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Stranger in the House? What could happen next for Barnaby Joyce

The constitutional crisis has cost taxpayers millions.

The constitutional crisis has cost taxpayers millions. Photo: AAP

As the nation awaits the High Court’s ruling on the ‘Citizenship Seven’, there is one possible scenario that deserves close examination, if only for the potential drama it would provoke.

With Parliament in session for the next two weeks, the court may soon strike out the election of a Deputy Prime Minister – while he is sitting in Parliament.

And what if the court disqualified Barnaby Joyce during Question Time?

Would the Deputy PM be forced to trudge out of the House of Representatives while the nation’s political media and the Australian public watched?

According to Professor Anne Twomey, a constitutional law expert at the University of Sydney, the worst-case scenario for the government is unlikely but not impossible.

“As a practical matter, the High Court usually hands down its judgments around 10.15am, so it is unlikely that this scenario would occur,” Professor Twomey told The New Daily. She added that “sometimes it does it in the afternoon around 2.15pm, so it is not impossible”.

Professor Twomey said the court gave notice in advance of handing down its judgments, meaning “Mr Joyce would be aware that it might not be a good idea to be in the House at the time”.

tony burke

Labor’s Tony Burke called on Barnaby Joyce to resign as Deputy PM. Photo: AAP

If Mr Joyce were in the chamber when the court decided he had not been validly elected, he would become a “stranger” in the House, which is anyone who is not an MP or an officer performing official duties.

“Technically, this would make him a stranger in the House and the opposition could ask the Speaker to order his removal,” Professor Twomey said. “No doubt he would leave voluntarily before being removed.”

Murdoch University constitutional law expert Lorraine Finlay told The New Daily she expected the court would formally communicate its decision to the Speaker, “who was the person who originally provided the Reference to the Court in the first place”.

“The Speaker will undoubtedly then advise the House and things will proceed from there,” she said.

Ms Finlay said the decision would be “widely known straight away even if there is some small delay before it is formally communicated by the High Court to the Speaker”.

“The way the disqualification was handled in the case of Rod Culleton may give us some idea of how things will work in terms of the practicalities,” she said.

“Of course, in that case there were key differences in terms of how the disqualification occurred, but the key point is that he was given a period of time to clear out his parliamentary office and hand back work equipment such as computers, mobile phones etc.

“I would imagine that the same considerations would apply in any future case of disqualification.”

A spokesman for Mr Joyce told The New Daily it was impossible to say where he would be at the time because it was the High Court itself that determined on what day and what time they hand down a decision.

High-stakes by-election

If the decision does not go Mr Joyce’s way, a by-election would be triggered for his seat of New England.

Mr Joyce has renounced his New Zealand citizenship and most observers believe he would start a strong favourite to keep his seat.

The former New England independent MP Tony Windsor has not ruled out running against his arch-rival.

In the meantime, the government could “prorogue” Parliament by suspending sitting sessions, though most analysts say it is more likely to simply avoid contentious legislation.

The opposition is not expected to give Mr Joyce a “pair” and has said such a scenario would not be covered by the existing agreement between the two parties.

That means the government would have 74 seats and Labor and the crossbench would also have 74, though the Coalition could rely on the Speaker’s casting vote.

The court is yet to say when it will hand down its decision, though a ruling is likely within a few weeks.

“The court is aware of the need for a speedy decision, but it is not always possible to do so immediately,” High Court chief justice Susan Kiefel last week as the court adjourned.

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