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| Solicitor general says Dutton likely to be eligible but 'some risk' high court would disagree – politics live | |
| (35 minutes later) | |
| Andy Vesey, the chief executive of AGL Energy, is stepping down. | |
| AGL told the stock exchange this morning that Vesey was no longer a member of the board. | |
| Just two weeks ago, as rumours swirled about Vesey’s tenure, he’d declared he had “no intentions of going anywhere.” | |
| But now AGL has replaced Vesey with an interim CEO “effective today.” | |
| To ensure a smooth transition, he will remain employed by AGL in an “advisory capacity” to the board until 31 December. | |
| Brett Redman, AGL’s chief financial officer, has been appointed interim CEO, and while Redman performs the role, his fixed remuneration will be $1.05m a year, and he’ll get an additional $100,000 for each month pro-rated for any part-month. | |
| Vesey had been head of AGL for almost four years, during one of the most tumultuous periods in Australia’s energy policy history. | |
| He endured the ire of members of the federal Coalition, such as Tony Abbott, because he had insisted on closing AGL’s ageing Liddell power station. | |
| In May, he rejected a bid from Alinta to buy Liddell, and confirmed the power station would shut in 2022, saying Alinta’s offer was “not in the best interests of AGL or its shareholders.” | |
| Tony Abbott then pounced on the decision, using his regular radio spot on 2GB to brand it as a “strike against the national interest in the same way a militant union might strike against the national interest”. | |
| Abbott then repeated his demand that the government compulsorily acquire Liddell. | |
| Former deputy prime minister and Nationals leader Barnaby Joyce also blasted AGL. “We need to grab AGL, cart them back in and say, ‘this is BS, you are taking us for a ride, you think we are fools and the Australian people are not, and they are not going to pay for your market manipulation, which is what is coming next’.” | |
| Joyce has previously accused AGL of “shorting” the market by hanging on to Liddell rather than selling it to a competitor prepared to extend its operating life – a charge the company rejected. | |
| Liberal MP Warren Entsch has now signed the petition calling for a party room meeting, Guardian Australia understands. | |
| You’ll remember he previously said he would provide the 43rd signature, if needed. | |
| It looks a certainty now that this party room meeting will happen and a spill called. | |
| John Alexander, a former tennis great and Liberal MP from NSW, made a similar point to Buchholz earlier. He was speaking to reporters outside parliament, and said the Liberals had not learned their lessons from the previous Abbott-Turnbull spill. | |
| He says: | |
| We are now committing another act of self-harm, greater than the last. | |
| It’s often asked what did playing tennis have to do with politics? A good tennis player, when they lose or make mistakes, they learn from them and try not to do them again. So I can only hope that what we have endured in the last week, we learn this most bitter lesson. | |
| Scott Buchholz, a Queensland Liberal MP and Turnbull backer, is speaking to reporters outside parliament. | |
| Buchholz has signed the petition for party room meeting. This just shows us, again, that MPs from all factions now want a party room meeting. It’s not just Dutton’s camp, although they began circulating the petition. | |
| This morning I signed a letter and I caveated the letter that I supported the office of the prime minister, not the original intent of the letter, which was to support a particular candidate. I do not. I supported the letter because it has morphed ... into a document to bring on a party room meeting so that this can be resolved. | |
| Buchholz, importantly, calls for mechanisms to be put in place to stop the kind of leadership challenges that have blighted Australian politics in the past decade. | |
| He doesn’t detail how you would implement such a mechanism, which risks clashing with fundamental tenets of the Westminister system. | |
| But he declares “our system is broken”. | |
| We have just had it up to the back teeth with the revolving door prime ministership. If I had a wish list, I would wish for two things. One, that we put in mechanisms that prevent this from happening again in the future. And secondly, we look at how we can discourage people who join a political party and then the very day that they’re elected or the day after, they join another party. Cory Bernardi, Jacqui Lambie, Glenn Lazarus, and the half a dozen who have fled from One Nation. That must stop. Our system is broken and it is time for a review. | |
