Katy Gallagher ruled ineligible to sit in Parliament in citizenship saga
PARLIAMENT has been rocked by the latest twist in the citizenship saga as Katy Gallagher was ruled ineligible to sit in Parliament by the High Court and four other MPs stepped aside.
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AUSTRALIANS will be headed to the polls for five by-elections in coming weeks with three Labor MPs and crossbench MP Rebekha Sharkie announcing their resignations today.
The citizenship saga that has engulfed federal politics since last year has now claimed 15 victims in total.
All four MPs will announce their resignations before Question Time today.
Labor senator Katy Gallagher has become the 11th victim of the citizenship saga after the High Court this morning ruled she was ineligible to sit in Parliament.
That decision set in motion the resignations of the four other MPs.
A recount will now be held to determine who is likely to replace the Senator in the upper house.
Labor MPs Susan Lamb, Josh Wilson and Justine Keay will all step aside.
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Centre Alliance MP Rebekha Sharkie also has a similar citizenship issue and has announced her resignation
In total, it will mean a Super Saturday of five by-elections across the country, given WA Labor MP Tim Hammond’s shock announcement last month that he intended to resign from Parliament.
All four MPs who are resigning intend to recontest their seats.
Shortly after the decision was handed down, Ms Gallagher released a statement saying she was “very disappointed” by the outcome but respected the decision of the Court.
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“I have always acted on the best available legal advice, which at all times, indicated that I satisfied the eligibility requirements under the Constitution. However, today the High Court has made its decision, and I respect the outcome,” she said.
“To the people of the ACT I’m very sorry that this disruption has occurred to one of your federal representatives.
“To have my place in the Senate end like this today is very deeply disappointing but I believe that I have more to contribute to public life and I will take the time to talk with Labor Party members on how I can do this over the months ahead.”
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Ms Gallagher said it was an “absolute honour” to serve the people of the Australian Capital Territory first in local government as the territory’s chief minister and then in the senate.
Ms Sharkie has also said she is seeking “urgent legal advice” in the wake of the ruling.
‘FURTHER IMPLICATIONS’ ON CITIZENSHIP
Opposition leader Bill Shorten has insisted Labor had no dual citizen MPs in Parliament since the citizenship saga began mid last year.
After it was revealed in December that five of their MPs may have citizenship issues, Labor then consistently argued their MPs had taken “all reasonable steps” to renounce their foreign citizenship before nominating for the 2016 election.
Today, Mr Shorten said the High Court’s decision on Ms Gallagher had “set a new precedence”.
He said the Labor Party would now consider “what further implications” today’s decision by the High Court would have.
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Here's the video where Shorten gave a "guarantee" none of his team were dual citizens. Interview was with @deborah_knight https://t.co/ba5Z6bYrLG
— Sharri Markson (@SharriMarkson) May 9, 2018
Mr Shorten also said he was “deeply disappointed” for Ms Gallagher.
“This is a loss to the Senate, and a loss for Labor. We are a better parliament with Katy in it, and a stronger party with Katy in our caucus,” he said.
“Katy has always acted on the best available legal advice, which indicated that she had satisfied the eligibility requirements under the Constitution.”
Mr Shorten said Ms Gallagher had shown great resilience and grace in difficult circumstances over the past few months.
He indicated he wanted her back in Parliament at the next election.
“As a community worker, as a disability advocate, as Chief Minister and as a Senator, Katy has always served others. She has made a valuable contribution to the Australian parliament, and to our shadow ministerial team,” he said.
“Katy is a key part of Labor’s Senate leadership team. She is too good to lose from public life – and I know we won’t lose her. Katy has a lot more to contribute to Labor and to Australia.”
Labor frontbencher Penny Wong has also signalled the Labor party wants Gallagher back in Parliament as soon as possible.
“Katy Gallagher is a woman of great integrity who always acted in accordance with the advice given to her, her understanding of the legal issues, and always acted in good faith,” Senator Wong told the upper house shortly after the High Court decision was handed down.
“Former Senator Katy Gallagher is an outstanding senator for the community and an outstanding representative of the people of the ACT.
“She is an important part of Labor’s Senate leadership team and she’s too good to lose.”
Senator Wong’s statement did not indicate what Labor’s position would be regarding its three other MPs whose citizenship issues are still under a cloud.
Senate President Scott Ryan told the upper house a special re-count of the last election would now be held to determine Ms Gallagher’s replacement.
‘RESIGN BEFORE CLOSE OF BUSINESS’
Earlier Attorney-General Christian Porter called for the immediate resignation of the four other MPs with dual citizenship issues after the High Court decision on Katy Gallagher.
“Those four people must resign. They must resign today. Bill Shorten must require the resignation of those three Labor members today, and that must occur before close of business today,” he said.
Mr Porter also dismissed Mr Shorten’s comment that the High Court had “set a new precedence” today.
“This decision is not a reinterpreation or a change in the law,” the Attorney-General said.
“It is a crystal clear clarification of the law as it was stated in the Canavan decision last year, and anyone, Bill Shorten or anyone else, who says this is a reinterpretation or a change, is talking absolute rubbish.”
“We all knew what the circumstance was last October in the Canavan decision.”
Mr Porter said the four cases, including Ms Sharkie, were “legally indistinguishable” from Ms Gallagher’s meaning there was no need for their cases to also go before the High Court.
Senior Liberal frontbencher Christopher Pyne also said there was “no need” for Labor to refer its MPs to the High Court, costing the taxpayer more.
News Corp revealed last month that the costs of the citizenship saga for taxpayers could blow out to more than $20 million if the four MPs don’t resign and are instead referred to the High Court
To date, the so-called “citizenship saga” has cost Australians more than $11 million dollars in legal costs for federal MPs.
Former Deputy Prime Minister Barnaby Joyce — who last year revealed he held New Zealand citizenship — was the most high profile victim of the saga but reclaimed his seat of New England last year at a by-election in December.
Nationals Senator Fiona Nash, One Nation Senator Malcolm Roberts, Greens senators Larissa Waters and Scott Ludlam also lost their seats last year after the first “citizenship seven” case.
Liberal MP John Alexander, Liberal Senator Stephen Parry, Labor MP David Feeney and crossbench senators Jacqui Lambie and Skye Kakoschke-Moore were the next to go.
Mr Alexander also returned at a by-election in December.
Senator Gallagher was ruled ineligible today as she was a British citizen by descent via her English-born father Charles Gallagher at the time of her nomination for the 2016 election.
Former Tasmanian senator Jacqui Lambie has ruled herself out of the running for Braddon.
“Jacqui wants all Tasmanians to know that she will not under any circumstances be standing as a candidate for any election to be called for the seat of Braddon in the event that the current MP, former British citizen Justine Keay resigns,” a spokesman for Ms Lambie said.
“Jacqui knows in her heart of hearts that the place for her to fight for Tasmanians and to promote all the causes dear to her supporters is in the Senate.
“Jacqui and the Network will be running a team for the Senate at the next election, whenever that election is called.
“Jacqui Lambie made the hard decision personally but her calling is to return to the Senate. The JLN is right behind her and given the strength of feeling in Tasmania we are confident Tasmanians see it the same way.”
Originally published as Katy Gallagher ruled ineligible to sit in Parliament in citizenship saga
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