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| Federal budget and dual citizenship: three MPs, one senator quit after high court ruling – politics live | |
| (35 minutes later) | |
| Josh Wilson said he will recontest the byelection. | |
| The member for Fremantle Josh Wilson has announced he will also resign. | |
| Wilson said he was endorsed on 12 May 2016 and filled out his forms that same day, and sent them on 13 May. He said he received confirmation that the forms were received, the funds were taken out of his bank account on 16 May. But the confirmation did not come through until after the nominations closed, on 29 June, with the election on 2 July. | |
| But the high court ruling today means filling out the paperwork doesn’t end it - it is the timing as well. | |
| Susan Lamb is expected to follow suit. | |
| We now officially have byelections planned for Perth, Mayo and Braddon. | |
| Justine Keay says she will re-contest the byelection and will write to the Speaker later today. | |
| The first of the Labor MPs has taken to the floor of parliament to announce: “I am not done working and fighting on behalf of those who sent me here.” | |
| “I have nothing to fear or hide, you just need to look at my disclosure for that.” | |
| She says she is a seventh generation Tasmanian, and operated under the best available legal advice. | |
| She announces her resignation. | |
| The Mayo MP said she has done everything right, but the high court ruling is “quite clear”. | |
| She will resign today and is seeking re-election. She wants the byelection held as early as possible - which would be 16 June. | |
| David Smith, the director of Professionals Australia’s ACT branch, is the certain beneficiary of the high court’s ruling on Katy Gallagher’s ineligibility. | |
| He was Labor’s second ACT candidate and will win the seat on a recount. | |
| Smith told Guardian Australia he would keep the seat because “we can’t afford to have any interruptions in the representation of the ACT in the Senate” and it was “not a great look” to resign for Gallagher to resume her seat because it would be “seen to be trying to get around the high court decision”. | |
| Smith thinks Gallagher would make a “great member” for the third seat in Canberra, presumably because he wants to avoid fighting her off in a preselection battle. | |
| Labor is still working out its next move. And so is Katy Gallagher. There is some pressure on her to move to the lower house, but then there are others who want to see her back in the Senate. | Labor is still working out its next move. And so is Katy Gallagher. There is some pressure on her to move to the lower house, but then there are others who want to see her back in the Senate. |
| Penny Wong has already stated the party wants her back (in so many words) | Penny Wong has already stated the party wants her back (in so many words) |
| It’s worth noting that if Rebekha Sharkie resigns, it is going to put even more pressure on the Labor MPs. | It’s worth noting that if Rebekha Sharkie resigns, it is going to put even more pressure on the Labor MPs. |
| And right before question time too. | And right before question time too. |
| If anyone remembered or still cares about the budget, Scott Morrison is about 15 minutes out from his National Press Club address. | If anyone remembered or still cares about the budget, Scott Morrison is about 15 minutes out from his National Press Club address. |
| If we do go to a byelection in Braddon, Jacqui Lambie won’t be on the ticket: | If we do go to a byelection in Braddon, Jacqui Lambie won’t be on the ticket: |
| Statement regarding the decision handed down by the High Court today. #auspol #politas pic.twitter.com/6A0rxYrTt3 | Statement regarding the decision handed down by the High Court today. #auspol #politas pic.twitter.com/6A0rxYrTt3 |
| Rebekha Sharkie has called a press conference for 12.45 | Rebekha Sharkie has called a press conference for 12.45 |
| For everyone asking ‘what about’ the government MPs who have questions over their citizenship status, it is complicated. | For everyone asking ‘what about’ the government MPs who have questions over their citizenship status, it is complicated. |
| International citizenship law is varied and complicated and while not all MPs put forward their documents, we can’t force them. The government has the numbers in the house, and would need to refer its members. The high court has put a 30-day limit on when electors can challenge an election. | International citizenship law is varied and complicated and while not all MPs put forward their documents, we can’t force them. The government has the numbers in the house, and would need to refer its members. The high court has put a 30-day limit on when electors can challenge an election. |
| So in short, yes there are questions, but we can’t answer them for you, or force them to provide answers. | So in short, yes there are questions, but we can’t answer them for you, or force them to provide answers. |
| As I have just been reminded, the committee looking into section 44 is a joint committee. My apologies. | As I have just been reminded, the committee looking into section 44 is a joint committee. My apologies. |
| Barnaby Joyce says he would have had sympathy for the Labor MPs who look like being forced to resign, “if they had left when I did”. | Barnaby Joyce says he would have had sympathy for the Labor MPs who look like being forced to resign, “if they had left when I did”. |
| Talking to Sky, he says once his ruling was done, Labor should have sent their MPs through as well. | Talking to Sky, he says once his ruling was done, Labor should have sent their MPs through as well. |
| And a handy reminder of what we are talking about: | And a handy reminder of what we are talking about: |
| Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. | Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. |
| That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. Unlike Ludlam and Waters, most of those whose dual citizenship was called into question did not immediately quit. | That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. Unlike Ludlam and Waters, most of those whose dual citizenship was called into question did not immediately quit. |
| By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. | By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. |
| The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce renounced his New Zealand citizenship and won the seat again. | The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce renounced his New Zealand citizenship and won the seat again. |
| After the court ruling the president of the Senate (equivalent to the Speaker in the lower house), the Liberal Stephen Parry, also resigned on dual citizenship grounds. The shaky majority of the governing Liberal/National coalition was further threatened when MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he later won. In the meantime, independent Tasmanian senator Jacqui Lambie became the next casualty. David Feeney and Katy Gallagher NXT senator Skye Kakoschke-Moore soon followed. | After the court ruling the president of the Senate (equivalent to the Speaker in the lower house), the Liberal Stephen Parry, also resigned on dual citizenship grounds. The shaky majority of the governing Liberal/National coalition was further threatened when MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he later won. In the meantime, independent Tasmanian senator Jacqui Lambie became the next casualty. David Feeney and Katy Gallagher NXT senator Skye Kakoschke-Moore soon followed. |
| The loss of the two lower house MPs briefly cost the government its majority, before Joyce and Alexander both re-won their seats in the byelections. The government has agreed with Labor that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum, which have a poor record of success. More likely, future representatives will have to abide by the strict interpretation of the high court. | The loss of the two lower house MPs briefly cost the government its majority, before Joyce and Alexander both re-won their seats in the byelections. The government has agreed with Labor that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum, which have a poor record of success. More likely, future representatives will have to abide by the strict interpretation of the high court. |
| There is a senate committee which is looking into how they fix the section 44 issue. It is due to report next week. | There is a senate committee which is looking into how they fix the section 44 issue. It is due to report next week. |
| The obvious (and only way, really) is a referendum. It is in the constitution. The constitution can only be changed by referendum. | The obvious (and only way, really) is a referendum. It is in the constitution. The constitution can only be changed by referendum. |
| However there is some chatter that there is another fix/bandaid in the works, which would improve vetting processes. We will see. | However there is some chatter that there is another fix/bandaid in the works, which would improve vetting processes. We will see. |
| The Coalition is really doubling down on the ‘Bill Shorten needs to force his MPs to resign’ thing. | 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: | 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. | 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 byelections to be held as soon as possible. | 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 byelections 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. | 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). | 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). |
| Dreyfus claimed Gallagher ‘… took the reasonable steps that the high court has spoken of in repeated decisions’ (Sydney Morning Herald, 10 December 2017). | Dreyfus claimed 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). | 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. | 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. |
| Christian Porter: | 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? | 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: | 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. | They will be wasting more taxpayer money, more time in order to run this protection racket around their caucus. |