Breaking:
Christopher Pyne has just confirmed the Coalition will not seek to refer any further members to the high court this year – as long as no one on the crossbench changes their mind.
He says tomorrow will be set aside to deal with marriage equality.
“Over the summer break, the high court will rule on the status of Katy Gallagher and that will give more clarity to the status of those other members.”
So there you have it.
The cross bench Independents vote as a block this evening McGowan,Wilkie,Sharkie, Katter & Bandt. @AmyRemeikis @GuardianAus @murpharoo #auspol https://t.co/mYRcz2VI5K pic.twitter.com/SgWSEjlQzL
— Mikearoo (@mpbowers) December 6, 2017
Updated
The wrap
And we might leave it there, because – phew! What a day.
We end it with two referrals to the high court, with Katy Gallagher opening our day with one and David Feeney turning it into a book mark.
Labor has backed off any suggestion it would seek to refer Josh Frydenberg or Arthur Sinodinos, one for a family history that includes fleeing the Holocaust and the other out of respect for his cancer battle.
The next move in this referral chess game is the government’s. Logic would suggest it will seek to refer no one tomorrow, given the difficulty with numbers. Plus, it has to get the marriage equality legislation passed. No one wants to come back here for extra sittings. Especially not me.
That would mean that Katy Gallagher becomes the test case. So we could wait and see what the high court decides in terms of reasonable steps. Because if the high court rules that Gallagher took all the reasonable steps before the nomination, despite not having the confirmation until after the nomination debate, then Susan Lamb, Josh Wilson and Justine Keay are fine. If Gallagher is ruled ineligible, then the others just resign. Feeney though, is a different case. If he can’t prove he renounced properly, Batman will head to a byelection.
Kristina Keneally time, once known as question time, certainly heated up over the citizenship issue, with the prime minister ending it after talking about gas chambers.
The festive spirit has not managed to seep into this building, obviously.
But we might see it end on a positive note.
The government has vowed to have marriage equality passed by the end of the year. There are still about 40 or so speakers on the list. But Peter Dutton all but confirmed today the amendments Tony Abbott wanted to put forward did not have the numbers. He seems happy to let the Philip Ruddock review into religious freedoms sought out any future changes.
I’ll be back bright and early tomorrow morning but a big thank you to my partner-in-crime, Mike Bowers. Go check out his day here and here. Thank you also to the Guardian Australia team and to everyone for following along for these very loooong hours. You do make it easier. Have a wonderful night.
Oh – for those wondering about the Speaker’s casting vote, you can find more information here:
The Speaker exercised his casting vote earlier this evening. Learn more about the use of the Speaker's casting vote, and the principles the Speaker cited in the chamber, here: https://t.co/g01XE8oC2T
— Australian House of Representatives (@AboutTheHouse) December 6, 2017
Updated
The thing about those individual referrals though is the crossbench has just shown that it doesn’t think there should be individual referrals.
Because that vote, 73-73, will be the result every time if the government attempts to force a referral.
Unless it can convince one of the crossbenchers to switch sides, because, as Tony Smith has just pointed out and Tony Burke seconded, the precedent for the Speaker’s casting vote is not to create a majority.
Updated
David Feeney’s case is referred to the high court but he remains in parliament.
We should go back to marriage equality now. Which means tomorrow will not only have the remaining marriage equality speakers, the amendment debate (which should fail) and then the vote, we might also see the government attempt to individually refer MPs it believes there are questions over.
ie: the Labor MPs.
Won’t tomorrow be fun!
Updated
Tony Burke makes it clear “before Twitter goes off” that Smith’s vote was consistent with every precedent. Basically, he is attempting to head off the criticism that Smith sided with the government for partisan lines. Which is nice.
Burke now moves to refer David Feeney to the high court.
Tony Smith gives his casting vote to the “no”s, which he says is in accordance with the standing orders.
So no referrals.
Updated
The result is in
Ayes - 73
Noes - 73
While we wait on the count, here is some Mike Bowers magic:
A division is called
The five crossbenchers have lined up with Labor.
This is going to be a tie.
NXT MP Rebekha Sharkie says she asked her name to be put on the motion and asks the parliament to get its act together.
She only takes a few minutes, but makes her point clear. You can feel her frustration that it has come to this.
“We will hang individually if we don’t hang together,” she says.
At this point, I think it might be a little from column A and a little from column B
Barnaby Joyce is looking so pleased to be back right now.
Updated
Wilkie says if the government doesn’t support this, it points to a “hatchet job by the government on the opposition”.
“Frankly the only way to end this, the only way, is every member of this House with a legitimate concern over their eligibility to sit in the parliament must be referred.”
He says the high court is the only way to decide this issue.
He said the fact that both sides of the parliament had spent so much time lobbying the crossbench to support their side of the motion, putting up the different arguments over why there were questions over certain MP proved their was uncertainty over the eligibility of some members.
It is not our job to understand foreign law. We don’t have the competency.
Updated
Andrew Wilkie is speaking in support of the motion.
He says that many Australians have “had a gutful of politicians, they have had a gutful of politics”.
We have become the laughing stock of this country
Updated
Katter says he “just wants this to stop.”
Every Australian wants this to stop”
Another T-shirt contender.
Updated
Bob Katter now has the floor.
He said he spent six weeks walking the streets and listening to people to see what they were saying.
“And it wasn’t pleasant and it wasn’t edifying.”
Adam Bandt says the government hadn’t adequately answered all the questions regarding its members eligibility.
The test is, in large part, what would the public think is a fair thing to do when there is a legitimate question make over someone. So I would urge the two sides to start having a conversation with each other and, in that conversation, put yourself in the public shoes ... and say what would the public say where there are legitimate question marks?
Updated
“We think there should be an agreed set of names that goes forward from this house ... we will not support picking off people one by one, because the position that would mean at the moment, is that no government member no matter how serious the question would ever get referred,” Bandt says.
He says if the government has concerns over the names on the list, he is open to hearing their arguments.
Updated
Bandt says it is not the role of the parliament to stand in the way of referrals where there are legitimate questions.
He also says the issue can not be partisan and it is wrong for the government to use its numbers to refer opposition members, given the precedent it would set for the future.
Adam Bandt says he would rather be debating marriage equality, but this issue needs to be addressed.
“The noise from nuff nuff corner is just getting a bit much,” he says as government MPs interject.
“The leader of the opposition sees everything through the prism of politics,” Pyne says. “He can never see anything through the prism of principle.”
Pyne says it is unfortunate that Labor “has managed to create enough dust” to get the crossbench to support the motion, as the Liberal MPs involved, he believes have no reason to be referred.
He says it is “intellectually offensive” to refer the Liberal MPs and “implores” the crossbench to reconsider.
Updated
Dealing with the cross bench-leader of the house Christopher Pyne as they begin to debate citizenship eligibility @AmyRemeikis @murpharoo @GuardianAus #politicslive #auspol https://t.co/mYRcz2VI5K pic.twitter.com/JKCeDwKKqJ
— Mikearoo (@mpbowers) December 6, 2017
Christopher Pyne is next.
“I rise more in sorrow than in anger for this particular motion,” Pyne begins [because Labor is playing politics here].
Updated
“We invite you to join us in this resolution, the Australian people will say it makes sense,” he says.
Bill Shorten quotes Jason Falinski’s legal advice, which recommends he seek advice from a foreign law expert and says it cannot be used to determine constitutional eligibility.
“What we are proposing is one rule for all,” Shorten says. “We have an obligation to restore confidence in this parliament.”
Updated
Shorten says the government is “setting two standards” with its refusal to support the motion: that it can refer opposition MPs, but it will decide which government MPs will be referred.
Updated
Now Bill Shorten is up.
He says that he understands “Australians are fundamentally disenchanted” with the parliament and the citizenship issue.
“We are moving this resolution because Australians are fed up with the parliament.”
Updated
Malcolm Turnbull says Labor is doing this for “no reason other than political advantage” and each referral should be dealt with individually.
“This motion debases the House, and if Labor wants to debate this, we are happy to do so, we should debate them one at a time and we should debate them on Thursday after we have dealt with marriage equality”
Updated
Malcolm Turnbull returns to the floor to argue against the motion.
He says it is only being put forward by Labor to distract from their members who were still dual-citizens at the time of their nomination.
Turnbull says if David Feeney can’t find his paperwork, he should resign from parliament, as John Alexander did.
He then reads from the statement from the Hellenic Republic in regards to Alex Hawke and says it would be an embarrassment for the parliament to refer him to the high court, as the foreign government had “stated the member concerned is not a citizen”.
Turnbull says Labor “bullied” the crossbench into supporting the motion.
Either we support this resolution, or the cloud which is currently over this parliament will continue to be there.”
Updated
Tony Burke says in regards to the Liberal MPs Labor wants to refer, there are issues that cannot be explained away by letters from the embassy (he is talking about Nola Marino) because, as he points out, if you had gone to the New Zealand embassy and asked if Barnaby Joyce was on the electoral roll, they would have said no.
He also says that when it comes to Greek heritage, the advice Labor has received is its candidates have to renounce any claim to Greek citizenship, pointing out that some of its members renounce it again and again before each election, just in case (Greece doesn’t usually respond).
