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| Peter Dutton calls for second leadership spill amid chaos in Canberra – politics live | Peter Dutton calls for second leadership spill amid chaos in Canberra – politics live |
| (35 minutes later) | |
| Senior Labor figures hit the airwaves this morning, seeking to heap pressure on Dutton over the eligibility question. | |
| Tony Burke, manager of opposition business, said: | |
| There are really serious question marks over whether or not the man who wants to be Prime Minister of Australia later on today is even eligible to be a member of Parliament. | |
| And this is because of his financial interests. The constitution’s clear, you can’t be taking cash for your business from the Government and at the same time be a member of Parliament. And so there are really serious questions to answer here. | |
| Progressive forces are already marshalling against Dutton, and GetUp has played a significant role. Earlier this week, the group released focus group research and polling that showed Dutton lacked support and was a relative unknown among voters. | |
| GetUp has now come to parliament. They’re planning an event at 10am. They are gathering with human rights activists with photos of the children still on Nauru. Dutton this week said he was proud of having removed children from detention. GetUP calls this a “lie”. | |
| Shen Narayanasamy, GetUp’s human rights advocate, said Dutton needed to acknowledge the truth. She said: | |
| Backbencher Peter Dutton said he had every child out of detention, but after 5 long years there are still 116 children detained offshore on Nauru. 40 of them were born behind bars. | |
| The only life these children have known are guards shouting, steel fences, and unending detention on a tiny island the size of Melbourne’s airport. Where they’re called by a number, not even a name. | |
| Human rights groups set deadline to get all refugee children off Nauru writes @heldavidson https://t.co/Mq483lHA3T | |
| And more on Dutton’s eligibility. This is from George Williams, one of the most esteemed constitutional experts in the country. He’s read the advice commissioned by Labor and prepared by Bret Walker, SC. Williams is unequivocal. | |
| It is clear that Peter Dutton should be referred to the high court. There is a real prospect that a person seeking to be our PM has breached section 44 of the constitution and is disqualified from parliament. | |
| What does this mean in practical terms? Well, it requires parliament to refer Dutton to the high court, and that’s highly unlikely. What it does do, however, is put more doubt in the minds of those Coalition MPs sitting on the fence in this leadership tussle. | |
| Can they side with a leader who may not even be eligible for parliament? | |
| Having read the advice by Bret Walker SC, it is clear that Peter Dutton should be referred to the High Court. There is a real prospect that a person seeking to be our PM has breached section 44 of the Constitution and is disqualified from Parliament.https://t.co/n2fNxJjXuq | |
| Just a little more on Peter Dutton’s legal advice. He sought it in December last year, so this whole issue has been in play for a long, long time. | |
| Are you still struggling to work out what this is all about? I’ll try to break it down. You’ll remember that earlier this week serious questions were raised about Turnbull’s eligibility for parliament. | |
| Dutton’s problem lies in a section of the constitution (section 44 [v]) that bars MPs from holding a financial interest in the federal government. In this case, it’s alleged that Dutton’s family trust owned a childcare company that was receiving millions in government subsidies renders him ineligible. | |
| Dutton has released his own legal advice, which amounts to two pages. It finds he is in the clear because Dutton’s trust did not have a formal agreement - of the kind referred to in the constitution- with the government to receive the subsidies. What they’re saying, in essence, is that the payments were made under a statutory scheme that required no formal contract with Dutton or his trust. | |
| In the present instance, there is, in my opinion, no “agreement” within the meaning of s.44 (v) to which the trustee company is a party. The only relevant rights which are created are species of statutory entitlement. Accordingly, Mr Dutton cannot have a pecuniary interest in an agreement within the meaning of s.44(v) by virtue of the trustee company’s receipt of payments under this statutory scheme. | |
| The advice, as I say, is only two pages. The lawyer who authored it is not a well-known constitutional expert. | |
| On the other hand, two of Australia’s leading constitutional minds, Anne Twomey and George Williams, have both said Dutton has a case to answer. | |
