, 7 tweets, 2 min read Read on Twitter
People who want to read the Parliamentary resolutions protecting ineligible Parliamentarians from being referred off to the #HighCourt can read it at the foot of this link...
They cover the entirety of Sections 44 & 45 of the constitution, covering not just dual citizenship, but bankruptcy, criminal behaviour and pecuniary entanglements with the Commonwealth.
They detail the processes by which candidatesmake eligibility declarations to the AEC (which is not empowered to judge them, merely accept them in good faith). It then details the ways in which successful candidates can update their disclosures after election. This is important.
It then says the “only” way an MP or Senator can be referred is via a Parlimentary committee which can only make its decision on the basis of “facts not disclosed.” If you have disclosed a disqualifying element, under this drafting, you cannot be referred.
The resolution was passed without dissent or debate with support from the Labor party, duly acknowledged by the government.
Independent Andrew Wilkie says it’s a grubby deal to sideline the High Court. Prof George Williams used more polite language but agrees the effect is to allow politicians who shouldn’t be there to remain in Parliament. Senator @MathiasCormann says the story is wholly inaccurate.
The only opportunity for the citizenry to be involved is in the 40 days after the return of the writs, post election. After that it is a game purely for the politicians themselves.
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