Twice in the frenzied events of Tuesday afternoon, the Morrison government turned to its highly capable Speaker in the House of Representatives, Tony Smith, to rescue it from an historic defeat.

Twice, he failed to oblige.

Speaker Tony Smith during a division in the House of Representatives on Tuesday. Credit:Dominic Lorrimer

Attorney-General Christian Porter had asked the Solicitor-General, Stephen Donaghue, to produce a legal opinion on the constitutionality of the so-called medivac bill. Specifically, Porter wanted to know whether it contravened section 53 of the constitution, which dictates that laws prescribing spending or taxation must not originate in the Senate.

Donaghue said the better legal view was that indeed the bill was, indeed, unconstitutional.