Burke says if the vote does not go through with full support, it will be the first time this issue has been voted on, on partisan lines. He says the referral includes Rebekha Sharkie, at her request, even though Labor doesn’t agree with the reasons the government has set out for her referrals (she sent her documents in before the nomination date, but like some Labor MPs, did not receive the confirmation until after the nomination date).
Sharkie nods along as Burke says this.
Burke says if the government doesn’t support the referral, then the issue won’t go away.
Updated
Burke says the timing of the renunciation process has taken months in the case of some MPs and a matter of days for others (he is talking about Coalition MPs who managed to have it done in a very short amount of time, once it became an issue for their election eligibility).
But he says while there was nothing more those members could do, it is for the high court to decide whether or not that was a reasonable step.
Updated
Labor moves motion to refer MPs to high court
Tony Burke is moving Labor’s motion to refer MPs to the high court. That includes Labor MPs, as well as the crossbench and Liberal MPs.
He says the only one which can be considered a self-referral is David Feeney who has asked to have his case referred to the high court.
Brian Mitchell has just apologised for calling an ABC journalist “a maggot” earlier today.
Today has gone places.
And in the Senate:
Communications Minister @SenatorFifield introduced National Broadcasters Legislation Amendment (Enhanced Transparency) Bill 2017 https://t.co/0G1QI0XWrM #auspol
— Political Alert (@political_alert) December 6, 2017
Updated
The crossbench sure was popular during question time today.
Updated
Jason Falinski’s advice is dated 6 December 2017 because he had received draft advice before the 5 December deadline and this version is the final, settled advice.
Falinski told Guardian Australia the settled advice was “not materially different” in its conclusion, but was updated to remove requests for records. Draft advice is not going to be released.
Updated
Just updating from a previous post: the full Scott Morrison quote on “shifty” Bill Shorten was:
“This bloke is shifty as, ‘Shifty Shorten’ is totally shifty.”
Anyone who watches Rick and Morty may understand why I have ‘get swifty’ stuck in my head now.
Updated
Just on Jason Falinski’s legal advice, it says that while Arnold Bloch Leibler believes he does not have any citizenship problems, it also adds “we cannot conclusively advise on foreign law and recommend that you seek independent advice from foreign law experts to confirm our views set out in this process”.
Updated
And another update:
Note the question the lawyer was asked was: has she taken "all steps necessary" under British law, NOT whether this excuses her from the s44(i) disqualification #auspol pic.twitter.com/gMDmPqa8QV
— Paul Karp (@Paul_Karp) December 6, 2017
Looks like that advice is slowly dripping out now, after it was missing from the disclosure records. We have had Nola Marino release further documents, and now Jason Falinski.
This has come after Labor and the crossbench moved to refer MPs with question marks:
Falinski's legal advice on Polish citizenship from Arnold Bloch Leibler @dailytelegraph pic.twitter.com/JVxkdJF3fD
— Kylar Loussikian (@kloussikian) December 6, 2017
Updated
Scenes from question time, as captured by the magical Mike Bowers.
Updated
In the Senate, George Brandis tabled a document that says Arthur Sinodinos was never Greek, because he didn’t register his Greek citizenship.
Penny Wong says Labor’s advice for its Greek-Australian candidates is they have to renounce as they are Greek from birth.
So it continues. However, Labor has said it will not seek to refer Sinodinos (for now) because of his health condition.
Updated
So. That went places.
Just six Kristina Keneally references today.
And gas chambers.
Updated
Question time ends on this note:
Turnbull: he has been out there arguing that Josh Frydenberg is a citizen of a country which - but for the Red Army - would've pushed his mother into a gas chamber #auspol #qt
— Paul Karp (@Paul_Karp) December 6, 2017
Tony Smith says while it is a "hot debate the question was about the NBN". Unfortunate choice of words. #auspol #qt
— Paul Karp (@Paul_Karp) December 6, 2017
Updated
Josh Frydenberg takes a dixer about power prices in New South Wales, for which the answer is Kristina Keneally and Sam Dastyari. Tony Smith interrupts to say the answer needs to be relevant.
Michelle Rowland to Malcolm Turnbull:
“Yesterday the prime minister tried to deny he had promised that every Australian would have access to minimum speeds over the NBN by the end of 2016. Does the prime minister also deny he promised to deliver the NBN for a cost of $29.5bn, or is his recollection as unreliable as the HFC network?”
Turnbull:
“That is a very tough one, Mr Speaker. It is a very tough one. Another blow from the opposition. Right, Mr Speaker, let’s say it again. The NBN was a complete train wreck under Labor. Six years, six years, 50,000 activations. Oh, what a great effort. Do you know how many the NBN does now? It does more than that every two weeks. There is ... over 3.25 million premises that have got the service. The reality is this: Labor’s approach was a catastrophe. Tens of billions of dollars were wasted and can never be recovered. To fulfil Labor’s plan would have taken six to eight years longer and $30bn more. The approach we are taking is getting the job done. The project will be completed. The company assures it’s by 2020. We are getting on with the job and getting it done. Done. We inherited a train wreck from Labor and we are fixing it and delivering it. Labor cannot manage anything. They cannot manage the construction of a broadband network any more than the leader of the opposition can manage his fantastic vetting process.”
Updated
Nola Marino is in the clear - new advice from the Italian embassy. pic.twitter.com/t9Li0Zbst4
— James Massola (@jamesmassola) December 6, 2017
Peter Dutton takes a dixer on border security, as is normal, but he finishes with this intriguing line, while criticising Labor siding with the Greens to accept New Zealand’s refugee offer:
What he doesn’t realise is one of the motions, which we are going to speak about over the course of the coming days, one of the positions that he supported actually goes against a recommendation made out of the inquiry into Man Monis out of the terrible siege in Martin Place. I don’t think he realises that yet. You have sided with the Greens and you don’t understand what you have done. I will give you this assurance. I am going to explain the detail to you in coming days.”
Meanwhile, on the crossbench
Christopher Pyne is all smiles having a chat in between Andrew Wilkie and Cathy McGowan #auspol
— Luke Henriques-Gomes (@lukehgomes) December 6, 2017
Bill Shorten to Malcolm Turnbull:
“Last night on 7.30 families of delivery drivers told stories of demands that Tip Top made on their drivers. One driver said after he returned to work after having a lung removed. He called in sick but was told he was under contract. He gave up work all together after driving as long as he could and died later that year. Why didn’t the government put something in place to ensure safe and fair conditions for contract drivers?”
Turnbull:
“The road safety remuneration tribunal, so-called, set up at the behest of the Transport Workers Union, put 50,000 owner drivers off the road. 50,000 owner drivers off the road. Very cosy for the big union and big trucking companies. That is – it was absolutely true. It is absolutely true ...
“We are committed to safer roads and we are committed to backing safe trucking, safety for family businesses for truckers, whether they are working for themselves or for big companies. We are putting the resources in to back that. Labor set out to put 50,000 families out of business and had it not been for the Senate voting to abolish that tribunal, those families would be out of work and on the bread line.
“That is Labor’s approach to enterprise and hardworking Australian families. The alternative is what we do, which is to put more money into the pockets of hardworking Australian families backing investment, backing jobs, backing enterprise. Labor hates that because, as he said ... he thinks a class war is just the ticket. Well, it is the ticket to disaster.”
Updated
The Chinese embassy has released this statement:
Over the recent period, some Australian media have repeatedly fabricated news stories about the so-called Chinese influence and infiltration in Australia.
“Those reports, which were made up out of thin air and filled with cold war mentality and ideological bias, reflected a typical anti-China hysteria and paranoid. The relevant reports not only made unjustifiable accusations against the Chinese government, but also unscrupulously vilified the Chinese students as well as the Chinese community in Australia with racial prejudice, which in turn has tarnished Australia’s reputation as a multicultural society. Some Australian politicians and government officials also made irresponsible remarks to the detriment of political mutual trust between China and Australia. We categorically reject those allegations.
“China has been committed to developing its friendly relations with other countries on the basis of mutual respect for sovereignty, territorial integrity and non-interference in each other’s internal affairs, which is one of the main principles of Chinese foreign policy. China has no intention to interfere in Australia’s internal affairs or exert influence on its political process through political donations. We urge the Australian side to look at China and China-Australia relations in an objective, fair and rational manner.”
Updated
Scott Morrison take a dixer and we get our first Kristina Keneally mention this question time.
Updated
Ahhhh, how short political memories are.
Here is what Barnaby Joyce had to say about members remaining in the House and voting, despite having questions over their eligibility:
The only excuse they say is they haven’t got their paperwork back. How does that work? Do you drive on a highway without a licence because you believe it is in the mail? I don’t think so. I don’t think so. Yet, these people will continue to vote. They will continue to vote. I can tell you one good thing - the people of New England gave you a vote. 11% is what they gave you!”
So that is a thing that happened.
Chris Bowen has a question for Scott Morrison:
“In the last two years, the treasurer wasn’t told that the date the Budget had changed. Wasn’t told about the plan for state income taxes. Booked a Press Club speech to argue for a GST increase only to have the Prime Minister abandon the idea. Was kept in the dark about the royal commission terms of reference, despite the Minister for Revenue working on them for a long time. Why is the Treasurer always out of the Loop? Is it because he’s also always out of his depth?”
Morrison:
“Taking lessons from the Shadow Treasurer on the economy - you got a problem with that? Taking lessons from the Shadow Treasurer on the economy is like getting driving lessons from a drunk driver. This muppet of a Shadow Treasurer, this muppet seriously was the one presiding over jobs growth as a Treasurer which was barley a quarter. Speaking of muppets...”
