NewsBite

Citizenship saga decided by tie-breaker

THE fate of a group of MPs with a question mark hanging over their heads about their citizenship status has been decided by a tie-breaker.

Liz Burke, Megan Palin and Malcolm Farr
16 min read
December 6, 2017 - 5:59PM
MP Andrew Wallace 'shocked' by daughter's gay relationship

Live: SSM debate

IT’S day three of the debate and Canberra is getting closer to making a decision on same-sex marriage, which is expected to be legislated for by the end of the week.

But, there are still a few hurdles to jump before we reach the final vote tomorrow.

Up to 40 MPs are still to speak in the parliament and if any amendments are made to the bill it could further delay or even block it from passing.

We’ll keep you up to date with all of today’s developments.

5.30pm

Motion is “negatived”

It’s a tie with 73 votes to both.

The citizenship schemozzel this evening again defied united solution after the Speaker used his casting vote to quash a Labor motion.

He said that giving his vote to the No side was in accordance with the standing orders.

MP Tony Burke said he wanted to make it clear “before Twitter goes off” that Smith’s vote was consistent with every precedent and wasn’t about siding with the government for partisan lines.

The Opposition had proposed that four of its MPs, four Liberals and an independent be referred to the High Court.

The five crossbench members sided with Labor after powerful speeches by them urging bipartisan action.

One of them, MP for Mayor Rebekah Sharkie, agreed to be on the Labor list.

She told Parliament both sides of the aisle had to work together or “we will all hang individually if we don’t hang together”.

Speaker Tony Smith said because there was no further debate possible on that matter he would use his casting vote for the negative, ensuring its defeat.

It was standard procedure for a Speaker and Labor made clear it had no problems with Mr Smith’s move.

The citizenship discussion interrupted the same-sex marriage debate which then resumed and will continue tomorrow before ammemndments are dealt with.

But it is now clear at least two MPs will take their citizenship status to the High Court — Ms Sharkie and Labor’s David Feeney in Batman — and others could join them.

Tony Burke said Feeney’s matter was the only one before the House that could be legitimately referred to as a self-referral. Feeney will remain in parliament.

This means the High Court will consider the cases early next year and there could be by-elections in Victoria and South Australia in February or March.

The government can still attempt to individually refer MPs to the high court.

5 .20pm

Division called

A division has been called. The five crossbenchers have lined up with Labor, indicating it could be a tie. If that happens it will be up to Speaker Tony Smith to decide the outcome.

4.45pm

Labor moves motion to refer MPs to high court

Tony Burke has moved Labor’s motion to refer MPs to the high court over citizenship.

He said the only member who can be considered a self-referral is David Feeney who has asked to have his case referred to the high court. Prime minister Malcolm Turnbull said Labor was making the move for “no reason other than political advantage and recommended each referral be dealt with individually. Opposition leader Bill Shorten said Labor was “moving their resolution because Australians are fed up with parliament”. Christopher Pyne said that using Labor’s logic “we might as well recommend all of the 150 members of the House of Representatives to the High Court”.

4.15pm

Politician apologises for calling reporter a ‘maggot’

Labor politician Brian Mitchell has apologised in parliament for telling ABC reporter Matt Wordsworth to “go and do your research, maggot” in response to a questions regarding former dual citizen Justine Keay.

“Earlier today I saw some vision on ABC TV which included some heated words from myself to a press gallery journalist,” Mr Mitchell told parliament today.

“And I’ve spoken to Matt Wordsworth from the ABC and apologised for the encounter.

“I deeply respect the work that Mr Wordsworth and all of his colleagues do and they should be free to do it without fear or favour. Thank you.”

4.00pm

Rebekha Sharkie releases legal advice

3.15pm

One of nine MP’s cleared of dual citizenship

Liberal MP Nola Marino is not an Italian citizen, the embassy has confirmed in an official statement. The citizenship status of another eight MP’s remains in doubt.

3.00pm

Barnaby Joyce criticises suspected dual citizens

Barnaby Joyce has made a baffling statement about members remaining in the house who are suspected dual citizens but still voting despite there being questions over their eligibility. His comments come on his first day back in the job as deputy prime minister after he was forced to resign for also being a dual citizen. He will be sworn in as Deputy Prime Minister and Agriculture and Water Resources Minister, again, this afternoon after winning a by-election over the weekend.

