Dutton dismisses reports he’s ineligible to sit in Parliament

Questions have been raised about the eligibility of Home Affairs Minister Peter Dutton to be in federal parliament. But the Home Affairs Minister has hosed down the speculation.

Australian Home Affairs Minister Peter Dutton during House of Representatives Question Time at Parliament House in Canberra Source: AAP

Home Affairs Minister Peter Dutton says he has legal advice he is eligible to remain in federal parliament, despite reports he may be in breach of the constitution.

Ten News reported on Monday night Mr Dutton has an interest in two child care centres in suburban Brisbane through the RHT Family Trust.

Mr Dutton's parliamentary register of interests shows he is a beneficiary of the RHT Family Trust, along with his wife and children.

Home Affairs Minister Peter Dutton has dismissed reports he may be in breach of the constitution.

AAP

From July 2 this year child care centres receive a direct subsidy from the federal government.

This could put the minister in breach of section 44 of the constitution, which bans from parliament anyone who has "any direct or indirect pecuniary interest with the public service of the commonwealth".

Constitutional expert Anne Twomey was quoted as saying the case would fall into the "fuzzy edges" of the law.

Peter Dutton, right, and Malcolm Turnbull. There's speculation the Home Affairs Minister will make a leadership bid.

AAP

She points to the case of former Family First senator Bob Day who was disqualified after the High Court examined an agreement with the commonwealth he had through a family trust.

Home Affairs Minister Peter Dutton has dismissed reports he may be in breach of the constitution.

AAP

From July 2 this year child care centres receive a direct subsidy from the federal government.

This could put the minister in breach of section 44 of the constitution, which bans from parliament anyone who has "any direct or indirect pecuniary interest with the public service of the commonwealth".

Constitutional expert Anne Twomey was quoted as saying the case would fall into the "fuzzy edges" of the law.

Peter Dutton, right, and Malcolm Turnbull. There's speculation the Home Affairs Minister will make a leadership bid.

AAP

She points to the case of former Family First senator Bob Day who was disqualified after the High Court examined an agreement with the commonwealth he had through a family trust.