Government in crisis after court ruling
Australian coalition loses its one- seat majority as lawmakers are disqualified for dual citizenship
The Australian Government was dealt a major blow yesterday as the High Court disqualified t wo of its most senior ministers. But Prime Minister Malcolm Turnbull insisted the business of government would continue as usual.
The court ruled that Deputy Prime Minister Barnaby Joyce and the Nationals deputy leader Fiona Nash were ineligible to stand for the 2016 election because they were citizens of a foreign power.
The decision means the coalition Government has lost its one- seat majority and will need the support of at least one crossbench MP on the floor of Parliament’s lower house for confidence, supply and any of its legislation. Joyce could regain his New England seat in a byelection to be held on December 2.
The one bright note for the Government was the return of Nationals senator Matt Canavan to cabinet as Resources Minister after the court ruled he was not disqualified for election.
“The decision of the court today is clearly not the outcome we were hoping for but the business of government goes on,” the Prime Minister told reporters in Canberra yesterday.
Turnbull will assume the agriculture and water resources portfolio from Joyce.
The Prime Minister is due to fly out of Australia today to attend the 100th anniversary of the Battle of Beersheba in Israel, and make a flying visit to Sri Lanka on the way back.
He did not indicate who would be acting prime minister in his absence.
The court also disqualified former Greens senators Scott Ludlam and Larissa Waters and One Nation senator Malcolm Roberts, but not independent Nick Xenophon.
Section 44 of Australia’s constitution bans anyone holding dual citizenship from sitting in Parliament, in a section aimed at ensuring MPs do not hold split allegiances.
Joyce said the court’s ruling did not surprise him.
“In my gut I thought this is the way it was going to go,” he told reporters in Tamworth.
The Prime Minister had consistently expressed a view the court would support the Government’s argument his ministers were validly elected.
Labor deputy leader Tanya Plibersek seized on the decision, saying the Prime Minister had been “reckless” in allowing Joyce and Nash to retain their Cabinet posts while the court decided their fate.
“We now have a minority Government with a hung parliament because Barnaby Joyce broke the law,” she told reporters in Sydney.
Labor also has advice that decisions made by the two ministers and their colleague Canavan since last October could be challenged in court under section 64 of the constitution.
The section provides that “no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or member of the House of Representatives”.
Roberts will now run as a candidate for the Queensland seat of Ipswich at the state election.
Xenophon plans to quit the federal Parliament in any case, to lead a team in the South Australian state election in March next year.
“The irony of the decision is not lost on me,” he told reporters in Canberra.
The Government will need the vote of at least one crossbencher to retain the confidence of Parliament and pass legislation through the lower house.
Independent Cathy McGowan has indicated she will support the Government against any vote of noconfidence and for supply.