Four MPs resign after Labor Senator Katy Gallagher ruled ineligible for Parliament

FOUR more MPs are resigning in the wake of the citizenship saga, including Queensland’s Susan Lamb, following the High Court decision ruling Senator Gallagher ineligible for Parliament.

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FOUR more MPs, including Queensland’s Susan Lamb, are resigning in the wake of the citizenship saga, following the High Court decision ruling Senator Gallagher ineligible for Parliament.

Labor’s MPs are claiming the judgement is a “new interpretation of the law” and overturns the understanding of the law for the past 25 years.

Major event crop for Katy Gallagher story

This is despite the High Court stating its ruling was consistent with previous rulings and that the previous judgments did not “suggest that a candidate who made a reasonable effort to comply” was exempt from complying with section 44 of the constitution.

Mayo MP Rebekha Sharkie was the first to go, announcing she would resign and contest a by-election.

Labor MPs Justine Keay and Josh Wilson were next to go, rising in Parliament to announce their resignation and that they will contest their respective by-elections.

Longman MP Susan Lamb also stated she would resign and would re-contest the by-election.

Wyatt Roy, the 27 year-old political boy wonder with two terms as a federal MP under his belt, today ruled out running in the Longman by-election. But he said he would not rule out a return to politics in the future.

Unlike the others, Ms Lamb’s citizenship application had not been finalised because she had not obtained documents requested by the UK Home Office as she was estranged from her mother.

“After nearly two years of having the privilege taking up this fight, I am not done,” she said.

“The decision will be in the hands of the amazing people of Longman but I intend to be back.”

It will be a tough fought by-election in Longman, which Ms Lamb holds by a 0.8 per cent margin after winning it off the LNP’s Wyatt Roy in 2016.

Speaking after the resignations, Ms Lamb said the High Court had set a new precedent.

“Today a ruling made by the High Court of Australia has set a new precedent, a new interpretation on the reasonable steps test which has been in place for more than two decades,” Ms Lamb said.

Mr Wilson and Ms Keay made similar claims regarding the High Court.

There will now be five by-election across Australia — in Longman, Freemantle, Braddon and Mayo — due to citizenship, as well as in Perth where Labor’s Tim Hammond resigned last week for family reasons.

Opposition leader Bill Shorten also argued the High Court had set a new precedent, despite the judgement stating it was consistent with previous rulings.

“In good faith, our candidates and the Labor Party and I have relied on advice that’s been

the same advice for over 20 years,” he said.

“But the High Court has looked at the facts in Senator Gallagher’s matter, they have developed a new test, a stricter test, and we have accepted that.

“They took all reasonable steps within their power. It’s now said it’s a stricter test. And so that is the law as it is now.

“Our lawyers were clear. It’s been the same advice as 20 years.”

Mr Shorten said the legal advice he was referring to would not be released.

He said Labor went back to its lawyers after the judgement in August to ask if the reasonable steps test it was using still applied.

“They said our position was sound,” Mr Shorten said.

Ms Lamb has previously said she was unable to secure the marriage certificate required by the UK Home Office to process her renunciation as she was estranged from her mother.

Mr Shorten said he was still confident she would be eligible to stand at the next election.

“I’m confident now we’ve seen the decision Susan will be eligible to nominate for Parliament

in the very near future,” he said.

But he would not say whether or not she had already secured any or all of the necessary paperwork to do so.

Mr Roy said he had received calls from former colleagues today urging him to run for Longman.

Mr Roy, who at age 20 became the youngest person ever elected to a federal parliament in 2010 when he won Longman north of Brisbane, has carved out a new life in the private sector.

The former Assistant Minister for Information works with Afiniti, A Washington-based company specialising in artificial intelligence with a presence in more than a dozen countries.

Now general manager of the Sydney office, Mr Roy who splits his time between Brisbane and Sydney, said he had received calls from former colleagues today urging him to run.

“But I will not be throwing my hat in the ring,’’ he said.

“I have found an extraordinary amount of opportunities available to me working in the private sector and for now I intend pursuing them.’’

Mr Roy said he would not rule out a return to politics in the future.

“You never know what the future holds,’’ he said.

“I am deeply honoured to have served in the Federal Parliament and proud of the policy achievements that we made in those years.’’

EARLIER: Gallagher ruled ineligible

THE citizenship crisis has been reignited after the High Court ruled Labor Senator Katy Gallagher was ruled ineligible for Parliament.

