Senate debates

Wednesday, 16 August 2017

Documents

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

3:45 pm

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

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.

3:46 pm

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

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.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

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

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party) Share this | | Hansard source

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

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

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.