Shorten Releases Proof Of Renunciation Of British Citizenship

Opposition Leader Bill Shorten has provided proof that he renounced his dual British citizenship in 2006.

Making a personal explanation today, Shorten reiterated his argument that members should not have to respond to unsubstantiated allegations. Nevertheless, Shorten tabled a letter from the UK Home Office showing that he renounced his British dual citizenship before he was elected to parliament.

Shorten attacked the Turnbull government for a campaign of smear and called on Turnbull to insist that Deputy PM Barnaby Joyce stand aside until his eligibility to sit as a member of parliament is clarified.

  • Watch Shorten’s personal explanation (3m – transcript below)
  • Listen to Shorten (3m)

Hansard transcript of personal explanation by Bill Shorten.

Mr SHORTEN (Maribyrnong—Leader of the Opposition) (15:15): I wish to make a personal explanation.

The SPEAKER: Does the Leader of the Opposition claim to have been misrepresented? [Read more…]


Senate Refers Nash And Xenophon To High Court; Hinch And Gallagher Safe; Hanson Audit Motion Defeated

The Senate today voted to refer Senators Fiona Nash and Nick Xenophon to the High Court. The court, sitting as the Court of Disputed Returns, will rule on their eligibility to nominate at the 2016 election.

The government leader, Senator George Brandis, moved that Senator Nash be referred, in order to determine whether she was a British dual citizen in breach of Section 44(i) of the Constitution.

Senator Xenophon moved to refer himself to the High Court. He delivered a statement explaining that he was born in Australia to Greek and Cypriot parents. He said that “out of an abundance of caution” he had renounced any rights to Greek or Cypriot citizenship but had been advised that he might hold British “overseas citizenship” on account of his father having been a British subject before he migrated to Australia.

The Senate heard a statement from Senator Derryn Hinch (DHJP-Vic). Hinch explained the circumstances in which he was eligible to receive a United States government pension. The government and the ALP have agreed that Hinch’s circumstances do not warrant a referral to the High Court.

The Senate also heard a statement from Senator Katy Gallagher (ALP-ACT). She explained the circumstances which gave rise to the possibility of her holding Ecuadorian and British citizenship. No attempt was made to refer Gallagher to the court.

Senator Pauline Hanson (One Nation-Qld) moved to establish an audit of all members of parliament to clarify their eligibility. The government and the ALP both opposed the motion and it was defeated by 43 votes to 13.

The High Court will hear the dual citizenship cases next month. In addition to Nash and Xenophon, it will hear the cases concerning Scott Ludlam, Larissa Waters, Matthew Canavan, Malcolm Roberts and Barnaby Joyce.

  • Watch the Senate proceedings (39m)
  • Listen to the Senate proceedings (39m)

Hansard transcript of Senate proceedings to refer members to the High Court.

Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of the Government in the Senate) (10:07): by leave—I move:

That pursuant to section 376 of the Commonwealth Electoral Act 1918, the Senate refers to the Court of Disputed Returns the following questions— [Read more…]


George Williams On Dual Citizenship And Same Sex Marriage Survey

Professor George Williams, Dean of Law at the University of New South Wales, has addressed the National Press Club on the dual citizenship issue and the same sex marriage postal survey.

Williams suggested that the Turnbull government is “running against the grain of existing High Court authority” in relation to the marriage survey and the seven dual citizenship cases currently before the court.

In his address, Williams called for a range of constitutional reforms.

Williams, 48, has been Dean of Law since 2016. He was admitted to practice in 1993 and served as an associate to Justice Michael McHugh in the High Court. He has worked as a solicitor and barrister and has extensive academic experience at a number of universities.

A member of the ALP, Williams has unsuccessfully contested preselection on two occasions.

  • Watch Williams’ Address in full (59m)
  • Listen to Williams’ speech (33m)
  • Listen to the Question and Answer session (25m)

Transcript of Address to the National Press Club by Professor George Williams.

The Constitution is not normally front-page news in Australia. Despite the profound impact it has on our politics and society, it is easy to see why.

