Senate spots hinge on court sitting

THE High Court will look today at the issue of Senate replacements for Stephen Parry and Jacqui Lambie, who resigned last year because of their dual citizenship.

A full bench is scheduled to sit at 10am to consider the replacement for former Senator Lambie.

A recount of Senate votes last year found Devonport mayor Steve Martin should replace Ms Lambie pending a High Court decision on whether, as a mayor, he held an office of profit under the Crown.

The recount also found former tourism and international education minister Richard Colbeck had the votes to replace Senator Parry.

A single High Court judge will separately consider the Parry replacement today as well.

There is a slight chance the Parry replacement issue could be complicated by the outcome of the Lambie replacement if a new recount is ordered by the High Court and Mr Martin is excluded.

The Solicitor General and the Victorian Government have made submissions to the High Court arguing Mr Martin did not hold an office of profit at the time of nomination.

Pauline Hanson’s One Nation candidate Kate McCulloch has submitted Mr Martin did profit from being mayor.

Ms McCulloch would be the likely beneficiary if Mr Martin was ineligible.

When legal issues are concluded it is likely Liberal Senators Jonathan Duniam and David Bushby will receive Senate approval to be handed sixyear terms with the replacements for Mr Parry and Ms Lambie receiving three-year terms.

They would have to face electors in the next half Senate election, which if the Parliament ran a full three years would be in 2019.

With Federal Parliament resuming, Braddon Labor MP Justine Keay is one of the focuses of the Coalition.

Leader of Government Business Christopher Pyne told ABC yesterday that the Coalition would seek to refer Labor MPs with dual citizenship concerns to the court, especially Queensland Labor MP Susan Lamb.

Mr Pyne said Ms Lamb’s was an “open and shut case” and that she should resign immediately.

Labor attempted to refer nine MPs to the High Court last year, including Ms Lamb, Ms Keay, Josh Wilson and Madeleine King as well as Liberals Alex Hawke, Nola Marino, Jason Falinski and Julia Banks and Nick Xenophon Team member Rebekha Sharkie.

However, the Coalition voted against the motion.

Ms Keay has said she took all reasonable steps to renounce her British citizenship before the 2016 election.

Her renunciation papers were not received until after the election.

The Coalition has argued that Ms Keay’s attempts may not have fulfilled the reasonable steps argument because she was endorsed to stand in June 2015 but did not make a move to renounce until May 13, 2016.