| Labor also commissioned legal advice from another very senior legal figure, Bret Walker, SC, who found Dutton was arguably ineligible for parliament. Walker’s opinion was more exhaustive and voluminous. It stretches out to about 16 pages. | |
| This all appears to be part of the Dutton camp’s strategy. Keep things moving. Keep the pressure on Turnbull. Try to force him into a party room meeting. | This all appears to be part of the Dutton camp’s strategy. Keep things moving. Keep the pressure on Turnbull. Try to force him into a party room meeting. |
| We saw similar tactics last night. Turnbull is, so far, remaining firm. They are confident they still have the numbers. | We saw similar tactics last night. Turnbull is, so far, remaining firm. They are confident they still have the numbers. |
| One of Turnbull’s key backers, Trent Zimmerman, spoke a little earlier. He said he is aware of no one who has switched to Dutton’s camp since Tuesday. In fact, he says all we’ve seen is some of the cabinet ministers who offered their resignations since re-affirm their loyalty to Turnbull. | One of Turnbull’s key backers, Trent Zimmerman, spoke a little earlier. He said he is aware of no one who has switched to Dutton’s camp since Tuesday. In fact, he says all we’ve seen is some of the cabinet ministers who offered their resignations since re-affirm their loyalty to Turnbull. |
| I’m not aware of anyone who’s changed their views since Tuesday’s party room meeting. | I’m not aware of anyone who’s changed their views since Tuesday’s party room meeting. |
| Does Turnbull have the numbers? | Does Turnbull have the numbers? |
| I’m confident that that’s the case, since Tuesday we’ve obviously also seen strong statement of support from those cabinet ministers that voted for Peter Dutton on Tuesday. | I’m confident that that’s the case, since Tuesday we’ve obviously also seen strong statement of support from those cabinet ministers that voted for Peter Dutton on Tuesday. |
| Blink and you’ll have missed it. Dutton’s press conference was incredibly brief. | Blink and you’ll have missed it. Dutton’s press conference was incredibly brief. |
| He confirmed only that he asked for a second leadership spill. | He confirmed only that he asked for a second leadership spill. |
| I’m going to address the media later on. As I put out, by way of statement earlier, earlier this morning I called the prime minister to advise him that it was my judgement that the majority of the party room no longer supported his leadership. As such, I asked him to convene a meeting of the Liberal party at which I would challenge for the leadership of the parliamentary Liberal party. Thank you very much. | |
| Peter Dutton has just released his own legal advice on his eligibility for parliament. It finds him eligible for parliament. In an accompanying statement, he says the campaign against his eligibility is “spurious and baseless”. | Peter Dutton has just released his own legal advice on his eligibility for parliament. It finds him eligible for parliament. In an accompanying statement, he says the campaign against his eligibility is “spurious and baseless”. |
| Over recent days a spurious and baseless campaign has been conducted against me in relation to an alleged breach of section 44 of the constitution. | Over recent days a spurious and baseless campaign has been conducted against me in relation to an alleged breach of section 44 of the constitution. |
| The timing on the eve of current events in Australian politics is curious. | The timing on the eve of current events in Australian politics is curious. |
| There has never been any doubt about my eligibility to sit in the Parliament and I attach the unequivocal legal advice I obtained in 2017 to that effect. | There has never been any doubt about my eligibility to sit in the Parliament and I attach the unequivocal legal advice I obtained in 2017 to that effect. |
| Earlier, he said he told the prime minister that he no longer supported his leadership and again called for a party room meeting. | Earlier, he said he told the prime minister that he no longer supported his leadership and again called for a party room meeting. |
| A few minutes ago I spoke with Malcolm Turnbull to advise him I believed the majority of the party room no longer supported his leadership. Accordingly, I asked him to convene a party room meeting at which I would challenge for the leadership of the Parliamentary Liberal Party. | A few minutes ago I spoke with Malcolm Turnbull to advise him I believed the majority of the party room no longer supported his leadership. Accordingly, I asked him to convene a party room meeting at which I would challenge for the leadership of the Parliamentary Liberal Party. |
| There have significant other developments in this moving feats this morning. | There have significant other developments in this moving feats this morning. |
