And with that, we will leave you for the evening.
I am not sure we will see a week like that again.
To recap:
- The high court has ruled Barnaby Joyce, Fiona Nash, Larissa Waters, Scott Ludlam and Malcolm Roberts were ineligible to be elected
-
Matt Canavan and Nick Xenophon were found to be safe
- A byelection will be held in New England on 2 December
- Joyce admitted he “felt in his gut this is the way it was going to go”
- The government has lost its one-seat majority, but still has the vote of Tony Smith, the Speaker
- Independent MP Cathy McGowan has guaranteed supply to the government
-
Malcolm Roberts will run in the Queensland state election in the Labor seat of Ipswich
- Nick Xenophon will formally resign in the next few weeks and run in the South Australian state election
-
Tony Windsor will not stand in New England
- Nigel Scullion is the interim leader of the Nationals
- Matt Canavan is back in the cabinet
- Fraser Anning expects to take up the Senate spot for One Nation
- Fiona Nash looks like she has plans to fight on to remain in her seat ... how that plays out is anyone’s guess
It’s not over yet. Not by a long shot. There are questions over whether parliament will continue to sit, as scheduled, given the numbers are not in the government’s favour.
There are questions over how they will all move forward. But for now, we leave those questions for the weekend. The Guardian Australia team will continue to bring you updates. Keep an eye out for the Queensland election announcement, which is expected on Sunday (and if not then, within days) in what is going to be a campaign that now features One Nation’s Malcolm Roberts.
The fun, ladies and gentlemen, never stops.
Special thank you to Mike Bowers, Katharine Murphy, Paul Karp and Gareth Hutchens for keeping me sane. And to you, the readers. You’ve kept me standing.
And on that note, I’ll see you when the parliament next meets. That’s scheduled for 27 November, but in these uncertain times, who actually knows?
Take care.
Updated
And the federal Nationals president Larry Anthony has released a statement of his own:
The Nationals will be throwing our full weight behind Barnaby Joyce to retain the electorate of New England and return our leader Barnaby Joyce to the Australian parliament.
The people of New England need Barnaby Joyce to continue delivering for their local community and the people of regional Australia need Barnaby Joyce’s strong voice in the Australian parliament.
The Nationals respect the decision of the high court and we are focused and determined to continue our job of standing up for regional Australia.
We congratulate Fiona Nash on the enormous contribution she has made for regional Australia as dedicated and hardworking deputy leader of the party, minister and senator.
We welcome the confirmation of Queensland senator Matt Canavan’s place in the Australian Senate and we congratulate him on his swearing in again as minister for resources and northern Australia.
Senator the Hon. Nigel Scullion has been endorsed by the party room as the interim parliamentary party leader, the parliamentary party room and party organisation have unanimously endorsed Barnaby to continue as overall leader of the Nationals.
Pending the decision of the people of New England at the upcoming byelection on 2 December we look forward to Barnaby Joyce returning to the Australian parliament as parliamentary leader of the Nationals and deputy prime minister.
Updated
The Nationals have started shaking the tin for Barnaby Joyce’s election campaign. This email has gone out to supporters in the last couple of hours:
Regional Australia is on the verge of losing its biggest advocate.
The regions are the backbone of this nation and under Barnaby’s leadership, they’re finally getting the attention they deserve.
Billions have been secured for community projects, ag commodities prices are at record highs, more jobs are going bush, dams are being built and city-dwellers are the waking up to the fact that there is more to Australia than just Sydney and Melbourne.
However, with a by-election called that could all be about to change.With Barnaby’ position at risk, the odds are stacked against us. Every man and his dog will be looking to discredit him and the good work he’s done for the bush and his local community.
But Barnaby has never backed away from a fight - and this one is no different.
Now it’s time for us to take one for the team and help our fearless leader return to government.
Help us by making a donation to the campaign.
With the unions, independents and left groups like GetUp! banding together, we’ll need every cent we can get.*end statement*
Shooters, Fishers and Farmers NSW state director, Filip Despotoski, has said that his party will run someone in the New England by-election “if we find a great candidate ... but we won’t run someone just for the sake of it if we don’t”.
He points out the party has run in federal elections but this is the first time since they added “and Farmers” to their name.
The party did not run in New England in the 2016 election but gave the Nationals a fright in the NSW seat of Murray by-election earlier in October.
Incoming senator Fraser Anning has released a statement saying he has “given Pauline [Hanson] unqualified loyalty and supported her for more than 20 years, so naturally I expect this to reciprocated if and when I am declared elected”.
He also takes a not-so subtle swipe at his predecessor: “it is however infuriating that the Australian taxpayer has had to stump up millions of dollars to pay for a court decision, just because five politicians couldn’t get their act together to do what was required by the constitution.”
“I can certainly assure all Queenslanders that before I nominated I took all steps to ensure that I was eligible to be a senator, and obviously as a candidate for an Australian nationalist party, not being a foreigner is a pretty important part of that”.
He also expects Hanson’s praise of Malcolm Roberts to stop: “I fully understand that in recent weeks, Pauline needed to express public support for Roberts as long as he occupied a senate sport, however that naturally changes with the high court decision.”
Shots. Fired.
Likely replacement for One Nation's Malcolm Roberts, Fraser Anning says he's "very much looking forward" to joining the Senate @abcnews pic.twitter.com/IP2R5nk9Iw
— Matthew Doran (@MattDoran91) October 27, 2017
The AEC haven’t been messing around. As Paul Karp just discovered, they already have a New England by-election page.
Labor’s agricultural spokesman Joel Fitzgibbon has a few thoughts on his new government counterpart and made them known in a statement:
Malcolm Turnbull must appoint a new Agriculture Minister immediately.
The portfolio has effectively been without a Minister for months because Barnaby Joyce has been too distracted to do his job. He has now officially been disqualified from Parliament.
Malcolm Turnbull should have stood Barnaby Joyce aside pending the High Court’s decision.
The agriculture sector needs an effective and competent minister on the job from today.
*end statement*
And for those who like visuals, we have this. I recommend you check it out.
And from Malcolm Roberts himself:
I’m truly disappointed to be leaving parliament but that opens up another door. As you know the high court sitting as the court of disputed returns as judge my election to the Senate in 2016 as ineligible. I’m therefore no longer eligible to be a senator for the people of Queensland. I’ve always said it’s very important for the high court to uphold the constitution and I accept that, and I accept this decision entirely andI’ve always said that I look forward to the high court hearing my case and it has done that, so thank you very much. The high court has ruled that I was wrong, do you want any more?
Updated
The former senator for Queensland, Larissa Waters, spoke to the ABC a little earlier and said the Greens were lucky to have Andrew Bartlett.
I think Andrew will do a wonderful job representing Queensland. He’s got experience and he’s one of the most hard-working people I know. We couldn’t be luckier with our number two, who will now take over that role as Greens senator for Queensland. It’s a role I’ve made no secret that I would like to keep on doing and would like to come back to doing, but we’re very democratic in the Greens and that would be a decision for our members and so when the preselection begins for who gets to run at the next federal election, I’ll put my hand up.
Updated
As requested, here is a little more of Pauline Hanson’s press conference:
Malcolm Roberts has been my backbone and I’m devastated, devastated. He did a fantastic job. I tell you what, it’s going to have to take a mighty person to fill this man’s shoes because I think he’s unique, I think he’s been a person for parliament to bring so much to this parliament and I think that is lacking in so many others of our other colleagues on the floor of parliament. So, you know, that maybe the case, federal parliament may have lost Malcolm Roberts but Queensland has not lost Malcolm Roberts. We have now discussed this just briefly that Malcolm will be standing for the seat of Ipswich in the up and coming state election. The Queensland state leader Steve Dickson ... he is so delighted about having an experienced candidate like Malcolm Roberts to stand for the seat of Ipswich.
