Queensland MP says he is considering his position on Chris Crewther’s eligibility under section 44

This article is more than 1 year old

This article is more than 1 year old

Bob Katter has cautioned the Morrison government not to take his vote for granted, warning he may support referring Coalition MPs to the high court over concerns they are in breach of the constitution.

With Kerryn Phelp’s election plunging the government into official minority status, Scott Morrison no longer has the numbers to automatically vote down any opposition attempt to force one of its MPs to the high court.

On Friday, after the Herald Sun revealed Chris Crewther’s investments in a biotech company may place him in breach of section 44, Katter said he would find it “hard to envisage a situation in which I would vote for [a referral] because I have seen so many people struck down by petty, ridiculous rubbish.”

But just 72 hours later, the North Queensland MP said he was “considering my position” on Crewther’s eligibility, while maintaining he believed Peter Dutton, another government MP in Labor’s section 44 crosshairs, as being a different case.

Katter has linked his now crucial vote to how North Queensland fares in the lead up to the next election.

Kerryn Phelps zeroes in on climate change and Peter Dutton's eligibility Read more

“I’m not impressed with the [Morrison] government in their three months in office running around pork barrelling,” Katter said in a statement.

“I’m not saying that they can deal with their seven or eight life and death issues in North Queensland in this short period, but they are not dealing with any of them.

“It seems that there is little point in working with a government that has had three months to do something for the north when all they are interested in is pork barrelling to secure votes.

“Clearly this indicates they have no interest in really helping North Queensland.

“The political stupidity of this is that they are listening to the donor democrat crony capitalism push and not the people.”

Labor has indicated it will push ahead with plans to refer Crewther, and attempt to force Dutton to the high court in the final sitting of parliament.

Crewther came under question after buying shares in a company which has received company grants, through his and his wife’s self-managed super fund, while Dutton is being questioned over his family’s financial interest in childcare centres, which receive government subsidies.

Section 44, which disallows dual citizens from holding office, also places a ban on MPs receiving direct, or indirect benefit from the commonwealth.

Phelps has indicated she would like to see a briefing on the section 44 issues, while Cathy McGowan, Rebekha Sharkie, Andrew Wilkie and Adam Bandt have all said they would look at each case on its own merits.

All, but Phelps, who will join the parliament for its last sitting later this month, have previously voted to refer Dutton to the court in September. He was saved by one vote.

Phelps has asked for an urgent briefing on Dutton and Crewther, but said she believed herself clear of any of her own potential section 44 issues, after receiving legal advice.

The new Wentworth MP said Medicare rebates, which she received as a doctor, were paid not directly to her, but to her patients, and her former life as a City of Sydney councillor did not impact her eligibility. Dutton has also said he had legal advice which cleared him of any potential conflicts.

However the crossbench votes, timing may be in the government’s favour, with any referral to the high court, if successful, unable to be heard until after the holiday period next year.

Any final decisions are unlikely to be handed down until May, the latest the government can schedule a general election, saving it, in the case of a non-favourable ruling, from further byelections.

Under the constitution, elections essentially re-set a parliamentarian’s eligibility, meaning any previous issues, if corrected before re-nominating as a candidate in the general election, do not carry over into the new parliament.