Citizenship saga could cost Australian taxpayers $20 million

TAXPAYERS could be up for a $20 million bill for the citizenship saga engulfing federal politics if four more MPs are referred to the High Court, as experts break down the cost blowout.

EXCLUSIVE

TAXPAYERS could be up for a $20 million bill for the citizenship saga engulfing federal politics if four more MPs are referred to the High Court.

The citizenship fiasco is expected to flare in the next two weeks when the High Court is likely to hand down its ruling on Labor Senator Katy Gallagher’s case.

Labor MPs Susan Lamb, Justine Keay and Josh Wilson and crossbench MP Rebekha Sharkie are expected to be referred to the court if Senator Gallagher isn’t successful in arguing she took “all reasonable steps” to renounce her dual citizenship before the 2016 election nominations.

But the predictions of a high profile former silk about the mounting costs of the citizenship cases will ramp up pressure on the other MPs to resign, triggering a “super Saturday” of by-elections, rather than fight similar cases in court.

Senator Katy Gallagher speaking at Parliament House in Canberra. Picture Kym Smith

Peter Faris, who represented high profile clients such as gangland boss Carl Williams and drug kingpin Tony Mokbel during his more than 40 year career, told News Corp it would be reasonable to estimate the cost of each citizenship case at more than $1 million.

The prediction is based on Treasury figures, which show $11.6 million was spent by the Attorney-General’s Department between the May budget and December on legal costs for “constitutional matters”.

Most of that figure is understood to be the “citizenship seven” cases of Barnaby Joyce and six other federal politicians, which ended in late October.

Four more citizenship cases have been before the High Court since November, including Senator Gallagher’s case and legal stoushes over who would replace Jacqui Lambie, Fiona Nash and Skye Kakoshcke-Moore.

Labor MP Justine Keay. Picture: Chris Kidd

Josh Wilson in Question Time. Picture Kym Smith

If Ms Lamb, Ms Keay, Mr Wilson and Ms Sharkie are also referred to the High Court, Mr Faris said the eight extra cases could potentially double the $11.6 million already spent on legal costs for the ‘citizenship seven’.

Costs for each case include legal teams, the costs of preparing cases, and High Court fees, including for single justice and full bench hearings.

It’s understood QC fees for a full day hearing can reach $10,000, while hourly fees for senior barristers can be more than $600 per hour.

MPs have hired some of the most high-profile lawyers in the country, such as former solicitor-general Justin Gleeson SC, Philip Solomon QC and Michael Abbott QC.

Labor backbench MP Susan Lamb. Picture: AAP

Rebekha Sharkie debating citizenship. Picture Kym Smith

Constitutional expert George Williams said if Senator Gallagher lost her case, there would be “enormous” political pressure on the others to be referred to the High Court due to the similarities between their cases.

The University of New South Wales professor said the mounting costs of the citizenship saga also added to the case for changing Section 44(i) of the Constitution, which would require a referendum that could cost up to $60 million if held at the next election.

He argued the referendum would be cheaper than current cases plus the cost of how the fiasco was affecting government in Australia.

“The cost is growing enormously as more cases arise and further complications emerge in replacing disqualified parliamentarians,” he said.

The Attorney-General’s department did not comment on the expenses involved in cases since November.

A parliamentary inquiry into whether Section 44(i) should be changed was due to be handed down on Monday but is expected to be deferred until after the High Court rules on Senator Gallagher.

Originally published as Citizenship saga could cost Australian taxpayers $20 million