Updated
Barnaby Joyce is at a pub in Tamworth after giving another press conference. He said much the same thing as he did earlier, but the biggest take away is the campaign has begun.
Updated
Andrew Bartlett, is expected to return to the Senate for the Greens, as the next in line on the ticket – at least until the next election.
There is the matter of whether he will be challenged under section 44, because he was employed with a university during the election. Whether or not that counts as an indirect interest from the commonwealth has not been tested. It would be interesting if someone decided to make him the test case.
Updated
If you are just tuning in:
- The high court has ruled Barnaby Joyce, Fiona Nash, Larissa Waters, Scott Ludlam and Malcolm Roberts were ineligible to be elected
-
Matt Canavan and Nick Xenophon were found to be safe
- A byelection will be held in New England on 2 December
- Joyce admitted he “felt in his gut this is the way it was going to go”
- The government has lost its one-seat majority, but still has the vote of Tony Smith, the speaker
- Independent MP Cathy McGowan has guaranteed supply to the government
-
Malcolm Roberts will run in the Queensland state election in the Labor seat of Ipswich
- Nick Xenophon will formally resign in the next few weeks and run in the South Australian state election
-
Tony Windsor will not stand in New England
- Nigel Scullion is the interim leader of the Nationals
- Matt Canavan is back in the cabinet
Updated
The Australian Electoral Commission has released a statement:
The Australian Electoral Commission acknowledges the decisions of the high court acting as the court of disputed returns today in disqualifying certain federal parliamentarians, and will follow the orders of the court to fill the vacancies arising in the Senate, and in the House of Representatives for the federal electoral division of New England.
Senate special counts
It is expected that the AEC will be ordered to conduct special counts of formal 2016 Senate ballot papers to determine candidates elected in New South Wales, Queensland and Western Australia. This follows the disqualification of former Senators Fiona Nash (NSW), Malcolm Roberts (QLD), Larissa Waters (QLD) and Scott Ludlam (WA).
The timing for Senate special counts is yet to be determined and is subject to the provision of directions from a Justice of the Court. Once directions have been provided by the Court, the AEC will proceed as quickly as possible to conduct the required special counts in Sydney, Brisbane and Perth respectively in the presence of candidate scrutineers.
New England byelection
The court has ordered that a byelection for the division of New England be conducted. A writ has subsequently been issued by the Speaker of the House of Representatives and a by-election will be held on Saturday 2 December 2017.
The AEC now encourages all residents in the Division of New England to ensure they are correctly enrolled to vote. The AEC website allows people to check their enrolment details, enrol to vote or update their enrolment via a desktop or mobile device.
Alternatively, enrolment application forms are available at any AEC office or Australia Post outlet. All Australian citizens aged 18 years and over living in the division of New England are required by law to enrol and vote in the byelection.
Seventeen-year-old Australians who live in New England and turn eighteen on or before Saturday 2 December 2017 can enrol now and vote in the New England by-election.
*end statement*
Updated
Constitutional expert Anne Twomey tells Sky that the decision was surprising in that it went straight down the line.
“They were focusing very much on certainty and making sure there was a clear line and that was obviously very important to them,” she said.
Fellow constitutional expert Kim Rubenstein told the ABC a little earlier:
I think we can say that this is a very affirming judgment in terms of our constitutional democratic system. First of all, we have a unanimous decision from the seven judges. That makes it conceptually very clear for the community to be able to follow. The clarity is that it does follow consistently from the earlier decision in 1992, affirming that any person who is a dual citizen needs to take all reasonable steps for they nominate to become a member of parliament to renounce that other citizenship to do that is a clear approach that prior – provide certainty, one that has been quite clearly argued in the report by Mr Windstar – Windsor’s counsel. When you look at the decisions as they relate to Matt Canavan and Nick Xenophon, the only two who get to remain on, who are cleared by the process.
Updated
And less than three hours after Barnaby Joyce found out he was ineligible , the writs have been issued for the New England byelection, which will be held on 2 December.
Without Tony Windsor.
Updated
As expected, Nigel Scullion has been made interim leader of the Nationals according to the ABC. That does not make him deputy prime minister.
‘Acting’ deputy prime minister is not really a position that exists.
Updated
And just like that, Matt Canavan is back in the cabinet.
PM Malcolm Turnbull & Matt Canavan shake hands for a photograph while the GG looks on @AmyRemeikis @GuardianAus pic.twitter.com/nvyh4QIftZ
— Mikearoo (@mpbowers) October 27, 2017
Updated
Why does Matt Canavan remain?
For those asking ...
Canavan was born in 1980 to a mother who was at the time only Australian. In 1983, the Italian constitutional court found that Italian descent could pass through the maternal line.
Expert evidence to the court suggested there were two views of Italian law: that that decision was retroactive, and both Canavan and his mother became Italians despite being born before 1983; or, that they merely became eligible to become Italian but needed to make a declaration to become Italian.
The justices noted that view, and concluded it could not be satisfied he was Italian.
“Given the potential for Italian citizenship by descent to extend indefinitely – generation after generation – into the public life of an adopted home, one can readily accept that the reasonable view of Italian law is that it requires the taking of the positive steps ... as conditions precedent to citizenship.”
Updated
Here is a bit more of what Pauline Hanson said this afternoon:
Like I said, I’m devastated about what happened. I am not the only one who has lost a senator in this. The Greens have lost two. The National party has lost a couple of theirs as well. The fact is how many other people in this parliament would still have dual citizenship and their eligibility to be in this parliament will be challenged as well. Or they are not putting it forward. So there are many people that. It is devastating what has happened but I am not the only person here that is facing this. The other political parties are and yetOne Nation has not been around as long as what they have. You think they would have gotten it right that they have not. I am devastated by what has happened but it is not the end of One Nation. We will actually move on and, yes, from the first senator that we lost in WA. I have a great senator here in Senator Georgiou so, it you know, we will fill places. We will have them on the seat of parliament and we will keep challenging both the government and the opposition to bring good government for the people of Australia.
Updated
Nick Xenophon Team MP Rebekha Sharkie was asked specifically if she would support any vote of no confidence in the government once parliament returned. She said:
So far in my time as the member for Mayo I’ve supported the government in good faith and I would like to continue to do so.”
She added that the country wasn’t ready for another election.
Updated
As the clock ticks ...
Updated
For those looking for the high court judgment, you’ll find it here
Which way will the Speaker vote?
Looking at the majority on the floor of the house for the government, we know that independent Cathy McGowan has guaranteed supply, in the event of a no-confidence motion.
Tony Smith, the speaker, does have a vote in the event of a tie.
Here is what he told Katharine Murphy six months ago:
The Speaker of the House of Representatives, Tony Smith, has signalled he will not use his casting vote to hand the Turnbull government a majority on legislation if the government fails to command a working majority on the floor.
In an interview with the Guardian’s Australian Politics Live podcast, Smith says he would apply the same principle – don’t manufacture a majority that isn’t there – if there was ever a no-confidence motion moved against the government.
In a parliament where the government of the day commands the chamber by a substantial working majority, the Speaker’s casting vote is an irrelevancy.
But in this parliament, the Turnbull government has a majority of one, which puts Smith’s casting vote in play in the event that Coalition MPs decide to cross the floor in key legislative votes.
Given the tight margin, Smith has already used his casting vote once from the Speaker’s chair, when the Turnbull government lost control of the House in the opening week of the new parliament because three ministers were absent from the chamber.
Smith declined to shut down the politically embarrassing tactical skirmish, using his vote to allow debate to continue on procedural motions which were being moved by Labor at the adjournment of the parliament on 1 September 2016.
