Labor citizenship referrals to High Court ‘not hostile’: Pyne

With senators’ disclosure deadline 5pm, Pyne says Labor and crossbench MPs under citizenship cloud will be referred with or without their support.

Christopher Pyne.

Leader of the House Christopher Pyne says the Turnbull government will refer Labor and crossbench MPs under a citizenship cloud to the High Court with or without their support, but insists it’s not a “hostile move”.

All sides of politics are preparing for more MPs to be caught in the dual citizenship crisis next week as senators and members disclose any foreign nationality and evidence of the steps they took to renounce.

The deadline for senators’ disclosure statements is 5pm today — and will be published midday on Monday — while members have until 5pm Tuesday.

Mr Pyne said any referrals in the House of Representatives, where the government has lost its majority and commands 73 votes on the floor with Liberal Tony Smith presiding as Speaker, would be made on Thursday afternoon.

The government has singled out Labor members Justine Keay and Susan Lamb, as well as Nick Xenophon Team MP Rebekha Sharkie.

“If there is clear evidence, as there is with Justine Keay, Susan Lamb and potentially Rebekha Sharkie that they were citizens of another country when they nominated for the federal election, then it’s the government’s intention to refer them to the High Court with or without Labor’s concurrence,” Mr Pyne told Sky News.

“It’s important the Australian people have confidence that everyone sitting in the parliament is entitled to be there under the Australian Constitution.”

The opposition also has a hit list of Coalition MPs it dubs the “foreign five” — Julia Banks and Alex Hawke, who have faced questions over their Greek parents; Nola Marino, who has faced questions over her Italian husband; Tony Pasin, who has shown The Australian a document from the Italian consulate that states he was never an Italian citizen; and Ann Sudmalis, who has tweeted a UK Home Office document that says she was not British.

Ms Sharkie told The Australian she would not refer herself because she did not deem it necessary based on legal advice, but would “comply” if the majority of the House determined a number of members should have their eligibility tested.

“I don’t want this (referrals of MPs) to be partisan, it should be completely blind on which party you’re from. If there’s a question mark there is a question mark. I’m quite confident with the legal advice I received I did everything within my power,” she said.

The government is down two MPs in the lower house as former deputy prime minister Barnaby Joyce and former Liberal MP John Alexander, both victims of the dual citizenship fiasco, fight by-elections.

Mr Joyce is widely expected to win back his seat of New England tomorrow but it could take some time before he can be sworn-in as a member of parliament because he will have to wait for the writs to be returned.

Bill Shorten yesterday said he could not rule out Labor MPs being referred to the High Court but his party’s procedures were “demonstrably superior” to those of the Nationals.