Richard Di Natale says Greens will offer to conduct ceremonies on behalf of councils that do not want them on 26 January

This article is more than 1 year old

This article is more than 1 year old

The Greens have offered to preside over citizenship ceremonies on behalf of councils that refuse to conduct them on 26 January in a bid to thwart Scott Morrison’s attempt to force councils to celebrate Australia Day.

The Greens leader, Richard Di Natale, made the offer on Wednesday, citing advice from the parliamentary library stating that MPs and senators have the power to conduct citizenship ceremonies under current regulations.

The home affairs department responded by suggesting that parliamentarians require departmental approval for ceremonies, a claim contradicted by supplementary library advice.

Scott Morrison told reporters in Vanuatu the Greens’ move was “a stunt” that was “a further attempt to try and undermine Australia Day” while acting immigration minister Mathias Cormann suggested authority to conduct ceremonies could be revoked in retaliation.

The date of the national day has become controversial because the arrival of the first fleet at Sydney Cove on 26 January 1788 began the process of dispossessing Indigenous Australians of their land.

In 2017, the Yarra and Darebin councils in Melbourne voted to move their ceremonies away from 26 January, which prompted the Turnbull government to revoke their right to initiate new citizens.

On Sunday the Morrison government announced a change to the Australian citizenship ceremonies code that from 2020 will force councils to hold a citizenship ceremony on 26 January, another on 17 September, and institute a dress code to be determined by councils.

Di Natale said that Morrison “is playing a predictable political game trying to punish councils for reflecting the will of their constituents and standing up for justice for First Nations peoples but the Greens won’t let him”.

Councils ask Morrison to pay for citizenship ceremonies on 26 January Read more

A home affairs department spokesman told the Australian that members of parliament must carry out citizenship ceremonies in line with the Australian citizenship ceremonies code and “with the approval of the department”.

Parliamentary library advice, seen by Guardian Australia, rejected that claim, stating “there is nothing in the citizenship legislation or regulations stating that senators and members must seek authorisation from the minister or department to preside over a citizenship ceremony”.

“However, in practice, assistance from the department will be required – notably, in providing a list of citizenship applicants who are eligible to take the pledge,” it said.

“The limiting factor in a senator being able to conduct a ceremony may therefore be the ability of the department to provide this information in a timely fashion.”

Cormann issued a statement acknowledging that all federal parliamentarians “are currently authorised by the minister, via legislative instrument, to preside over a citizenship ceremony”.

Cormann said the Australian citizenship ceremonies code states that ceremonies must not be used as forums for political, partisan or religious expression and noted the immigration minister has the power to revoke authorisation for “any individual or organisation found to be in breach, or making it clear that they intend to breach the code”.

“As our government has done with two local councils already, the minister can revoke a person’s or an organisation’s authorisation to conduct citizenship ceremonies, by changing the relevant legislative instrument.”

On Wednesday Bill Shorten told Channel Nine’s Today show that Labor will not follow the Greens’ lead, suggesting that the “extremes” in Australian politics “say radical things” to “grab a headline”.

“The Greens can say and do what they want,” he said. “Labor is not going to go down that path.”

Shorten has committed that, if elected, he will ensure Australia Day remains on 26 January and stays a public holiday.

He accused Coalition conservatives of “always wanting to talk about politics on Australia Day”. “I don’t want to be the fashion police telling people what they can wear at citizenship ceremonies.

Morrison said it was “not good enough” for Shorten to say he wouldn’t change the date, he also had to “stand up for it” as the government had done.