| So that advice, in reality, has thrown more confusion into the mix. | |
| Now, one of the leading constitutional experts in the country, George Williams, says the advice is “spot on”, and says only the high court can now resolve this question. Yikes. | |
| The SG’s advice is spot on. It is more likely that Peter Dutton is not disqualified, but this cannot be stated with certainty. As the SG says, there is a risk he is in breach of section 44. Only the High Court can resolve this cloud of doubt. | |
| The advice is equivocal, if nothing else. The solicitor general says he thinks “there to be some risk” that the high court could conclude there is conflict between Dutton’s duties as a parliamentarian and his personal interests. | |
| Are you scratching your head about all this? | |
| Just to get back to the bare facts, Dutton is under a cloud because he owns, through a trust, a childcare company that has received millions in subsidies from the federal government. The constitution (s44(v)) bars MPs from holding a direct or indirect pecuniary interest in an agreement with the commonwealth. It’s a law designed, at its most basic level, designed to ensure parliamentarians act in the best interests of the people, and not their personal interest. | |
| The advice continues. | |
| Reading on from the paragraph in the last post. | |
| For those reasons I consider there to be some risk, particularly in light of the substantial size of the payments that appear to have been made by the commonwealth to RHT Investments, that the high court might conclude that there is a conflict between Mr Dutton’s duty as a parliamentarian and his personal interests.The court might consider those payments to have created the expectation of benefit to Mr Dutton, on the basis that they would contribute to the amount of surplus income available to be distributed to beneficiaries of the RHT Family Trust, and that Mr Dutton had an indirect pecuniary interest on that basis. However, while that risk cannot be entirely discounted, it would remain necessary for the court to identify an agreement in which Mr Dutton held that interest. I am unable to identify such an agreement. For that reason, I consider that the high court is more likely to conclude that the size of the payments made to RHT Investments is not relevant to the s44(v) analysis, because those payments were made pursuant to statutory entitlements of particular individuals who use child care services operated by RHT Investments. 11. Finally, I consider it unlikely that Mr Dutton is disqualified by reason of payments made to RHT Investments under the Inclusion Support Programme (ISP). | |
| Finally, I consider it unlikely that Mr Dutton is disqualified by reason of payments made to RHT Investments under the Inclusion Support Programme (ISP). | |
| Then roll through to paragraph 69, and the SG says it’s “not possible to reach a definitive conclusion on that matter without more detailed factual information”. | |
| Pity the poor, Stephen Donaghue, the commonwealth solicitor general, caught in the middle of this horrific dogfight.The SG has given a nuanced position on Peter Dutton’s eligibility. “On the facts set out below, in my opinion the better view is that Mr Dutton is not incapable of sitting as a member of the House of Representatives by reasons of s44(v) of the constitution”. | |
| Then there’s more qualification. | Then there’s more qualification. |
| While I consider the position summarised above to represent the better view, it is impossible to state the position with certainty. That is so for three reasons. First, the facts concerning Mr Dutton are unlike those that have previously been assessed against s44(v). Second, as I note below, there may be further facts of which I am presently unaware. Third, there is a significant division of opinion on the high court as to key questions concerning the legal operation of s44(v), which creates some difficulty in predicting the manner in which the court would analyse the facts. There is a possibility, consistently with the approach that the high court recently took in the context of s44(i) of the constitution, that the court might endeavour to create a clearer line in the interests of certainty, which might involve a broader reading of s44(v) than was reflected in some of the judgments in Re Day (No 2). | While I consider the position summarised above to represent the better view, it is impossible to state the position with certainty. That is so for three reasons. First, the facts concerning Mr