Malcolm Turnbull urges Liberal Party to refer Dutton to High Court

Malcolm Turnbull has confirmed that since being deposed of as prime minister, he has urged Scott Morrison and other colleagues to refer Peter Dutton to the High Court over his eligibility to sit in parliament.

Mr Dutton, who twice challenged Mr Turnbull for the leadership and lost, may be incapable of sitting over interests in a childcare business which can receive government funding.

© Provided by Nine Digital Pty Ltd Former Australian Prime Minister Malcolm Turnbull said he has urged Scott Morrison and the Liberal Party to refer Peter Dutton to the High Court.

Section 44 of the constitution says that “any person who has a direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth” is disqualified.

On the eve of the second leadership spill, Mr Dutton received advice from former Solicitor-General David Bennett AC QC which he said stated he was eligible to sit as an MP.

© Provided by Nine Digital Pty Ltd Scott Morrison has backed the Home Affairs Minister slamming an ex-Border boss in a parliamentary address. However, the current Solicitor-General advised Mr Turnbull on the morning of the final spill that “the better view is that Mr Dutton is not incapable for sitting,” however “it is impossible to state the position with certainty.”

© Provided by Nine Digital Pty Ltd Prime Minister Scott Morrison said Australians Mr Turnbull confirmed overnight that he had appealed to members of his party to force a definitive ruling on Mr Dutton's political future.

“The point I have made to Scott Morrison and other colleagues is that given the uncertainty around Peter Dutton’s eligibility, acknowledged by the Solicitor General, he should be referred to the High Court, as Barnaby was, to clarify the matter,” Mr Turnbull tweeted from New York, where is currently staying following his resignation from parliament.

https://twitter.com/TurnbullMalcolm/status/1039877963678928896

Mr Morrison told Labor’s Mark Dreyfus earlier this week that “the Australian people have had a gutfull of these games. They want us to get on with business.”