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Federal budget and dual citizenship: Katy Gallagher ruled ineligible – politics live Federal budget and dual citizenship: Katy Gallagher ruled ineligible – politics live
(35 minutes later)
The Coalition is really doubling down on the Bill Shorten needs to force his MPs to resign thing.
From Christian Porter and Christopher Pyne’s statement:
While Bill Shorten had many opportunities to refer each of his three Labor Members to the High Court and was urged to do precisely this to avoid unnecessarily politicising this issue, he repeatedly failed to do the right thing and make these referrals.
The situation now is that any referral to the High Court of any of these Members would do no more than cause a further delay and expense to the taxpayer before reaching a conclusion that now is beyond doubt. The time for the referral of this group has passed and the only course of action is their immediate resignations to allow for by-elections to be held as soon as possible.
While it is never too late to do the right thing, it is now clear that both Bill Shorten and his shadow Attorney-General, Mark Dreyfus, have deliberately mischaracterised the application of previous High Court decisions to their own Members of Parliament and have misled Australians for months as part of a cynical delaying tactic.
Bill Shorten initially claimed that none of his MPs were dual citizens because of Labor’s ‘extremely stringent vetting process’ (Bill Shorten press conference 21 August 2017; The Australian 21 August 2017) and that the difference between Katy Gallagher and the cases of Barnaby Joyce and Fiona Nash were as different as ‘night and day’ (Canberra Times, 5 December 2017).
Mr Dreyfus claimed Ms Gallagher ‘…took the reasonable steps that the High Court has spoken of in repeated decisions’ (Sydney Morning Herald, 10 December 2017).
These statements were deliberately designed to mischaracterise High Court decisions and mislead the Australian people and what is now going to be tested is Mark Dreyfus’s claim that ‘…Labor, care about the constitutional legitimacy of the Australian Parliament’ (Sydney Morning Herald, 10 December 2017).
If Labor does care about the constitutional legitimacy of the Australian Parliament, they must now accept the outcome of the High Court decision and finally do the right thing and demand the resignations of the three Labor
Members who are in clear breach of the Constitution so that the people in their electorates can elect a legitimate representative to the Parliament.
***end statement***
Christian Porter:
They were delaying, they were obfuscating, and they did so at enormous expense to the Australian taxpayer and radically, they tried to take everyone for mugs and there was always going to be a day of reckoning and here it is, and where are they?
Christopher Pyne says the government sees no reason for the Labor party to refer its other MPs to the high court:
They will be wasting more taxpayer money, more time in order to run this protection racket around their caucus.
Neither Christian Porter or Christopher Pyne will say if the government will use its numbers (and break a longstanding convention) and force the MPs to the high court. They say it is up to Bill Shorten “demanding, requiring and effecting the resignation” of his three MPs.
Christian Porter says Rebehka Sharkie’s case is no different from the Labor cases and she should also resign.
Christian Porter went through a list of Labor claiming its MPs were fine, because of the reasonable steps test, over the last six months.Christian Porter went through a list of Labor claiming its MPs were fine, because of the reasonable steps test, over the last six months.
Christopher Pyne, rewriting history a little bit, says the Coalition MPs who were in question, ‘did the right thing and resign’. Christopher Pyne, rewriting history a little bit, says the Coalition MPs who were in question, “did the right thing and resigned”.
When we understood that members of our side of the house had a cloud over them, they were referred to the high court, or they resign. In fact, quite a number -Fiona Nash, Matt Canavan, who was cleared by the high court, Barnaby Joyce, who wasn’t, and faced the by-election that he won. When we understood that members of our side of the house had a cloud over them, they were referred to the high court, or they resigned. In fact, quite a number – Fiona Nash, Matt Canavan, who was cleared by the high court, Barnaby Joyce, who wasn’t, and faced the byelection that he won.
John Alexander, when he couldn’t satisfy himself that he didn’t have dual citizenship, he resigned, faced the by-election. On our side, we did the right thing. When there was a problem, we responded to it, methodically, sensibly, as a good government would, face by-elections, and the people re-elected those two members.” John Alexander, when he couldn’t satisfy himself that he didn’t have dual citizenship, he resigned, faced the byelection. On our side, we did the right thing. When there was a problem, we responded to it, methodically, sensibly, as a good government would, faced byelections, and the people re-elected those two members.”
