Turnbull scotches referendum on section 44 to end dual-citizenship saga

Malcolm Turnbull is considering new measures to weed out dual ­citizens ahead of the ‘Super Saturday’ by-elections.

Malcolm Turnbull in Brisbane yesterday. Picture: AAP

Malcolm Turnbull is considering new measures to weed out dual ­citizens ahead of the “Super Saturday” by-elections but has strengthened his opposition to constitutional change after a parliamentary committee recommended a referendum to repeal or modify section 44.

The Australian understands the government could adopt a series of proposals canvassed in the report by the joint standing committee on electoral matters to tighten the testing around candidates to ensure they are not captured by section 44 of the constitution, which bans dual citizens from entering parliament.

Imposing greater integrity measures means the five by-­elections — four of which were triggered by the latest round of resignations under section 44 — could be delayed until July.

The measures being considered by government include a new requirement for all candidates to make a public disclosure of their family citizenship history when they nominate as well as any other information that may contravene section 44, including details of any bankruptcy, criminal convictions and Commonwealth contracts.

A proposal to limit the period during which an election outcome can be challenged because of a section 44 issue — a move aimed at restoring parliamentary stability — is also under consideration.

This would allow an election result to be challenged only within 40 days of the return of the writ. After that point, unless new information was uncovered or an individual’s circumstances changed, the issue could not be raised again during the life of the parliament.

While welcoming the report, the Prime Minster dismissed the prospect of going to a referendum and warned it would likely be defeated by the Australian people. Only eight out of a total of 44 referendums have succeeded.

“I have to say to you as someone who is not without experience in attempting to change the Constitution that I very much doubt whether Australians would support a change to the Constitution to allow people with dual nationalities to sit in the parliament,” Mr Turnbull 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”.

Mr Turnbull indicated the government would be pressing ahead with some of the changes proposed in the committee’s report after Special Minister of State ­Mathias Cormann argued they would be introduced before the looming by-elections.

Senator Cormann said the government intended to “move now to improve the existing candidate nomination process for elections”.

“We will consult swiftly with relevant stakeholders on proposed changes to give effect to the JSCEM recommendations on improvements to the nomination arrangements to ensure these improved processes will be in place for the upcoming by-elections,” he said.

Bill Shorten yesterday accused Mr Turnbull of dismissing the findings of the committee, chaired by West Australian Liberal senator Linda Reynolds, saying he was prepared to sit down with the Coalition to discuss the findings.

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