Julie Bishop won’t support a Labor motion to refer Peter Dutton to the High Court over his eligibility to sit in parliament.

The Home Affairs Minister has been under intense scrutiny for almost a month over his family’s financial interest in two childcare centres.

Ms Bishop last week called for clarity on the issue, saying she would make her mind up on whether to vote with Labor to refer Mr Dutton if it came before parliament.

But the former deputy Liberal leader has since walked away from her veiled threat.

“Based on current information, I would vote against such a motion,” she told The Australian on Monday.

Section 44 of the constitution disqualifies anyone who has a “direct or indirect pecuniary interest” in any agreement with the Commonwealth.

Mr Dutton is confident legal advice from the solicitor-general and his own lawyer clears him.

“These issues are being raised for political purposes. It was raised by the Labor Party in October of last year and they didn’t raise it again (until recently),” Mr Dutton told reporters in Canberra on Monday.

“I’m very confident of my position.”

Former prime minister Malcolm Turnbull, who Mr Dutton tried to overthrow before Scott Morrison narrowly won the Liberal leadership, tweeted from New York on Thursday that the minister should be referred to the court.

Mr Dutton refused to comment on Mr Turnbull’s intervention and denied Ms Bishop had indicated she would cross the floor.

Opposition Leader Bill Shorten has urged coalition MPs to “ventilate their feelings” about the situation.

Mr Dutton urged his colleagues to unify around Mr Morrison, citing Mr Shorten’s poor personal approval rating as evidence Australians believe the Labor leader is “dodgy”.

At the height of the Liberal leadership crisis, Solicitor-General Stephen Donaghue advised he could not categorically determine Mr Dutton’s status and only the High Court could.

However Mr Donaghue found on balance Mr Dutton was “not incapable” of sitting as an MP.

Mr Shorten said there needed to be clarity about Mr Dutton’s position.

“This is not just Labor saying there’s a cloud over the eligibility of a senior minister – it’s now Malcolm Turnbull, it’s now Julie Bishop,” Mr Shorten told the ABC.

“Having learnt the hard way myself, you’re better removing all ambiguity and submitting it to the High Court.”