He says this is what parliamentary practice dictates. “Essentially … if it’s question about whether the debate should continue, you should allow the debate to continue,” Smith told Guardian Australia.
But he said on legislative debates, or on no-confidence motions, you don’t, from the Speaker’s chair, use your casting vote to manufacture a majority that doesn’t exist on the floor of the chamber. “If it’s a question about whether a bill should be amended or not, you generally leave it in its current form.”
Smith says the idea of a no-confidence motion proceeding in the current parliament is “highly hypothetical” but he says the precedents and practice is clear.
If in the final vote there is not a majority, you don’t vote to give it one.”
Updated
Tony Windsor confirms he will not run against Barnaby Joyce
Tony Windsor gives his reasons why he won’t be standing in the New England byelection
I actually love elections. I’ve enjoyed the eight that I have contested but my wife doesn’t and she had a pretty rough time last time with the tactics and strategies that were used to not only against me. (It’s) fine against the candidate, but also against the families. We’ve always been a team. I had a good yarn to her again this morning. I think it’s time she prevailed.
There are some other reasons as well. I’m not going to be out of the political dimension at all. The two issues on the Liverpool Plains, the lack of scientific work being done there, and Barnaby Joyce is right in the middle of this, and the great Artesian basin, the issues of Santos and coal seam gas, the scientific work in relation to the water resources hasn’t been done so I will immerse myself in those issues and if push comes to shove it might mean, as we’ve got now, a breach of the law leading to a by-election. I wouldn’t want to be put in that circumstance where I breached the law because I believe in something strongly and forced the place back to a byelection again.
Updated
We are told that if the prime minister does still go on his trip to Israel it will likely be delayed.
The prime minister is headed to Government House to swear in his new ministry.
Those changes again:
-
Matt Canavan will be back in the cabinet, with his previous ministries, resources and northern Australia.
-
Malcolm Turnbull will take on agriculture and water resources.
-
Mitch Fifield will have general communications and infrastructure.
-
Darren Chester will be act minister for regional development, territories and local government.
Updated
Anna Henderson from the ABC has spoken to Tony Windsor. She has tweeted this:
Mr Windsor says he is not going to put his wife through another election campaign
— Anna Henderson (@annajhenderson) October 27, 2017
Andrew Bartlett – the former deputy Democrats leader who looks likely to return to the Senate after a nine-year absence, this time as a Queensland Greens senator replacing Larissa Waters – says it’s “good to have some clarity finally”.
“It’s been a long wait for everybody and a long time where hundreds of thousands of people who voted or Greens representation in Queensland haven’t had any,” he tells the Guardian.
“I’m obviously happy that it’s looking likely that it will be me. It’s one step along the path.”
Bartlett planned last year to be based in far-north Queensland if he were elected alongside Waters but says this no longer looks “tenable”.
“With half the term gone and all the expense of setting up a new office rather than just moving straight into the one Larissa was in [in Paddington, inner Brisbane], I think that would possibly not go down well,” he says.
(The local paper the Courier-Mail gave Waters some stick in 2014 over a fitout of the office that cost $414,000, which was approved by the finance department.)
But Bartlett says he is keen to “hit the ground running at full bore [and] to get around a lot of the state as quickly as I can, to be connecting with the people of Queensland, including regional Queensland”.
Another issue on Bartlett’s mind is the possibility of a state election being called within days.
“If that happens there’s an immediate issue of the Greens having a real opportunity to win seats i the state parliament,” he says.
“We want to make the most of those. Having work in the federal parliament reinforcing the impact we can make on every issue you can think of, just by virtue of having representation, just to show the difference of having someone back in there.”
Bartlett says if there are challenges to his eligibility on the basis of his employment by the Australian National University – which some may allege represents a forbidden “office of profit under the crown” for a federal candidate – he understands they would be done through a motion in parliament.
“I can’t control what others do but given there’s been three months without duly elected Greens representation, the main thing for me frankly is to have somebody in there and getting on with it,” he says.
The next person on the Greens 2016 Queensland senate ticket was Ben Pennings, who had since resigned from the Greens to work with the anti-Adani activist group, the Galilee Blockade.
Updated
Mike Bowers has been running from press conference to press conference for you – and here’s why. A picture really does speak a thousand words. The empirical evidence, has struck back.
Updated
On questions of whether or not Labor will offer the government a pair for Barnaby Joyce now he is not eligible to sit in parliament, here is what Labor’s Anthony Albanese had to say:
How can you pair him? He wasn’t elected properly in 2016. How can you pair him? He should never have been there. He wasn’t properly elected and therefore it is impossible for him to be paired. It’s not like a decision’s got to be made - he’s not there. There is no member for New England; that’s what the high court has found.
Updated
Malcolm Turnbull took one question on whether or not he was worried about a vote of no confidence from Labor, to which he said:
I have already stated to you, as you know, we have the support of a majority of members, we have a majority in the house of representatives and we enjoy the support of the crossbench. Thanks very much, I must get Senator Canavan sworn in.”
And then he left. We don’t know if he is still leaving for his Israel trip, we don’t know who will be the acting prime minister will be (for sure) if he goes (Julie Bishop is the most likely choice) and we don’t know if he wants Fiona Nash back.
Updated
#BREAKING Former Independent Member for New England @TonyHWindsor says he will NOT run in the New England byelection pic.twitter.com/TXcAoQTO1d
— Anna Henderson (@annajhenderson) October 27, 2017
Matt Canavan returns to the cabinet
Malcolm Turnbull:
Throughout the uncertainty of the past few months we’ve been determined that the court’s deliberations and in pending hearings would not distract us from the important business of government, so we’ve got on with the job delivering important outcomes for the Australian people, including a conference of energy plan that will bring down power bills and ensure families and businesses can keep the lights on.
While the Labor party, as we know, is promising price hikes as far as the eye can see. We’re getting more Australians into work. Not for the first time I must remind you that jobs and growth s not just a slogan but an outcome, 371,000 jobs created in the last year alone thanks to our strong economic management. And we’ve continued to keep Australians safe by ensuring that our law-enforcement agencies have the resources and the support they need.
Now, we are moving immediately today to return Matt Canavan to the ministry by restoring him to the role of minister for resources and also for Northern Australia. I will be sworn in as Minister for Agriculture and Water resources, a portfolio not entirely unfamiliar to me as the older ones among you may remember and one thatI will hold until the people of New England have had their say.
In terms of Senator Nash’s portfolios communications minister Senator Mitch Fifield will act as minister for a general communications and infrastructure and transport minister Darren Chester will act as minister for regional development, territories and local government.
Updated
New England by-election confirmed for 2 December
Malcolm Turnbull:
Now, in the past few months it’s been very stressful for Barnaby, Fiona and Matt. Their families and their staff. But throughout, their commitment to the parliament and government has been undiminished.
The people of New England will have their say on the 2 December and the speaker has advised he will issue the writ today. Barnaby Joyce is the best person, as we’ve seen already on the television, complete with his hat, the best person to continue to deliver for New England and four Australians living in regional, and rural areas.
He has a passion for representation and while I know Barnaby will be disappointed with the outcome of the court case, it’s as though he’s been let out of the stalls and he’s ready and raring to go. His enthusiasm is absolutely infectious.
Now, Fiona as a senator of course will not be able to contest a byelection. I thank her for her great service to the government and to the parliament. She has been an outstanding minister, passionately devoted to regional Australia and its advancement. She’s a staunch friend, a very, very good colleague. A really good friend devoted to the National party but above all to the Coalition. And as Barnaby acknowledged just a few minutes ago, her stoicism, her calm, her collected approach to the challenges that she’s been facing while obviously carrying out her ministerial office, all the time under great pressure, has been remarkable.
