Senate debates

Monday, 4 September 2017

Parliamentary Representation

Qualifications of Senators

10:11 am

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | Hansard source

On the behalf of the Australian Greens, we will also support this referral to the Court of Disputed Returns. I do take issue, however, with some of the comments of Senator Brandis, specifically with regard to the timing. It's my understanding that Senator Nash was aware of this on Monday, and yet it took until almost everybody had left this building late on Thursday for Senator Nash to come into an empty chamber to effectively disclose the fact that she was a dual citizen. I don't think that's prompt, with due respect. I think that's tawdry and I think it's treating this chamber with disrespect.

With regard to the decision to stand aside, we concur absolutely with Senator Wong that a precedent was set. We think that precedent should've gone further and that they should've followed the lead of former Greens senators, Senator Ludlam and Senator Waters, who effectively resigned from their position because of a very clear reading of section 44. However, in the absence of that, Senator Canavan made the decision to stand aside as a minister. That is a precedent that has not been followed by Mr Joyce in the lower house of parliament or now by Senator Nash here in the Senate. It casts a huge shadow over decisions that are being made by both of those ministers and throws this chamber and, indeed, the parliament, open to challenge for decisions made by both ministers while this question mark hangs over their heads. We now know that should a decision be made, for example, to throw a billion dollars at the Adani mine that it will be a decision that is challenged in the courts as a result of these decisions by both Senator Nash and, indeed, Mr Joyce not to stand aside from their positions as ministers.

Finally, another sitting week begins with a referral to the High Court. And we will be here again and again and again unless we have a full and comprehensive audit of all members of this parliament. This is something that needs to be dealt with quickly, regardless of the pain that might be inflicted on the government. Indeed, the Labor Party haven't carried themselves with any degree—I think—of openness or transparency by refusing completely to engage with questions around the eligibility of some of their members of parliament.

We now have every member of this crossbench say, very clearly, that they will subject themselves and members of their teams to a thorough and comprehensive independent audit. And yet we have both the Labor Party and the Liberal Party making it very, very clear that, when it comes to protecting their own interests, they will put their own interests ahead of the public interest. That is something the Greens wholeheartedly reject. My understanding is that every member of this crossbench, with the exception of Senator Leyonhjelm, has shown leadership on this issue and has shown the only way this issue can be resolved is with a thorough and comprehensive audit of all members of this parliament.

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