented by Justin Gleeson, for those who remember the court cases from a couple of weeks ago.
Gleeson is the former solicitor general who resigned after a public stoush with attorney general George Brandis
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4.45am BST
04:45
Just to recap, what we know.
Barnaby Joyce has been ruled ineligible
The government has lost its majority
The NSW seat of New England is going to a byelection
The Nationals have also lost their deputy leader, Fiona Nash, a minister
The Greens senators Larissa Waters and Scott Ludlam made the right decision in resigning, as the high court ruled them ineligible
Malcolm Roberts is no longer a senator
Nick Xenophon and Matt Canavan have been ruled eligible
Nick Xenophon’s upcoming resignation means there will be a casual vacancy for the NXT
Updated
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4.41am BST
04:41
The government has just lost its majority.
We are waiting to hear what that means for them.
Barnaby Joyce says that is not what he is focussed on right now:
“I will concentrate on the people of New England,” he said.
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4.40am BST
04:40
Empty chair #estimates @AmyRemeikis @GuardianAus @murpharoo #politicslive pic.twitter.com/LqcAMKwJ9U
4.40am BST
04:40
Barnaby Joyce is asked about his personal life being discussed in the media. He says it was disappointing:
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.
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4.38am BST
04:38
Paul Karp is working on the judgment as we speak, but here is the brief summary:
The judgment summary #citizenshipseven pic.twitter.com/btDyFo3mzT
4.36am BST
04:36
Joyce says he doesn’t think he could have done anything more.
“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.
But he says it has been tough:
“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.”
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4.34am BST
04:34
One Nation’s Malcolm Roberts and Pauline Hanson have announced a press conference for 3pm AEDT.
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4.34am BST
04:34
“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.
He later says: “In my gut I thought this is the way it was going to go.”
He offers his support to his former deputy Fiona Nash and says it is great to see Matt Canavan back.
“So it’s a pretty simple story, we are off to a byelection.”
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4.31am BST
04:31
Barnaby Joyce is holding a press conference. He says there will be a byelection around the 2 December.
Updated
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