Updated
Malcolm Turnbull says "this is clearly not the result we were hoping for"
The prime minister doesn’t waste any time. He launches straight into it:
The decision of the court today is clearly not the outcome we were hoping for but the business of government goes on. We have a majority of members in the House of Representatives, even in the absence of Barnaby Joyce and, of course, as you know, we have support from the crossbench.
We welcome the court confirming Matt Canavan’s eligibility to sit in the Senate, but are obviously disappointed that the court has found against Barnaby Joyce and the Fiona Nash. We thank the court for its very timely consideration of this enormously complex matter and its clarification of the meaning and the operation of section 44 of the constitution as it relates to citizenship.
Along with the solicitor general, Stephen Donoghue QC, whose advice has been invaluable through this process, we’ll closely evaluate the full implications of the court’s decision, which will now be carefully considered by Australians and, of course, in particular by the parliament.
The government will refer the decision to the joint standing the electoral matters so it’s able to consider, among other things, whether any changes 44 should be recommended,how the electoral laws and practices could be changed so as to minimise the risk of candidates being in breach of section 44, and ensuring our multicultural society that all Australians are able confidently to stand for and serve in our parliament.
Updated
Malcolm Roberts in one of his last appearances as a senator in the Australian parliament.
Updated
With Nick Xenophon being ruled eligible for election, but resigning from the senate to stand in the SA state election, that leaves a casual vacancy for the Nick Xenophon Team ... which means they can fill it with whomever they want.
Updated
Just a quick update if you are just tuning in:
- The high court has ruled Barnaby Joyce, Fiona Nash, Larissa Waters, Scott Ludlam and Malcolm Roberts were ineligible to be elected
- Matt Canavan and Nick Xenophon were found to be safe
- A byelection will be held in New England (around 2 December)
- Joyce admitted he “felt in his gut this is the way it was going to go”
- The government has lost its one-seat majority, but still has the vote of Tony Smith, the speaker
- Independent MP Cathy McGowan has guaranteed supply to the government
- Malcolm Roberts will run in the Queensland state election in the Labor seat of Ipswich
- Nick Xenophon will formally resign in the next few weeks and run in the South Australian state election
Updated
The prime minister has announced a media conference for 3.30pm AEDT.
Updated
Nick Xenophon, who plans on resigning his senate seat, says he feels sympathy for his colleagues who have been ruled ineligible:
Whatever political differences I have with some of them, there is no question of their love for and loyalty to Australia. They have been caught by this section of the constitution and, obviously, there will be plenty to reflect on that in the future. The irony of the decision is not lost on me as it has always been my plan to leave the federal parliament, to resign from the Senate, which I will now be doing in the very near future,within a week or so, in order to contest the South Australian seat of Hartley in state parliament because politics in South Australia is broken and I want to do all I can to fix the broken state of politics in South Australia. I will be around for a few more days, not in Canberra, there will be committee work to do in relation to the Murray Darling basin next week in New South Wales and Adelaide and that is a critically important issue for South Australia and the nation.
Updated
Fiona Nash, the former deputy leader of the Nationals and former regional development minister has released a statement:
I came into parliament in 2004 after winning preselection for a NSW Nationals senate spot, as a farmer and proud mother of two young boys. I did so to try to improve the lives of rural, regional and remote Australians, who despite producing the food, water, electricity, gas and exports which power this nation, often have reduced access to basics which city people take for granted like doctors, health care and tertiary education.
I always aimed to help build rural, regional and remote communities our children and grandchildren either wanted to stay in or come back to.
Through 12 years of hard work, I’m really proud of the things I’ve been able to achieve.
· Pressing forward with a whole-of-government decentralisation program, because regional Australians deserve public sector jobs just as much as capital city people do, and there’s no good reason for most agencies to be in a capital city
· Creating the half-billion dollar Building Better Regions Fund, which co-invests with regional communities to improve the lives of the people who live in those communities
· Delivering the Mobile Black Spots Programme and the 765 mobile towers to rural Australia
· Turning around the performance of the Sky Muster satellites. Sky Muster delivers broadband network to the last 3% of Australians, even those living in the outback or on remote islands or in mountain ranges. Sky Muster data was doubled this month, almost free of charge to users. Stability is 87% better this September than last September. It’s now a very good service.
· Delivering fixed wireless broadband to 3 per cent of rural Australians, mostly outside towns. It’s a great technology and very popular.
· Releasing the Regions 2030 statement, the first time a regional vision statement had been delivered in more than a decade
· The appointment of Australia’s first Rural Health Commissioner to advocate for rural health and help identify the varied skills held by many rural doctors and reward them appropriately as “Rural Generalists”. The commissioner will also create a pathway to enable young doctors to become Rural Generalists
· The National Ice Taskforce and historic $300m investment in drug and alcohol treatment and education
· Initiating an important independent report into organ donation, which changed the game in Australia, then driving towards important and life-saving reform including online registration for organ donors· The Indigenous Health Implementation Plan, which received tri-partisan support
· Redirection of $50m in GP subsidies to doctors in small country towns rather than those in cities as large as Cairns and Townsville (174,000 people).
· Helping stop the takeover of Graincorp by ADM.
It has been an honour to serve the people of this nation.
I thank all my colleagues who have been so supportive, not just recently but over many years; particularly of course my National party colleagues.
I have the most wonderful staff in the building, and I thank Team Nash for their incredible loyalty and dedication to excellence.
I thank my wonderful sons, Will and Henry, for all their support, and of whom I am so proud.
I will continue to fight for rural, regional and remote Australians – no matter where my life path takes me.
Updated
Cathy McGowan, the independent MP for Indi has also released a statement, confirming she will continue to supply a confidence vote to the government:
Independent member for Indi, Cathy McGowan, has welcomed the clarity provided by the high court today on the citizenship of several members of parliament.
My position has not changed. There will be no deals. As an independent I will consider every bill on its merits, and will continue to represent the interests of my electorate. I will continue to supply confidence and support to the government.
Updated
She is asked about plans the party had to try to make Fraser Anning step aside to make room for Roberts to return (the Roberts replaces Roberts plan) which Hanson originally denied. Journalist Adam Gartrell tells her he has documentation and she says she hasn’t seen it. Malcolm Roberts cuts in to say that he will have more to say about that later.
Updated
Hanson begins to get angry at suggestions her party processes were not in order, given she has now lost two senators (including Rod Culleton).
“It is devastating what is happened, but I am not the only person here facing this, the other parties are, and One Nation hasn’t been around as long as the others. You think they would have got it right and they haven’t.”
Updated
Malcolm Roberts “expresses his regret” but does not accept that he was wrong.
Pauline Hanson does not apologise for saying “hand on heart” she could assure the Australian people that she had seen Roberts’ documents and he was not a dual citizen.
Updated
Malcolm Roberts to run in Queensland state election
Malcolm Roberts is speaking at a press conference in parliament. He is standing next to Pauline Hanson, who is highly emotional and looks to have tears in her eyes.
He thanks Hanson for “never flinching”.
Hanson says she is “absolutely devastated at losing” Malcolm Roberts, who she describes as “unique”.
She says Queensland has not lost Malcolm Roberts - he will stand for the seat of Ipswich in the Queensland state election.
Updated
Tanya Plibersek is speaking at a press conference in Sydney:
We’re not planning any mischief, we are deeply concerned that Australia is facing a period of uncertainty because this prime minister has insisted on keeping to ministers on his front bench who have been not only in eligible to be ministers but in eligible to be in the parliament – two ministers. It’s bizarre that the prime minister asked Senator Canavan to stand aside, he’s been found to be in eligible the whole time, and didn’t ask Barnaby Joyce or Senator Nash to stand aside. They’ve been found to be ineligible.