Which is not exactly true. The government held out until the last moment. And then after the ruling, Stephen Parry the former Senate president then discovered he was in the same position. Then John Alexander discovered the issue. Which is not exactly true. The government held out until the last moment. And then after the ruling, Stephen Parry, the former Senate president, discovered he was in the same position. Then John Alexander discovered his.
It means that there four other dual citizens- in fact all dual citizens of Great Britain - who were dual citizens after the close of nominations, who are presently ineligible to sit in the Federal Parliament, and who should not be sitting in the Federal Parliament,” Christian Porter said. Christian Porter:
And those four people must resign. They must resign today. Bill Shorten must require the resignation of those three Labor members today, and that must occur before close of business today.” It means that there four other dual citizens- in fact all dual citizens of Great Britain – who were dual citizens after the close of nominations, who are presently ineligible to sit in the federal parliament, and who should not be sitting in the federal parliament.
And those four people must resign. They must resign today. Bill Shorten must require the resignation of those three Labor members today, and that must occur before close of business today.
Christian Porter and Christopher Pyne have opened their press conference looking quite pleased.Christian Porter and Christopher Pyne have opened their press conference looking quite pleased.
Pyne gestured to Porter to speak first and he does, opening with an attack on Bill Shorten: Pyne gestured to Porter to speak first and he did, opening with an attack on Bill Shorten:
If I might start by saying that Bill Shorten said something very curious on Channel Nine yesterday. ‘If the High Court today set the new precedent, the Labor Party will deal with it’. He then, when pressed, said, if the interpretation of the law changes,we will consider what we have got to do. I want to make it clear from the outset that this decision is not a reinterpretation or a change of the law, it is a crisp and crystal clear clarification of the law as it was stated in the Canavan decision last year, and anyone, Bill Shorten, Mark Dreyfus or anyone else, who says this is a reinterpretation or a change, is talking absolute rubbish. If I might start by saying that Bill Shorten said something very curious on Channel Nine yesterday. ‘If the high court today set the new precedent, the Labor Party will deal with it.’ He then, when pressed, said, if the interpretation of the law changes, we will consider what we have got to do.
I want to make it clear from the outset that this decision is not a reinterpretation or a change of the law, it is a crisp and crystal clear clarification of the law as it was stated in the Canavan decision last year, and anyone, Bill Shorten, Mark Dreyfus or anyone else, who says this is a reinterpretation or a change, is talking absolute rubbish.
So I have spent the last couple of weeks chatting to both parties about the possibilities of byelections, and I can tell you that neither is either enthused by the prospect.So I have spent the last couple of weeks chatting to both parties about the possibilities of byelections, and I can tell you that neither is either enthused by the prospect.
Mostly, because they are expensive and we are a year (less than a year?) out from a general election. But also because neither want a test so close to the election. Mostly because they are expensive and we are a year (less than a year?) out from a general election. But also because neither want a test so close to the election.
Christian Porter, the attorney-general has called a press conference in the Blue Room - the fancy one where ministers hold their ‘we have something important to say’ pressers. Christian Porter, the attorney general, has called a press conference in the Blue Room - the fancy one where ministers hold their “we have something important to say” pressers.
He is expected to say the four MPs need to stand down. Christopher Pyne will be with him.He is expected to say the four MPs need to stand down. Christopher Pyne will be with him.
And just like that, we are no longer talking about the budget.And just like that, we are no longer talking about the budget.
Bill Shorten says it’s a new precedent - what he means there is Labor had interpreted the reasonable steps ruling from Skyes v Cleary to mean that as long as you filled out your forms and met all your own personal obligations to divest yourself of your dual citizenship before you nominate for parliament, then you were eligible. Bill Shorten says it’s a new precedent – what he means there is Labor had interpreted the reasonable steps ruling from Skyes v Cleary to mean that as long as you filled out your forms and met all your own personal obligations to divest yourself of your dual citizenship before you nominated for parliament, then you were eligible.
