Barnaby Joyce will be lucky to win dual citizenship case in High Court, expert George Williams says
A CONSTITUTIONAL expert says he would be “surprised” if Barnaby Joyce survives a High Court challenge over his dual citizenship and that Malcolm Turnbull’s confidence is “misplaced”.
NSW
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A CONSTITUTIONAL expert says he would be “surprised” if Barnaby Joyce survives a High Court challenge over his dual citizenship and that Malcolm Turnbull’s confidence is “misplaced”.
Professor George Williams — one of the nation’s top constitutional law experts — told the National Press Club yesterday that ministers under a High Court cloud should step aside or the federal government could face legal action.
Mr Williams said ignorance of citizenship by descent was not a plausible excuse for the oversight, and the debacle had exposed “complacency”. “The barest inquiry would have identified the problem,” he said.
“Joyce’s case, and those of the Greens members, speak less of a problem with the Constitution, and more of complacency and inadequate party vetting processes. The Prime Minister has said of his deputy that he is ‘qualified to sit in the house and the High Court will so hold’. Such confidence is misplaced. Joyce may survive the High Court challenge, but I would be surprised if he does so.”
The University of NSW academic said it was difficult to see how any of the seven MPs awaiting a High Court ruling on their dual citizenship had taken reasonable steps to renounce their foreign citizenship.
“The wisest course is for them to refrain from making decisions or to step down pending the outcome of the High Court hearing,” Prof Williams said.
Five members of Parliament, including Deputy Prime Minister Barnaby Joyce, face a High Court test of their eligibility under section 44 of the Constitution which bans dual nationals from being MPs.
Five members of Parliament, including Deputy Prime Minister Barnaby Joyce, face a High Court test of their eligibility under section 44 of the Constitution which bans dual nationals from being MPs.
Another two, including cabinet minister Fiona Nash, will be referred to the court by Parliament next week. One ministerial colleague, Matt Canavan, stood aside when his status was questioned.
Mr Williams said although no law was likely to be undone because it was “tainted” by the election of an ineligible member — based on previous High Court decisions — there were question marks over government decisions.
He said this was because ministers’ authority to run departments and to make decisions under legislation depended upon the law regarding them as being properly appointed. Section 64 of the Constitution says that “no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives”.
The High Court will hear the cases from October 10 to 12.
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