I think one of the extraordinary revelations this afternoon is Barnaby Joyce thought himself ineligible, he said he was prepared for this outcome, and yet day after day in the parliament he’s been voting on legislation, some legislation that is passed only very narrowly with very serious consequences, he’s been making decisions as a minister, all of those decisions are now perhaps subject to legal challenge. All the while the deputy prime minister thought he was ineligible to be a member of parliament.
Of course the real question here goes to the judgement shown by Malcolm Turnbull. Malcolm Turnbull stood up in parliament and said that he was absolutely confident that Barnaby Joyce was eligible to be a member of parliament and the high court will so hold. I mean, extraordinary that the prime minister would be assuming what the high court would find and in fact turning out to be utterly wrong in his assumptions.
We’ve got a prime minister who is made these bad judgement calls again and again when he should have asked Barnaby Joyce to stand aside, he should have asked Senator Nash to stand aside from the cabinet, he allowed them to continue. He got the call on Senator Canavan wrong too and now, of course, he’s defending Michaelia Cash in the same way he defended Barnaby Joyce.
Updated
In terms of who will take over as Nationals leader, there were reports it would be Nigel Scullion.
That is yet to be confirmed. There is also Matt Canavan in the mix, now that he has been found safe.
Updated
I’ve just been told the prime minister will speak in the next hour or so.
There is a sitting of parliament before the byelection is held. The house is scheduled to sit on 27 November.
Malcolm Turnbull is due to fly to Israel this afternoon. Once he leaves the country, (if he still does) I believe Julie Bishop would be acting prime minister, now that Barnaby Joyce no longer sits in parliament.
Updated
A clarification: the government still has its “absolute majority” as Tony Smith can vote in the event of a tied vote.
Indi MP Cathy McGowan has agreed to continue to support the government is matters of confidence.
Updated
Albanese says Joyce has learnt nothing, as he announced the byelection date in his press conference, despite not having the authority to do so.
Joyce said he expected it to be held around 2 December. That is the earliest it can be held, as long as the writs are issued in the next few days.
Updated
Anthony Albanese is speaking to Sky.
He says that both Malcolm Turnbull and Barnaby Joyce have been “humiliated” by what the high court found.
“And that is why it has been so unwise that he has continued to sit as the deputy prime minister.”
Albanese says it is “breathtaking” that Joyce has admitted that he thought the decision would go against him, as he continued to sit in parliament.
Updated
The court accepted Tony Windsor’s counsel’s argument in its judgment, as we said a little earlier.
Windsor was represented by Justin Gleeson, for those who remember the court cases from a couple of weeks ago.
Gleeson is the former solicitor general who resigned after a public stoush with attorney general George Brandis
Updated
Just to recap, what we know.
- Barnaby Joyce has been ruled ineligible
- The government has lost its majority
- The NSW seat of New England is going to a byelection
- The Nationals have also lost their deputy leader, Fiona Nash, a minister
- The Greens senators Larissa Waters and Scott Ludlam made the right decision in resigning, as the high court ruled them ineligible
- Malcolm Roberts is no longer a senator
- Nick Xenophon and Matt Canavan have been ruled eligible
- Nick Xenophon’s upcoming resignation means there will be a casual vacancy for the NXT
Updated
The government has just lost its majority.
We are waiting to hear what that means for them.
Barnaby Joyce says that is not what he is focussed on right now:
“I will concentrate on the people of New England,” he said.
Updated
Empty chair #estimates @AmyRemeikis @GuardianAus @murpharoo #politicslive pic.twitter.com/LqcAMKwJ9U
— Mikearoo (@mpbowers) October 27, 2017
Barnaby Joyce is asked about his personal life being discussed in the media. He says it was disappointing:
I’m not going to participate in it. I will concentrate on the people of New England. That is exactly what I was doing today. I will be talking to people in the streets, the supermarkets, the sale-yards, and making sure that service to them and my nation remains foremost in my mind.
Updated
Paul Karp is working on the judgment as we speak, but here is the brief summary:
The judgment summary #citizenshipseven pic.twitter.com/btDyFo3mzT
— Amy Remeikis (@AmyRemeikis) October 27, 2017
Joyce says he doesn’t think he could have done anything more.
“No. The statement of facts are as they are. I had no reason to believe that, you know, I was a citizen of any other country that Australia. That is the way it is.
But he says it has been tough:
“Really tough. Of course it is tough. It is a tough game, politics. You dedicate so much of your time to it. You take the hits and the sacrifices. We all buy the ticket, we know the risks. Now I am going to make sure that I don’t cry in my beer. I will get back to work and were cut for the people in my electorate, the elected of New England, and do the best for my nation which I have always tried to do.”
Updated
One Nation’s Malcolm Roberts and Pauline Hanson have announced a press conference for 3pm AEDT.
Updated
“I was always prepared for this outcome, I don’t actually stand here totally surprised,” Barnaby Joyce says at a press conference in his electorate.
He later says: “In my gut I thought this is the way it was going to go.”
He offers his support to his former deputy Fiona Nash and says it is great to see Matt Canavan back.
“So it’s a pretty simple story, we are off to a byelection.”
Updated
Barnaby Joyce is holding a press conference. He says there will be a byelection around the 2 December.
Updated
From the judgment:
“The court held that the approach of the amicus (friend of the court) and Mr Windsor must be accepted, as it adheres most closely to the ordinary and natural meaning of the language of s(ection) 44 and accords with the views of a majority of Justices in Sykes and Cleary”
Updated
Twitter is having a field day:
— Tim Watts MP (@TimWattsMP) October 27, 2017
(Disclosure: I was the Fairfax journalist referred to here)
I should also give a shout out to Paul, here was his prediction after the court cases were heard:
Update #Citizenship7 prediction: Roberts, Joyce, Nash, Ludlam, Waters GONE; Xen safe; Canavan 50/50 probs OK on technicality #auspol #auslaw
— Paul Karp (@Paul_Karp) October 12, 2017
The Greens are the first with a response.
Here is the statement:
Australian Greens leaders respond to today’s high court ruling on citizenship
Australian Greens Leader, Richard Di Natale, has commended former Senators Larissa Waters and Scott Ludlam for their integrity following today’s high court ruling on MPs citizenship.
Larissa and Scott have acted honestly and with full accountability to the Australian people throughout this process.
When these issues first came to light, they did the honourable thing and resigned from the parliament. Larissa and Scott have shown respect for the constitution, for the parliament and most importantly, for the Australian people, and I respect them immensely for that.
Larissa and Scott did not take the decision to resign lightly, but respected the constitution and the previous, strict rulings of the high court. They have shown integrity which has been sorely lacking from Parliament in recent months.
Senate recounts will now be undertaken to replace those senators who have been found to be invalid by the high court. I look forward to welcoming new Greens MPs to Canberra in the coming weeks.
Since their resignations, both Scott and Larissa have been widely praised for their contributions to public and political life. I want to thank them both once again for being outstanding friends, colleagues and deputies.
Comment from Greens senator Jordon Steele-John
I would like to take this opportunity to join with all other Greens members and supporters in passing my thanks on to Scott for his exemplary work in the Senate.
I have great admiration for the way both he and Larissa have dealt with this difficult period.
I am excited by the prospect of the AEC’s recount and look forward to their announcement in coming days.
Updated
Paul Karp is in the court and he is giving us all the updates as they came.
Bridget Mackenzie, a Nationals MP, just ran out of the estimates committee she was sitting in on.
Updated
It also means that the only minister who did step down from the cabinet – Matt Canavan – is the only one who has been found to have been eligible. The two ministers who stayed in cabinet on the solicitor general’s advice are the ones who have been found ineligible.
Updated
The Nationals have lost their leader and their deputy leader.
The government is headed to a byelection in the NSW seat of New England. This is after the prime minister said in parliament in August that he was confident that Joyce was eligible to sit in parliament “and the high court will so hold”.
