Lessons of citizenship lost on parties, says Phil Cleary

An independent caught up in a 1990s dual citizenship fight has blasted MPs for having ‘scant regard’ for the lessons.

Phil Cleary. Picture: Angie Basdekis

A former independent candidate caught up in a 1990s High Court case ­examining the issue of dual citizenship for MPs has blasted the current crop of politicians for having “scant regard” for the court’s ruling on the Constitution.

Phil Cleary, who ran as an independent for the Victorian seat of Wills in a 1992 by-election, was disqualified by the High Court under section 44 (iv) of the Constitution for holding “an office of profit under the crown” because he worked as a public school teacher even though he was on leave without pay when elected on April 11.

The two candidates who polled below Mr Cleary — Labor’s Bill Kardamitsis and the Liberals’ John Delacretaz — were also disqualified because they were found to be dual citizens of Greece and Switzerland respectively.

Mr Cleary told The Australian the 1992 case should have set off alarm bells for the major parties and led to more thorough citizenship checks for parliamentary candidates. “I found it quite astound­ing that the members of major parties have shown such scant regard for that ruling by the High Court,” Mr Cleary said.

“It was a very prominent ruling ­because it came in the wake of an election of an independent, which is very rare, and it was a high-profile by-election in a seat previously held by the prime minister, Bob Hawke.

“I cannot believe that well-funded major parties can allow members to run for parliament without doing the due diligence.”

In the 1992 case, chief justice Anthony Mason and judges ­Michael McHugh and John Toohey found that Mr Kardamitsis and Mr Delacretaz had failed to take “reasonable steps” to relinquish their dual citizenships and were ineligible.

Judge William Deane offered a dissenting view. He argued that both men had done all they could to relinquish their dual citizenships and warned it would be “quite wrong” to interpret the Australian Constitution according to the various citizenship rules of foreign countries.

Mr Cleary yesterday took aim at Barnaby Joyce for not stepping down from cabinet despite his ­Nationals colleague Matt Canavan stepping aside as resources minister after discovering he was an Italian citizen.

“Given that he has been ­advised that he does hold New Zealand citizenship ... he should clearly step aside,” Mr Cleary said. “We’ve got people in the parliament who run the most belligerent nationalist ­arguments while being in contravention of the clause that deals with dual citizenship. That is ­bizarre.”

Mr Cleary also took aim at citizenship changes announced by Immigration Minister Peter Dutton in April that would rename the “pledge of commitment” the “pledge of allegiance”.

“Here you have a group of people who demand people swear ­allegiance to nationalism, but who have failed the fundamental test of dual citizenship,” he said.