COURT MUST HEED VIBE
WITH Parliament threatened by a constitutional hiccup, there is new meaning to the political comment “the age of entitlement is over’’.
Not even Deputy Prime Minister Barnaby Joyce seems immune from the plague on both Houses as a sleepy section of the Constitution awakens and puts the careers of politicians at risk.
The trap lies in Section 44(i), which does not stop at just weeding out MPs who definitely hold dual citizenship. Part of the mess revolves around the word “entitled’’. People are disqualified not only if they are a citizen of another country, but also if they are “entitled to the rights or privileges of a ... citizen of a foreign power’’.
Therein lies an unintended pitfall for MPs like Mr Joyce, who by accident could be disqualified simply because his dad was a Kiwi and New Zealand law deems him therefore a citizen by descent.
The growing list of MPs caught by the laws of other countries indicates that as a nation of migrants, we have inherited a constitutional headache. With its high Kiwi population, the Gold Coast is very much aware of the problems of nationality, particularly for families confronted by having to pay full fees for children at university.
Does the constitutional matter have to be painful and expensive to resolve? The High Court can save parliament disruption and the taxpayers a huge amount of money if it makes a ruling that negates the angst and avoids an expensive referendum.