The United States Constitution reflects its revolutionary origins in beginning with the famous call “We the people.” By contrast, our Constitution is contained in a British Act of Parliament that opens with:

Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania…

“Whereas” is hardly the sort of beginning that gets the heart racing. In addition, these words are not even complete. They fail to mention Western Australia, which joined the Federation just before the commencement of the Constitution in 1901. [Read more…]


Barnaby Joyce May Have New Zealand Dual Citizenship; Deputy PM Refers Himself To High Court

The Deputy Prime Minister, Barnaby Joyce, has announced that he may have dual citizenship with New Zealand and therefore be in breach of Section 44(i) of the Constitution.

Joyce has agreed that the government will refer his case to the High Court. He will not resign from his NSW seat of New England and will remain in the Cabinet as Deputy Prime Minister and Minister for Agriculture and Water Resources.

The announcement was made in a brief statement by Joyce to the House of Representatives this morning. The Nationals leader entered the Senate in 2005 and transferred to the House of Representatives in 2013.

Joyce is the fifth MP to be ensnared by Section 44 in recent weeks. Greens senators Scott Ludlam and Larissa Waters have both resigned from the Senate, whilst Senators Matt Canavan (LNP) and Malcolm Roberts (One Nation) have been referred to the High Court. The Nationals member for Lyne, David Gillespie, faces a challenge on the office of profit provision of Section 44.

The Prime Minister, Malcolm Turnbull, has written to Opposition Leader Bill Shorten, asking him to nominate Labor members who should also be referred to the High Court.

  • Listen to Joyce (2m)
  • Watch Joyce (2m)

Letter from Prime Minister Malcolm Turnbull to Opposition Leader Bill Shorten.

Hansard transcript of statement to the House of Representatives by Barnaby Joyce. [Read more…]


Scott Ludlam Resigns From The Senate; Victim Of Section 44 Dual Citizenship Rule

Scott Ludlam, an Australian Greens senator from Western Australia, resigned today, after announcing he had dual citizenship with New Zealand and was therefore in breach of Section 44(i) of the Constitution.

Ludlam

Section 44(i) of the Constitution says that a person is “incapable of being chosen or of sitting as a senator” if they are “under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject of a citizen or entitled to the rights and privileges of a subject or citizen of a foreign power”.

In a statement, Ludlam said he was born in New Zealand. His family left when he was three years old and settled in Australia when he was nine. “I was naturalised when I was in my mid-teens and assumed that was the end of the New Zealand citizenship.”

Media reports today say that the citizenship question has been previously raised with Ludlam.

Ludlam, 47, was first elected to the Senate in 2007. He took up his seat on July 1, 2008. He was re-elected in 2013 and in the 2014 re-run election. He was re-elected to a six-year term in the 2016 double dissolution election. The Greens polled 10.53% in WA.

Ludlam has been Joint Deputy Leader of the Greens, with Larissa Waters, since May 2015.

It now appears that the Senate will refer the matter to the High Court. Twice this year, the court, sitting as the Court of Disputed Returns, has ordered countbacks following rulings that Rodney Culleton and Bob Day were not entitled to nominate at the election. Assuming this takes place again, the seat will go to the number three candidate on the Greens WA Senate ticket, 22-year-old disability advocate Jordon Steele-John.

Media reports today quote Steele-John as not committing himself to taking the seat. Were he to resign, a casual vacancy would be created and the Greens would nominate a replacement. It would be possible for Ludlam to be appointed in these circumstances, provided he rectifies the citizenship issue. However, Ludlam’s statement and press conference suggested he has chosen to move on to other things.

The practical political implication of today’s resignation by Ludlam is that the Greens will be without one of their number for some months in the Senate. This will not make a significant difference but until the vacancy is filled the Turnbull government will only need eight of the eleven crossbench votes to secure passage of legislation opposed by the ALP and Greens. It currently needs nine extra votes. A pairing arrangement to cover the absence could also be put in place.

Ludlam is the third senator to fall victim to Section 44 since the 2016 election, an unprecedented situation.

  • Watch Ludlam’s media conference in Perth (15m)
  • Listen to the media conference (15m)

Statement from Senator Scott Ludlam. Click to enlarge

Ludlam