Prime Minister Scott Morrison is facing demands to produce legal advice on all MPs facing a constitutional question, with a key cross bench MP warning she’s “not here to play favourites”.
South Australian cross bench MP Rebekha Sharkie, the Member for Mayo, told The New Daily she is even prepared to refer her independent colleague Kerryn Phelps if the Solicitor-General advises there is a genuine question over her eligibility.
“My litmus test is that if the Solicitor-General, who I understand to be the highest law officer in the land, says that there are questions to answer … I am satisfied to refer that individual,” she said.
Ms Sharkie said it was clear there were genuine questions over Mr Dutton’s eligibility.
“He said that there were particular questions in respect to Dutton that have not been tested by the High Court,” she said.
“Peter Dutton has a case to answer … the best thing Peter Dutton could do is refer himself.”
Ms Sharkie said she was also not opposed to referring the Member for Wentworth, Kerryn Phelps.
“If the Solicitor-General says there are questions to answer, I am not here to play favourites at all.“
Ms Sharkie was dragged into the citizenship saga after it was found she did not relinquish dual citizenship before the 2016 election.
The Member for Mayo was forced to a by-election, which she won against Georgina Downer, the daughter of former foreign affairs minister Alexander Downer.
Earlier, the manager of government business, Christopher Pyne, confirmed
that if the cross bench referred Mr Dutton to the High Court it was only reasonable that other MPs facing questions under section 44 are referred at the same time.
Since the fiasco over MPs citizenship first emerged, taxpayers have spent millions of dollars on High Court challenges and legal advice.
To refer any MP to the High Court, both the major parties would require a simple majority on the floor of Parliament.