Sharri Markson: Keep undue influences out of power

THE principle ­behind Section 44 is more crucial now than in recent history, and the rules can’t be simply waived now, writes Sharri Markson.

John Tiedemann

• Sharri Markson: Policy victories no help in winning government
• Welcome to Bill Shorten’s Australia

AT FIRST blush, the section of the Australian constitution banning dual citizens from entering Parliament seems antiquated and inapplicable to the multicultural landscape we live in.

After all, 28 per cent of Australians were born overseas or had a parents born overseas.

We are a country of immigrants.

While no official figures are held, the Turnbull Government estimates four million Australians have dual citizenship.

Sharri Markson.

This means a fifth of our population would not be eligible to become an MP ­unless they had first relinquished their second citizenship.

And that’s just part one of Section 44 of the constitution.

More ludicrous is the part that stipulates a candidate or MP can’t profit from government.

Currently, Nationals MP David Gillespie is facing a legal challenge from Labor because he owns a shopping centre that has a post office in it. And Australia Post is government owned. Ridiculous, right?

This rule also means school principals, teachers, nurses, paramedics, firemen — some of society’s best — have to quit their jobs before they run for parliamentary office.

Federal MP for Lyne David Gillespe is facing a legal challenge from Labor because he owns a shopping centre that has a post office in it.

Unprepared to give up their livelihood before even winning the seat, the parliament ultimately has fewer people hailing from these professions.

this element of the ­constitution seeks to keep foreign ­influences ... away from political decisions

Is this what legendary figures such as Sir Edmund Barton, Andrew Inglis Clark, Alfred Deakin and Charles Kingston, who were involved in framing the constitution after travelling to London as part of a constitutional ­delegation, intended?

Time we reformed this. Illustration: John Tiedemann

Perhaps not. In an ideal world, ­reform would be discussed. But protecting politicians’ interests by having a referendum on Section 44 is hardly top of the pecking order when it comes to updating the constitution.

Besides, numerous candidates in the 1990s couldn’t run for office ­because they held dual citizenship.

Senator Matt Canavan addresses his Italian citizenship issue.

The rules can’t be waived now.

And in any case, the principle ­behind Section 44 is more crucial now than in recent history.

At its core, this element of the ­constitution seeks to keep foreign ­influences out of the Australian ­parliament and away from political decisions.

While Matt Canavan, Larissa ­Waters and Scott Ludlum were each sloppy and careless with their citizenship, rather than disloyal to Australia, the constitution should not be changed to weaken protections over our political process in favour of MPs who cannot get their admin in order.

One of our spy agency ASIO’s top concerns at the moment is foreign ­interference in Australian politics.

There could be as many as 10,000 Chinese agents or spies in Australia, although the figure is ­impossible to verify.

It’s an issue they are taking ­extremely seriously.

ASIO is highly concerned about attempts by foreign powers to influence Australian politics, and countering espionage is one of its key functions, adding further weight to calls to ban foreign donations to Australian politicians, as is longstanding practice in nations such as the US, the UK and Canada.

In particularly they are concerned about the influence of Russia and the Chinese Communist Party in Australia.

In a two-hour confidential briefing in the Cabinet room in February, ­intelligence agencies warned the Turnbull Government to prepare for state-sponsored espionage and, ahead of the next election, a possible Russian cyber attack.

Scott Ludlam has New Zealand citizenship.

Larissa Waters has Canadian citizenship.

Intelligence sources told The Daily Telegraph there could be as many as 10,000 Chinese agents or spies in Australia, although the figure is ­impossible to verify.

As China’s global dominance emerges, power politics between ­nations will be “accentuated over coming years,” warns the recent independent intelligence review conducted by Michael L’Estrange, Stephen Merchant and Sir Iain Lobban.

The authors said espionage and counterespionage will “intensify and evolve in unpredictable ways,” ­particularly as “ideological rivalry is re-emerging”.

Intelligence agencies have reportedly warned both Labor and the ­Coalition to be very careful in accepting political donations from two powerful Chinese businessmen.

While there are no accusations of any  wrongdoing,  it’s worth noting the speed at which several former ­political figures began work for ­Chinese-backed institutions soon after leaving office.

MPs need to ensure their loyalty is to Australia only.

Think former Labor General Secretary Jamie Clements, former Labor Foreign Minister and Premier Bob Carr, former NSW Labor Minister Eric Roozendaal and former Liberal Trade Minister Andrew Robb.

Labor senator Sam Dastyari also famously accepted payments from Chinese donors to help cover an outstanding legal bill, staff travel and trips to China.

In Carr’s case, there were concerns about his perceived pro-China attitude from virtually the moment he was appointed Australia’s Foreign Minister, both in the upper echelons of the United States Government, and locally.

Ten days after Carr had been sworn in as foreign minister in 2012, Kurt Campbell, then the US assistant secretary of state, raised concerns about his closeness to China over breakfast in Sydney’s Park Hyatt hotel.

Sam Dastyari was in strife over Chinese dealings.

Bob Carr attends a China Matters Forum in Perth.

He cautioned him about his pro-China ­position and his criticism of ­Barack Obama’s 2011 pivot-to-Asia speech to the Australian ­parliament.

The Australian Strategic Policy ­Institute’s Peter Jennings, who is now in the running to be Secretary of the Australian Defence Force, said it was disturbing how close to China Mr Carr became as foreign minister.

“I think he invested too much time as foreign minister in having the ­concern of how things will be read in Beijing rather than just setting out what was an expression of Australia’s national interest,” he told me in September 2016.

During his time as foreign minister, Carr, and others in Labor cabinet, also held Gillard’s leadership over a barrel when it came to Israel and Palestine.

Gillard had wanted Australia to vote against giving Palestine observer status at the UN.

Instead, she decided Australia would abstain for the vote, a decision made to save her leadership.

These stories show how prominent political figures can exercise their ­influence to further the interests of foreign nations in Australian parliament, even when they believe they’re also acting in Australia’s interest.

The issue of foreign nations ­attempting to influence the Australian political process is a serious and an incredibly complex one for Australia’s intelligence agencies to manage.

MPs need to ensure their loyalty is to Australia only — this very sentiment was behind the Turnbull Government’s citizenship changes just two months ago.

While the likes of Bob Carr are not dual citizens, we cannot relax the rules to make it easier for foreign ­influencers to breach the Australian political process.