It puts into doubt the future of four more MPs, three Labor and one crossbencher, who have similar cases but are yet to be referred to the court.

This includes Queensland Longman MP Susan Lamb, who still retains British dual-citizenship through her Scottish father, but says she has taken “all reasonable steps” to renounce.

Senator Gallagher had completed her renunciation documents on April 20, 2016, while the UK Home Office had deducted fees on May 6, 10 days before the close of nominations.

But Home Office asked for further documentation on July 20, after the election had been held, but Senator Gallagher’s lawyers have argued this detail was not reasonably required under British law.

The High Court has today ruled Katy Gallagher ineligible and declared her Senate spot vacant. File picture

The High Court today ruled Senator Gallagher was ineligible to stand for Parliament in July 2016 and declared her Senate spot vacant.

The ruling leaves a dark cloud over Longman MP Susan Lamb, as well as Labor’s Justine Keay and Josh Wilson and as crossbench MP Rebekha Sharkie.

Ms Lamb never successfully renounced her British citizenship, arguing she cannot get her parents marriage certificate, requested by the British Home Office to complete the process, as she is estranged from her mother.

Similar to Senator Gallagher, she has argued this detail was not reasonably required under British law.

Queensland MP Susan Lamb has argued that she took all reasonable steps to renounce her citizenship. Picture: John Gass/AAP

Ms Sharkie, Ms Keay and Mr Wilson, like Ms Gallagher, received confirmation of their UK citizenship renunciation after the close of nominations.

Ten MPs and Senators have lost their jobs to the citizenship saga before today, including former Deputy Prime Minister Barnaby Joyce, as well as One Nation Senator Malcolm Roberts, National Senator Fiona Nash, Scott Ludlum and Larissa Waters in the first round.

Later, Senators Stephen Parry, Jacqui Lambie and Skye Kakoschke-Moore as well as lower house MPs John Alexander and David Feeney also lost their seats to the citizenship, though Alexander was re-elected at a by-election.

Chief Justice Susan Kiefel said in her judgment Senator Gallagher had failed to identify any aspect of British law which prevented her from renouncing and the time it took her it to process was irrelevant.

“No requirement of the relevant provisions could be described as onerous,” she said.

“There was never any doubt that a decision to register would be made. The issue for Senator Gallagher was only ever to be in the timing of the registration.

Former deputy prime minister Barnaby Joyce was ruled ineligible by the High Court but has since won a by-election for his seat of New England. File picture

“Such a submission finds no support from what was said in (previous citizenship cases).

“The question in this reference turn upon one issue: whether British law operated to irremediably prevent an Australian citizen applying for renunciation ... from ever achieving it.

“An affirmative answer cannot be given merely because a decision might not be provided in time for a person’s nomination.”

Senator Gallagher said she was disappointed by the outcome, but respected the decision of the High Court.

“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.”

Opposition leader Bill Shorten said the Labor Party would consider what further implications the judgment had.

It could see five by-elections being held on the same day — four citizenship related and another for WA MP Tim Hammond who separately resigned to spend more time with his family.

Mr Shorten said he was deeply disappointed for Senator Gallagher’s loss.

“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,” Mr Shorten said.

Leader of the House Christopher Pyne said there was no need to refer the four MPs to the High Court.

Opposition Leader Bill Shorten says Labor is considering the implications of this morning’s ruling. Picture: Kym Smith

“That would be more waste of taxpayers’ money. It would be more delay and take more time when there is an unambiguous decision at the High Court today concerning an unambiguous decision in the Canavan case,” he said.

“We expect Bill Shorten to do the right thing and cause those members to resign.”

Mr Pyne said Mr Shorten had “spectacularly failed” the character test by not referring the MPs to the High Court or asking them to resign before now.

He accused him of obfuscating the citizenship issue since the judgement came down on the first cases to go to court in August last year.

“The idea that this leaves any room for manoeuvre on the Labor side is quite frankly laughable,” he said.

“This sits very starkly at Bill Shorten’s door. He created this problem by not dealing with it when we gave him the chance to do so last year. He faces another test today.”

Attorney-General Christian Porter said the High Court had confirmed its strict ruling from earlier in the year and accused Labor of wasting taxpayer money.

“They were delaying, they were obfuscating, and they did so at enormous expense to the Australian taxpayer and radically, they tried to take everyone for mugs and there was always going to be a day of reckoning and here it is, and where are they?” he said.