Solicitor-General’s advice on Dutton’s eligibility to come before Friday Liberal vote


Michelle Grattan, University of Canberra

Prime Minister Malcolm Turnbull will invite a leadership “spill” motion at midday Friday, once a majority of Liberals formally ask for a party meeting.

He will not contest the subsequent ballot if – as anticipated – the spill is carried, Turnbull announced to a lunchtime Thursday news conference.

Before the meeting, the Solicitor-General on Friday will provide an opinion on the constitutional eligibility to sit in parliament of challenger Peter Dutton.

Early Thursday afternoon, the final signatures for the party meeting request were being gathered.

The delay and the early provision of the Solicitor-General’s advice give Treasurer Scott Morrison extra opportunity to build support for his own bid for the leadership as an alternative to Dutton.

After a morning of chaos and multiple ministerial resignations, including that of Senate leader Mathias Cormann, Turnbull told his news conference that if he is ousted he will quit parliament – increasing the prospect of an early election.

He said he had “made it very clear that I believe former prime ministers are best out of the parliament”.

The government has a one seat of majority and his seat of Wentworth, although it has a strong margin, would be vulnerable in a byelection because Turnbull is personally very popular there. A byelection would not be needed if there were an early election.

Turnbull said that assuming the spill was carried, the new prime minister would “have to obviously satisfy the Governor-General that they can command a majority on the floor of the House of Representatives.

“In the case of Mr Dutton, I think he’ll have to establish that he is eligible to sit in the Parliament.”

Turnbull delivered a swingeing attack on those who have undermined him.

“A minority in the party room, supported by others outside the parliament, have sought to bully, intimidate others into making this change of leadership that they’re seeking.

“It’s been described by many people, including those who feel they cannot resist it as a form of madness,” he said.

“It is remarkable we’re at this point, where only a month ago we were [in the public polling] just little bit behind Labor and in our own polls a little bit ahead – but in any view thoroughly competitive.”

Turnbull has been under consistent assault not only from Tony Abbott and other Liberal critics over a range of issues, especially energy policy and immigration, but also from commentators in the Newscorp media, especially on Sky, and from shock jocks on 2GB.

Turnbull said that what was happening was “a very deliberate effort to pull the Liberal party further to the right.”

Stressing how vital it was to resolve the issue of Dutton’s eligibility, he said: “This is a very, very significant point. As we all know, section 44 has been a companion of this 45th parliament.

“I cannot underline too much how important it is that anyone who seeks to be prime minister of Australia is eligible to be a member of parliament – because a minister, let alone a prime minister, who is not eligible to sit in the House is not capable of validly being a minister or exercising any of the powers of a minister.”

Legal experts suggest Dutton could be ineligible under the constitution’s section 44 provision on pecuniary interests. This says a person is incapable of sitting if they have “any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth”.

Dutton through a family trust has an interest in child care centres that receive Commonwealth funding. The key question is whether this involves an agreement with the public service.

Dutton’s legal advice is that he has no constitutional problem, and on Thursday he issued updated legal advice.

The government shut down the House of Representatives but does not command the numbers in the Senate so had to endure question time with senior ministers who had resigned on the backbench.

3:15pm

UPDATE: JULIE BISHOP JOINS THE RACE

Liberal deputy and Foreign Minister Julie Bishop will throw her hat into the leadership ring.

Bishop, from Western Australia, has been deputy Liberal leader since 2007 under multiple leaders. She is a moderate, rates well in the opinion polls, and has a high profile internationally as well as locally. She is in much demand from backbenchers to visit their seats and is a good fund raiser.

But she will go into the ballot with the disadvantage of having made many enemies in a long political history.

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The Conversation

Her entry into the field complicates the situation and makes the outcome even less certain.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

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ISRAEL: MESSIANIC JEW WINS SUPREME COURT BATTLE


Bakery owner had lost her Jewish dietary law certificate because of her faith.

JERUSALEM , July 15 (Compass Direct News) – For three long years a Jewish believer in Christ struggled to keep her bakery business alive after the Chief Rabbinate of Israel, the country’s highest religious governing body, annulled her kashrut (Jewish dietary law) certificate because of her faith.