Dutton are unlike those that have previously been assessed against s44(v). Second, as I note below, there may be further facts of which I am presently unaware. Third, there is a significant division of opinion on the high court as to key questions concerning the legal operation of s44(v), which creates some difficulty in predicting the manner in which the court would analyse the facts. There is a possibility, consistently with the approach that the high court recently took in the context of s44(i) of the constitution, that the court might endeavour to create a clearer line in the interests of certainty, which might involve a broader reading of s44(v) than was reflected in some of the judgments in Re Day (No 2). |
| The momentum towards the party room meeting now looks unstoppable but just for the record, Warren Entsch tells me the Dutton petition is still one short. | The momentum towards the party room meeting now looks unstoppable but just for the record, Warren Entsch tells me the Dutton petition is still one short. |
| Entsch has offered to be the 43rd signature to break the deadlock, just to ensure the leadership spiral doesn’t go beyond today. But the Dutton folks haven’t turned up with the document yet. | Entsch has offered to be the 43rd signature to break the deadlock, just to ensure the leadership spiral doesn’t go beyond today. But the Dutton folks haven’t turned up with the document yet. |
| “I don’t want to leave here without a meeting,” he tells me. | “I don’t want to leave here without a meeting,” he tells me. |
| Entsch is in a state of total despair about the state of federal politics. | Entsch is in a state of total despair about the state of federal politics. |
| This cancer started when Brendan Nelson got trashed, and it’s never been the bloody same since. Rolling leaders has become a culture. We’ve got to clean it. We have to. It’s about time for a bit of loyalty, a bit of respect. | This cancer started when Brendan Nelson got trashed, and it’s never been the bloody same since. Rolling leaders has become a culture. We’ve got to clean it. We have to. It’s about time for a bit of loyalty, a bit of respect. |
| Right, we’ve now got that legal advice in full. It’s slightly more qualified than previously reported. | Right, we’ve now got that legal advice in full. It’s slightly more qualified than previously reported. |
| The crucial paragraph says the following: | The crucial paragraph says the following: |
| On the facts set out below, in my opinion the better view is that Mr Dutton is not incapable of sitting as a member of the House of Representatives by reasons of s 44(v) of the Constitution. | On the facts set out below, in my opinion the better view is that Mr Dutton is not incapable of sitting as a member of the House of Representatives by reasons of s 44(v) of the Constitution. |
| We are still working through this advice. It’s 27 pages long and it landed in my inbox about a minute ago. As you can appreciate with constitutional law, it’s dense and legalistic. Stay with us. | We are still working through this advice. It’s 27 pages long and it landed in my inbox about a minute ago. As you can appreciate with constitutional law, it’s dense and legalistic. Stay with us. |
| The 2GB radio host Ray Hadley has just had a spray at Malcolm Turnbull on his morning radio show. | The 2GB radio host Ray Hadley has just had a spray at Malcolm Turnbull on his morning radio show. |
| He’s very angry that Turnbull is refusing to fall on his sword politely. | He’s very angry that Turnbull is refusing to fall on his sword politely. |
| His complaint – which mirrors the complaints of other media showmen who have been stridently anti-Turnbull, like Sky News’ Andrew Bolt – is that Turnbull has laid some booby traps for Dutton on his way out the door. | His complaint – which mirrors the complaints of other media showmen who have been stridently anti-Turnbull, like Sky News’ Andrew Bolt – is that Turnbull has laid some booby traps for Dutton on his way out the door. |
| “It’s a low, low act,” Hadley declared. | “It’s a low, low act,” Hadley declared. |
| He then swerved topics, saying no one but Dutton will have the ability to address the problem with Australia’s immigration levels. | He then swerved topics, saying no one but Dutton will have the ability to address the problem with Australia’s immigration levels. |
| “If Scott Morrison’s the prime minister there’ll be no chance because he’s been fervent supporter of maintaining a couple of hundred thousand people a year. So too has Julie Bishop,” he said. “The only person who wants to change it is Peter Dutton. | “If Scott Morrison’s the prime minister there’ll be no chance because he’s been fervent supporter of maintaining a couple of hundred thousand people a year. So too has Julie Bishop,” he said. “The only person who wants to change it is Peter Dutton. |
