Turnbull backs new rules to end dual citizenship circus
The Turnbull government has ruled out a referendum to end the dual citizenship debacle once and for all, but will introduce new rules to reduce the likelihood of further High Court cases.
Prime Minister Malcolm Turnbull last year tasked a powerful parliamentary committee, headed by a Liberal senator, to examine the section 44 fiasco. Yesterday, it urged a referendum to repeal or amend the constitution – but that was kyboshed by the government within an hour.
Special Minister of State Mathias Cormann said the gov- ernment was ‘‘not inclined to pursue a referendum . . . at this time’’ because ‘‘constitutional change is challenging and making the case would take more time than is available prior to the next general election’’.
However, he gave the nod to a new disclosure regime to mitigate the effect of section 44 and reduce the likelihood of more cases coming before the High Court.
All candidates will need to publicly declare their family history when they nominate to contest an election – as well as any relevant financial information that could disqualify them under the law.
Cormann said he wanted to ensure the new declaration rules were in place before the five upcoming byelections, including the four prompted by citizenshiprelated resignations.
Further arrangements urged by the Joint Standing Committee on Electoral Matters – but not yet agreed to by the government – would give MPs extra protections against being dragged before the High Court.
Rivals would have 40 days after an election to challenge someone based on the above declaration, after which the issue ‘‘cannot be raised again’’ for the life of the Parliament.
Crucially, the privileges committee would agree not to refer to the High Court any MP whose case swung solely on a question of foreign citizenship law.
The Joint Standing Committee on Electoral Matters, chaired by Liberal senator Linda Reynolds, was strident in its preference for a referendum to fix the citizenship problem ‘‘once and for all’’.
In a pointed rebuke of Turnbull’s position that a referendum was too difficult and unlikely to succeed, the report argued: ‘‘We, as members of Parliament, should never be afraid of the debate and putting these questions to the Australian public.’’ – Fairfax