He is interrupted with a point of order, but Tony Smith says he didn’t hear the term in question. That would be ‘muppet’.
Morrison then moves on to Sam Dastyari. So at least we are back on familiar ground.
Adam Bandt has the crossbench question today. He delivers it to Josh Frydenberg:
At recent climate negotiations I attended...it was reaffirmed that current commitments are not enough to meet the Paris agreement goal of staying well below 2 degrees of warming. In fact, Australia’s existing paltry 2030 target will contribute to over 3 degrees of warning. Even worse Australia as pollution is going up and up and up. Minister, last year, you started a climate change policy review to be completed by the end of this year. Will you release the results of this review before the end of the year? Will the new policy increase our pollution reduction commitments to help meet the Paris 2-degree goal or under your government will we remain op track for over 3 degrees of warming?
The short version of Frydenberg’s answer is:
“...it will be released in due course. But the point is this: that we have taken steps to reduce our emissions and that is occurring, particularly in the electricity sector in the land sector, through energy productivity in the built environment. We are taking steps to reduce power prices and create a more stable system. But what we will not do, which the Greens and the Labor Party will do, is sell out the workers of Australia.”
Tanya Plibersek to Malcolm Turnbull:
“Can the prime minister confirm that he said about citizenship disclosures: ‘I want everyone to make full disclosures of all of the relevant material and I am determined that Australians see there is full transparency.’
“If a government member has acknowledged the existence of documentation in their citizenship statement but kept copies secret, will the prime minister refer them to the high court?”
Turnbull:
“What Labor is now seeking to do is to debase this house by not only covering up people they know should go to the high court but wanting to refer people to the high court who are not dual citizens and they have no basis for claiming that they are. It is tit for tat that time is no substitute for justice.
“The member for Batman should go to the high court and see how he goes. The other members should go to the high court and make their argument. We wish them all the best of luck. It is an uncertain environment down there, believe me. There it is. The high court makes the decisions and they should be allowed to do so.”
Updated
Barnaby Joyce gets a dixer. He talks about the New England byelection and dual citizenship and goes various shades of vermillion. Just like old times.
Updated
Tony Burke comes on after a dixer to the prime minister.
“My question is to the prime minister. On 9 November the leader of the house was asked by David Speers: ‘You are saying if your parents are born overseas and you don’t have a document renouncing citizenship you are off to the high court.’
“The leader of the house said: ‘That would be the assumption because that is what the process says.’
“If they have acknowledged such documents and he is keeping them secret will the prime minister refer them to the high court?”
Malcolm Turnbull:
“What the Labor party is seeking to do here is distract attention from the fact that they have on their side members who are plainly at very high risk, I would say, of being found to be ineligible by the high court. Well, Mr Speaker, I am not making any more predictions.”
For that he receives applause.
He continues:
“I am down to a 50% ratio. I don’t want my strike rate to go any lower, although I was speaking to one of the colleagues here on the crossbench who advised me that his strike rate was zero. I said, ‘Go for your life. It can only get better.’
“Mr Speaker, seriously, we have a position where we have Senator Gallagher referred by Labor to the high court because she was a UK citizen at the time she nominated. Fair enough? She will make an argument that filing the renunciation paper was enough.
“The high court will consider that. It is clearly a matter for the court. It is only the high court that can determine that matter and it is plainly in the public interest that it be determined. This area of the law needs more certainty, needs more clarity and members who are in her position should go to the high court for precisely the same reason.
“If the member for Batman is, as appears to be unless he can find some paperwork to the contrary, is in fact a dual citizen right now, he shouldn’t be sitting here today. I mean, Mr Speaker, because he knows that following the high court’s ruling, following the rejection of the arguments the government made to take a more lenient approach, it is a very black-letter law approach to this section and the fact is that what Labor now wants to do is to create some sense of political equity or balance by referring members on the Coalition who are not dual citizens to the high court.
“Well, I say to the leader of the opposition, if he believes any of our members are dual citizens, put up or shut up! Put up or shut up! Actually state the case. Actually state the case. He’s no evidence, no basis to make those claims. This is simply a distraction from his hopeless failure on leadership and of course it is not just dual citizens he’s been covering up for and trying to bamboozle the media, talking about his great vetting procedures, it is also of course a senator who has much more than a dual citizenship issue at stake. It is Senator Dastyari.
“There the issue is one of loyalty. Who is the leader of the opposition loyal to? Is he loyal to Australia and our national interest or is he loyal to the man who runs the faction who put him in his job?”
Updated
Question time begins
Bill Shorten to Malcolm Turnbull:
“The Australian people are sick of this constitutional crisis. The only way to resolve this citizenship crisis is with the cooperation of all sides of parliament, so will the prime minister work with the entire parliament, including Labor and the crossbench, to reach agreement on who should be referred to the high court?”
Shorten has to start the question again, as the gaffaws from the government side of the chamber are so loud.
Turnbull:
“He said that the Labor party has got very strict vetting processes. ‘We have a strict vetting process,’ he said. ‘There’s no cloud over any of our people.’ None! Let’s be straight here. I assume that included all of the British citizens? No cloud over there? No cloud over there? He said the Labor party candidates have got extremely stringent vetting process and that is why this hasn’t happened. ‘I am not going to jump every time some Liberals get up with a complaint,’ he said. ‘It is a matter of fact we have a good vetting procedure.’
“Mr Speaker, again and again and again. It seemed to overlook the member for Batman, didn’t it? He lost his papers. Did the dog eat them? Did he leave them in the house he overlooked? If you can overlook a house, you can presumably overlook a few papers.
“Mr Speaker, this is where we have the leader of the opposition now, twisting and turning in his own incompetence and dishonesty. He has a number of members who we all know, knew they were and were UK citizens at the time they nominated. That is a fact. He also has a senator, Senator Gallagher, in exactly the same position. She has been referred by Senator Wong in the Senate to the high court. But he doesn’t want to refer the people who are in exactly the same position here.”
Turnbull goes on to mention that the difference between Labor and the Coalition is that Barnaby Joyce and John Alexander referred themselves when they learnt they had a problem. Both only happened after the media made their status clear.
Updated
"Go and do your research, maggot!"
— Dan Conifer (@DanConifer) December 6, 2017
Labor politician Brian Mitchell attacks @abcnews reporter @MattWordsworth as he questions former dual citizen Justine Keay. ('Maggot' comment at 1:22) #auspol #citizenship @politicsabc pic.twitter.com/rBQMOUFC0W
NXT MP Rebekha Sharkie, who is one of the nine who would be referred to the high court under the Labor crossbench motion, had this to say on the possibility the government could block the move:
“If they don’t refer their own then this will drag on for months and months. We want clarity, fairness and an end to all this.”
Malcolm Turnbull, Bill Shorten and now the member for Higgins, Kelly O’Dwyer, have honoured the first member for Higgins, Harold Holt.
To recap the citizenship motion which occurred just before question time, Labor and the crossbench (all five of them) voted to hold a vote on referring nine MPs, which included members of Labor, Liberal and the crossbench who have questions.
But the standing orders moved on to 90-second members’ statements, which could not be stopped. The vote will now be held after question time, and with Barnaby Joyce’s return, the numbers will be tied.
It means that the government will have to vote against referring Labor MPs it says have problems, to save its own from referral. It also means Labor and the crossbench will have wedged the government into voting against the will of the parliament.
The politics of this will continue to play out for sometime.
Everyone clear now?
Updated
Before we get to question time, the parliament is honouring Harold Holt. Next week marks the 50th anniversary of the death of the 17th prime minister of Australia.
Adam Bandt says Australia “effectively has a hung parliament” and that may continue even when Barnaby Joyce returns.
Bandt says the crossbench is of the view that referrals should be done “in an even-handed way” and not through “partisan warfare”.
“The opposition has proposed referring its own members in addition to government members over who there is a question mark ... The crossbench don’t want to see this done in a partisan way. We want those with legitimate questions answered in the high court.”
Bandt said debate wasn’t able to occur before QT but hopes it will after, and warns the government to reflect on the vote and the signal the crossbench has sent.
Updated
Speaker Tony Smith reads the writ and says that Barnaby Thomas Joyce has been elected.
He is admitted to the parliament to the cheers and a standing ovation from the government side of the chamber, the prime minister by his side.
Updated
Bandt confirms the Greens support the Labor motion in its entirety including Lib MPs who are proposed (Marino, Banks Falinski Hawke) #auspol
— Paul Karp (@Paul_Karp) December 6, 2017
It is almost question time. And given the day’s events so far, it should be a doozy.
Anyone prepared to make any predictions on what Kristina Keneally will be blamed for today?
That feeling when you have to delay the debate, so you have it on Twitter
Labor’s motion in the House of Reps proves they know their four Members should be referred to the High Court. #auspol
— Christopher Pyne (@cpyne) December 6, 2017
My motion for referral to the High Court includes MPs Labor and independents believe there’s no case to answer and MPs where the Govt is confident. Batman, Braddon, Fremantle, Longman, Mayo, Chisholm, Mitchell, Forrest, Mackellar. #auspol
— Tony Burke (@Tony_Burke) December 6, 2017
Updated
A little bit more from Di Natale:
Greens Leader Richard Di Natale says he met with PM this morning and as a result, has decided he's "no longer fit to lead the country" #auspol @politicsabc
— Jane Norman (@janeenorman) December 6, 2017
Richard Di Natale has accused Malcolm Turnbull of a “disgraceful act of partisanship” for attempting to refer Labor MPs but not government MPs to the high court.