| “I have lived for the bulk of my life in Sydney. Now previously on the program I’ve shared with you the battle to cross from where I live in the north-western part of Sydney to somewhere like Leichhardt Oval on a Thursday to arrive going to the football. | “I have lived for the bulk of my life in Sydney. Now previously on the program I’ve shared with you the battle to cross from where I live in the north-western part of Sydney to somewhere like Leichhardt Oval on a Thursday to arrive going to the football. |
| “Getting from one part of Sydney to another is almost impossible during peak, whether you’re going from the north side – the northern beaches – to the [Sutherland] Shire, or you’re going to the south-west on the M5 or going to the west on the M2, the M7, or going north on the M1. | “Getting from one part of Sydney to another is almost impossible during peak, whether you’re going from the north side – the northern beaches – to the [Sutherland] Shire, or you’re going to the south-west on the M5 or going to the west on the M2, the M7, or going north on the M1. |
| “It’s just an impossible mission. | “It’s just an impossible mission. |
| “Sydney is bursting at the seams. It doesn’t matter which way you go … and yet there’s very little discussion from key people in politics about supporting a slowdown in immigration, like Dick Smith has advocated for quite some time, like [former Labor NSW premier] Bob Carr has advocated for quite some time. | “Sydney is bursting at the seams. It doesn’t matter which way you go … and yet there’s very little discussion from key people in politics about supporting a slowdown in immigration, like Dick Smith has advocated for quite some time, like [former Labor NSW premier] Bob Carr has advocated for quite some time. |
| “It’s one of the biggest issues confronting capital cities in the country and it’s a really big issue for those of us who live in Sydney at the moment or Melbourne, and to a lesser extent Brisbane.” | “It’s one of the biggest issues confronting capital cities in the country and it’s a really big issue for those of us who live in Sydney at the moment or Melbourne, and to a lesser extent Brisbane.” |
| Sky News is reporting the solicitor general’s advice finds that Peter Dutton is “not incapable” of sitting as a member of parliament. That will be of significant relief for Dutton. | Sky News is reporting the solicitor general’s advice finds that Peter Dutton is “not incapable” of sitting as a member of parliament. That will be of significant relief for Dutton. |
| We’re still working to get a copy of the advice in full and will let you know, as soon as we have it. | We’re still working to get a copy of the advice in full and will let you know, as soon as we have it. |
| Another significant development. The attorney general, Christian Porter, has confirmed the advice on Dutton’s eligibility has been received from the solicitor general. The statement reads: | Another significant development. The attorney general, Christian Porter, has confirmed the advice on Dutton’s eligibility has been received from the solicitor general. The statement reads: |
| I have today received advice from the solicitor general, Mr Stephen Donoghue QC, regarding the eligibility of Mr Peter Dutton to sit as a member of the House of Representatives. | I have today received advice from the solicitor general, Mr Stephen Donoghue QC, regarding the eligibility of Mr Peter Dutton to sit as a member of the House of Representatives. |
| That advice has been provided to both the prime minister and to Mr Dutton. | That advice has been provided to both the prime minister and to Mr Dutton. |
| We don’t yet have the advice. But there are indications it will be released publicly ahead of the party room meeting. | We don’t yet have the advice. But there are indications it will be released publicly ahead of the party room meeting. |
| Liberal MPs are continuing to arrive at parliament this morning. Most, it’s fair to say, look suitably despondent about the crisis gripping their party. | Liberal MPs are continuing to arrive at parliament this morning. Most, it’s fair to say, look suitably despondent about the crisis gripping their party. |
| Sarah Henderson, a Victorian Liberal, says: | Sarah Henderson, a Victorian Liberal, says: |