| Kevin Hogan, a Nationals MP, has said he will move to the crossbench under a Dutton government. He would still guarantee supply and confidence to the Coalition, he said. That reduces the threat of an early election for Dutton. | Kevin Hogan, a Nationals MP, has said he will move to the crossbench under a Dutton government. He would still guarantee supply and confidence to the Coalition, he said. That reduces the threat of an early election for Dutton. |
| Zed Seselja, a junior minister and Dutton backer, has insisted his resignation be accepted by Turnbull. The resignation has been accepted | Zed Seselja, a junior minister and Dutton backer, has insisted his resignation be accepted by Turnbull. The resignation has been accepted |
| Michael Sukkar, a key player in the rebellion and Dutton backer, has also insisted his resignation be accepted. The resignation has been accepted. | Michael Sukkar, a key player in the rebellion and Dutton backer, has also insisted his resignation be accepted. The resignation has been accepted. |
| The PM has notified the Governor-General he has accepted the resignations of Michael Sukkar & Zed Seselja #auspol | The PM has notified the Governor-General he has accepted the resignations of Michael Sukkar & Zed Seselja #auspol |
| Dutton has immediately hit back. Things are already moving at a cracking pace. | Dutton has immediately hit back. Things are already moving at a cracking pace. |
| He has called a press conference. It is due imminently. We’ll bring you that as soon as it happens. | He has called a press conference. It is due imminently. We’ll bring you that as soon as it happens. |
| Guardian Australia understands the prime minister, Malcolm Turnbull, and Peter Dutton, have spoken this morning. | Guardian Australia understands the prime minister, Malcolm Turnbull, and Peter Dutton, have spoken this morning. |
| The prime minister has told Dutton he needs to see evidence of the requisite number of signatures before calling a party room meeting, at which the leadership ballot would be held. Dutton has not provided such evidence. | The prime minister has told Dutton he needs to see evidence of the requisite number of signatures before calling a party room meeting, at which the leadership ballot would be held. Dutton has not provided such evidence. |
| Good morning, and welcome to another day of chaos in Canberra. | Good morning, and welcome to another day of chaos in Canberra. |
| It’s Christopher Knaus here, ready to take you through what promises to be another day of heady leadership machinations. | It’s Christopher Knaus here, ready to take you through what promises to be another day of heady leadership machinations. |
| Things are moving quickly already this morning. | Things are moving quickly already this morning. |
| We’re learning that Peter Dutton has spoken with the Prime Minister Malcolm Turnbull to request another party room meeting. | We’re learning that Peter Dutton has spoken with the Prime Minister Malcolm Turnbull to request another party room meeting. |
| “A few minutes ago I spoke with Malcolm Turnbull to advise him I believed the majority of the party room no longer supported his leadership,” he wrote on Twitter. | “A few minutes ago I spoke with Malcolm Turnbull to advise him I believed the majority of the party room no longer supported his leadership,” he wrote on Twitter. |
| “Accordingly, I asked him to convene a party room meeting at which I would challenge for the leadership of the Parliamentary Liberal Party.” | “Accordingly, I asked him to convene a party room meeting at which I would challenge for the leadership of the Parliamentary Liberal Party.” |
| After failing to force a second leadership spill last night, Peter Dutton’s camp is beating the drum already this morning. We’re learning that conservative Senator Zed Seselja - one of the group of MPs who tried to quit the front bench after the spill on Monday - is now urging the Prime Minister Malcolm Turnbull to accept his resignation. | After failing to force a second leadership spill last night, Peter Dutton’s camp is beating the drum already this morning. We’re learning that conservative Senator Zed Seselja - one of the group of MPs who tried to quit the front bench after the spill on Monday - is now urging the Prime Minister Malcolm Turnbull to accept his resignation. |
| On the other side another Nationals member, this time New South Wales MP Kevin Hogan, has said he will sit on the crossbench if there is a leadership change. | On the other side another Nationals member, this time New South Wales MP Kevin Hogan, has said he will sit on the crossbench if there is a leadership change. |
| Hogan has said he would still vote against motions of no confidence against the government and provide supply, but it sends a strong message. Here’s what happened yesterday: | Hogan has said he would still vote against motions of no confidence against the government and provide supply, but it sends a strong message. Here’s what happened yesterday: |