Updated
BARNABY JOYCE IS INELIGIBLE
Byelection for Barnaby Joyce
Scott Ludlam - INELIGIBLE
Larissa Waters - INELIGIBLE
Malcolm Roberts - INELIGIBLE
Fiona Nash - INELIGIBLE
Matt Canavan is ELIGIBLE
Nick Xenophon is ELIGIBLE
Updated
Barnaby Joyce is going to a byelection.
Updated
The court is in session.
Updated
We have a minute until the high court sits.
It will read through the questions of each MP – is there a vacancy, how should it be replaced if there is and so on.
So no blanket answer.
Updated
The order we expect the answers in
We expect the answers to come in the order the MPs were referred to court.
That would be:
- Matt Canavan
- Scott Ludlam
- Larissa Waters
- Malcolm Roberts
- Barnaby Joyce
- Fiona Nash
- Nick Xenophon
Updated
The defence
The government says that Joyce, Nash, Canavan, Waters and Xenophon should not be ruled ineligible because they did nothing to obtain/retain their dual citizenship and also did not know about it, so they could not have had split loyalties.
The government argued that Scott Ludlam and Malcolm Roberts should have reasonably expected they had citizenship concerns, as both were born overseas and became Australian citizens.
The Greens argued everyone should go and ignorance is not an excuse.
Tony Windsor (challenging Barnaby Joyce) argued ignorance is not an excuse, and anything other than a black-and-white reading of section 44 is opening up the field for potential “witch-hunts’ over knowledge – did you know there was a possibility of being a dual citizen and how could that be proved?
Xenophon argued he didn’t believe he even had any citizenship rights, given he is a British overseas citizen, a tier of citizenship that doesn’t even give you the right of abode.
Roberts argued he has always felt Australian and could not have known he was a dual citizen with the UK.
Updated
For those needing a refresher on the issues the high court is facing, you’ll find that here.
Probable replacements if the court rules all seven members are ineligible:
The Coalition
Barnaby Joyce – his fate would be decided at a byelection in his seat of New England
Matt Canavan – Joanna Lindgren
Fiona Nash – Hollie Hughes
The Greens
Larissa Waters – Andrew Bartlett (if found to have been eligible, Waters resignation will spark a casual vacancy)
Scott Ludlam – Jordon Steele-John
Nick Xenophon – Tim Storer (if found to be eligible, Xenophon’s resignation will spark a casual vacancy)
Malcolm Roberts – Fraser Anning
Barnaby Joyce is in his electorate and has announced a press conference for 2.30pm AEST.
The court is due to hand down its judgment at 2.15pm AEDT
Updated
Focus turns to high court
The committee is on lunch suspension and that is where we will leave you with that, because George Brandis is not returning.
So we are going to take a short break while we prepare to bring you all of the news from the high court.
The judgement is being handed down at 2.15pm. Barnaby Joyce and six senators will learn their fate as the court decides whether dual citizenship made them ineligible to stand for parliament. You can read more on that here from Paul Karp and Katharine Murphy.
Barnaby Joyce and senators Matt Canavan, Fiona Nash, Larissa Waters, Scott Ludlam, Nick Xenophon and Malcolm Roberts will all learn their fate.
It’s Joyce who has captured the attention. He’s the only lower house MP (in this round – David Gillespie is also before the high court on a separate section-44 matter) and if the high court rules him ineligible, he will face a byelection in his NSW seat of New England.
There are quite a few of the spotlighted players in Canberra, so we will bring you all of the reaction, whatever the decision, as soon as it comes to hand.
Brace yourself: the judgement is coming . And no matter what it is, there will be shockwaves.
Updated
The committee has been going back and forth over issues it is allowed to talk about. Brandis continues to refer to the public interest immunity.
George Brandis confirms there have been no resignations from the prime minister’s office and no resignations from justice minister Michael Keenan’s office (since Wednesday).
Updated
The Nationals NSW director quits
In other breaking news:
#BREAKING Nationals NSW Director @Nathan_Quigley calls it quits #auspol pic.twitter.com/k7KMb6BEQR
— Anna Henderson (@annajhenderson) October 27, 2017
This has been announced just hours before the party learns if it is heading to a byelection.
Updated
Bridget Mackenzie is asking the ROC if they are aware of times union members and leaders who have been under investigation have destroyed documents.
After attorney general, George Brandis, used an AFP investigation into the leak to claim public interest immunity to refuse most questions, the Registered Organisations Commission’s executive director Chris Enright is now also rejecting questions on the basis the Australian Workers Union has a federal court case against it.
Brandis leaps to his defence, noting the matter is “sub judice” ( Latin for the fact it would be contempt of court to prejudice the court case).
When Labor’s Doug Cameron asks why Enright was able to answer questions on Thursday, Enright responds:
“What’s now become clear, and what is changing, is it’s become clearer to me those proceedings are challenging the legality of commencement of investigation by ROC as well as issue of search warrants.”
Updated
Labor establishes there have been no more resignations from Michaelia Cash’s office since Wednesday night.
Doug Cameron and George Brandis then break into an argument over who is disrespecting the Australian federal police.
Brandis: My view, Senator Cameron, as the attorney general, who more than any other minister in the government is responsible for the observance of the law and the rule of law, it is a matter of shame and disgrace, that you as a member of the opposition frontbench, should attack the integrity of the Australian federal police and the men and women of it. You should be ashamed of yourself senator, because you are a disgraceful person.
Cameron: The senator should withdraw that remark. No comment has been made about the federal police, the opposition are not pointing fingers at the federal police, we are certainly concerned about the minister’s office, we are certainly concerned about the minister, we are certainly concerned about the prime minister and his office and other offices.
Brandis: He referred to the AFP raids as a witch-hunt. If that is not an innuendo or an allegation of bad faith or improper conduct against the AFP, I don’t know what is. And I repeat Senator Cameron, for you as a member of the alternative government to show such contempt for the Australian federal police, and the men and women, the brave men and women who staff is, is contemptible.
Cameron calls it “nonsense” and the committee attempts to move on.
Updated
Kerri Hartland from the employment department says Michaelia Cash’s staffer’s equipment had been secured.
Cameron then asks what the ROC has done.
“The ROC hasn’t taken steps,” Bielecki says.
Brandis interrupts to say accuse Cameron of “assuming that an employee of the Registered Organisations Commission is going to break the law”.
“You are in no position to say I am assuming that,” Cameron returns. “You are coming here, saying that we can’t ask even questions on this, and yet you seem quite calm that documentation, computers, telephones are unsecured in the office of ROC.”
Brandis: The point I am making to you, is to interfere with, or delete, or destroy any relevant record would itself be unlawful. Your questions assume that employees of the Australian government are people who will break the law, you have no basis for that assumption.
Cameron points out that “ministerial staff have engaged in egregious breaches of the law”.
Brandis says ROC is not a political body
“So I just make the point to you, by saying there is something untoward by saying the steps you need to be taken, not being taken, must assume there is a risk of employees of the ROC will commit a crime. You have no basis for that assumption.”
Cameron asks whether Bielecki will take steps to secure the equipment and documents. He says it will co-operate with the AFP investigation.
Executive director of the ROC Mark Enright says he has taken steps “to the extent that they are possible at this stage” to ensure the “physical location of the equipment” and staff have been spoken to “set out the protocols”.
“We are employees of the public service, we adhere to the code of conduct very stringently.”
“As an absolute minimum, no staff in my agency would delete an email that may even be relevant. They are staff who are committed to the code of conduct, they understand what is going on in these proceedings and I am entirely confident of that.”
Updated
Pat Dodson spoke to the ABC this morning about the government decision to reject the the proposal for a constitutionally enshrined voice in parliament for indigenous people
It wasn’t honourable because they didn’t discuss any of this with their own advisory committee. They didn’t discuss it with any of the Indigenous leadership.
