MPs to share in citizen rulings

BARNABY Joyce, Fiona Nash and Matt Canavan will “stand or fall together” in their upcoming High Court citizenship case.

That’s the view of Commonwealth Solicitor-General Stephen Donaghue QC, who told a directions hearing in Canberra yesterday the cases of the two Nationals senators and independent senator Nick Xenophon were “virtually indistinguishable” from the Deputy Prime Minister’s case.

All four federal MPs were referred to the High Court in August after learning they were citizens of another nation by descent.

It would be a blow for the Turnbull Government if the High Court rules the three Nationals MPs were ineligible to be elected.

It would trigger a by-election in Mr Joyce’s seat of New England, which would threaten Malcolm Turnbull’s oneseat majority in the lower house.

If the Deputy Prime Minister lost the by-election, the Prime Minister would be forced to seek supply and confidence from a crossbench MP to retain government. The two senators’ seats would automatically go to the 2016 candidates with the next most votes; former Liberal senator Joanna Lindgren would replace Senator Canavan while Liberal candidate Hollie Hughes would replace Senator Nash.

Meanwhile, One Nation senator Malcolm Roberts will be cross-examined at a High Court hearing in Brisbane next week over whether he renounced his British citizenship before his election.

His sister could also be called to speak at the hearing after she wrote an affidavit backing his claims.

The India-born senator argues he “renounced” his British citizenship before the 2016 election through an email to the British Home Office.

He did not receive a reply until after the election however, when the Home Office sent him a renunciation form to fill out.

Senator Roberts’ lawyer requested the opportunity to cross-examine the government’s expert on UK citizenship law after finding their own expert.

The issue of whether the Queensland senator paid fees at the time he sent the renunciation email could be key to the case.

Former Greens senators Scott Ludlam and Larissa Waters will also have their eligibility tested when the full bench of the High Court hears all seven cases from October 10.

Although both Greens senators resigned after learning they were New Zealand and Canadian citizens respectively, the Solicitor-General told the court yesterday the Commonwealth did not believe Senator Waters had cause to resign.