The high court has now ruled that it is not just the taking of the actions - it is also the timing. Which means just filling in and sending off the forms is not enough - you have to take into account the time to send it off and receive your confirmation. The high court has now ruled that it is not just the taking of the actions – it is also the timing. Which means just filling in and sending off the forms is not enough, you have to take into account the time to send it off and receive your confirmation.
The only one of the four who are in question who might have a case on the timing issue is Josh Wilson - he was a late pre-selected candidate, who moved to divest his British citizenship on the day he was nominated. It just didn’t come back as confirmed until after the election. Not sure how much quicker he could have acted, but the high court may not care. The only one of the four who are in question who might have a case on the timing issue is Josh Wilson – he was a late pre-selected candidate, who moved to divest his British citizenship on the day he was nominated. It just didn’t come back as confirmed until after the election. Not sure how much quicker he could have acted, but the high court may not care.
Bill Shorten has released a statement:Bill Shorten has released a statement:
I am deeply disappointed for Katy Gallagher today.I am deeply disappointed for Katy Gallagher today.
This is a loss to the Senate, and a loss for Labor. We are a better parliament with Katy in it, and a stronger party with Katy in our caucus.This is a loss to the Senate, and a loss for Labor. We are a better parliament with Katy in it, and a stronger party with Katy in our caucus.
Katy has always acted on the best available legal advice, which indicated that she had satisfied the eligibility requirements under the constitution.Katy has always acted on the best available legal advice, which indicated that she had satisfied the eligibility requirements under the constitution.
Today, the high court has set a new precedent.Today, the high court has set a new precedent.
I know this period of uncertainty has been tough for Katy and her family. She has shown great resilience and grace in difficult circumstances.I know this period of uncertainty has been tough for Katy and her family. She has shown great resilience and grace in difficult circumstances.
As a community worker, as a disability advocate, as chief minister and as a senator, Katy has always served others. She has made a valuable contribution to the Australian parliament, and to our shadow ministerial team.As a community worker, as a disability advocate, as chief minister and as a senator, Katy has always served others. She has made a valuable contribution to the Australian parliament, and to our shadow ministerial team.
Katy is a key part of Labor’s Senate leadership team. She is too good to lose from public life – and I know we won’t lose her. Katy has a lot more to contribute to Labor and to Australia.Katy is a key part of Labor’s Senate leadership team. She is too good to lose from public life – and I know we won’t lose her. Katy has a lot more to contribute to Labor and to Australia.
The Labor party will now consider what further implications today’s decision by the high court may have.The Labor party will now consider what further implications today’s decision by the high court may have.
The questions in this reference turn upon one issue – whether British law operated to irremediably prevent an Australian citizen applying for renunciation of his or her British citizenship from ever achieving it. An affirmative answer cannot be given merely because a decision might not be provided in time for a person’s nomination. The exception is not engaged by a foreign law which presents an obstacle to a particular individual being able to nominate for a particular election.The questions in this reference turn upon one issue – whether British law operated to irremediably prevent an Australian citizen applying for renunciation of his or her British citizenship from ever achieving it. An affirmative answer cannot be given merely because a decision might not be provided in time for a person’s nomination. The exception is not engaged by a foreign law which presents an obstacle to a particular individual being able to nominate for a particular election.
That’s the paragraph which has implicated the lower house MPs.That’s the paragraph which has implicated the lower house MPs.
Does the British system stop Australians from being able to nominate for parliament? The court can’t be sure. So Katy Gallagher is out – and the others may be made to resign by the party.Does the British system stop Australians from being able to nominate for parliament? The court can’t be sure. So Katy Gallagher is out – and the others may be made to resign by the party.
Josh Wilson sent off his documents the day he was preselected. It wasn’t confirmed until after nominations closed. This could have even more layers but, as we have now seen, this high court bench is very black letter. It may not matter.Josh Wilson sent off his documents the day he was preselected. It wasn’t confirmed until after nominations closed. This could have even more layers but, as we have now seen, this high court bench is very black letter. It may not matter.
