Five Federal MPs gone as Katy Gallagher ruled ineligible to sit in Parliament in citizenship saga
AUSTRALIANS will be heading to the polls for five by-elections after the citizenship saga hit Parliament, claiming five MPs as Bill Shorten faces pressure over claims Labor had no dual citizens.
News
Don't miss out on the headlines from News. Followed categories will be added to My News.
AUSTRALIANS will be heading to the polls for five by-elections in coming weeks with three Labor MPs and crossbench MP Rebekha Sharkie announcing their resignations today.
Parliament has been rocked by the latest twist in the citizenship saga just a day after Treasurer Scott Morrison handed down the 2018 federal budget.
The dramatic mass resignation of four MPs came just after midday today.
Crossbench MP Rebekha Sharkie was the first to announce her resignation in an emotional press conference at the Senate courtyard in Parliament House.
Moments later, Labor MPs Justine Keay, Susan Lamb and Josh Wilson announced their resignation in the House of Representatives.
BUDGET CALCULATOR: Are you better off?
FIVE-MINUTE GUIDE: The Budget explained
It comes after Labor Senator Katy Gallagher was this morning ruled ineligible to sit in Parliament by the High Court.
The citizenship saga that has engulfed federal politics since last year has now claimed 15 victims in total.
A recount will now be held to determine who is likely to replace Senator Gallagher in the upper house, while by-elections will be held in the seats of Braddon in Tasmania, Longman in Queensland, Fremantle in Western Australia and Mayo in South Australia.
RELATED: Could it be a Super Saturday for Turnbull?
A fifth by-election will be held in the seat of Perth after Labor MP Tim Hammond made the shock announcement last week he was resigning to spend more time with his young family.
All four MPs who are resigning intend to recontest their seats.
Shortly after the High Court decision was handed down this morning, Ms Gallagher released a statement saying she was “very disappointed” by the outcome but respected the decision of the Court.
OPINION: Why I miss the passion of Hawke, Howard and Keating
“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.”
BABY JOY: First pics of Barnaby’s new boy
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.
MASS RESIGNATIONS
Labor frontbencher Tony Burke revealed shortly after the mass resignations that the three Labor MPs and Mr Hammond would hand their resignations in on Friday.
The citizenship MPs would not be returning to Parliament effective immediately unless they won their by-elections.
In an impassioned press conference speech, Ms Sharkie told reporters: “I don’t believe that my job here is finished.”
The Labor MPs echoed those sentiments moments later.
Ms Keay told the House of Representatives she had always been upfront and honest with her electorate about her status, despite refusing to refer herself to the High Court when citizenship issues became apparent.
“The citizenship issue has been a difficult time for my family, friends, supporters and staff, and, of course, myself,” she told Parliament.
“It’s been a character-building experience. But I can hold my head high for being upfront and honest with my electorate. I have nothing to fear or hide.”
Ms Keay said the citizenship saga had “taken a personal toll” on her, her colleagues and family but declared she would contest the by-election.
“The people in my community deserve a representative that cares about them, respects them and listens to them. This is what I have done and what I will continue to do,” she said.’
Ms Lamb, who made a tearful speech to Parliament last year saying a relationship breakdown with her mother was why she didn’t have the necessary paperwork to resign her British citizenship, also said she would recontest because she was “not done yet”.
She said she would continue to fight for those in her electorate, against tax cuts for big business, and for better NBN and housing for the elderly among other local issues.
“This is not a valedictory speech, let me be clear. I’m putting the Government on notice that while ultimately, this decision will lay in the hands of the amazing people of Longman, I intend to be back,” she said.
Mr Wilson detailed how through a quirk of fate, being born in Britain on a working family holiday, he had gained foreign citizenship.
He also claimed the High Court’s decision would change the way the electoral system works.
“It will mean for up to one fifth of all Australian citizens who are, or who may be entitled to citizenship of another country, that their ability to participate in Federal Elections will be significantly constrained,” he said.
LABOR ‘RUNNING A PROTECTION RACKET’
Opposition leader Bill Shorten faced the media for a testy press conference after his MPs announced their resignation.
The Labor leader was grilled over whether the party had run a protection racket for its MPs, while Coalition MPs and crossbench senators faced the High Court.
“At all times, the Labor Party has act in good faith,” Mr Shorten told reporters at Parliament House today.
“I have relied upon the legal advice provided to me by the Labor Party, the same advice provided to Labor leaders since the mid-90s. Our quality candidates have relied on this advice.
“After asking all candidates to comply with the processes we thought were appropriate, the High Court has set a stricter test.
“Legal experts such as professor George Williams say they are surprised by this decision.
“The Australian Electoral Commission hand book for prospective candidates spells out candidates, if they’re a dual national, have to take all reasonable steps.
REVEALED: Huge cost of citizenship saga to taxpayers
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
“The High Court has made the decision, these are the facts we’ve got to deal with, and that’s why all three of these quality candidates will be recontesting at the earliest possible date.”
Mr Shorten said Ms Lamb would now be resigning her British citizenship.
Last year, she told Parliament she was unable to because she could not contact her mother after their relationship breakdown.
It’s not clear how she will now be able to access the paperwork, where she could not before.
Mr Shorten was asked at the press conference “Do you have the guts to say sorry I’m wrong” after he last year declared Labor had no dual citizens among it’s ranks.
He replied: “Our lawyers were clear. It’s been the same advice as 20 years.”
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 reinterpretation 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 Five Federal MPs gone as Katy Gallagher ruled ineligible to sit in Parliament in citizenship saga