Double standards inflame our dual citizenship crisis

The unravelling shambles that is the national debate over dual citizenship has become so counterintuitive and other-worldly that the party acting with the greatest consistency and integrity has been the Greens. This is perhaps the only pleasant surprise in the whole unseemly mess. When Greens senator Scott Ludlam confirmed his birthright included New Zealand citizenship, he deduced he was ineligible to sit in parliament and duly resigned. The High Court has since vindicated his judgment. Prompted by this, his colleague Larissa Waters went to her leader, Richard Di Natale, about concerns she could hold Canadian citizenship. Three days later she too resigned. Since then Senator Di Natale has called repeatedly for a full audit of the eligibility of all parliamentarians.

For months the major parties resisted; then, in the past week, they relented. Despite talks, Malcolm Turnbull and Bill Shorten have failed to agree on a process. As the haggling between the Prime Minister and Opposition Leader continues, Senator Di Natale is right to complain that if not for the “self-interest” of the two major parties a process could be defined and implemented “within a few days”.

That said, the Greens leader has become irresponsibly incendiary in his approach to this constitutional crisis. He refuses to rule out boycotting votes on bills or approaching the Governor-General, Sir Peter Cosgrove, to ask for parliament to be dissolved. Clearly, the Governor-General must act only on the advice of the Prime Minister, and our institutions deserve more respect than to be subjected to this sort of stirring. “We don’t know if the government has the numbers to govern,” Senator Di Natale blurted, even though he knew the opposite was true. The Coalition retains a majority in parliament and even if John Alexander, the member for Bennelong, resigns soon, the government would have 74 members in a chamber of 148. It also would have support from independent MP Cathy McGowan and the Nick Xenophon Team’s Rebekha Sharkie. If Ms Sharkie also is forced to quit, the government would hold an absolute majority in a chamber of 147, with Barnaby Joyce likely to be re-elected to bolster numbers after a week of sittings. It is a precarious situation but, on the maths, not much different to the slenderest majority on which the government has had to rely since last year’s election.

A focus on parliamentary numbers serves to highlight the duplicity of the Labor Party, which has maximised pressure on the Coalition and belatedly pushed for an audit while keeping secrets about its own suspect members.

Mr Shorten revealed his own renunciation papers only after prolonged pressure, but he continues to stand by while other members of his team refuse to release proof they have relinquished other citizenship rights. What is worse, the Opposition Leader knows his backbencher Justine Keay was a dual national at the time of the election last year but refuses to demand her resignation. Incredibly, the member for Braddon has admitted she deliberately delayed her renunciation until after the election so if her bid for parliament failed she could keep her British citizenship. Even former One Nation senator Malcolm Roberts, who began efforts to renounce British citizenship before the election, was disqualified by the High Court. Despite Ms Keay claiming to have favourable legal advice, her case appears clear cut and Mr Shorten should demand her resignation. That he refuses to do so is to treat the public with contempt. It betrays his duplicity because he is demanding the Coalition acts on its MPs. Three other Labor MPs, on current information, also should be referred to the High Court. Labor cannot be taken seriously on this issue while demanding standards from the government it won’t live up to itself. The opposition is refusing even to meet the ad hoc processes adopted by the Coalition so far. It defies logic to argue Mr Alexander should be referred to the High Court while Ms Keay should not.

It is incumbent on Mr Turnbull and Mr Shorten to sort this quickly. The onus must remain on complying with the Constitution, not amending it. Senator Di Natale, Mr Joyce and others have canvassed a referendum to amend section 44 and eliminate the requirement of sole citizenship for federal politicians. This, rightly, would likely be rejected by voters. Those who represent our nation must not have their allegiance compromised. In recent months we have seen revelations about strongarm tactics used by China over its nationals in Australia. We know our defence contractors are exempted from discrimination laws so they can refuse work to some nationalities on security grounds. Prime ministers and foreign ministers should not risk negotiating on behalf of Australia with other countries in which they also hold citizenship. Whether it was a staunch ally such as the US or a close neighbour such as Indonesia, the optics and potential conflicts would be intolerable. Australia’s Constitution will do us just fine. Compliance is the problem.