Coalition lacks numbers to refer Labor MPs to High Court
A STALEMATE in parliament will likely drag the dual citizenship crisis well into next year because the Coalition lacks the numbers to refer Labor MPs to the High Court.
NSW
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A STALEMATE in parliament will likely drag the dual citizenship crisis well into next year because the Coalition lacks the numbers to refer Labor MPs to the High Court.
Labor’s David Feeney and Katy Gallagher will be tested by the court after being referred yesterday but others, including Justine Keay and Josh Wilson, will not, despite remaining British citizens after the close of nominations for the last federal election.
In a day of high tension, the government was forced to rely on the vote of Speaker Tony Smith to prevent the referral of four Liberal MPs — Jason Falinski, Julia Banks, Nola Marino and Alex Hawke — who Labor claims have questions over their possible dual citizenships.
Prime Minister Malcolm Turnbull accused Labor leader Bill Shorten of an “extraordinary stunt” in attempting to refer the four Liberal MPs.
“For no reason other than for political advantage, with not a principle in sight, not a skerrick of evidence in sight, the Labor Party wants to send members of the House to the High Court … without making any case that they are in fact dual citizens,” he said.
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The government is down one vote with John Alexander facing a by-election in Bennelong. Instead, it is relying on the court’s decision on Ms Gallagher, who is in the same situation as Ms Keay, Mr Wilson and the Nick Xenophon Team’s Rebekha Sharkie, to pressure those MPs into resigning or referring themselves to the court.
Senior cabinet minister Christopher Pyne said negotiations with crossbench members would continue in the hope of convincing them as early as today to refer MPs individually rather than in a group with Coalition MPs, as Labor wants.
However Mr Shorten is demanding Liberal MPs release more details proving they are not dual citizens, leaving Mr Falinski and Ms Marino scrambling to produce additional documents.
Ms Marino yesterday released a note from the Italian Consulate confirming she “is not nor has ever been an Italian citizen”.
Mr Falinski released legal advice obtained from Melbourne firm Arnold Bloch Leibler which concluded he was not a Polish, Kyrgyz, Russian or British citizen by descent. But the firm warned: “We cannot conclusively advise on foreign law and recommend that you seek independent advice from foreign law experts to confirm our views set out in this advice.”
The Daily Telegraph first revealed in November there were questions over Mr Falinski’s citizenship, which he has consistently denied.
“I’m not going to pretend to be the foreign law expert, and nor anyone here should, but if that’s the best anyone here has got, there’s no doubt it should go to the High Court,” Labor’s Tony Burke said.