“On the basis of that – clearly the cross bench has been discussing [a motion] ... It is astonishing, disgraceful, remarkable that rather than seeking to resolve the situation the prime minister is attempting to save his job.”
Di Natale says a stalemate has developed and calls on the PM to support the referrals.
Updated
Coalition MPs seemingly surprised by Tony Burke's statement on intent to refer. Almost all got up to leave before he spoke, then paused at the door. Many including Julie Bishop walked back to their seats, then turned around again.
— Henry Belot (@Henry_Belot) December 6, 2017
Fiona Nash gives Barnaby Joyce a kiss after he was sworn in as deputy PM at government house @AmyRemeikis @murpharoo @GuardianAus #politicslive https://t.co/mYRcz3diXi pic.twitter.com/YDX8dYs3EK
— Mikearoo (@mpbowers) December 6, 2017
Labor gets crossbench support to refer MPs
We are being told that the crossbench went to the prime minister this morning and asked what was happening, but weren’t happy with the outcome of the meeting.
So the crossbench agreed with the motion to have the vote. But then the house moved into members’ statements.
Which means they can’t have the actual vote until after question time. When Barnaby Joyce will be back in the house.
The government is now in a position where it will have to vote down referring Labor MPs, as the motion includes some of their own. On the numbers, the vote after question time will be a draw.
Updated
So, what appears to be happening is Labor has been chatting to the crossbench, saying nine MPs should be referred. That would be the four Labor MPs in question, as well as Rebekha Sharkie and then gthe Liberals Nola Marino, Alex Hawke Julia Banks and Jason Falinski.
But they need the numbers. Which means they have to do it before Barnaby Joyce gets back to parliament.
Start your engines.
Updated
Down in the House of Representatives, Tony Burke, the manager of opposition business, says he is about to move a resolution to refer various people to the high court.
Barnaby Joyce is sworn in
Just for folks watching on at home, Barnaby Joyce has been sworn in and is on his way back to parliament.
Stopping to speak to reporters at Government House, Joyce thanks the people of New England for sending him back to the circus.
Then he hops into Bill Shorten and Labor.
I am disgusted with the Australian Labor party. I am disgusted with a party that would refuse my capacity to speak in the parliament, while at the same time they obviously were fully aware of people within their own side who were in exactly the same predicament.
I am disgusted ...
Updated
Mark Dreyfus again lists the Turnbull government MPs Labor believes to have problems:
Jason Falinski, Nola Marino, Julia Banks, Alex Hawke, Michael McCormack, and Josh Frydenberg.
He says he sympathises with Frydenberg’s family situation, and mentions his own similar family history, from the German side, but says it is a matter of foreign law.
Bill Shorten says he is not calling for the immediate referral of these people, but Labor does want to see further documents proving their eligibility.
Shorten also says, on David Feeney’s situation that he is “deeply frustrated” that one of his MPs is missing their documents, and as for the ‘rolled gold’ comment he made about Labor’s processes a few weeks ago, he said in hindsight, he would use other words. But he says Labor’s processes have been thorough.
“I say to Malcolm, if you have got nothing to hide, what are you worried about.”
A very chipper Scott Morrison has released the world’s longest statement on the national accounts:
“Today’s national accounts is another encouraging set of numbers, reinforcing an economic strategy that is based on driving growth through increased investment to secure the better days ahead.
“This has been the heart of the Turnbull government’s growth strategy to support jobs, by driving investment that in the September quarter created more than 100,000 jobs. That’s more than 1,000 jobs every day.
“So far this year we have experienced the strongest jobs growth in 40 years, with four out of five jobs being full time.
The solid 0.6% growth outcome in the September quarter national accounts has accelerated growth from 1.9% to 2.8% through the year.
“This is above the OECD average and puts Australia back up towards the top of the pack of major advanced economies.
“As you can see from the contributions to growth in the quarter, our growth story is primarily an investment story.
“In the context of an expected soft result on household consumption, most likely impacted by concerns over cost of living pressures, and an anticipated negative result in dwellings investment, the engine of our economy has been driven by investment from both the private and public sectors.
“For private investment the contribution to our growth more than tripled in the quarter.
“The Turnbull government’s national economic plan has been targeted to move the dial on investment, by encouraging businesses to grow, innovate, hire more Australians, and increase wages.
“Everything we do as a government is aimed at driving investment because we understand it is business that boosts growth, creates jobs and pays higher wages.
“And we are seeing the fruits of that action.
“In the private economy, which includes household consumption, business investment and dwelling investment, annual growth has lifted from 0.4% to 2.8% in the past two years under the Turnbull government.
“Looking specifically at investment, new private business investment is now growing at the strongest rate since the peak of the mining investment boom in 2012, expanding by 2% in the quarter and 7.5% through the year, to eclipse the 20-year average.
“We have now seen four consecutive quarters of investment growth, following 12 consecutive quarters of decline.
“Investment in new machinery and equipment has lifted from a through-the-year decline of around 11% two years ago, to a positive growth rate of just shy of 3% today.
“In the past two years, the Turnbull government has been turning our investment ship around. We are now heading in the right direction, by making the right choices, to set the right conditions to encourage investment in our economy.
“Business conditions, as surveyed, are at their highest level in 20 years. Last week’s capital expenditure survey showed expectations for non-mining investment in 2017-18 improving strongly to be around 7% higher. Non-mining firms are expected to invest $80.9bn this financial year.
“Our enterprise tax plan is a key part of this, which is why it must be supported. But so too are our many other plans, our positive trade agenda, our support for innovation and new start-up businesses, our investment in our defence industries to support new manufacturing jobs and our investment in important public economic infrastructure.
“As noted by the RBA, one of the reasons why businesses have been encouraged to go out and invest is because of the record infrastructure investment that is under way across the country.
“New public final demand, across all levels of government, was up a solid 1.2% in the quarter, to be 4.4% higher through the year.
“This growth was driven not by increases in the size and cost of running government, which actually fell at a commonwealth level during the quarter, but by government investment in building the capacity of our economy and our defence forces.
“New public investment was up 12.6% over the year, with defence investment up 31% over the year.
“This is in line with the government’s record $75bn investment in economic infrastructure, two-thirds of which will be provided to the states for spending on their roads, railways, water and other projects.
“Turning to households, consumption increased by just 0.1% in the quarter, to be 2.2% higher than a year ago, coming off a strong quarter of growth in June. Household consumption contributed just 0.1 percentage points to growth in September.
“However, through the year it contributed 1.3 percentage points to annual growth, highlighting the softness of the results in September.
“This is not a surprising result, given the cost of living pressures on essentials that Australians are feeling.
“Tellingly, the result shows households were cutting back on discretionary items, while we saw growth in everyday essentials like electricity, food and transport.
“Clearly many Australians were concerned about the cost of living and the pressures on their household budget, which reaffirms why it was important that our budget guaranteed essential services like Medicare and schools funding, while working to put downward pressure on rents, childcare and electricity prices, and provide income tax relief wherever and whenever possible.
“Concerns around electricity prices were at front of mind in the September quarter. We saw large retail price increases coming into effect on 1 July.
“In response the Turnbull government has taken action.
“We got a better deal from energy retailers which saw some customers given a 20% reduction in their bills and we created the national energy guarantee, with modelling by the energy security board showing a saving of $400 per year for the average household compared to today’s prices.
“More recently we have seen some better data on retail sales, which grew by 0.5% in the month of October after lacklustre results during the September quarter. We also have seen improved measures of consumer confidence, which have recovered after falling to low levels during the September quarter. Let’s not forget households will also be out there this holiday season.
“Our exports continue to go from strength to strength.
“Mining exports have seen a recovery from the impact of tropical cyclone Debbie. Service exports rose almost 10% over the year on the back of strong education and tourism exports.
“But it is the agriculture sector where we have seen the most impressive growth, with record crops underpinning export growth of more than 20% through the year.
“This is tremendous news for our regional towns and a welcome reward for years of hard work and readjustment following periods of drought. It is also a resounding vote of confidence in the Turnbull government’s trade agenda that is a key component of our national economic plan.
“This rural growth story has been particularly bolstered by strong chickpea exports to India, strong citrus exports to China and strength in our meat exports.
“After taking account of imports, net exports recorded a flat contribution to growth in the quarter. Imports grew by 1.9% in the quarter – driven by capital imports which rose 6.6% and reflects the pick-up in business investment.
“Looking at today’s results by sector shows it was broad-based with 17 of the 20 industries posting growth this quarter. The services sector – our largest employer – contributed 0.3 percentage points in the quarter and 2.1 percentage points over the year.
“Turning to the income side, pleasingly, compensation of employees, what is paid out in wages and salaries, rose 1.2% in the quarter and 3% cent through the year.
“This is an encouraging improvement driven by the welcome increase in employment – as I said over 100,000 jobs created in the September quarter _ more than a 1,000 jobs a day.
“As the labour market continues to strengthen, wages will improve and as noted by governor Lowe there have already been encouraging signs of this in high demand sectors. But there must also be a sustained improvement in profits and productivity.
