Senate debates Documents

Solicitor-General's Advice; Order for the Production of Documents


Richard Di Natale

Richard Di Natale Victoria, Australian Greens

3:45 pm

I seek leave to amend general business notice of motion No. 428 standing in my name for today concerning an order for the production of documents relating to advice from the Solicitor-General before asking that it be taken as formal.

Leave is granted.

I move the motion as amended:

That—

(a) the Senate notes:

  (i) the admission of the Member for New England, Mr Barnaby Joyce MP, that he may hold New Zealand citizenship,

  (ii) that the New Zealand Government has confirmed that Mr Joyce is a citizen of New Zealand, and

  (iii) that the case has been referred to the Court of Disputed Returns; and

(b) there be laid on the table, by the Attorney­ General, by no later than 12 noon on 17 August 2017, the Solicitor-General's advice regarding the eligibility of the Member for New England to continue to sit as a member of the House of Representatives or serve as a minister in the Cabinet.

James McGrath

James McGrath Queensland, Liberal National Party, Assistant Minister to the Prime Minister

3:46 pm

I seek leave to make a short statement.

Stephen Parry

Stephen Parry President

Leave is granted for one minute.

James McGrath

James McGrath Queensland, Liberal National Party, Assistant Minister to the Prime Minister

The government opposes the motion. It has been the longstanding practice of both coalition and Labor governments not to release legal advice to government. There is no reason whatsoever to depart from that practice in this instance.

Stephen Parry

Stephen Parry President

The question is that the motion—Senator Gallagher, are you seeking leave?

Katy Gallagher

Katy Gallagher ACT, Australian Labor Party

Sorry, I'm just not clear on what the amendment is—just the time, is it?

Stephen Parry

Stephen Parry President

And that has been circulated in the chamber, I understand. The question is that the motion moved by Senator Di Natale for the order of production of documents be agreed to.