“The only excuse they say is they haven’t got their paperwork back,” Joyce said.

“How does that work? Do you drive on a highway without a licence because you believe it is in the mail? I don’t think so. I don’t think so. Yet, these people will continue to vote. They will continue to vote. I can tell you one good thing — the people of New England gave you a vote. Eleven per cent is what they gave you.”

2.15pm

Harold Holt honoured

Former Australian prime minister Harold Holt has been honoured in parliament ahead of question time. Next week marks the 50th anniversary of his disappearance. Holt was presumed dead by drowning but his body was never found.

1.30pm

Labor seeks to refer nine MPs

Labor is preparing to refer nine federal MPs to the High Court over doubts about their citizenship status.

Manager of opposition business Tony Burke said that Labor, with support from the crossbench, plan to refer Labor’s David Feeney, Justine Keay, Josh Wilson and Susan Lamb, Liberal MPs Julia Banks, Jason Falinski, Alex Hawke, Nola Marino, and independent Rebekha Sharkie. Falinski has since released legal advice that he has never been a Polish or British citizen.

“This has to be resolved in a sensible way,” Mr Burke told parliament on Wednesday.

Meantime, the debate on the same-sex marriage bill has been suspended and will resume after question time later this afternoon.

1.00pm

MP rang Shorten about citizenship a week ago

Opposition Leader Bill Shorten accused Malcolm Turnbull of engaging in a “mass cover-up” about politicians’ citizenship details.

Mr Shorten made the accusation while admitting he had been made aware by Labor’s member for Batman, David Feeney, that he was missing documentation relating to his UK citizenship renunciation a week ago.

Mr Shorten said if Mr Feeney doesn't find the documents he needs in the next couple of days, he will be referred to the High Court.

He said all that Mr Feeney had done, was “been honest”.

Mr Shorten said some Coalition MPs hadn’t been as forthcoming as they should with their documentation, and asked the Prime Minister to consider demanding “full disclosure”.

“We can now see, that Malcolm Turnbull is engaging a mass cover up,” he said.

“There are many inadequate disclosures which raise more questions than provide answers.

“It is time to stop hiding, it is time to stop the mass cover-up

“Sadly, we cannot end this circus until Mr Turnbull and his MPs actually submit to full disclosure.”

Mr Shorten said Labor, and the people of Australia, want “the circus to end”.

“I say to Malcolm Turnbull, if your MPs have got nothing to hide, then show us and don’t rely on these disclosures,” he said.

12.45pm

Chester keeps it short and sweet

Thank you, Darren Chester.

The Nationals MP recorded what appears to be the quickest speech in the same-sex marriage debate so far.

“There’s no need for me to delay the parliament any further,” he told the parliament. “It’s time to get this done.”

Mr Chester thanked his electorate of Gippsland for voting Yes and said that he di das well, and would be supporting the bill.

His speech clocked in at about one minute, 20 second.

12.15pm

Welcome back, Barnaby

Nationals Leader Barnaby Joyce will be sworn in as Deputy Prime Minister and Agriculture and Water Resources Minister, again, this afternoon.

The Governor-General will carry out the swearing-in ceremony at Government House at 1.15pm, making his return to the floor of parliament in time for Wednesday’s question time.

Mr Joyce won Saturday’s by-election in his seat of New England after the High Court ruled in October he was a New Zealand citizen and therefore ineligible to sit as an MP. He has since renounced his New Zealand citizenship.

12.00pm

MP pledges to put forward amendments

Assistant Minister Michael Sukkar accused “very extreme elements of the Yes case” of harassment during the postal survey, as he foreshadowed amendments to the SSM bill.

He accused them of death threats and “countless” other menacing from “ a small minority”.

The Assistant Minister to the Treasurer said these people meant there had to be extra protections in the bill to protect “the religious feelings of all Australians ... Hindu, Sikh, Buddhist and Muslim as well as Christian.”

He called for tolerance for the five million Australians who voted No, and he called for “absolutely stringent” protections for them.

“Even if you think it’s unnecessary, for the avoidance of doubt” members should vote for the additional protections, he said.