“Profits, or the gross operating surplus, rose 1.2% in the quarter, with through the year growth moderating to 16.7% from a previous surge linked to commodity prices, as I flagged earlier this year when I spoke to the December quarter accounts.
“It is an encouraging sign that profits are starting to improve in non-mining sectors. Improved profitability is in line with the record business conditions seen in recent survey measures and is the prerequisite for increased investment, that is now flowing.
“Once again, it’s clear from today’s national accounts that our economy is strengthening. The better days ahead are emerging.
“They will continue to strengthen with the right policy settings in place.
“That’s why we continue to implement our national economic plan, driving growth policies based on the economics of opportunity, rather than indulging the cynical politics of envy and the $164bn in higher taxes that would come with it and choke our economy as it is getting back in gear.
“The Turnbull government is getting on with the job.
*end statement*
Updated
As for how Bill Shorten believes the referrals should happen:
“I have said on a number of occasions in the last month, that once the disclosures are in, the Parliament needs to adopt a joint approach.
“The concern that I now have when I see the disclosures, only one side of the Parliament has played by the rules.
“Labor has conscientiously put forward its arguments, its propositions, why we are eligible.
“You could drive a Mac truck through some of the inadequate disclosures of the Liberals.
“Now, my view about the referral to the high court, because there are legal questions on a range of MPs, but why does one side of politics get a leave pass from full transparency by using their numbers in the Parliament?
“Let me be very clear - and through you to the Australian people - Labor is absolutely prepared to reassert the confidence of the Australian people in the eligibility of the parliamentarians to sit in the Parliament, but that rule doesn’t just apply to Labor.
“We all know that Malcolm was dragged kicking and screaming to universal disclosure. He didn’t want to do it and now he want toes use his numbers to apply a higher standard to Labor.”
Bill Shorten on David Feeney:
“I want to briefly turn to the member for Batman. Just over a week ago he contacted me and informed me that in the process of preparing for the disclosure, some documents that he thought he had in his possession, he didn’t.
“He advised me he was undertaking searches in both Australia and the UK for some of these documents. I informed him that he needed to do this search and furthermore I informed him that he needed to tell the parliament what was happening and I made it clear to him that there was a deadline of disclosure and even if the searches are still under way, as they are, that if at the time of the referral discussion he couldn’t provide all of the documents, then he would need to be referred to the high court for a decision of his eligibility to serve in this parliament.”
Updated
Bill Shorten:
“Labor MPs, nearly 100 of them, have conscientiously filled in a disclosure form and demonstrated why they believe that they are eligible under the constitution to be able to take the privileged position of sitting in the parliament of Australia.
“But, as we have seen the disclosures emerge in the House of Representatives from the Liberal party, we now see that Malcolm Turnbull is engaging in mass cover-up.
“They are engaging in a mass cover-up. There are many inadequate disclosures that ask more questions than provide answers. I say to Mr Turnbull today. This is not about you or me or Liberal or Labor.
“It is now about the government and the parliament of Australia. It is time to stop hiding. It is time to stop the mass cover-up. We believe that all MPs should demonstrate that they are eligible under the constitution and what reasonable steps have they taken to renounce any foreign citizenship.
“Sadly, we cannot end this circus until Mr Turnbull and his MPs actually submit to full disclosure.
“We want the circus to end. Labor is up for that. We recognise that these are very unusual times and the very credibility of parliament is under question, not just the government, but we call upon Mr Turnbull to stop hiding half-filled disclosures and inadequate explanations.”
Updated
Just to recap ahead of Bill Shorten’s press conference:
Katy Gallagher has asked the Senate to refer her case to the high court, but says she is confident she was eligible to be elected and took all reasonable steps.
On Tuesday, David Feeney said he could not find the renunciation documents he believed had been sent to the UK authorities in October 2007 and said he would ask the house to refer him if they could not be found.
The government is threatening to refer Josh Wilson, Susan Lamb and Justine Keay if Labor doesn’t and says Bill Shorten has been a hypocrite on the citizenship issue.
Bill Shorten’s office had the citizenship documents for a week, which potentially means Shorten knew about David Feeney for a week.
Labor is calling on the government MPs who did not provide their paperwork to submit proof they are eligible.
Updated
Bill Shorten has just announced he will be holding a press conference with Mark Dreyfus in the next 10 minutes.
Will we be seeing some more referrals?
Scott Morrison on Labor’s response to the citizenship issues:
Shifty Shorten is shifty.”
The T-shirt contenders have come thick and fast these past few days!
Updated
The Labor MP Michael Danby has spoken to the Australian Jewish News about Josh Frydenberg:
“My view is the Dreyfus approach is just political tactics and not cognisant of the wider political, historical and ethical issues,” Danby said.
“I support Tanya Plibersek’s earlier view, that the issues around Josh Frydenberg’s mother’s statelessness should not be raised as part of the citizenship debate.”
Updated
From around the traps today:
Updated
The national accounts are out: economic growth came in at 0.6% for the September quarter, following a 0.9% rise in the June quarter.
The economy grew 2.8% through the year.
For more, head here
Scott Morrison is addressing the accounts now (he even has a screen):
“This government’s strategy has supported jobs by driving investment that in the September quarter created more than 1000 jobs everyday. So far this year, we have been experiencing the strongest jobs growth, with four out of five jobs being full-time.”
Updated
Labor MP Emma Husar is being asked what inquiries she made to ascertain she is not a Polish citizen:
A misprint quickly corrected. Emma Husar claimed multiple times she received advice from Polish Consulate about her citizenship -- doesn't want to release them https://t.co/OutQaoMe2W
— Kylar Loussikian (@kloussikian) December 6, 2017
Husar disclosed that her paternal grandparents were born in Poland. She said she had made inquiries and was satisfied that she had not acquired Polish citizenship from them but she did not include legal advice.
Guardian Australia understands that Husar contacted the Polish consulate in Sydney and was told that she would have had to apply to have Polish citizenship conferred on her. Husar never made any application to become a Polish citizen.
Polish law appears to require people of Polish descent to submit proof and actively declare their intention to become a citizen.
In her disclosure Husar attached a letter dated 24 May 2016 in which she acknowledged her father and she “may have acquired Polish citizenship” and purporting to renounce that citizenship, although no response from the Polish embassy was included.
Updated
The Independent MP Cathy McGowan has just given a highly educational and sincere speech about gender in the same-sex marriage debate.
McGowan said she has been a feminist since age 12, when she noticed that her brothers and sisters were treated differently. She said she is uncomfortable with gender-specific language like “boys and girls” and terms for which there is no gender-neutral equivalent like “nephews and nieces” because people shouldn’t be viewed through the frame of their gender.
McGowan said that young people in her electorate of Indi taught her about gender fluidity and about pronouns, that not everybody fits into the categories of “he and she”.
“They took me on a journey. I now get pronouns. I now say to gender non-defined people: tell me your preferred pronoun.
This bill is not only about same-sex [attracted people]. It’s about two people getting married ... It’s not up to me to do the definitions but to respectfully ask others ... For a significant number of people ‘other’ is the appropriate box to tick.”
McGowan concludes by saying that LGBTI and gender non-binary people need to be included in our community “not as they, not as other, but as us”.
Updated
Donald Trump may have told the Palestinian leader, Mahmoud Abbas, the US embassy is being moved to Jerusalem, but Australia is staying put.
From Julie Bishop:
Any decision regarding the location of US embassies is a matter for the United States.
The Australian government will continue our diplomatic representation to Israel from our embassy in Tel Aviv and our representation to the Palestinian Authority from our office in Ramallah.
Matters relating to Jerusalem are subject to final status negotiations between Israel and the Palestinian Authority.
Australia supports a two-state solution where both peoples live within secure and internationally recognised borders.
Updated
Dan Tehan, who was at the Long Tan cross ceremony, has defended Malcolm Turnbull for answering journalists questions on citizenship, after Amanda Rishworth’s comments:
“We had a very respectful service in the war memorial. The prime minister was then followed by the press [to the car],” he told Sky.
“It was the journalists themselves who asked him the questions ... He was literally in the car in the car park; he was away from where we did the ceremony ... He was grabbed as he was hopping into the car
“I think we should hear no more on that, because otherwise the opposition is descending into some grubby, grubby politics by raising that.”
Updated
The high court has released its reasons for ordering that Hollie Hughes – who took a job at the Administrative Appeals Tribunal after the 2016 election – cannot fill the vacancy created by Fiona Nash’s disqualification, despite the fact Hughes resigned.
Section 44(iv) of the constitution disqualifies a person who held an “office of profit under the crown” from being chosen as a senator.
Hughes was disqualified because she held such an office “during a period in which the disqualification of Ms Nash from being validly returned as elected meant that the process of choice prescribed by the parliament for the purpose of s 7 of the constitution remained incomplete”.
Basically, a candidate has to be free of disqualification from the moment they nominate until the moment a position is validly filled. Since Nash didn’t validly fill the Senate spot, Hughes had to be free of disqualification from June 2016 until October 2017.
The AAT job given to her by the attorney general, George Brandis, did her in.
The unanimous five judge decision addressed the view this might seem “harsh or unduly technical” by noting that the question arose only because Nash was ineligible. They said:
“Ms Hughes’s acceptance in the meantime of appointment to the [AAT] ... was understandable. But it was a voluntary step which she took in circumstances where [a reference creating a vacancy in the seat] of a senator who had been returned as elected was always a possibility. By choosing to accept the appointment for the future, Ms Hughes forfeited the opportunity to benefit in the future from any special count of the ballot papers that might be directed as a result of such a vacancy being found.”
