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

I move:

That the Senate—

(a) notes:

  (i) the numerous cases regarding the eligibility of senators under section 44 of the Constitution,

  (ii) the uncertainty about votes that have occurred with the participation of ineligible senators, and

  (iii) the motion that passed the Senate on 13 November 2017, requiring senators to disclose certain matters pertaining to their citizenship, which remains binding whether or not the Senate continues sitting; and

(b) calls upon the Prime Minister, if a similar motion passes in the House of Representatives on 27 November 2017, to immediately thereafter prorogue the Parliament until such time as the High Court has ruled on the eligibility of members and senators.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a one minute statement.

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

Leave is granted for one minute.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

I'd like to put on the record that Senator Bernardi and the Greens very rarely agree on anything, but it is true that Senator Bernardi has been a supporter of the Greens' plan for an audit of parliamentarians' eligibility under section 44 of the Constitution. Of course, that is the Greens preferred pathway to bring an end to the citizenship crisis gripping the parliament. The Australian people deserve certainty about the make-up of their parliament and they deserve a timely resolution to this crisis. However, simply calling parliament off, as this motion proposes, isn't going to deliver that outcome and does look, for all intents and purposes, to be a tactic from Senator Bernardi to derail progress on marriage equality. Of course, the Greens won't stand for that. What we need is an active process of declaration and audit with referrals to the court. That is what will deliver certainty to this parliament. Over the longer term, we do need to address reform of section 44 of the Constitution so it more accurately reflects modern multicultural Australia.

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

I seek permission to make a short personal statement.

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

Leave is granted for one minute.

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

I will support Senator Di Natale on this issue. I think this is something we are going to see in the days and weeks ahead, as conservatives in this chamber try to thwart what happened today—a memorable day for Australia where same-sex marriage becomes a genuine reality. The conservatives are trying these sorts of tricks which have nothing to do with senators' eligibility. I've voted with the crossbench this year time after time to try and get this to an audit, and we've tried damned hard to do that. But it has not happened, and I don't think we should sit and watch this happen, as we get thwarted and the people of Australia get thwarted because you don't want same-sex marriage in this country.

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

I leak leave to make a brief statement.

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

Leave is granted for one minute.

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

I assure the Senate and those who have their tinfoil hats on that my call for a proroguing of this parliament has been longstanding since the citizenship crisis started to engulf this place. I find it extraordinary that you confect some outrage, Senator Hinch, because you think that somehow this is a nefarious plot against your rainbow agenda. It has nothing to do with that. I'm concerned for the integrity of this place. I have been on the record as saying that for some months now, and I provided that advice to the government which they decided not to heed. This is not my responsibility. This is a responsibility of all of us to re-establish and reassert the confidence of the Australian people in the eligibility of every single one of us to be here. The denials of appropriation or accountability in this place only undermine our standing in the eyes of the Australian people. More people will be disqualified and we are all responsible collectively for the failure to address it.

Question negatived.