Mr Sukkar is among conservatives who have pledged to put forward amendments that he says will protect freedom of speech, religious freedoms and parents’ rights.

He said the bill “must do everything it can” to support the promise that there would be “no further consequences” of allowing same-sex marriage for people wishing to maintain religious freedom.

11.30am

Brother’s confession changed everything

Matt Thistlethwaite admits he didn’t always support same-sex marriage nor did he even see the discrimination faced by the gay community.

Then in the late 1990s his brother Chris told him he was gay and everything changed.

“I saw this issue and other issues for the LGBTI community in a different way, through a different lens,” the Labor MP told parliament in support of the marriage amendment bill on Wednesday.

Mr Thistlethwaite said he began to see the discrimination, the breaches of human rights and the misery and unhappiness being put upon the community.

“I couldn’t understand how denying the right of two people who love each other the expression of that love through marriage could prevail in Australia and the effect that was having on our fellow Australians,” he said.

Matt Thistlethwaite admitted in his speech to parliament he wasn’t always a Yes supporter.
Matt Thistlethwaite admitted in his speech to parliament he wasn’t always a Yes supporter.

Mr Thistlethwaite was still in the minority when he changed his views but said the great thing over the last decade was watching the views of others around him shift too.

Feelings and sentiments have changed and advances have been made — mardi gras has transformed from an event where participants were shamed and outed to one of Sydney’s greatest events, he said.

“Australia has changed for the better over the course of the last decade on this issue and it’s now time the Australian parliament caught up with the Australian public and the rest of Australia and also changed for the better,” he said.

In Mr Thistlethwaite’s Kingsford-Smith electorate 35.9 per cent of voters voted No to marriage equality. Many, he said, told him they were doing so because of religious freedoms.

While he supports religious freedoms, including the rights of churches to refuse to solemnise same-sex marriages, he won’t support amendments to the bill, believing its current form provides the necessary protections.

— AAP

11.20am

It’s not about same-sex, it’s about two people

Cathy McGowan has used her speech in the same-sex marriage debate to say that for her, it’s not just about “same-sex”.

The independent member for Indi said she had been on a journey to understand that the debate is not just about marriage equality, but about “gender, and how we express gender in our community”.

Ms McGowan said she had come to understand some people’s gender definition was not restricted to just male or female, and that “there are a significant number of people in my community for whom ‘other’ is the appropriate box to tick” when it came to selecting gender on forms.

“For me, this legislation is not only about same-sex, it’s about two people, how every they define themselves,” she said. “My learning as I’ve moved through this, is it’s not up to me to do the definitions, it’s to respectfully ask the people who I’m talking to.”

Ms McGowan made the point during her speech that there was no non-gendered description for the terms nieces and nephews like cousins or siblings.

“Where’s the non-gendered description for children of your sisters or brothers? There’s not one,” she said.

10.35am

‘That moment will stay with me forever’

Labor MP Emma Husar has recalled the moment she stood with her son’s parents, a gay couple, under a giant "No” written in the sky during the early stages of the campaign leading up to the postal survey on same-sex marriage.

The member for Lindsay said she had been at her son’s basketball game when a skywriter wrote “Vote No” across Sydney’s sky in September following an official campaign launch.

Ms Husar said she was standing with a female same-sex couple whose son was playing with hers when the offensive skywriting became visible.

“Never have I felt more ashamed as a person, as when I stood with you and your boys under a giant No written in the sky. That moment will stay with me forever,” she said.

Labor MP Emma Husar has revealed the shame she felt standing under skywriting that read ‘Vote No’ with a gay couple at her son’s basketball game.
Labor MP Emma Husar has revealed the shame she felt standing under skywriting that read ‘Vote No’ with a gay couple at her son’s basketball game.

“Worse than that were the hurtful conversations that we overheard ... as always though, you handled it with grace and dignity.”

Ms Husar also reached out to the couples’ sons “who had to endure that in front of their peers”.

“I am so sorry,” she said.

The western Sydney thanked other gay couples who had been affected by the campaign and, concluded her speech quoting Macklemore: “No freedom ‘til we’re equal, damn right I support it.”

10.00am

MP ‘aghast’ at postal survey

In the House of Representatives, the same-sex marriage bill debate is under way.