| Late on Wednesday evening backers of Peter Dutton began circulating a petition to force a party room meeting. The push was unsuccessful, and the number of signatures remain unclear. We do know that it exists, though, which is something. A party room meeting can either take place tomorrow or in the next sitting period in September. The Liberal MP Jane Prentice said she thought the petition had about nine signatures on it yesterday evening. Estimates on the numbers have varied wildly. | Late on Wednesday evening backers of Peter Dutton began circulating a petition to force a party room meeting. The push was unsuccessful, and the number of signatures remain unclear. We do know that it exists, though, which is something. A party room meeting can either take place tomorrow or in the next sitting period in September. The Liberal MP Jane Prentice said she thought the petition had about nine signatures on it yesterday evening. Estimates on the numbers have varied wildly. |
| Earlier, Dutton outlined a policy manifesto as he pitched himself as an alternative leader. One of his policies was removing the GST from energy bills for families and pensioners. The idea was widely ridiculed as an unworkable “thought bubble” and “piecemeal”. The Treasurer Scott Morrison, who is digging in with Turnbull, said it would be a budget “blower”. | Earlier, Dutton outlined a policy manifesto as he pitched himself as an alternative leader. One of his policies was removing the GST from energy bills for families and pensioners. The idea was widely ridiculed as an unworkable “thought bubble” and “piecemeal”. The Treasurer Scott Morrison, who is digging in with Turnbull, said it would be a budget “blower”. |
| Dutton also confirmed he was still working the phones, trying to drum up enough support for a second tilt at the leadership. | Dutton also confirmed he was still working the phones, trying to drum up enough support for a second tilt at the leadership. |
| James McGrath became the third frontbencher to resign from cabinet, following Dutton and Concetta Fierravanti-Wells. McGrath is a former Turnbull insider. His loss is significant. As I mentioned, he’s now joined by Seselja and the earlier resignation of Concetta Fierravanti-Wells. | James McGrath became the third frontbencher to resign from cabinet, following Dutton and Concetta Fierravanti-Wells. McGrath is a former Turnbull insider. His loss is significant. As I mentioned, he’s now joined by Seselja and the earlier resignation of Concetta Fierravanti-Wells. |
| Turnbull, meanwhile, tried desperately to keep his cabinet together and stare down the rebels. He appeared alongside the treasurer, Scott Morrison, and the finance minister, Mathias Cormann, two figures of authority within the Coalition, and said that those who had previously offered their resignations had since re-pledged their loyalty to him. | Turnbull, meanwhile, tried desperately to keep his cabinet together and stare down the rebels. He appeared alongside the treasurer, Scott Morrison, and the finance minister, Mathias Cormann, two figures of authority within the Coalition, and said that those who had previously offered their resignations had since re-pledged their loyalty to him. |
| Amid all of this, questions about Dutton’s eligibility for parliament have continued to swirl. Labor went hard on the issue during question time, before Turnbull referred the matter to the solicitor general for consideration. Late on Wednesday, Labor released advice from Bret Walker, SC, suggesting Dutton was not eligible for election and therefore not eligible to sit in the current parliament. | Amid all of this, questions about Dutton’s eligibility for parliament have continued to swirl. Labor went hard on the issue during question time, before Turnbull referred the matter to the solicitor general for consideration. Late on Wednesday, Labor released advice from Bret Walker, SC, suggesting Dutton was not eligible for election and therefore not eligible to sit in the current parliament. |
| Tony Abbott denied doing any deal to secure a cabinet position under a Dutton government. | Tony Abbott denied doing any deal to secure a cabinet position under a Dutton government. |
| The Coalition has dumped two policies, one of which was a key part of its agenda. The corporate tax cut bill was blocked in the Senate, and Turnbull said it would not be taken to the next election. The government also said it would stop trying to repeal the energy supplement, a payment to low-income welfare recipients to help with energy costs. | The Coalition has dumped two policies, one of which was a key part of its agenda. The corporate tax cut bill was blocked in the Senate, and Turnbull said it would not be taken to the next election. The government also said it would stop trying to repeal the energy supplement, a payment to low-income welfare recipients to help with energy costs. |