Dual-citizenship debacle catches up with Shorten

Labor’s citizen vetting process is under attack after Katy Gallagher admits she contested 2016 election as a dual citizen.

Labor senator Katy Gallagher. Picture Gary Ramage

Labor’s vaunted citizenship vetting process was under attack last night as Bill Shorten resisted moves to refer senior frontbencher Katy Gallagher to the High Court despite her admission to contesting last year’s election as a dual British citizen.

Senator Gallagher, manager of opposition business in the Senate, became the Opposition Leader’s first MP embroiled in the scandal, which is expected to capture more Labor politicians by the end of the week, following the publication of parliamentarians’ citizenship ­documents.

Nationals leader Barnaby Joyce labelled ­Mr Shorten a “total and utter unrepentant hypocrite” over the dual-­citizenship crisis after yesterday’s confirmation Senator Gallagher was British until two months after nomin­ations closed for the 2016 election.

The New England MP-elect — who was kicked out of parliament by the High Court alongside his deputy Fiona Nash following revelations they were New Zealand and British citizens respectively — said Mr Shorten had been exposed over his earlier claims that no Labor MPs would be caught up in the citizenship scandal.

In August, Mr Shorten said Labor had “strict” vetting pro­cesses and there was “no cloud over any of our people”.

Mr Joyce, who won back his NSW seat on Saturday in a crucial by-election for the government, declared Senator Gallagher’s status was proof Mr Shorten was “shifty”.

“Watch this guy, he’s shifty, you can’t trust him,” Mr Joyce told The Australian after addressing the Nationals partyroom as an escorted visitor. “He wouldn’t let me speak in the parliament (while Mr Joyce was under a citizenship cloud) — it was a disgrace, I wasn’t allowed to speak.

“And Katy Gallagher has been speaking all the time. You total and utter unrepentant hypocrite.”

 

Documents tabled in the upper house yesterday showed that ­Senator Gallagher did not cease being a British citizen until ­August 16 last year.

Labor’s lower house MP Justine Keay and the Nick Xenophon Team’s Rebekha Sharkie are expected to provide documentation by 9am today showing they were British when they nominated for parliament despite taking steps to renounce, potentially setting up a round of by-elections early next year. The government has singled out the MPs for referral and will target Labor’s Susan Lamb after she revealed last month her application to renounce British citizenship was refused by the UK Home Office because it could not determine her status from the documents provided.

Government sources said any referrals of lower or upper house MPs would likely happen on Thursday, the last scheduled sitting day of the year, but they did not confirm whether Senator Gallagher would be included.

The government ramped up pressure on Mr Shorten, saying Coalition MPs in doubt had ­resigned or been referred and he should follow suit with Senator Gallagher. The citizenship register for senators also revealed Labor’s Louise Pratt, Lisa Singh and Alex Gallacher, as well as Liberal Dean Smith and the Greens’ Nick McKim, had been dual citizens when they first nominated for parliament at previous elections. Only dual-citizenship cases relating to current Senate terms will be referred to the High Court.

Resources Minister Matt Canavan — who was deemed eligible to sit in parliament after the High Court said it was not satisfied he was an Italian citizen — launched an attack against Mr Shorten and Senator Gallagher, declaring the only body to finalise the matter was the High Court.

“Senator Gallagher’s position is much different than the other Labor MPs, Justine Keay and Susan Lamb,” Senator Canavan said. “Ms Gallagher was a senator when she became aware she was a British citizen and did nothing to tell the public or others about that position. She has sought to wilfully hide important details from the Australian public and then Bill Shorten is running a protection racket to try to stop her from going to the court just like others have who have been in similar ­situations.”

Mr Shorten has repeatedly talked up Labor’s vetting processes of candidates under section 44 of the Constitution, which prohibits dual citizens and entitlement to foreign citizenship, but last week he could not rule out his MPs being referred to the High Court.

Senator Gallagher began her renunciation process on April 20 but was informed on July 1, a day before the election, that the British government required more documents. Advice the senator obtained from immigration lawyer Adrian Berry, an expert in British nationality law, says “this request for specific forms of evidence was unnecessary” and she had already supplied what was needed when she sought renunciation in April.

A stamp of registration of her renunciation shows she ceased being British on August 16.

“I have acted, at all times, with the legal advice provided to me,” said Senator Gallagher, who was on leave yesterday.

“Based on all the advice I have available to me I do not believe that I should refer myself to the Court of Disputed Returns however ultimately that will be a matter for the Senate to determine.”

She argues she took “all reasonable steps” to renounce her British citizenship by beginning the renunciation process in April 2016 but constitutional lawyers are split over whether she could be disqualified by the High Court because this particular issue has not been tested.

Liberal frontbencher Arthur Sino­dinos sought to clarify his status after he referred to formal legal advice from the Greek government on his citizenship form but failed to provide documentation. He tweeted a letter from the Greek government confirming he was not a citizen, as well as providing The Australian with a copy.

Labor sources said ACT Liberal senator Zed Seselja was under a cloud after he said he did not gain citizenship from Croatia or the federal Republic of Yugoslavia but did not provide documentary proof. Senator Seselja said it was merely a distraction from Senator Gallagher’s status and Croatian President Kolinda Grabar-Kitarovic had confirmed to Malcolm Turnbull in August that he was not a dual citizen.