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| Pressure builds on Turnbull as high court delays Fiona Nash replacement | Pressure builds on Turnbull as high court delays Fiona Nash replacement |
| (about 3 hours later) | |
| The high court has delayed filling Fiona Nash’s Senate seat with the Liberal Hollie Hughes to consider a challenge against her eligibility because she took a taxpayer-funded job after the 2016 election. | The high court has delayed filling Fiona Nash’s Senate seat with the Liberal Hollie Hughes to consider a challenge against her eligibility because she took a taxpayer-funded job after the 2016 election. |
| The court’s decision came as the prime minister refused to answer questions about whether he had spoken to the governor general and provided an assurance that he could continue to provide stable government in light of the rolling citizenship debacle. | The court’s decision came as the prime minister refused to answer questions about whether he had spoken to the governor general and provided an assurance that he could continue to provide stable government in light of the rolling citizenship debacle. |
| Asked in Vietnam by travelling reporters whether any discussions had occurred with the head of state, Malcolm Turnbull dead-batted the question. “I never comment on discussions with the governor general.” | Asked in Vietnam by travelling reporters whether any discussions had occurred with the head of state, Malcolm Turnbull dead-batted the question. “I never comment on discussions with the governor general.” |
| Pressed a second time as to whether he had discussed the stability of the government with the governor general, Turnbull repeated his answer. | Pressed a second time as to whether he had discussed the stability of the government with the governor general, Turnbull repeated his answer. |
| Turnbull was asked the question after the Greens leader, Richard Di Natale, revealed on Friday morning he was seeking advice from the Senate clerk about whether senators can contact the governor general in the event they believe the legitimacy of the parliament has been called into question. | Turnbull was asked the question after the Greens leader, Richard Di Natale, revealed on Friday morning he was seeking advice from the Senate clerk about whether senators can contact the governor general in the event they believe the legitimacy of the parliament has been called into question. |
| Di Natale is yet to receive definitive advice back from the clerk about what, if any, mechanism could be used to contact the governor general, but he contended it was unclear at the moment whether the Coalition had the numbers to govern. | Di Natale is yet to receive definitive advice back from the clerk about what, if any, mechanism could be used to contact the governor general, but he contended it was unclear at the moment whether the Coalition had the numbers to govern. |
| With the Turnbull government and Labor still brawling about the terms of the new disclosure regime to ensure MPs are not dual citizens, the high court on Friday formally declared replacements for three current vacancies, installing Jordon Steele-John to replace Scott Ludlam, Fraser Anning to replace Malcolm Roberts and Andrew Bartlett to replace Larissa Waters. | With the Turnbull government and Labor still brawling about the terms of the new disclosure regime to ensure MPs are not dual citizens, the high court on Friday formally declared replacements for three current vacancies, installing Jordon Steele-John to replace Scott Ludlam, Fraser Anning to replace Malcolm Roberts and Andrew Bartlett to replace Larissa Waters. |
| The high court ruled Nash, Ludlam, Roberts and Waters ineligible in the so-called citizenship seven decision because they held foreign citizenship at the 2016 election. | The high court ruled Nash, Ludlam, Roberts and Waters ineligible in the so-called citizenship seven decision because they held foreign citizenship at the 2016 election. |
| On Friday, the high court justice Stephen Gageler held off on declaring elected Hughes, who held the sixth spot on the Coalition Senate ticket at the 2016 election and was due to replace Nash after the Australian Electoral Commission conducted a recount on Monday, because of an affidavit disclosing her tax-payer funded job. | |
| Hughes was appointed by George Brandis to the administrative appeals tribunal in June 2017 after she missed out on a Senate seat. Section 44(iv) of the constitution disqualifies anyone who holds an office of profit under the crown from election. | Hughes was appointed by George Brandis to the administrative appeals tribunal in June 2017 after she missed out on a Senate seat. Section 44(iv) of the constitution disqualifies anyone who holds an office of profit under the crown from election. |
| Constitutional experts have suggested that Hughes could be disqualified because of a high court authority that the election period stretches from the nomination date to the date a seat is validly filled, which included Hughes’s time on the AAT during the period Nash was ineligible. | Constitutional experts have suggested that Hughes could be disqualified because of a high court authority that the election period stretches from the nomination date to the date a seat is validly filled, which included Hughes’s time on the AAT during the period Nash was ineligible. |
| Gageler referred the question to a hearing of the full court on Wednesday. | Gageler referred the question to a hearing of the full court on Wednesday. |
| Hughes resigned her AAT position before the recount on Monday. | Hughes resigned her AAT position before the recount on Monday. |
