Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Senator Bernardi, do you wish to raise a point of order?

Cory Bernardi (SA, Australian Conservatives) Share this | Link to this | Hansard source

Mr President, I did have a question of clarification for you. In the instance where a member of this chamber was knowingly a citizen of another country and therefore constitutionally invalid, would it be incumbent upon that individual to inform the Senate immediately prior to the consideration of any business of this chamber on such a day?

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Senator Bernardi, my understanding of the longstanding precedent on this is that the burden is upon any individual senator to reflect upon their own eligibility and make a statement if they believe they are not. I'm happy to take further advice and bring any further information back to the chamber at a subsequent hour.

Cory Bernardi (SA, Australian Conservatives) Share this | Link to this | Hansard source

Thank you, Mr President. I do have concerns that there is a member of this chamber—at least one—who knows that they are not eligible to be here because of the constitutionality, and it would concern me deeply about the integrity of this institution if we were to consider any formal business, knowing that one of the people hasn't fully informed the chamber or advised the chamber of their status.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

On the point of order, Senator Brandis?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Mr President, Senator Bernardi has made an assertion. No member of this chamber has indicated to the chamber that the situation he describes is in fact the case. If I may say so, with respect, Mr President, you are absolutely correct that it is incumbent upon a senator who knows that he or she may be disqualified to inform the Senate, or, in the event that a senator, knowing themselves to be disqualified, fails to do so, for the chamber to make its own determination under section 47 of the Constitution, but at the moment there is nothing before the Senate to enliven either of those proceedings. So might I respectfully suggest, Mr President, that you dismiss Senator Bernardi's point of order. If facts and circumstances were to come to light, that would be the time to deal with them.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

On the point of order, Senator Hinch.

Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

On the same point of order, Mr President. Your predecessor sat there with the knowledge, and the knowledge of his colleagues in the government, that he was illegitimately in that seat and holding that position. I support Senator Bernardi on his position because what Senator Brandis is saying now counteracts everything we've heard in the past few weeks.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Senator Brandis.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Senator Hinch, there was no information before the Senate in relation to Senator Parry. Senator Parry took a certain course since the Senate last sat. In the event that Senator Parry had not taken that course and that information had come to light, it would have been a matter for the Senate to have considered in the light of that information that was not known to the Senate then but is known to the Senate now, but it has been overtaken by the event of Senator Parry's purported resignation.

There is no information before the Senate at the moment in relation to any other individual to which Senator Bernardi's observations apply. But, if a senator were to form that view, as I said a moment ago, it would be incumbent upon them to take a certain course, and, if they declined to take that course, then it would be open to the Senate to move under section 47 of the Constitution and section 376 of the Commonwealth Electoral Act on the basis of information before it.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Senator Bernardi, I'll take a final submission.

Cory Bernardi (SA, Australian Conservatives) Share this | Link to this | Hansard source

I don't want to labour this, Mr President, but perhaps it would facilitate things if the government would respond to the suggestion that they are advised, or have been advised, by a senator that the constitutionality of their position is in question. If that be the case, then the government are part of undermining the Constitution.

Scott Ryan (President, Special Minister of State) Share this | Link to this | Hansard source

Senator Bernardi, I hasten to add that this is beyond the original point you raised as being a point of order. This is now a matter for a question. There are times on the daily schedule to do that, such as question time. My ruling is that there is no information brought before me to allow me to make a ruling on the matter you have raised. As I said earlier, it is a matter for each individual senator. If they feel they have reached that conclusion, they should bring that forward to the chamber. If not, there are provisions by which the Senate can act, and it has acted in the past in this term of parliament. But you have brought forward no information that would allow me to make a ruling contrary to that long-established practice.