Prove I’m not eligible, Steve Martin tells political parties

Alderman Martin confirmed on Friday he would take the spot becoming vacant due to Ms Lambie’s resignation over dual citizenship.

There are also doubts over his eligibility, relating to whether being an elected member of a council means he holds an “office of profit under the crown”.

If the High Court found that to be the case, he would be ineligible under the constitution.

Alderman Martin intends to accept the role and not refer himself to the court.

He said he did not have the cash to cover legal expenses he estimated at $15,000 a day.

Rather, he would face any referral if one was made.

” … should the government choose to refer my matter to the High Court for further consideration, I am very comfortable with that course of action,” he said.

He said he believed his eligibility was sound and, if it was found by the court to be otherwise, it would at least clarify the position of local government members running for federal parliament.

He said at least 38 mayors  had been elected to federal parliament without being referred to the court.

“If I have to be the local government test case to help solve a problem which has been in the too hard basket for decades, then I welcome the government’s action,” he said.

He produced advice from former clerk of the Senate Rosemary Laing which suggested his position was legally sound.

He also noted a view from former High Court justice Michael Kirby from 1997 that local government was not part of the crown.

“I have recently written to Prime Minister Turnbull and Opposition Leader Bill Shorten,” Alderman Martin said.

“They both have a copy of Dr Laing’s advice,  and I look forward to speaking with them and finding out their opinions on the matter.”

Alderman Martin said he had not  considered where he would base himself, but said Ms Lambie’s Burnie office would be the first option to avoid extra cost to taxpayers.

He said he would not offer a job in his office to Ms Lambie or to her former senior advisor, Rob Messenger.

Mr Messenger and Ms Lambie are in a legal dispute after Mr Messenger and his wife, Fern, left Ms Lambie’s office earlier this year.

Alderman Martin  said he was still friendly with Mr Messenger, who had sent him “bits and pieces” in recent days.

Mr Messenger said he had offered unsolicited advice and was not looking for a job in Alderman Martin’s Senate office.

Alderman Martin said Ms Lambie’s work in the Senate had been “nothing short of amazing” and she “gave a voice to those who are too often not heard”.

Ms Lambie wished Alderman Martin all the best.

“Steve Martin’s decision shows he is willing to take on risk to ensure the Tasmanian people are properly represented by an independent voice,” she said.

“I’m turning my attentions to Tasmania’s state election, where my candidates aim to do the same.

“The candidates I will run are real people running to make real change.

“They want to see Tasmanians receive better healthcare, better education and have more job opportunities.”

Tasmanian Liberal Senator Eric Abetz wanted the High Court to consider Alderman Martin’s eligibility.

“I wish Steve Martin well, but it is important that we ensure the integrity of the parliament and, therefore, any questions about his eligibility should be considered,” Senator Abetz said.

“Mr Martin should put the question over his eligibility to the High Court for its consideration at the same time the High Court considers former senator Lambie’s circumstances.

“It continues to be a disappointment that while a long list of parliamentarians have now been considered by the High Court that (Braddon Labor MHR) Ms (Justine) Keay continues to remain in hiding and refuses to subject herself to scrutiny.

“When the parliament resumes, I am hopeful that Ms Keay will have the decency to refer herself to the High Court.”