Updated
The prime minister was stopped by journalists on his way out of the war memorial event this morning, honouring the gift of the original Long Tan cross from Vietnam.
As he was getting into his car, he was asked about citizenship and, as has become habit, swivelled from that answer to talk about Sam Dastyari:
“The Labor people that are caught up in this not only were UK citizens, but knew they were. I think it is pretty straightforward – Shorten should do the right thing. He should stop running this protection racket.
“And of course, I come back to Senator Dastyari too because this is a critical issue of national security.
“Surely every senator, every member, should be required to put Australia first.
“Senator Dastyari did not. It is very clear. He took money from a Chinese benefactor and in return for that, stood up and read out Chinese talking points on the South China Sea.
“Now, that would inspire nothing but contempt for him and his party from Beijing and the same contempt it inspires here, because people expect politicians to put their country first. Australians expect their leaders to put Australia first and, frankly, people in China expect Australian leaders to put Australia first.
“So it is a contemptible act that Dastyari undertook and then to go to Mr Huang’s house and tip him off that he may be under surveillance from Australian security agencies and advise him how to avoid it. I mean how much has Senator Dastyari got to do before Bill Shorten is going to do the right thing and kick him out of the Labor party?
“I mean this is a failure of leadership by Bill Shorten.
“There’s a tendency for people to look at Sam Dastyari and say he’s a comical fellow and so forth. He is a senator of the Australian parliament. He is a key supporter of Bill Shorten.
“Bill Shorten’s leadership depends on Senator Dastyari but I tell you what’s more important: Bill Shorten’s leadership depends on his putting Australia first and right now he is not doing that.
“It’s time for Bill Shorten to stand up for Australia and show that he is a leader as opposed to just being a puppet of backroom factional leaders like Senator Dastyari.”
Labor’s veterans’ affairs spokeswoman, Amanda Rishworth, has called on Malcolm Turnbull to apologise for what she said was “a grubby political press conference on the steps of the Australian War Memorial whilst we honoured the service of veterans who fought in Vietnam.
“The prime minister clearly doesn’t understand there is a time and place for politics and a time and place to remember the sacrifice of the men and women who have served our country. These are not one and the same.”
Updated
The high court has handed down its reason in the Hollie Hughes case. You’ll find that here.
We will have to wait a little longer to see how that position is filled.
Updated
It looks like the speakers on the marriage equality bill have decided to speed up the process themselves, with speeches now sitting at about five minutes.
Peter Dutton this morning confirmed that he didn’t believe Tony Abbott’s amendments had a chance of surviving (for now):
I do not think that has any chance of getting up. I think that is a reality of the numbers. Again, I have spoken to many on our side. They have no intention of ignoring the vote or frustrating the process. The same-sex marriage bill will pass in the House of Representatives this week, there is no doubt in my mind about that.
“But we do need to have a discussion about whether we can get those appropriate balances in place.
“This debate has never been for me about homophobia, it has never been about denying the love in the same-sex relationship, it has never been about hate on any basis. The question is though, we need to get the balance right in terms of religious protections.
“Those people who have religious beliefs or otherwise need protections, I think they will be agreement with that, including on the Labor side and including many gay couples, they should be allowed to have same-sex marriage, but nonetheless same-sex marriage is just another ideological stepping stone for Labor, on an ideological path that I do not think the Australian public would agree with.
“At some point in the year, informed by the Philip Ruddock process, they will be another debate about the balance.”
Updated
George Brandis denied that the government had reflected on the integrity of Katy Gallagher.
“I do not reflect at all on the integrity of Senator Gallagher and I don’t doubt for a moment the accuracy and truthfulness of the statements she has made to the Senate. The assertion that has come from Senator Gallagher and Senator Wong that Senator Gallagher plainly is not disqualified prejudges the very issue which the Senate by this notion has asked the high court to determine.”
Updated
On Katy Gallagher’s referral, Penny Wong had this to say:
“It’s not just the case that Senator Gallagher’s eligibility is beyond question. So too is her integrity.
“Those opposite and everyone in this place know this.
“It is now incumbent on the government to follow Labor’s lead and ensure that after it has lost two senators, there are no further doubts over the standing of its senators.
“Labor does not believe in using this chamber for partisan referrals. For this reason, and in light of Senator Sinodinos’s medical circumstances, Labor will not be seeking to refer Senator Sinodinos at this point.
“However, we note that there is significant legal contention about his citizenship status that the government, and the chamber, may need to consider in due course. For now we will leave that for the government to reflect upon.”
Updated
The drug tests for welfare trials have been scrapped, with the government unable to get the measure passed in the Senate.
Richard Di Natale has told the Senate the Greens will support bona fide referrals, but he has no time for George Brandis’s claim that Labor is in the same position as the government on this matter.
We have some members of the Labor party who took steps, took legal advice, and at the time was satisfied that that was enough to disqualify themselves as dual citizens and two in fact mean that they were eligible to stand, and then we have members of the government who took no steps, no steps. He sat in this chamber knowing they were dual citizens, and took no steps, and in fact were forced after the high court decision, to come clean by the former president of the Senate. Like Minister Nash, who came here at one minute to midnight, as we were about to go home, to put her version on the table, which it now is clear that she was sitting here, knowing she was ineligible, and did nothing about it.
The rank hypocrisy from the attorney general is remarkable here. We have members of the government who took no steps and have now given the middle finger to the parliament by not disclosing the relevant information in the disclosure form!
“Now, I accept that the high court needs to determine whether those Labor members who sought advice and were told that initiating the renunciation process was enough to make themselves sure that they were not dual citizens, that was based on previous judgments. I understand that we do need to get some clarity on that not just for this parliament, but for future parliaments, to know reasonable steps, at what point the test for that applies.
“That is why we would support this referral and referrals in the lower house, but don’t come in here and lecture this Senate about your role in these, as though somehow, Labor have put themselves in the same category as your senators. They have not.
“What we have seen is one party, where dual citizens have been dual citizens, have taken no steps, have been ineligible and have continued to sit in this chamber and in cabinet.
“When this first appeared,we had minister Matt Canavan standing up and saying well, given the circumstances, I can no longer sit as a minister.
“When it occurred to minister Nash and indeed minister Barnaby Joyce, a completely different test was applied.
“For some reason, they were able to continue as ministers. We have the president of the Senate issuing orders to the high court, knowing that he himself was ineligible.
“The reality is that this government has shown itself to be without integrity, decency, to be hypocritical and to be standing up there and lecturing the opposition as somehow having behaved in a way that is comparable with this government is appalling. I make the exception, of course, for David Feeney.”
Updated
Liberal MP Jason Falinksi has used his speech in the marriage debate to indicate he supports both same-sex marriage and religious freedom, but the freedom issue should not be dealt with in the marriage bill.
Falisnki, a practising Catholic, said he accepts his religious view of marriage should not be enshrined in civil laws because if the state is to regulate marriage “it should be regulated so everyone has access to it”. The state should not be used to “enforce on others my personal views”, he said.
Addressing people who feel their freedom to express their beliefs and conscience could be affected by the bill, Falinski said:
“My distinct preference is for this discussion to be dealt with holistically, rather than piecemeal in a bill designed to give expression to people’s voice by expanding definition of marriage in law.”
He indicated he supports the Ruddock review process to enshrine religious freedoms in law.
Updated
Here is what Mark Dreyfus said this morning about Josh Frydenberg’s situation:
It’s a matter of the constitution of Australia. I’m simply making the point that the high court decisions need to be applied; the constitution needs to be observed. The high court has said it is a matter of foreign law, foreign citizenship law. It’s a matter of the law of Hungary, the law of Poland, the law of Germany, the law of Greece, the law of Italy. And these MPs need to do what the disclosure process called for. Not simply hide behind legal advice, not say I’ve got legal advice and that’s enough.”
Updated
Labor looks set to refer David Feeney. Here is what Tony Burke said this morning:
With respect to David Feeney, I’ll move that referral. If the documents turn up, it doesn’t make sense that he was asked 10 years ago to deal with both potential Irish and potential UK and only dealt with one of them. But it’s a disclosure process. If you don’t have the documents you get referred. So I’ll move that referral personally. With respect to the other individuals, there is no step they could have taken before they nominated that they didn’t take. Absolutely no steps. In fact, in fact in Susan Lamb’s case, the UK then wrote back to her and said we’re not even convinced you had UK citizenship in the first place. So that’s the situation that they’re in. If Malcolm Turnbull’s desperate to move referrals then he has already indicated they will move them with respect to those members.
Updated
On the referrals, it doesn’t look like the government will be referring any of its own people.
If Bill Shorten doesn’t refer the Labor MPs under question, then the government may move. Probably not today though. I think we’ll see that tomorrow.
Barnaby is back
Barnaby Joyce will be sworn in today, before question time.
Government ministers are really pushing the line that reasonable steps is not enough here, with Alan Tudge the latest to question why it took Labor members so long to renounce their citizenship.
I’m not sure if the government can take the moral high ground on this one. Besides the whole “and the high court shall so hold” line, it’s also been proven that several Coalition MPs didn’t take any steps at all.
