Coalition ready to test duo’s eligibility
FEDERAL Attorney- General George Brandis has all but confirmed the Government will seek to refer two suspected dual national Labor MPs to the High Court to test their eligibility.
The Government reached a deal with Labor yesterday to set a December 1 deadline for all senators to disclose details of their family history and any dual citizenship renunciation, in a bid to end the fiasco.
The Lower House is expected to pass a similar motion on November 27. Senator Brandis told parliament there were serious doubts, backed by legal opinion, about the constitutional eligibility of Labor MPs Justine Keay and Susan Lamb, who were still British citizens when nominations for the 2016 election closed.
Labor insists its two MPs took “reasonable steps” to renounce their citizenship before the 2016 election.
It has released legal advice which argues there is no basis Ms Keay, Ms Lamb and independent MP Rebekah Sharkie are incapable of being MPs under the constitution.
Each of them lodged a declaration of renunciation of British citizenship with the relevant UK authority before submitting their nomination for election, senior counsel Peter Hanks said.
As the debate raged, it was reported outspoken Tasmani- an independent Jacqui Lambie could quit parliament within days over her British citizenship by descent.
Senator Lambie said if a decision was made, Tasmanians would be the first to know.
The Greens may prove to be the key to whether in- doubt Labor MPs are referred to the High Court.
Greens leader Richard Di Natale confirmed the minor party’s sole MP Adam Bandt would provide the Government with the crucial vote it needs in the Lower House.
“If the Government decides to refer someone, if the Opposition decides someone should be referred, we think we should honour that,” Senator Di Natale said.
Cabinet minister Mathias Cormann would not say whether the Government would act as soon as the House of Representatives returns or wait until the disclosure system reports back.
Leader of the House Christopher Pyne said the disclosure process reflected the plan put by Malcolm Turnbull to Labor was a “good outcome”. Labor leader Bill Shorten said his party had nothing to hide.
“We will put forward our information. We have done our homework. We have got our legal advice and we think there should be one rule for all,” he told a meeting of Labor senators in Canberra.