Dual citizenship: Four MPs join Katy Gallagher and quit parliament

FOUR federal parliamentarians have handed in their resignations after a High Court decision over Labor Senator Katy Gallagher’s dual citizenship.

FOUR more federal MPs have resigned their seats in parliament following a High Court ruling disqualifying Labor Senator Katy Gallagher.

The flurry of resignations will prompt an expensive, unsettling and prolonged season of elections from individual seats to a national ballot as the citizenship scandal continues.

That’s the consequence of the High Court decision today that Labor’s Katy Gallagher had to quit the Senate because she was a dual citizen when elected, breaching eligibility rules in the Constitution.

Four MPs — three Labor members of the House of Representatives and a minor party MP — followed Senator Gallagher out of Parliament today.

Backbenchers Susan Lamb, Justine Keay and Josh Wilson delivered resignation speeches in the lower house on Wednesday afternoon, surrounded by party colleagues.

All have indicated they’ll contest their seats in by-elections.

South Australian crossbencher Rebekha Sharkie also resigned after the High Court decision, setting up a by-election for the South Australian seat of Mayo.

In a separate matter, Labor’s MP for Perth Tim Hammond will cause a by-election in his seat because he is resigning to spend more time with his family.

It sets the scene for five by-elections will drain the coffers of the major parties when they are saving up for bigger contests.

But it could mean the Liberals will regain the South Australian seat of Mayor, expected to be contested by Georgina Downer, daughter of the previous Liberal member Alexander Downer.

And there might even be a referendum.

There is a growing argument the restrictions are unworkable in a multicultural nation and the Constitution should be changed, which can only be done by a referendum.

The counter argument is that election candidates have a clear and manageable obligation to sort out citizenship matters and should be penalised if they don’t.

Further, Victoria will have a state election before the end of the year and NSW next March. And Prime Minister Malcolm Turnbull today repeated he wanted to call a general election in the first half of 2019.

Labor backbench MP Susan Lamb. Picture: AAP Image/Lukas Coch

Justine Keay.

The by-elections will be tests of voter sentiment following the Budget and the competing tax plans of the Government and the Opposition.

Attorney-General Christian Porter today told reporters the decision was a “crisp and crystal clear clarification of the law”.

“That, if a person is a dual citizen of another country after the date of close of nominations, then that person is ineligible to sit in the common Wealth parliament,” he said.

“And those four (Labor) people must resign. They must resign today. (Opposition Leader) Bill Shorten must require the resignation of those three Labor members today, and that must occur before close of business today,” Mr Porter said.

The Government also made clear it will accuse Labor of prolonging the constitutional issue.

Defence Industries Minister Christopher Pyne said when Government members were suspected of constitutional breaches they resigned from Parliament of ministries — Barnaby Joyce, John Alexander, Stephen Parry Fiona Nash, Matt Canavan.

“By contrast, on the Labor side, when Bill Shorten was faced with similar issues, he circled the wagons, behaved like a trade union leader trying to avoid accountability and transparency, and today we’ve seen the outcome of that, where three of his members have been ruled ineligible, in effect, by the decision, this unambiguous decision, of the High Court,” Mr Pyne told reporters.

He said referring the Labor trio to the High Court would take up more time and money and that Mr Shorten should “do the right thing”.

“The idea that this leaves any room for manoeuvre on the Labor side is quite frankly laughable,” he said.

Katy Gallagher Facebook post about citizenship status.

Katy Gallagher accepted the decision.

“Today the High Court sitting as the Court of Disputed Returns has ruled that I am ineligible to sit as a Senator in the Australian Parliament,” she said in a statement.

“I have always performed my duties to the ACT community with honesty, integrity and a desire to make Canberra and Australia a better place for all of us.

“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.”