Citizenship saga: Push for referendum to change Section 44 of the Australian constitution

MORE citizenship scandals will be “inevitable” unless the Australian constitution is changed. But Malcolm Turnbull has rejected a call for a referendum to fix it. VOTE, HAVE YOUR SAY

MORE citizenship scandals will be “inevitable” unless an “increasingly undemocratic” section of the Australian constitution is changed, according to a Parliamentary Committee that has recommended a referendum to end the fiasco.

It comes after the total number of MPs caught in the current dual-citizenship crisis reached 15 last week, with the dramatic mass resignations of four MPs triggering by-elections across the nation.

The Turnbull Government has already rejected the call for a referendum “at this time”, however, instead choosing to implement a new system forcing potential politicians to prove they aren’t dual citizens before they nominate.

“We don’t have time to deal with a referendum between now and the next election, let alone the by-elections,” Prime Minister Malcolm Turnbull said today.

The Turnbull Government has already rejected the call for a referendum “at this time”. Picture: AP Photo/Michael Sohn

Mr Turnbull also downplayed the likelihood of a public vote after the election.

“I very much doubt whether Australians would support a change to the Constitution to allow people with dual nationality to sit in the parliament,” he said.

“What we have to do is focus on the Constitution as it is written — that’s the law of the land — as it is interpreted by the High Court, and we have to make sure that everybody complies with it.

“What that means, in practical terms, is before you nominate for Parliament, make sure you are not a citizen of another country.”

Speaking in Queensland today where the Coalition will soon fight to claim the seat of Longman at a by-election triggered by the citizenship saga, Mr Turnbull also took as swipe at the former Labor Member for Longman Susan Lamb for not resigning until last week.

The PM is campaigning in Queensland without the LNP’s candidate for Longman however, as the party has yet to select someone.

Two potential candidates vying for preselection had to deal with citizenship issues of their own before they could nominate, The Courier-Mail reported today.

In a press conference in Perth, Labor leader Bill Shorten hasn’t ruled out the suggestion of a referendum but said there are “greater priorities” that need to be amended to modernise our constitution “like including our First Australians and indeed having an Australian head of State”.

“I think it is important that we don’t simply dismiss this unanimous report, chaired by Linda Reynolds, a West Australian Liberal Senator and just simply swipe it off and ignore it like Mr Turnbull’s just done,” he said.

Mr Shorten said he was open to discussing the matter with the Turnbull government.

“I’m prepared to sit down and talk with the Liberals to see how we can improve the processes because 44 has proved to be very complex and I think a lot of Australians are frustrated by the outcomes.”

Earlier today, the Joint Standing Committee on Electoral Matters recommended the government propose a referendum to either alter or repeal Section 44.

Launching the Committee’s report today, Liberal Senator Linda Reynolds said the section was becoming increasingly undemocratic and future referrals to the High Court would be inevitable unless it was changed.

“Twenty years of Parliamentary Committee reports and a Constitutional Convention have all predicted that without constitutional reform to parts or all of Section 44, challenges would occur to otherwise qualified and validly elected Members of Parliament,” Senator Reynolds said.

Liberal Senator Linda Reynolds said section 44 of the constitution is becoming increasingly undemocratic. Picture: AAP Image/Mick Tsikas

Addressing the need for a referendum, the senator said the Committee made no judgment on the dual citizenship issue itself.

But the question of whether or not the rule met contemporary Australian expectations was “a different matter altogether and is one for Australians to ultimately determine,” she said.

“We believe that issue is one for Australians to consider as part of a wider debate on qualities we want in our candidates when they stand for election and for those who are elected to Parliament,” she said.

The Committee further suggested that if a referendum did not pass, or even proceed, that the Australian Government consider strategies to mitigate the impact of section 44.

It also recommended Government consider the implications of its report ahead of five upcoming be-elections.

Shortly after the report’s released, Finance Minister Mathias Cormann said that, instead of a referendum, the government would launch a new system to force MPs to provide proof of their citizenship status before they nominated.

Candidates would have to provide any documents that showed they had renounced foreign citizenship.

Defending the decision not to proceed with a referendum, Senator Cormann said successful Constitutional change was “challenging” and making the case for it would “take more time than is available prior to the next general election”.

Under new measures to prevent future Section 44 issues, candidates would also have to provide information about any other factors that may disqualify them such as criminal convictions or business interests.

“Increasing the transparency of information relevant to the status of candidates for elected office under section 44 of the Constitution is an important step in restoring the confidence of the public in our democratic processes,” Senator Cormann said.

Originally published as Citizenship saga: Push for referendum to change Section 44 of the Australian constitution