They certainly didn’t discuss this with the opposition before they allowed a leak or a leak took place – and we wouldn’t even be having the discussion if the leak hadn’t taken place.
So there is nothing honourable about what’s happened here. And certainly to then come back and say they made a judgement that a proposition that has been put by the First Nation’s people would not pass the referendum test: now who knows that?
We’ve just spent $122m surveying people on the question of same-sex marriage. Now that’s a good thing to do and it’s a necessary thing to do.
We could have taken the same approach here. There are innovative ways to deal with the complexities surrounding the question of entrenching a voice.
And I think to foreclose on that, having spent a lot of money, a lot of time, a lot of energy gone into this and to just simply reject it because the conservative element within the party of Mr Turnbull has rejected it.
Updated
Doug Cameron is pushing back and asking questions, again, and says: “This is a political issue, not a national security issue”.
Cameron: Is the government acting to stop the destruction or concealment of documents or any evidence by the minister’s office or the Fair Work Ombudsman that is relevant to this investigation? Senator Cash couldn’t assure the committee that this had occurred. If I have a reasonable belief that it could occur, presumably there will now be a bank of TV cameras out front of the minister’s office awaiting the arrival of the AFP.
George Brandis: Senator, this the subject as we now know of a police investigation. To destroy material relevant to a current police investigation would itself be against the law. I have absolute confidence that both the minister, her staff and her department will be obedient to the law and I should remind you Senator Cameron that the minister is herself a lawyer, so she understands these principles perfectly well.
Cameron: I also asked about the Fair Work Ombudsman
Brandis: I think you may as well take it Senator Cameron that all agencies of the Commonwealth of Australia and its employees are obedient to the law.
The head of the Registered Organisations Committee, Mark Bielecki, is asked whether he has taken any steps to secure any potential evidence. He says he has not. Cameron says he can not believe it.
Updated
Here are the letters which George Brandis have just tabled pic.twitter.com/IlqFsh0dWl
— Amy Remeikis (@AmyRemeikis) October 27, 2017
The committee is back and Labor are still fighting to be able to ask questions about the leaks.
This is what Brandis is relying on to say he (and the ROC) can't answer any questions on the raid. pic.twitter.com/POciqMeADe
— Ashlynne McGhee (@ashmcghee) October 27, 2017
Updated
In another estimates committee, Nigel Scullion, the Indigenous affairs minister, who was eviscerated by Patricia Karvelas on RN Drive last night for the government’s decision to categorically rule out a referendum on enshrining an Indigenous voice to parliament in the constitution, has been squaring up against senators Pat Dodson, Malarndirri McCarthy, and Rachel Siewert.
Scullion has suggested that the Referendum Council, which was commissioned by Malcolm Turnbull and Bill Shorten to consult on the idea of Indigenous constitutional recognition, failed by not speaking to non-Indigenous people.
He said:
The task for the referendum council was to talk to Australia, to consult with Australia, and I think the Referendum Council’s view was that was speaking to Aboriginal and Torres Strait Islander people. Speaking to 3% of the population when you are actually trying to deal with a national issue was part of the fail.
There was very little work down with the mainstream, non-Indigenous part of the community. I’m not arguing whether it should or shouldn’t have been.”
This is the first time I have heard anyone suggest that the Referendum Council was supposed to talk to non-Indigenous people, as well as Aborigiinal and Torres Strait Islander peoples. In fact it was celebrated as the first active consultation with Aboriginal and Torres Strait Islander peoples commissioned in more than 10 years of discussion of Indigenous recognition.
The first term of reference for the Referendum Council states:
“The Council will lead the process for national consultations and community engagement about constitutional recognition, including a concurrent series of Indigenous designed and led consultations.”
The grilling continues.
Updated
The Australian federal police advised by email they would be carrying out an investigation into the leak of the raids at 7.05pm last night. The email was sent to Michaelia Cash’s office. It was shown to George Brandis “earlier this morning”
Brandis says he was “made aware of this hearing sometime yesterday and I was told that Senator Cash had a long standing commitment in Perth ... I think about lunchtime ... and because I was in Canberra today for an unrelated reason, I volunteered [to attend in her place].
Labor is attempting to ascertain when Brandis learnt about the AFP investigation, given he has just sprung the public interest immunity move on them.
The committee is suspended again to discuss how to move forward, now that Brandis has outlined what he will be claiming public interest immunity on.
We are working on getting a copy of the letter which was tabled, but remember, it is redacted.
Updated
The committee is now going on break to read George Brandis’s letter where he outlines what matters he believes applies to public interest immunity.
Doug Cameron is asking George Brandis when he made the decision to invoke public interest immunity of the ROC matter. He says this morning.
Just quickly, Samantha Maiden from Sky has reported she understands the government is preparing to make changes to the citizenship laws, for future MPs, to stop foreign countries from conferring citizenship upon Australians without their consent.
Interesting to see how that would work.
.@samanthamaiden: The government is preparing changes to the Citizenship Act in the wake of the High Court case. https://t.co/OCHHCPsLUp pic.twitter.com/Or9dC9RpSb
— Sky News Australia (@SkyNewsAust) October 27, 2017
Updated
The committee is about to come back from break – anyone wanting to follow along should be able to find the link – here
The employment committee has gone on its morning tea break.
It’s around this time the letter George Brandis has flagged, outlining what he plans to invoke public interest immunity on, will be tabled.
If necessary, the soonest a byelection in New England could be held is 2 December. That’s not in time for the next session of parliament which is scheduled for 27 November. That plays havoc with the government’s one-seat majority, but Indi MP Cathy McGowan has said she will support the government in confidence motions. The Speaker also has a vote in cases where the vote is tied.
From speaking to those in the government I get the feeling that now they are just waiting to see what switch they need to flick. They seem as keen to get this decision over and done with as you do.
As for what happens with the senators, those next in line seem ready to pick up the mantle, including Hollie Hughes (next in line for Nash) and Joanna Lindgren (next in line for Canavan).
Updated
Time is ticking closer to the high court decision.
For those needing a refresher, Paul Karp and Katharine Murphy have put together a nice story here , which includes the context of the week that was:
The controversy over Cash came as nervousness within the Coalition increased ahead of the high court ruling.
The “citizenship seven” are: deputy prime minister Barnaby Joyce; deputy Nationals leader Fiona Nash; former resources and Northern Australia minister Matt Canavan; One Nation senator Malcolm Roberts; senator Nick Xenophon and former Greens senators Larissa Waters and Scott Ludlam.
Joyce will face a byelection in New England if found ineligible, while senators will be replaced by a recount likely to return the next candidate on their parties’ 2016 Senate ticket.
If Joyce is found ineligible, the Turnbull government will have 75 lower house seats, making it more likely to lose house votes unless the Coalition retains Joyce’s seat against a likely run by former independent MP Tony Windsor.
Updated
AFP won't hand over seized AWU documents until after December
The court timetable means the AFP won’t hand over any of the documents it seized during the raids to the Registered Organisations Commission until after the court has heard the case.
The ROC has until 1 December to file their defence. That doesn’t leave a lot of time for the federal court to hear the case, because they usually go on Christmas break. So expect this to go on for a while.
Updated
The court hearing, which was to set further directions on the AWU’s challenge of the validity of the raids on its office, has been cancelled. It was deemed not necessary as the parties both agreed on a timetable themselves.
Maurice Blackburn, which is representing the AWU; just released this statement:
A court timetable has been set in the AWU’s fight to challenge the validity of this week’s unprecedented police raids launched by the Registered Organisations Commission (ROC) on the union’s Sydney and Melbourne offices.
