Bill Shorten (Maribyrnong, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Prime Minister. Today the government has asked the High Court to determine whether the Deputy Prime Minister is constitutionally qualified to be a member of parliament. Can the Prime Minister confirm that the Turnbull government is the first government in Australian history that has had to ask the High Court whether in fact it has a majority?

Government Member:

A government member interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

Order! Members on my right.

Mr Robert interjecting—

Mr Morrison interjecting—

The member for Fadden! The Treasurer!

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I thank the honourable member for his question. The High Court has made it very clear that the operation of section 44(i) is not without limits and that it must be read in light of its purpose and intent, which is to prevent conflicts of loyalty arising among people who are members and senators. Now, if an Australian citizen who became a citizen of this country by reason of being born here was to be ineligible to stand for parliament because the law of a foreign country imposed foreign citizenship on them, without their knowledge, due to their descent from a parent, grandparent, great-grandparent, then plainly millions of Australians could be disqualified from standing for parliament.

Based on the advice we have from the Solicitor-General, the government are very confident that the court will not find that the member for New England is disqualified from being a member of this House—very confident, indeed. We have not referred the matter to the court because of any lack of confidence in this view, but, as I noted in my letter to the Leader of the Opposition today, because we want to give the court the opportunity to clarify the operation of the law in this vitally important area, which goes obviously to the heart of our democracy.

Mr Rob Mitchell interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

Before I call the member for Durack, the member for McEwen will cease interjecting. As I made clear earlier today, at the beginning of parliament when the Deputy Prime Minister made his statement, I am going to have a very low tolerance for interjections today. I place everyone on notice with that warning. The matters being discussed require me to hear the questions and the answers, and I think members should appreciate that. Also, as Speaker, those interjecting are not just disrupting me from doing my job as Speaker but preventing other members from hearing the important matters being discussed.