| Bartlett has faced similar questions due to his employment at a university, but submissions from the solicitor general, Stephen Donaghue, argue that a person should be declare elected in the absence of any evidence before the court they are ineligible. | Bartlett has faced similar questions due to his employment at a university, but submissions from the solicitor general, Stephen Donaghue, argue that a person should be declare elected in the absence of any evidence before the court they are ineligible. |
| Bartlett was therefore chosen to replace Waters due to the absence of challengers willing to take up the point, although may remain vulnerable to challenge depending on the outcome of the Hughes case. | Bartlett was therefore chosen to replace Waters due to the absence of challengers willing to take up the point, although may remain vulnerable to challenge depending on the outcome of the Hughes case. |
| With the Senate set to resume on Monday for a one-week session, Di Natale is upping the ante. On Friday the Greens leader said the major parties were engaged in partisan brawling in the middle of a “constitutional crisis”. | With the Senate set to resume on Monday for a one-week session, Di Natale is upping the ante. On Friday the Greens leader said the major parties were engaged in partisan brawling in the middle of a “constitutional crisis”. |
| He said the stand-off between the government and Labor over the proposed disclosure regime was unedifying. Di Natale said, at the moment, Turnbull was “firing a warning shot to the Labor party – who also clearly have something to hide – saying, if you don’t back off, we’re going to push the nuclear button”. | He said the stand-off between the government and Labor over the proposed disclosure regime was unedifying. Di Natale said, at the moment, Turnbull was “firing a warning shot to the Labor party – who also clearly have something to hide – saying, if you don’t back off, we’re going to push the nuclear button”. |
| He declared Turnbull was “losing the plot, he’s desperate, and what we’ve now got is this mud wrestling when we’re confronting a constitutional crisis.” | He declared Turnbull was “losing the plot, he’s desperate, and what we’ve now got is this mud wrestling when we’re confronting a constitutional crisis.” |
| “We don’t know if the government has the numbers to govern. We don’t know if this parliament is constitutionally valid.” | “We don’t know if the government has the numbers to govern. We don’t know if this parliament is constitutionally valid.” |
| “We are not ruling anything out. We are seeking advice, we hope we will see finally some leadership from the prime minister to rise above this and resolve this. It is a paralysis that is preventing the parliament from acting.” | “We are not ruling anything out. We are seeking advice, we hope we will see finally some leadership from the prime minister to rise above this and resolve this. It is a paralysis that is preventing the parliament from acting.” |
| Turnbull has threatened to send to the high court Labor MPs facing questions about their eligibility, rather than follow the convention of the parliament referring cases by consensus. | Turnbull has threatened to send to the high court Labor MPs facing questions about their eligibility, rather than follow the convention of the parliament referring cases by consensus. |
| The Labor MP Justine Keay, who faces questions over her eligibility, acknowledged on Friday that going to the high court could be “the only step to really put an end to all this and completely clarify it.” | The Labor MP Justine Keay, who faces questions over her eligibility, acknowledged on Friday that going to the high court could be “the only step to really put an end to all this and completely clarify it.” |
| Turnbull was also asked about the status of the Liberal frontbencher John Alexander, who is seeking information from the UK home office. | Turnbull was also asked about the status of the Liberal frontbencher John Alexander, who is seeking information from the UK home office. |
| There are reports Alexander is set to resign, triggering a byelection in the seat of Bennelong, but Turnbull said on Friday that his last information was the Sydney MP was still seeking advice. | There are reports Alexander is set to resign, triggering a byelection in the seat of Bennelong, but Turnbull said on Friday that his last information was the Sydney MP was still seeking advice. |
| Asked whether the MP should stand down or refer himself to the high court, Turnbull said: “If you are satisfied that you are not constitutionally eligible to sit in the parliament, you shouldn’t be sitting.” | Asked whether the MP should stand down or refer himself to the high court, Turnbull said: “If you are satisfied that you are not constitutionally eligible to sit in the parliament, you shouldn’t be sitting.” |
| “That is fundamental.” | “That is fundamental.” |
| He said in cases where there were questions of doubt, those cases should be referred to the high court. “It’s very important that the high court has the opportunity to determine these cases and the high court and only the high court that can determine whether somebody is eligible.” | He said in cases where there were questions of doubt, those cases should be referred to the high court. “It’s very important that the high court has the opportunity to determine these cases and the high court and only the high court that can determine whether somebody is eligible.” |
| Given the current question marks over the eligibility of a number of MPs, Turnbull was asked how many byelections would be too many. “I’m not going to speculate on that,” he said. | Given the current question marks over the eligibility of a number of MPs, Turnbull was asked how many byelections would be too many. “I’m not going to speculate on that,” he said. |