Maurice Blackburn Lawyers, who are representing the AWU, said today that court orders confirming a timetable for the case had been agreed to by all parties, removing the need for a federal court directions hearing that had been scheduled for this morning in Melbourne.
Maurice Blackburn Principal Josh Bornstein said critically that the orders were made together with commitments from both the ROC and AFP that no documents seized in this week’s raids by the AFP will be handed over to the ROC until the court has heard the case.
Mr Bornstein said the union’s case compromised two key parts, namely:
· That the raid conducted by the AFP was illegal; and
· That the investigation by the ROC is illegal because it is politically motivated.
Prior to these raids, the union had handed over disclosure statements from 10 years ago in relation to Get Up donations to the ROC, but in doing so had pressed the regulator to provide it with information about the political interference by the Turnbull government in this matter.
Disturbingly, the ROC has refused to hand over all file notes of its communications with minister Cash and her office and we will continue to seek all such documents as part of the federal court case,” he said.
Under the agreed timetable, evidence must be obtained from all parties next month, with the respondents required to file their defence by 1 December 2017. A substantive hearing will be held in December at a date to be set, following the filing of defences.
Updated
Doug Cameron is back in the committee and he withdraws his previous statement about George Brandis. The hearing moves on, still on asbestos.
My colleague Calla Wahlquist is listening to the estimates hearing examining Indigenous issues. Follow her on @callapilla to learn more.
Dodson pushing Scullion on whether the govt might support a voice if it was established by simple legislation, not in the constitution.
— Calla Wahlquist (@callapilla) October 26, 2017
Updated
Meanwhile, back in Queensland, where everyone is on high alert, the election will be called within days, and Katter’s Australian party has made its position clear.
If it hold the balance of the power in the state (KAP has two Queensland MPs at this stage), state leader Robbie Katter, son of Bob, says the party will “immediately take the first step toward the establishment of north Queensland as a separate state”.
That first step is forming a committee “of independent experts with knowledge of the legal, economic and social factors to be considered”.
And the border? The KAP says it should be at Rockhampton, with Rocky becoming part of north Queensland.
Updated
The meeting returns, although Doug Cameron doesn’t immediately return to the room.
George Brandis starts with a statement:
Senator Cameron made a very serious and untruthful reflection on me, he said that I had been colluding with the prime minister’s office in relation to this morning’s hearing, not withstanding he asked me whether I discussed this morning’s hearing with the prime minister or his office or whether my staff had done so, to which the answer was a simple and unequivocal no. I require, I ask him to require that that reflection be withdrawn, so when senator Cameron returns, he does the appropriate thing and of course if he refuses to, then there are certain courses of action open to you, which I would ask you to follow.
Linda Reynolds says she will raise it with Cameron when he returns.
Updated
Doug Cameron asks George Brandis if he is aware why Michaelia Cash can’t be before the committee today.
“I am aware that she has a long-standing prior commitment,” Brandis says.
Cameron: Could you provide details as to what that engagement is to the committee?
Brandis: I’ll take that on notice.
Cameron: I have just got to say we have a minister in senator Cash who has thrown one of her staff under the bus to protect her own, activity, her own position.
He is interrupted by Linda Reynolds who asks if it is a question or a general statement.
The hearing dissolves into yelling, as Reynolds attempts to quiet Cameron, who, I can’t hear entirely but says something about “collusion with the prime minister’s office, coming in here and actually trying to cover up, this is a ... ”
Reynolds cuts the microphones and the meeting goes private.
Updated
Doug Cameron has the floor in the committee and he is asking George Brandis whether steps have been taken to secure the computer and equipment of the “media director of the Fair Work Ombudsman”.
“I personally haven’t,” Brandis says.
“... I don’t know the answer to that question, senator Cameron, but the matter is the subject of a current investigation.”
Cameron asks if Brandis has attended a briefing from the prime minister’s office on this issue.
Brandis says he has not. And that none of his staff have, with two succinct no’s to each question.
But when it gets to whether any of Michaelia Cash has, he refers to the public interest immunity convention.
“The chair has ruled that this matter will not be dealt with until after the morning tea adjournment,” Brandis says.
That will be after the redacted letter will have been tabled, the one which will lay out all of the issues Brandis says he can’t talk about because of public interest immunity.
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Nick Xenophon is on the committee, asking questions of the asbestos safety and eradication agency. Today is his last chance to ask these questions. Even if the high court rules he is safe, he is resigning to run in the South Australian state election.
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The committee has returned.
Linda Reynolds says it is important for the committee to know what issues George Brandis will be claiming public interest immunity on. Brandis’s office are preparing that letter as we speak.
But the one which will be tabled publicly, will be redacted.
While we wait on the committee to reconvene, I’ll remind you that Scott Morrison is due to meet with the state and territory treasurers today.
The Australian had a very interesting story ahead of this.
In other news, Malcolm Turnbull was spotted out and about for his usual morning walk by Nine News this morning, leading to this exchange:
Nine: Morning, prime minister – big day today?
Turnbull: It’s always a beautiful day in Canberra.
Nine: Will you still have a deputy PM this afternoon?
Turnbull: We look forward to the high court’s decision.
That’s a slight walkback from Turnbull’s declaration in August that Joyce was “qualified to sit in the house and the high court will so hold”.
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AFP to investigate AWU raid leak
Michaelia Cash had “longstanding” electorate business in Western Australia and so is not before the estimates hearing looking into the Registered Organisations Commission today.
But George Brandis is.
And he opens by announcing the Australian federal police have opened an investigation into the leak to the media of the raids of the AWU offices.
He says given the investigation, questions over the leak – with a lot of this morning’s hearing, at least according to Labor members of the committee – meant to focus on who was the “media source” who alerted Cash’s staffer the raids were coming – would be inappropriate. As we already know, Cash’s staffer, David De Garis, alerted some media outlets. He has resigned.
The minister denied five times in an estimates hearing on Wednesday that her office had anything to do with the leak. After the publication of a BuzzFeed article by Alice Workman, which confirmed journalists had been told about the raids by Cash’s office, Cash “corrected the record”.
Yesterday Cash faced a further two hours of questioning by the Senate committee, but didn’t reveal much more than she had on Wednesday evening, other than she had asked the ROC to consider referring the matter to the AFP. Today, Brandis said the ROC had decided to do just that, and the AFP had taken on the investigation.
He says that would make it inappropriate for any further questions to be asked about the issue, which would gag Labor from integrating ROC officials over where the leak could have originated from.
Labor has protested that, with Doug Cameron pointing out that the matter is not before the court, and the AFP does not direct the Senate. Brandis suggested public interest immunity may prevent anyone from asking questions, and the chair, Linda Reynolds, is now looking at whether prejudicing an investigation (which is part of public interest immunity) will prevent questions from being asked.
The committee is on break as it discusses the issue.
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Good morning and welcome to a special edition of politics live
It’s Friday on a sitting week and usually we would be quietly twitching in a corner somewhere while madly working out what happened, what didn’t and what it all means.
But it’s not just any Friday – it’s high court Friday, when the high court will hand down its judgment on the seven MPs – Barnaby Joyce, Matt Canavan, Fiona Nash, Larissa Waters, Scott Ludlam, Nick Xenophon and Malcolm Roberts.
It’s Joyce who has captured most of the government’s attention. He’s the only lower house MP (in this round – David Gillespie is also before the high court on a separate section 44 matter) and if the high court rules him ineligible, we are headed to a byelection in New England.
But before we get to that, there is another estimates hearing involving the AWU raid saga, and the federal court will give further directions on what can happen to the documents seized by the Australian federal police, at the direction of the Registered Organisations Commission, after a referral from Michaelia Cash over the disclosure of donations by the AWU while it was helmed by Bill Shorten.
So let’s get started.
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