Pnina Conforti, 51, finally gave a sigh of relief when the Israeli Supreme Court on June 29 ruled that her belief in Jesus Christ was unrelated to her eligibility for a kashrut certificate. While bakeries and restaurants in Israel are not required to obtain such a permit, the loss of one often slows the flow of customers who observe Jewish dietary laws and eventually can destroy a business.

Conforti said that the last three years were very difficult for her and her family, as she lost nearly 70 percent of her customers.

“We barely survived, but now it’s all behind us,” she said. “Apparently, many people supported us, and were happy with the verdict. Enough is enough.”

Conforti, who describes herself as a Messianic Jew, had built her Pnina Pie bakeries in Gan Yavne and Ashdod from scratch. She said her nightmare began in 2002 with an article about her in “Kivun,” a magazine for Messianic Jews in Israel.

“Soon after, the people of the Rabbinate summoned me and told me that my kashrut certificate was annulled because I do not profess Judaism,” she said.

Food prepared in accordance with kashrut guidelines is termed kosher, from the Hebrew kasher, or “fit,” and includes prohibition of cooking and consuming meat and diary products together, keeping different sets of dishes for those products, and slaughtering animals according to certain rules. News of the faith of the owner of the Pnina Pie bakery in Gan Yavne spread quickly, soon reaching extremist organizations such as Yad le’Achim, a sometimes violent Orthodox Jewish group.

“They spread around a pamphlet with my photo, warning people away from acquiring products from my business,” Conforti said. “One such a pamphlet was hung in a synagogue. However, I refused to surrender to them and continued working as usual.”

Four years later, in 2006, Conforti decided to open another patisserie in Ashdod, near her original shop in Gan Yavne, in southern Israel. The business flourished, but success didn’t last long.

“A customer of mine, an Orthodox Jew from Ashdod, visited his friends and relatives in Gan Yavne,” she said. “There in the synagogue he came across a pamphlet from 2002 with my photo on it. In addition to boycott calls, I was also described as a missionary. My customer confronted me, and I honestly told him I was a believer.”

Soon thereafter the Rabbinate of Ashdod withdrew the kashrut certificate from her shop there, she said.

“Pamphlets in Hebrew, English and French about me begun circulating around the town,” Conforti said. “They even printed some in Russian, since they saw that the customers of Russian origin continue to arrive.”

The withdrawal of the certificate from the shop in Ashdod in 2006 was a serious blow to her business. Conforti decided to take action, and her lawyer appealed to Israel’s Supreme Court. Judges Yoram Denziger, Salim Jubran and Eliezer Rivlin ruled that the Chief Rabbinate of Israel overstepped its authority.

“The Kashrut Law states clearly that only legal deliberations directly related to what makes the food kosher are relevant, not wider concerns unrelated to food preparation,” the panel of judges wrote.

In response, the Chief Rabbinate accused the judges of meddling in religious affairs.

Soon after she petitioned the Supreme Court, Conforti said, the Chief Rabbinate had offered her a deal by which it would issue her business a kashrut certificate but with certain restrictions, such as handing the keys of the bakery to a kashrut supervisor at night. Conforti declined.

Tzvi Sedan, editor-in-chief of “Kivun,” said the Supreme Court verdict was paramount.

“It’s important not only for Messianic Jews, but also for every other business owner who has to suffer from the arbitrariness of the Rabbinate,” Sedan said. “But I still want to see this decision implemented fully in reality.”

At press time Conforti still hadn’t received the certificate. She was waiting for a team of inspectors from the Rabbinate to inspect the business prior to issuing her the certificate.

A Jew of Yemenite origin, Conforti said she was raised in religious family but came to trust in Christ following her encounter with a Christian family during a visit to the United States.

“There I found Christ and embraced him as my personal Savior,” she said. “I do not engage in [evangelistic] activity, but if someone starts a conversation about my faith, I will speak openly about it.”

Report from Compass Direct News