Updated
Despite Mark Dreyfus mentioning Arthur Sinodinos’s name this morning as someone Labor could consider referring to the high court, Penny Wong has told the Senate that out of respect for Sinodinos’s medical condition, Labor will not pursue his referral.
Updated
Katy Gallagher’s statement:
On 4 September this year, I provided a detailed statement to the Senate addressing concerns that had been raised about my citizenship status. In my statement to the Senate, I informed the chamber that I had completed an RN—renunciation of citizenship—form on 20 April 2016. I did this based on advice from the ALP legal team and out of an abundance of caution. As I have previously informed the Senate, the UK High Commission had previously advised me that I would need to make an application to obtain British citizenship by descent. The renunciation declaration, supporting information and the prescribed fee were sent to the UK Home Office by registered mail on 20 April 2016. On any measure, I took all reasonable steps to renounce any entitlement I might have had to British citizenship by descent. At the time, I received advice that the action I took was sufficient to make me an eligible candidate for election.
On 16 August 2016, some 118 days after I renounced any right to British citizenship, I received confirmation from the UK authorities. It was also at that time, in August 2016, that the previous advice I received from the UK authorities and had acted on in respect to the ACT assembly and the Senate was clearly wrong—I had indeed received British citizenship from my father. Whilst I wish the matter of my renunciation had been dealt with more expeditiously in the UK, the delay had no bearing on the declaration of renunciation I made in April last year. I renounced prior to nomination and was eligible to stand at the 2016 election. Those opposite know that processing time varies. It took 118 days from the date of my signing and lodging the RN form to the date my renunciation was registered by the British Home Office. I note that this is far longer than the more recent cases for senators and MPs where renunciation has taken two, three or four days because a special process has been put in place for them to renounce quickly. This special process was not available to me. Those opposite also know that I’m not the only member of this place to have submitted renunciation documents before nomination and to have received confirmation post-election. Indeed, there are current senators sitting in this parliament who were in exactly the same position to me in previous parliaments.
It is a matter of enormous regret to me that I was not correctly advised by UK authorities of my citizenship status ahead of my nomination to fill the casual vacancy in the last parliament. However, in relation to this parliament, my eligibility is clear. I have acted at all times on the legal advice available to me. More recently, I have taken further legal advice following the renewed questioning of my eligibility by the government after the High Court’s decisions in Re Roberts and Re Canavan. The legal advice that I received from Dr Collins QC also draws on the expert opinion of Mr Berry from the London Bar.
Dr Collins’s opinion is that ‘Senator Gallagher had, prior to the date for nominations for the 2016 election, taken all of the steps that were required to be taken by her, not just the reasonable steps required under British law, in order to renounce her British citizenship.’
I can assure the Senate that at no time have I received any advice to say that I am ineligible to sit as a senator in the 45th Parliament. I have acted at all times on information from the British High Commission, the British Home Office and the legal advice given to me. I can confirm again that I have no evidence or advice before me that would indicate a problem with my eligibility. Over the past few days, there have been reports that I, or Labor, were refusing to refer my case to the High Court. I have previously stated that I do not think there is a basis to refer my eligibility to the High Court for determination. I stand by that position. I have also said the referral would ultimately be a matter for the Senate. I stand by that position too. This is as it should be. It is, however, clear to me that the government have decided I should be referred, despite having full access to all of my legal advice and expert reports for the past two days. A standard, I note, the government doesn’t meet with their members of parliament on the disclosure register. I have not been provided with any information or copies of any legal advice from the government, which justify the position they are taking towards me and on which they justify their hostile referral threats. It may be because such advice does not exist. In light of this, and conscious that the attacks on my legitimacy to sit as a senator will continue to be used by my political opponents, I have formed the view that my situation should be considered by the High Court, despite the lack of any legal advice indicating I have a problem that warrants referral. This is a decision I have taken individually and based on my own individual circumstances. Mr President, this statement today, the statement of 4 September, along with all the documents I have released as part of my disclosure, and the legal advice, indicates just how seriously I take my responsibilities to the Australian Senate and to the people of the ACT. I have provided more information than anyone on my citizenship status, and anyone who reads the full disclosures can see for themselves the difference in standard and content that exists across this side of the chamber. In conclusion, Mr President, while I do not agree with the need for this referral, I do not resent it. The success and standing of the Australian Senate is bigger than all of us, and should be focused solely on what we are able to deliver together for the Australian people. It is bigger and much more important than the circumstances of individual senators, and acting in a way which protects the reputation, the legitimacy, the confidence of our parliamentary institutions, should always, in my humble opinion, be paramount. It is for this reason that I have asked for this referral motion to be moved today. Finally, Mr President, I have advised the Leader of the Opposition that I am standing aside from my portfolio responsibilities within the shadow cabinet, as well as from the role of Manager of Opposition Business in the Senate until my case is resolved by the High Court. And I will not be making any further comment about this until my case is finalised. I thank the Senate.
Updated
Katy Gallagher said she will also be standing aside from her shadow portfolio responsibilities and as her role as manager of opposition business in the Senate.
Katy Gallagher refers herself to the high court
The ACT senator says she has advice that there is no problem with her eligibility.
She notes that it took more than 100 days for her renunciation to be confirmed by the UK authorities but only a matter of days for some Coalition members.
But she says despite the lack of evidence from the government calling for her referral, she takes her “responsibilities to the Australian senator and the ACT people seriously” and will refer herself for the high court to make the ultimate decision.
Updated
Government ministers have been dancing around calling Sam Dastyari a spy all week. They’ve used a variety of different phrases but you can always count on Peter Dutton to just ramp up the rhetoric.
The soon-to-be home affairs minister just called Dastyari a “double agent” while talking about what he thinks Labor should do with its members who have potential citizenship issues:
Now the court has been very clear, it is clear that these people need to be referred to the high court.
Mr Shorten should take the initiative to do that when parliament commences this morning, and it is as plain as that. He cannot pretend that there is no problem as he’s done over the past weeks, this is now really a problem for Bill Shorten.
His leadership is in question, if he cannot stand up to Sam Dastyari, you have someone who is essentially a double agent in this country and yet Bill Shorten still allows him to remain in the Senate.
How can you go to the Australian people wanting to be prime minister of this country if you know that people in your own ranks are breaking the law are involved in questionable practices?
Updated
The bells have rung. Parliament is under way for the second last (scheduled) sitting day this year
Updated
Mike Bowers was up early to catch Malcolm Turnbull and Bill Shorten at the War Memorial this morning, for the ceremony welcoming the gift of the original Long Tan cross from the Vietnamese government.
Updated
Peter Dutton has gone on the attack over Labor’s support for motions to accept New Zealand’s offer to take some of the refugees in Australia’s off-shore detention centres:
It is obvious that for whatever reason they have done a deal with the Greens in the Senate, I don’t know whether it relates to citizenship or other issues but there is to be some logic as to why Labor would move a motion that dictates people would be sent to New Zealand knowing that New Zealand is the only country in the world, not even the US or the Five Eyes partners have the ability to send their citizens to our country without a visa.
New Zealand citizens have preferential treatment, they are the only country in the world where you have as a right a visa on arrangement, even people coming from the United States, the United Kingdom or Canada must have a visa before they get on a plane to come to our country and that is why we have been very clear about yes, wanting to send people as quickly as possible to clean up Labor’s mess on Manus Island to certain treaties with the United States and I am pleased to say that more people will move from their under the US arrangement. All of that continues.
We have also had our first Kristina Keneally mention by a government minister. Start the tally!
Updated
While we are dipping back into Queensland, it looks as though Labor has (unofficially) reached the 47 seats needed for a majority government.
Hetty Johnson, who ran as an independent candidate in Macalister has conceded – she lost by 483 votes. But that gives Labor the seats it needs. We’re still waiting on it to be called by the Electoral Commission Queensland, which is still working through tens of thousands of postal votes and preferences.
Hi folks...sorry to report that we have missed out. Congrsts to Labor who have won. Thank you to everybody who... https://t.co/wSY4j0mILI
— Hetty Johnston AM (@hettyjohnston) December 5, 2017
Updated
Environmental Justice Australia has asked the ACCC to investigate the claim from Adani that its Queensland Carmichael mine will create 10,000 jobs, on behalf of clients Chris McCoomb and the Australian Unemployed Workers’ Union.
From its statement:
“Adani has been telling jobseekers 10,000 jobs are on the way,” said Chris McCoomb, volunteer co-ordinator at the AUWU.
“Unemployed people are spending their meagre savings on training courses for jobs that don’t exist now, and may never exist.”
The letter to the ACCC provides evidence of mining training outfits relying on Adani’s claims to lure jobseekers into training courses.
“Plenty of evidence suggests Adani’s representations about 10,000 direct and indirect jobs are seriously flawed, yet the company continues to mislead people looking for work,” said David Barnden, lawyer at Environmental Justice Australia.
“People should not be misled into spending hundreds of dollars on mining industry training courses for jobs that just aren’t there.”
Evidence given by Adani’s representative and accepted by the Queensland Land Court said the mine would create 1,464 jobs. The Court said the methodology used by Adani to arrive at the 10,000 figure had significant shortcomings. The Australian Bureau of Statistics says the method used by Adani is likely to significantly overstate the impacts of projects.
The ACCC has a mandate to prioritise issues of significant public interest or concern and conduct detrimentally affecting disadvantaged or vulnerable consumer groups.
