Labor MP caught in citizenship row

LABOR senator Katy Gallagher has revealed she was a dual British/Australian citizen when she was elected last year but she says she will not refer herself to the High Court.

In circumstances similar to Braddon Labor MP Justine Keay, Senator Gallagher said she had taken steps to renounce her British citizenship but her renunciation document did not arrive in Australia until August last year.

Her statement comes after Prime Minister Malcolm Turnbull said the Government would refer any members thought to be ineligible to the High Court.

Senators lodged their details on Friday and House of Representatives members will lodge theirs by 5pm today.

Nine senators and members have either resigned or been disqualified including Tasmanian senators Stephen Parry and Jacqui Lambie.

Leader of Government Business Christopher Pyne moved the proposed citizenship register motion yesterday which allowed that referral of a member to the High Court could be moved without notice by a minister or the Manager of Opposition Business.

However, Manager of Opposition Business Tony Burke said he was seeking a change that, at the end of the week, any member of Parliament could move that somebody should be referred to the High Court.

“If the majority of the Parliament votes that way, then the referral will happen,” he said.

Mr Burke said Mr Turnbull was exhibiting a born to rule mentality.

“It appears there will be a situation where the Parliament will be able to refer members of the Labor Party or the crossbench to the High Court but will not be able to refer members of the Liberal or National parties any more to the High Court if those motions are moved by the Labor Party,” he said.

Senator Gallagher said she had received legal advice which showed she had taken all reasonable steps to renounce.

“Based on all the advice I have available to me, I do not believe that I should refer myself to the Court of Disputed Returns, however, ultimately that will be a matter for the Senate to determine,” Senator Gallagher said.

A spokesman for Ms Keay said she would lodge her documents today. Ms Keay was nominated by Labor for Braddon in June, 2015, but delayed commencement of renunciation until May last year.

She says she did not receive her renunciation document from the British Home Office until July 11 last year — nine days after the election.