Given that Malcolm Roberts held on to the very, very last second, even insisting that he was “choosing to believe” that he was never British, and was basically forced into being referred to the high court, I am not sure Pauline Hanson should be the arbiter of what other parties in the same position should do.
Now that Katy Gallagher has been thrown out it is time for Susan Lamb to stop stalling and resign. -PH #auspol
Katy Gallagher has issued her own statement:
Today the high court sitting as the court of disputed returns has ruled that I am ineligible to sit as a senator in the Australian parliament.
I am very disappointed by this outcome but I respect the decision of the court.
I have spent the last 17 years of my life representing the people of the Australian Capital Territory, firstly in the ACT legislative assembly and more recently in the Senate.
It has been an absolute honour to hold elected office.
I have always performed my duties to the ACT community with honesty, integrity and a desire to make Canberra and Australia a better place for all of us.
I have always acted on the best available legal advice, which at all times, indicated that I satisfied the eligibility requirements under the constitution. However, today the high court has made its decision, and I respect the outcome.
To the people of the ACT, I’m very sorry that this disruption has occurred to one of your federal representatives.
To have my place in the Senate end like this today is very deeply disappointing but I believe that I have more to contribute to public life and I will take the time to talk with Labor party members on how I can do this over the months ahead.
It has been a privilege to serve the Canberra community and the Australian Labor party in both the ACT and federal parliaments for almost two decades.
Here is the bit from the ruling which looks like the others will be forced to resign:
High court confirms in this par that Labor has been quoting only one half of the reasonable steps test. The foreign law must IRREMEDIABLY PREVENT renunciation. #auspol #auslaw
This isn’t the last we’ll see of Katy Gallagher - you may remember that the ACT had a new seat drawn up in the boundary redistributions? She is expected to run for the lower house seat.
Rebekha Sharkie, the Centre Alliance MP for Mayo in South Australia, said she was investigating her options and seeking “urgent legal advice”:
I acknowledge today’s ruling of the high court regarding the citizenship status of Labor Senator Katy Gallagher.
Based on the recent high court judgment, I will now take urgent legal advice.
It is my belief that the particulars of my circumstances are materially different to Senator Gallagher’s case.
My paperwork was lodged and received by the UK Home Office before the election was called.
My paperwork was returned before the election was held.
Once I have received legal advice I will be in a position to comment further.
The Senate president, Scott Ryan, has made a statement to the chamber:
He has announced the Katy Gallagher ruling and said he would table the ruling.
Penny Wong says the Australian Labor party will respect the decision of the court (meaning that Gallagher will resign):
First thing she is a woman of great integrity who always acted in accordance with the advice given to her ... she has always acted in good faith …
She is an outstanding senator, an outstanding representative of the people of the ACT and she is an outstanding member of the Labor team, and she is too good to lose.
The high court website appears to have crashed.
Probably because everyone in this building is now trying to access it.
Antony Green is speaking on the ABC about dates – if it turns out that the others all have to resign as well.
The first date for the byelections would be the 16 June and that would mean potentially the new members could be sworn in before the parliament rises at the end of the budget session at the end of June.
If they do not, that is if the byelection is not called by next Monday, if it was the following Monday, it is the 23rd. Other than that, it could be held in July and they could not be sworn in until the next session starts in mid August, which is getting quite close to the next election.
If we do go to a byelection bonanza, you might find this handy to bookmark.
For those interested, here are my guides to the seats of Braddon, Longman and Fremantle (will require some small tweaks to turn them into by-election guides if needed):https://t.co/YblAiUW4UIhttps://t.co/I6ToyPPgGWhttps://t.co/Dh00MapdZL
We are waiting on the decision details – Paul Karp is running out of the court – but if “reasonable steps” include that candidates need to have the divestment of dual citizenship confirmed before they nominate for parliament, then we are off to Super Saturday.
That potentially means we will see byelections in Fremantle, Longman and Braddon (as well as Perth) for Labor and in Mayo for Rebekha Sharkie for Centre Alliance.
Gallagher will have to resign from the Senate though. She will be replaced and will most likely be back after the next election.