The AUWU is an organisation run by the unemployed for the unemployed. Formed in 2014, the AUWU’s mission is to protect the interests of the 2.8 million people looking for work, and stop the government’s ongoing assault on Australia’s social security system.
*end statement*
Updated
The issue of Josh Frydenberg’s citizenship is becoming a particularly hairy.
Labor had left it alone, on purpose, as his mother’s family arrived in Australia as stateless citizens after the Nazi-aligned Hungarian government stripped Jewish citizens of their citizenship during the second world war.
In an effort to right wrongs, Hungary changed its citizenship laws to address that situation. Which may have conferred dual citizenship on Frydenberg’s family.
In his declaration, Frydenberg said he had sought advice but did not provide it. His name was one of the one’s Mark Dreyfus raised as having potential issues, which has sparked another argument over whether the debate has now gone too far.
Speaking to Sky, Ed Husic admitted to some discomfort:
If we get to the point where we are pursuing people who were stateless and escaping one of the most horrific episodes in modern history, well, I will be interested to see how far we pursue that ... You know what, I think this reflects the delightfully feral state of Australian politics right now that this is all tit-for-tat in terms of what is happening right now.”
Updated
Tony Burke has been out and about very early talking about the reasonable steps argument.
When they talk about reasonable steps, they talk about the steps a candidate can take prior to nominating.
There is no additional step that those individuals could have taken. Think though, that this argument that the Liberal party is currently running would actually mean [that because] the British Home Office took many, many weeks, months, to process their police stations, their renunciations [are not valid]. For Fiona Nash, the National party senator, they did it in about three days.
We can’t have a situation where the onus which we’ve always been told is on the candidate to complete all their reasonable steps, but the decision about whether or not they’re eligible is driven by a junior public servant in Great Britain.
Updated
The constitutional expert Anne Twomey spoke to ABC this morning on the issue of reasonable steps.
Labor says its MPs (David Feeney as the potential exception) took all possible steps before its members nominated, as set out by the high court in the Skyes v Cleary. In most of these cases, the UK authorities didn’t send confirmation of the renunciation until after the nomination date but Labor says the steps it took are enough, under precedent.
Prof Twomey says whether Labor is right is something for the high court to decide:
Look, with most of them, it’s just a timing issue. So the question that needs to be resolved is whether it’s enough to have done everything that the candidate can do before the nomination date – so sending off your renunciation,paying the fee, filling out the forms – if the test is that as long as you’ve done your part, that’s enough, they should all be fine.
The doubts that have arisen since the citizenship seven case, however, are that when the court looked at that reasonable steps test in that case,it did so in terms of a much more narrow, view of it, but just referring to it in relation to circumstances where, otherwise, the other country wouldn’t accept renunciation at all.
Now, if that’s the view taking a much stricter line on it, then these people are in trouble. But the problem is we don’t really know. Now, later today, the high court’s handing down another judgment in relation to Hollie Hughes and if the court was being very kind to us, um, they might put in a few clues that resolve that other issue of approximate timing and that could alleviate the need to refer these things to the high court.
If the court set out the test clearly, we might not need other references and that would be helpful.
Updated
The prime minister has also weighed in, maintaining the rage not just over the citizenship issues, but also Sam Dastyari. Malcolm Turnbull and Bill Shorten were both at the War Memorial for an event this morning. Here is what Turnbull had to say on the way out:
Well, it appears that David Feeney is still a foreign citizen, so ... And he’s indicated that he will refer himself. Well, that’s what I understand he said. But there are a number of people on the Labor side who were clearly UK citizens at the time they nominated for the parliament.
We’ve seen the interpretation the high court is imposing. It’s a strict black-letter, strict reading of the section. They found Barnaby ineligible for being a New Zealand citizen when he wasn’t aware he was a New Zealand citizen.
The Labor people caught up in this not only knew they were citizens, but didn’t declare it. Shorten should stop running this protection racket and of course, you know, I come back to Senator Dastyari too. Because this is a critical issue of national security.
Surely every senator, every member, should be required to put Australia first.
Senator Dastyari did not. It is very clear. He took money from a Chinese benefactor and in return for that, stood up and read out Chinese talking points on the South China Sea.
Now, that should inspire nothing but contempt for him and his party from Beijing and the same contempt it inspires here, because people expect politicians to put their country first.
Australians expect their leaders to put Australia first and, frankly, people in China expect Australian leaders to Australia first. So it is a contemptible act that Dastyari undertook and then to go to Mr Huang’s house and tip him off that he may be under surveillance from Australian security agencies and advise him how to avoid it.
I mean, how much has Senator Dastyari got to do before Bill Shorten is going to do the right thing and kick him out of the Labor party? I mean, this is a failure of leadership by Bill Shorten. You know, this is not ... there’s a tendency for people to look at Sam Dastyari and say, ‘Oh, you know, he’s a comical fellow and so forth.’
He is a senator of the Australian parliament. He is a key supporter of Bill Shorten. Bill Shorten’s leadership depends on Senator Dastyari but I tell you what’s more important – Bill Shorten’s leadership depends on his putting Australia first and right now he is not doing that.
It’s time for Bill Shorten to stand up for Australia and show that he is a leader as opposed to just being a puppet of backroom factional leaders like Senator Dastyari.
Updated
In return, Mark Dreyfus had a few things to say about some of the Coalition MPs disclosures. Here is what he told Sky overnight:
I am saying the disclosure has been inadequate. We seem to have a cover-up in the case of Jason Falinski, in the case of Nola Marino, in the case of Julia Banks, Alex Hawke, Michael McCormack, Arthur Sinodinos and possibly Josh Frydenberg. And it’s a matter of them making proper disclosure. That’s what we’re calling for, Kieran. And if there is not proper disclosure then there needs to be a referral to the high court.”
Updated
On the citizenship issues for Labor, particularly faced by David Feeney – who says he understands his paperwork was sent off in October 2007 to renounce any claim to either British or Irish citizenship, but the UK authorities have been unable to find any record of those applications – government ministers have been having a field day.
Here was Mathias Cormann overnight:
Bill Shorten’s sanctimonious hypocrisy has been completely exposed. For months now he’s been lecturing everyone about how fantastic Labor’s vetting processes supposedly are and here we’ve got David Feeney not only forgetting that he owned a multimillion-dollar house somewhere in Melbourne, but also clearly forgetting he had another citizenship.
You can’t tell me, nobody can tell me, that Bill Shorten only found out tonight that David Feeney is a dual citizen, still holds British citizenship. That is something Bill Shorten would have known for some time, but he continued to keep up the pretence that somehow nobody on the Labor party side had any issues with their citizenship at all.
Updated
Good morning
Well, hasn’t it been quite the night!
After the citizenship disclosures were released for the house MPs, all hell broke loose, as the government relished Labor becoming embroiled. Unless he can find his paperwork, David Feeney looks likely to have a date with the high court and a byelection in Batman would not be good news for Labor, which only just scraped over the line against the Greens in 2016.
There are three others from Labor with questions marks over them, including Josh Wilson, Justine Keay and Katy Gallagher. Labor says reasonable steps are enough there. Government ministers are threatening to use their numbers to refer the members to the high court, which would be a massive break in convention.
In return, Labor has threatened to do the same unless more documents are provided for government MPs, including those with Greek heritage (one of the more complicated citizenship laws) and Jason Falinski. Josh Frydenberg’s name is also back in the mix, while NXT’s Rebekha Sharkie looks set to be referred.
Expect the tit-for-tat on that to continue all day.
Then there is the fire the government experienced from one of its own, with the former trade minister Andrew Robb taking offence at being mentioned in the same breath as the government’s new foreign interference legislation. You may remember Robb as the trade minister who worked on free trade agreements, including the one with China, who then took a $880,000 consulting job with a Chinese billionaire shortly after the 2016 election.
“I’m being used and abused,” Robb told the Australian. “I feel I deserve, from my own side, a bit more consideration — a phone call, a question to find out what the facts are,.
“I’ve complied in every sense with the ethical requirement, which is the important part. In any work that I’ve been doing since I left the parliament, is the work ethical? Does it in any way conflict with the responsibilities that I had? And I’m not a bad judge of those things. I defy anyone from Labor or my own side on that.
“All of them are running fast and loose and I’m sick of it.”
George Brandis was in damage control this morning, telling the ABC that Robb was one of the nation’s finest trade ministers, “patriotic” and an all-round good bloke, before attempting to mollify him with the message: “It’s only a register.”
And of course, there is still the marriage equality legislation. There are about 50 speakers left on the list. So, given the average speech has gone for about 11 minutes, we have quite a few hours left on that.
Oh, and the high court will be publishing its reasons for rejecting Hollie Hughes as being eligible for Fiona Nash’s Senate spot. It will still be a few days before the decision is handed down on how that spot should be filled, though. If it is a casual vacancy, Nash has made her intentions loud and clear – she wants back in. If it is next in line, well, I would think we’ll see a fight on.
Mike Bowers is out and about working his magic, so follow along with him on the blog and @mpbowers and @mikepbowers. You’ll find me stalking the comments and at @amyremeikis. Hit me up with your questions and messages, but if it is urgent that I see your musings, Twitter is always a little faster.
I’m on coffee number two and we all know it won’t be my last. Strap in and let’s get started!
Updated
