Turnbull urges liberal colleagues to send Peter Dutton to the High Court

Malcolm Turnbull and Peter Dutton

Former Prime Minister Malcolm Turnbull will contact his former Liberal colleagues in parliament and ask them to vote for Interior Minister Peter Dutton to refer him to the High Court.

Turnbull confirmed that he was lobbying his colleagues, including Prime Minister Scott Morrison, after reports surfaced in the media.

"What I have done to Scott Morrison and other colleagues is that given the uncertainty about the eligibility of Peter Dutton, recognized by the Attorney General, he should be referred to the Supreme Court, as was Barnaby, to clarify the matter," he wrote. Mr. Turnbull. on Twitter from New York.

Mr. Dutton faces questions about his participation in a fiduciary company that operates two child care centers.

The centers receive subsidies that were legislated by the Turnbull government, although the money is designed to pay for services for children.

Labor is pressuring parliament to refer the matter to the High Court, so that the court can determine whether Mr. Dutton's participation in child care centers violates it against Article 44 of the Constitution.

But you will need a majority of parliamentarians in the House of Representatives to endorse a recommendation, which means that at least one member of the Coalition should cross the court.

The issue appeared for the first time in the run-up to the liberal leaders' spill that put an end to Malcolm Turnbull's prime minister. Mr. Dutton led a challenge for the leadership, but Scott Morrison emerged as the winner in the resulting three-way ballot.

Mr. Dutton and Labor have issued contradictory legal advice. The government's own attorney, the attorney general, said Mr. Dutton was probably fine, but said it was "impossible to establish the position with certainty."

Mr. Morrison has now said that he will check to see if Mr. Dutton left the cabinet room when the changes in child care funds were discussed.

Mr. Dutton has a family financial interest in two Brisbane child care centers, which now receive direct funds from the Commonwealth due to recent changes in the law.

Mr. Morrison is checking to see if Mr. Dutton left the cabinet when the changes in funding were decided.

"I have always complied with the rules of the cabinet, I have declared any interest I have had in any discussion," Dutton told parliament yesterday.

"I have left the discussions where it was considered appropriate.

"In a great deal of care, I make the declaration of my wife's interest in relation to these matters, and that has been my practice for a long period of time."