Jacqui Lambie to quit, Rebekha Sharkie’s future in doubt and new One Nation senator out of party as citizenship turmoil grows

TASMANIAN Senator Jacqui Lambie is quitting, Mayo MP Rebekha Sharkie’s future is in doubt and One Nation’s replacement senator is out of the party on his first day as the citizenship crisis descended into further chaos.

• Senator Jacqui Lambie will quit after confirming dual citizenship
• New One Nation senator quits — on first day
• Turnbull leading minority government after another MP resigns
• Liberals’ legal expert says Sharkie is not eligible for Parliament
• Barnaby Joyce slams Bill Shorten as citizenship chaos spreads
• Sharkie issue could open the door for another Downer in Mayo

TASMANIAN Senator Jacqui Lambie is quiting, a cloud remains over the future of Mayo MP Rebekha Sharkie and One Nation’s replacement senator says he was kicked out of the party on his first day, as the dual citizenship crisis engulfing Canberra descended into further chaos on Monday.

As the Senate resumed, One Nation senator Fraser Anning says he was verbally attacked and kicked out of the party by leader Pauline Hanson and the election of the new Senate president was challenged by the Greens.

The Turnbull Government continues to threaten to refer to the High Court three Labor MPs who are believed to have only renounced their UK citizenship after nominating for election. And the Nick Xenophon Team was urgently seeking legal advice about whether Mayo MP Rebekha Sharkie was ineligible for Parliament and should refer herself to the High Court.

Senator Jacqui Lambie after the swearing-in of new senators in the Senate. Picture Kym Smith

After last week insisting that she was not a dual citizen, Senator Lambie told colleagues on Monday that she would resign if it was confirmed she had inherited citizenship from her British-born father. This morning it was confirmed she is a dual citizen and she will quit the Senate today after confirming she held Scottish citizenship through her father.

Three senators were sworn in to replace those who had fallen foul of the Constitution and Liberal Scott Ryan resigned from the Turnbull Ministry for the plum role of Senate President.

Senator Anning, who replaced One Nation’s Malcolm Roberts, was curiously escorted on to the floor of the Senate by Australian Conservatives’ Cory Bernardi and Liberal Democrats’ David Leyonhjelm.

About an hour later, One Nation leader Pauline Hanson issued a fiery statement revealing Senator Anning had already split from the party. But he denied reports he had abandoned the party and said Senator Hanson had instead kicked him out.

The Government and Labor on Monday managed to come to agreement on a declaration process which both parties hope will clear up the ongoing citizenship saga. All senators must provide evidence by December 1 of steps taken to ensure they did not hold a foreign citizenship as well as their parents’ and grandparents’ birth places and dates.

Queensland Senator Fraser Anning (centre), arriving in the Senate to be sworn in, with senators David Leyonhjelm and Cory Bernardi. Picture: AAP/Lukas Coch

The House of Representatives is set to agree to a similar plan when it resumes on November 27. Prime Minister Malcolm Turnbull said the citizenship crisis was causing “consternation” but the disclosure process would ensure the issue could be resolved by the High Court.

“Everyone will put all their facts and materials out there and then the houses can resolve who, if anyone, to send off to the High Court,’’ Mr Turnbull said in the Philippines, where he is attending the ASEAN summit. “And the High Court will decide who’s eligible to sit in the Parliament — not the Labor Party.’’

Rebekha Sharkie and Nick Xenophon. Picture: Mick Tsikas/AAP

WA Labor MP Madeline King, who had been in the Government’s sights, provided evidence showing she renounced her UK citizenship prior to nominating. Labor threatened to retaliate if the Government referred Opposition members to the High Court.

Opposition Senate Leader Penny Wong said Labor could seek to send several Coalition MPs to the court, including Barker MP Tony Pasin, whose parents were born in Italy.

“If Mr Turnbull wants to start using his numbers to refer Labor MPs who have taken reasonable steps to renounce, I assume he has discussed with all of these MPs and any others from the Coalition side, that they are likely to have to be referred as well,’’ Senator Wong said. “And if he hasn’t, well he has certainly hung them out to dry.”

Mr Pasin has previously said he was not eligible for Italian citizenship because his parents became Australian citizens before he was born.

Legal advice released by the Labor Party found Ms Sharkie was validly elected to federal Parliament because she renounced her British citizenship before nominating for election.

Ms Sharkie’s position as member for the Adelaide Hills and Fleurieu Peninsula seat of Mayo is under a cloud because her British citizenship wasn’t formally cancelled until after nominations closed for the 2016 federal election.

Advice from former solicitor-general David Bennett QC released by the Liberal Party last week said that Ms Sharkie would be disqualified by the High Court.

But new advice obtained by Labor from Peter Hanks QC finds that the three MPs are in the clear because they took reasonable steps to cancel their British citizenship.

The crisis has cost the Government its majority in the House of Representatives following the resignation of Liberal MP John Alexander on the weekend after he discovered he could be a British citizen.

The citizenship state of play

House of Reps

Coalition 74 seats

— Former MPs Barnaby Joyce and John Alexander trying to win back their seats at by-elections

— Eligibility questioned of Coalition MPs: Julia Banks, Alex Hawke, Ann Sudmalis, Bert van Manem, Michael Sukkar.

Labor 69 seats

— Eligibility questioned of Labor MPs: Justine Keay, Susan Lamb, Michelle Rowland, David Feeney, Brendan O’Connor, Tanya Plibersek, Tony Zappia, Josh Wilson.

Nick Xenophon Team 1

— NXT MP Rebekha Sharkie at risk over former British citizenship.

Greens 1

Katter’s Australia Party 1

Independent Cathy McGowan 1

Independent Andrew Wilkie 1

Senate

Coalition 27

— Fiona Nash disqualified

— Stephen Parry quit

— Will gain two seats when vacancies filled

Labor 26

Eligibility questioned of Labor senators: Katy Gallagher, Penny Wong, Alex Gallacher, Deborah O’Neill

Australian Greens 9

— Former senators Scott Ludlam and Larissa Waters disqualified

Jacqui Lambie Network 1

— Senator Lambie is quitting after confirming she is British

Nick Xenophon Team 2

— Will gain an extra seat when Rex Patrick is sworn in to replace Nick Xenophon

One Nation 3

— Eligibility questioned of One Nation senators: Pauline Hanson, Peter Georgiou

— Former senator Malcolm Roberts disqualified

Independent Fraser Anning 1

— Senator Anning defected from One Nation

Australian Conservatives 1

Derryn Hinch’s Justice Party 1

Independent Lucy Gichuhi 1