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…]