Dutton hints at action over Pyne's new job

Home Affairs Minister Peter Dutton has given up his interest in a controversial family trust. (AAP)

Peter Dutton has given up his interest in a family trust to prevent any further "political plays" over his eligibility to sit in federal parliament.

Home Affairs Minister Peter Dutton has given up his interest in a family trust to prevent any more "political plays" over his eligibility to sit in parliament.

Labor has for many months pressured the minister over his interest - through the trust - in two Brisbane child care centres which received commonwealth subsidies.

The opposition has argued Mr Dutton may be in breach of the constitution, which bans from federal parliament anyone who has "any direct or indirect pecuniary interest with the public service of the commonwealth".

Despite receiving independent legal advice that he was not in breach, which was backed by the the solicitor general, Mr Dutton extinguished his interest in the RHT Family Trust before the May 18 election.

"I think this draws a line under it and puts it beyond any doubt whatsoever, so the political plays can't continue," he told Nine's Today program on Friday.

"I've never received a dollar out of that trust.

"My wife's business is her business, and the fact that my wife has been slurred repeatedly over the last couple of years is upsetting to me and my children."

The confirmation from the minister comes after he blasted an "inappropriate" last-ditch attempt by former prime minister Malcolm Turnbull to save his leadership, stemming from concerns about Mr Dutton's eligibility.

The day before he was deposed, Mr Turnbull reportedly hatched a plan to persuade Governor-General Sir Peter Cosgrove not to endorse Mr Dutton as leader.

Attorney-General Christian Porter warned the then-prime minister his position was "wrong at law", and threatened to publicly repudiate Mr Turnbull.

The former prime minister tweeted on Thursday that the discretion to swear in a prime minister was vested in the governor-general.

"The proposition advanced by Mr Porter that it is none of the GG's business whether the would-be PM is constitutionally eligible is nonsense. The GG is not a constitutional cypher," Mr Turnbull wrote.

The former prime minister also pointed to advice from a constitutional lawyer that Mr Dutton was ineligible, and the solicitor general's inability to state his position "with certainty".

The Home Affairs minister dismissed Mr Turnbull's ploy as a "ruse".

Prime Minister Scott Morrison has refused to weigh in on what transpired, saying the events are "ancient history".

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