Barnaby Joyce accuses Malcolm Turnbull of trying to bring down Government after ex-PM urges High Court referral of Peter Dutton

Updated

Former deputy prime minister Barnaby Joyce says Malcolm Turnbull seems to have an active campaign to try to bring down the Government, after he urged Scott Morrison to send Home Affairs Minister and leadership aspirant Peter Dutton to the High Court.

Key points: Malcolm Turnbull tweeted that he had made the point to former colleagues including Scott Morrison that Peter Dutton should be referred to the High Court

Barnaby Joyce said it seemed like Mr Turnbull had "an active campaign to try and remove us as the Government"

Julie Bishop said she would make her mind up "at the time" if there was another vote on the issue

Mr Turnbull's comment came in the form of a tweet and is his first intervention in Australian politics since being rolled from the nation's top job.

Questions have been raised about Mr Dutton's eligibility to remain in Federal Parliament, after it was revealed his family trust had a financial interest in two government-subsidised childcare centres in Brisbane.

The constitution bans politicians from benefitting financially in any way from the Commonwealth.

But Mr Turnbull's comments have angered Mr Joyce, who was already annoyed that the former prime minister resigned from his seat and created a by-election rather than staying on until the general election.

"What we now have is a majority of one, he has now resigned and it seems like he has an active campaign to try and remove us as the Government," Mr Joyce said.

"That is bitterly disappointing, because we gave our loyalty to the prime minister, Mr Turnbull, and one would expect that there is some form of quid pro quo that comes with that."

Mr Joyce said it would be a fair comment to say there was a degree of "wrecking and sniping".

Mr Turnbull swapped the harbourside views of Point Piper for Manhattan shortly after losing the Liberal leadership, but took to Twitter last night to share his views on the man who brought his tenure as prime minister undone.

The former PM's move makes it harder for the Coalition to move on from the brutal leadership challenge.

Mr Dutton suggested on 2GB radio Mr Turnbull should stay out of politics now he has retired.

He said Mr Turnbull never raised any issue of eligibility with him and the first time it was mentioned was during the week of the leadership challenge.

A bid to refer Mr Dutton to the High Court failed by just one vote three weeks ago.

It is not clear whether another vote would get through.

Former foreign minister Julie Bishop said she would make her mind up "at the time" if there was another vote on the issue.

But she said "of course we want clarity around the standing of all the members of Parliament".

Ms Bishop would not say directly if Mr Dutton should refer himself to the High Court, but said everyone had "personal responsibility to ensure that we are eligible to sit in the Parliament".

She highlighted that other MPs had referred themselves to the High Court to have their eligibility determined.

Finance Minister Mathias Cormann downplayed Ms Bishop's comments, saying they did not amount to a threat to cross the floor of Parliament and vote with Labor.

"The Member for Curtin was just making a statement of the obvious, and that is that as a member of Parliament, she makes a judgment prior to every vote in the house [that] she votes," he said.

Morrison won't seek to send Dutton to High Court

Mr Turnbull sought urgent legal advice from the Solicitor-General Stephen Donaghue QC about Mr Dutton's eligibility, as the Liberal leadership turmoil boiled over.

Dr Donaghue delivered his opinion just hours before Mr Turnbull was rolled as prime minister, saying the Home Affairs Minister was likely eligible to remain in Parliament.

But he added that he could not be certain, and that there was a risk Mr Dutton could be turfed out if his case was referred to the High Court.

Prime Minister Scott Morrison did not criticise Mr Turnbull for his intervention.

But the PM made it clear he would not seek to send Mr Dutton to the High Court.

"I think people have had enough of the lawyers' picnics on these sort of issues," Mr Morrison said.

He noted that there was a vote on referring Mr Dutton to the High Court in Parliament on the day before the leadership change.

Mr Dutton has continually argued he has legal advice putting him in the clear, and said he had no need to be sent to the nation's highest legal authority for judgment.

Any attempt to send Mr Dutton's case to the High Court would have to come from Federal Parliament, and at this stage it appears there is little appetite for such a move.

Section 44(5) of the constitution bans politicians benefitting financially, either directly or indirectly, from dealing with the Commonwealth.

It has claimed one political scalp during the 45th Parliament — former South Australian senator Bob Day was disqualified from Parliament because of a leasing agreement on his electoral office.

Topics: government-and-politics, constitution, federal-government, federal-parliament, scott-morrison, turnbull-malcolm, australia

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