Most MPs are using their time on the floor to speak in support of the bill that will allow same-sex couples to legally marry in Australia.

Labor MP Susan Templeton was one of those speaking in favour of the bill, but also took the opportunity to attack the government over forcing the postal survey on the public, and particularly on the LGBTI members of her electorate who it affected.

“I am still aghast that those opposite could shirk their responsibility as members of parliament under our Westminster system, and outsource their responsibilities,” she said. “But we had it, we won it, and now we’re here.”

Liberal MP Jason Falinski used his speech to share that he supported same-sex marriage, and religious freedom, but didn’t ask for amendments to be made tot he bill.

“My distinct preference is for this discussion to be dealt with holistically, rather than piecemeal in a bill designed to give expression to people’s voices by expanding the definition of marriage in law,” he said.

9.30am

Labor Senator off to the High Court

Parliamentary proceedings have started with a bang this morning.

Labor Senator Katy Gallagher has asked for the Senate to refer her to the High Court over her citizenship status.

Addressing the Senate, Senator Gallagher insisted she had no citizenship problems as the government prepared to refer her case to the High Court.

“I can assure the Senate that at no time have I received any advice to say that I am ineligible to sit as a senator in the 45th Parliament,” Senator Gallagher said.

“I have acted at all times on information from the British High Commission, the British Home Office and the legal advice given to me. I can confirm again that I have no evidence or advice before me that would indicate a problem with my eligibility.

“Over the past few days, there have been reports that I, or Labor, were refusing to refer my case to the High Court. I have previously stated that I do not think there is a basis to refer my eligibility to the High Court for determination. I stand by that position.

“I have also said the referral would ultimately be a matter for the Senate. I stand by that position too. This is as it should be. It is, however, clear to me that the government have decided I should be referred, despite having full access to all of my legal advice and expert reports for the past two days.”

Senator Katy Gallagher becomes the first Labor politician to be referred to the High Court over citizenship status. Picture: Lukas Coch/AAP
Senator Katy Gallagher becomes the first Labor politician to be referred to the High Court over citizenship status. Picture: Lukas Coch/AAP

Senator Gallagher, representing the ACT, said she had not been provided information or legal advice from the government justifying a referral.

Senator Gallagher said she would stand aside from her frontbench roles.

In referring Senator Gallagher, Labor Senator Penny Wong said the only way to put an end to the “attacks” on her colleague, was to have the issue handled by the High Court.

Attorney-General George Brandis said the government would support the referral.

Meanwhile, in the House of Representatives, MPs have already begun their speeches.

9.00am

Husic urges colleagues to ‘calm the farm’

Muslim Labor MP Ed Husic condemns his party’s pursuit of Jewish Liberal Josh Frydenberg on citizenship grounds.

Mr Frydenberg’s mother — whom Mr Husic has met — was a stateless victim of Nazi persecution and Mr Husic has urged his colleagues to “calm the farm” before continuing the challenge of the Energy Minister’s citizenship.

He told Sky News it was a product of the “delightfully feral state of Australian politics right now”.

8.45am

Potential dual citizens ‘hiding in plain sight’

The citizenship mess is the other hot topics plaguing parliament this week.

Disclosure documents from MPs were tabled in parliament yesterday exposing a number of new potential dual citizens.

The coalition has at least four lower house Labor MPs in its sights — David Feeney, Justine Keay, Susan Lamb and Josh Wilson — alongside Senator Katy Gallagher.

Mr Feeney says he will ask to be referred to the High Court on Thursday if documents relating to his UK citizenship renunciation can’t be found in time, potentially triggering a by-election in his Victorian seat of Batman

Ms Keay, whose father was born in the UK, received confirmation she had renounced her citizenship on July 8, 2016, six days after the 2016 federal election.

Ms Lamb, whose father was born in Scotland, filled out her renunciation form on May 24, 2016.

However, on August 10, 2016, the British bureaucracy told her: “We cannot be satisfied from the documents available that you hold British citizenship. The application has therefore been refused.”

Mr Wilson, who was born in London, completed his renunciation form on May 12, 2016.

However, the date of the UK Home Office letter confirming renunciation was June 24, well after the close of nominations for the 2016 election.