| I am personally devastated by what is occurring. We just have to get through today as quickly as we can and reunite. | I am personally devastated by what is occurring. We just have to get through today as quickly as we can and reunite. |
| We’re also hearing more and more MPs saying they signed the petition just to resolve this mess with urgency. That does not mean they’re backing Dutton, obviously. | We’re also hearing more and more MPs saying they signed the petition just to resolve this mess with urgency. That does not mean they’re backing Dutton, obviously. |
| It seems pretty safe to say those 43 signatures (a majority of the party) will be on this thing by morning’s end. | It seems pretty safe to say those 43 signatures (a majority of the party) will be on this thing by morning’s end. |
| Alex Hawke, a NSW Liberal and assistant minister, had this to say: | Alex Hawke, a NSW Liberal and assistant minister, had this to say: |
| It’s a big thing today to sign a petition but there are good people on that petition. | It’s a big thing today to sign a petition but there are good people on that petition. |
| I think people today want to have this resolved. I think colleagues want to have it resolved I do think people will sign the petition, I think they will sign the petition not because they want to, but because they want to see the issue resolved today. | I think people today want to have this resolved. I think colleagues want to have it resolved I do think people will sign the petition, I think they will sign the petition not because they want to, but because they want to see the issue resolved today. |
| We’re getting reports in that the prime minister has received that critical piece of legal advice about the eligibility of Peter Dutton and will publish it publicly. We are trying to confirm those reports as we speak. | We’re getting reports in that the prime minister has received that critical piece of legal advice about the eligibility of Peter Dutton and will publish it publicly. We are trying to confirm those reports as we speak. |
| This is the advice, you’ll remember, from the solicitor general that Turnbull so desperately wanted to put before the party room meeting ahead of a spill. | This is the advice, you’ll remember, from the solicitor general that Turnbull so desperately wanted to put before the party room meeting ahead of a spill. |
| The advice will play a critical role in this whole saga. If the advice is unequivocal that Dutton is not eligible, it could throw a real spanner in the works for his leadership ambitions. Remember, only the high court can rule Dutton eligible or ineligible for office, and only the lower house can refer Dutton to the high court. | The advice will play a critical role in this whole saga. If the advice is unequivocal that Dutton is not eligible, it could throw a real spanner in the works for his leadership ambitions. Remember, only the high court can rule Dutton eligible or ineligible for office, and only the lower house can refer Dutton to the high court. |
| But if the solicitor general rules him ineligible, the question becomes this: could the party elect a prime minister that is more than likely not eligible for parliament? Or would it be enough to sway more MPs over to a Morrison or Bishop vote? | But if the solicitor general rules him ineligible, the question becomes this: could the party elect a prime minister that is more than likely not eligible for parliament? Or would it be enough to sway more MPs over to a Morrison or Bishop vote? |
| Breaking: the PM is about to receive the Solicitor General’s advice and will publish it before the partyroom meeting. It will be PUBLICLY released #auspol @abcnews | Breaking: the PM is about to receive the Solicitor General’s advice and will publish it before the partyroom meeting. It will be PUBLICLY released #auspol @abcnews |
| The Greens leader, Richard Di Natale, spoke to ABC radio a little earlier this morning. He made the point that whatever happens in this ballot, action on climate change, however meek, now looks unlikely. Turnbull dumped his signature energy and climate policy to appease conservatives, who then decided it wasn’t enough and knifed him anyway. | The Greens leader, Richard Di Natale, spoke to ABC radio a little earlier this morning. He made the point that whatever happens in this ballot, action on climate change, however meek, now looks unlikely. Turnbull dumped his signature energy and climate policy to appease conservatives, who then decided it wasn’t enough and knifed him anyway. |