Attorney-General George Brandis has accused Labor MPs of “trying to hide in plain sight over the last couple of months while this saga has been brewing”, and said he believes no more government MPs have citizenship issues.

But Labor is casting doubt on coalition MPs Jason Falinski, Ross Vasta, Nola Marino, Julia Banks, Alex Hawke, Michael McCormack and potentially cabinet minister Josh Frydenberg and Senator Arthur Sinodinos.

8.30am

Bill ‘won’t pass’ if changes are demanded

Labor has warned that changing a bill to legalise same-sex marriage at this stage of the process will likely doom its passage through parliament. Frontbencher Tony Burke told MPs that if there is a dispute between what the Lower and Upper Houses agree to, there is a real chance the changes could be stalled.

A number of government conservatives, as well as the Greens, have indicated they will be introducing amendments before the legislation gets to a final vote. “If we get to the end of this year ... and we still don’t get it done, the Australian people will have every right to be deeply frustrated and sick to death of this place,” Mr Burke said on Tuesday, day two of debate on the legislation.

“There will be some amendments that will have a level merit, but to contemplate this not getting done is truly unthinkable.”

Cabinet minister Peter Dutton has already conceded it will be “near impossible” to pass any of them, given the numbers in the House of Representatives.

Other MPs have argued the bill has been rushed, and there has not been enough debate.

Liberal backbencher Ian Goodenough thinks the impact of the legislation on the budget has not been fully assessed and will have consequences on Australia’s finances. “There has not been sufficient debate about the consequential costs to society of making this change,” Mr Goodenough said. “Ultimately it’s the taxpayers of Australia which will bear the cost.” Regardless, he will be voting “yes” in line with the voting majority of its electorate.

8.00am

MP ‘shocked’ to learn daughter was gay

The same-sex marriage debate in federal parliament has so far been a revealing exercise in discovering the human side of our political representatives.

Rather than coming across as an excruciating delaying tactic, the 10 to 20-minute speeches to the House of Representatives that precede the vote everyone is waiting for, have been eye-opening and at times emotional.

Liberal MP Andrew Wallace yesterday revealed the reason he slowly changed his mind about same-sex marriage, when he discovered his daughter, Caroline, was gay.

The Queensland backbencher is a committed Catholic who goes to church most Sundays and even joined a monastery as a teenager.

Andrew Wallace with his family, daughter Caroline centre. Picture: Facebook
Andrew Wallace with his family, daughter Caroline centre. Picture: Facebook

“About three years ago our daughter told my wife and I that she was attracted to women — that she had a girlfriend,” Mr Wallace told parliament on Tuesday.

“My wife and I were shocked. Probably more me than my wife. I didn’t know what to say.”

Mr Wallace believed the Church’s teaching that marriage was between a man and a woman, and that homosexuality went against that.

“How could this be happening to me, to our family?” he asked.

Mr Wallace said Caroline struggled with mental illness and eating disorders throughout her teens, and he realised her “internal conflict” must have exacerbated her mental state. But he said she was now in a much healthier and happier place.

“She has a terrific job and a wonderful partner who our family love very much,” he said.

“She said, ‘Dad, in the years to come, my generation will look back and judge your generation about how you deal with the issue of homosexuality in the same way your generation considered your parents’ generation in the way they dealt with our indigenous people.’”

Andrew Wallace was ‘shocked’ when his daughter told him she was gay
Andrew Wallace was ‘shocked’ when his daughter told him she was gay

Speeches to the House of Representatives have also included Labor frontbencher Linda Burney’s heart-rending mention of her son Binni, 33, who died in October and was gay.

“I have seen first-hand the confusion, anxiety and pain that many of our young people experience struggling with their sexuality,” she said.

Up to 30 MPs are expected to take the floor and have their say in parliament before a vote can get underway.

Despite the tight time frame, the bill is expected to pass before parliament rises on Thursday.

Add your comment to this story

To join the conversation, please Don't have an account? Register

Join the conversation, you are commenting as Logout

More related stories

Original URL: https://www.news.com.au/national/politics/live-day-three-of-the-samesex-marriage-debate/news-story/ee87998cfb27e5891f8608adbd7cb017