| Turnbull announced the policy wouldn’t be taken to the next election, and you’d hardly expect any of his successors to backtrack on that, given it precipitated the demise of the PM. | Turnbull announced the policy wouldn’t be taken to the next election, and you’d hardly expect any of his successors to backtrack on that, given it precipitated the demise of the PM. |
| Here’s what Di Natale had to say: | Here’s what Di Natale had to say: |
| Regardless of who wins the ballot, we’re not going to see any action on climate change. At a time when 100% of NSW is in drought, we’ve had bushfires right across NSW, in winter for goodness sake. We’ve got the Great Barrier Reef on the brink of collapse. We’ve got no energy policy now. | Regardless of who wins the ballot, we’re not going to see any action on climate change. At a time when 100% of NSW is in drought, we’ve had bushfires right across NSW, in winter for goodness sake. We’ve got the Great Barrier Reef on the brink of collapse. We’ve got no energy policy now. |
| We have a party that has decided that it’s own pathway to electoral success is to talk about the fact that we’ve got to many people coming to this country, rather than addressing infrastructure and all those things that we know lead to a decent society. | We have a party that has decided that it’s own pathway to electoral success is to talk about the fact that we’ve got to many people coming to this country, rather than addressing infrastructure and all those things that we know lead to a decent society. |
| The reality is that the Liberal party now, right now, is controlled by a backward looking, rightwing faction, that are trying to take us back decades. | The reality is that the Liberal party now, right now, is controlled by a backward looking, rightwing faction, that are trying to take us back decades. |
| Right, we’ve got some immediate breaking news. | Right, we’ve got some immediate breaking news. |
| Warren Entsch, a Queensland Liberal who played a critical role supporting the same-sex marriage debate, has just indicated he will be the 43rd signature on the petition, if needed. | Warren Entsch, a Queensland Liberal who played a critical role supporting the same-sex marriage debate, has just indicated he will be the 43rd signature on the petition, if needed. |
| He adds to a pool of Liberal MPs who are signing this petition out of frustration with the current mess. He wants stability and a resolution to the deadlock. | He adds to a pool of Liberal MPs who are signing this petition out of frustration with the current mess. He wants stability and a resolution to the deadlock. |
| Entsch is an interesting character. He gives lie to the fact that you need to lurch to the right to win votes in Queensland. That’s the motivation behind Dutton’s push for the leadership after the disastrous byelection result in Longman. | Entsch is an interesting character. He gives lie to the fact that you need to lurch to the right to win votes in Queensland. That’s the motivation behind Dutton’s push for the leadership after the disastrous byelection result in Longman. |
| #breaking Queensland Liberal Warren Entsch has indicated he will be the 43rd signature to the leadership petition – but only if it needed. ABC understands he has repeatedly refused to sign the petitions but will add his name if it will break the deadlock. #libspill @politicsabc | #breaking Queensland Liberal Warren Entsch has indicated he will be the 43rd signature to the leadership petition – but only if it needed. ABC understands he has repeatedly refused to sign the petitions but will add his name if it will break the deadlock. #libspill @politicsabc |
| Hello, and thanks to Michael McGowan for giving me some much-needed sleep this morning. | Hello, and thanks to Michael McGowan for giving me some much-needed sleep this morning. |
| We’re about three hours out from the all-important party room meeting. So buckle up, let’s walk hand-in-hand together across this political wasteland. | We’re about three hours out from the all-important party room meeting. So buckle up, let’s walk hand-in-hand together across this political wasteland. |
| I was despairing at the state of affairs when I got home late last night. But then a plucky little fella named Burt Reynolds made me smile, despite the inanity of it all. He’s ready for a spill. So I suppose we all should be too. | I was despairing at the state of affairs when I got home late last night. But then a plucky little fella named Burt Reynolds made me smile, despite the inanity of it all. He’s ready for a spill. So I suppose we all should be too. |
| Dear #auspol, I’m ready! #libspill @knausc https://t.co/1BPLVyxkz1 pic.twitter.com/wTorCDtt8h | Dear #auspol, I’m ready! #libspill @knausc https://t.co/1BPLVyxkz1 pic.twitter.com/wTorCDtt8h |