Two more Labor MPs face questions over their citizenship

Constitutional experts warn the fallout from the citizenship crisis isn’t over, amid fresh questions over the status of two Labor MPs.

Labor MP Emma Husar. Picture: Tim Hunter

Constitutional experts have warned that the fallout from parliament’s citizenship crisis isn’t over, amid fresh questions over the status of two Labor MPs — Emma Husar and Emma McBride.

Parliament’s citizenship register shows both MPs sought to renounce foreign citizenship, but no evidence is provided that their ­applications were received or acted upon.

Constitutional lawyer George Williams predicted “chaos” at the next election, especially if the result was close, as candidates and political parties challenged opponents on the basis of alleged dual citizenship.

The major political parties have ramped-up their vetting of candidates in the wake of the citizenship crisis, which this week claimed a further five MPs. Particular scrutiny will fall on current MPs whose citizenship register declarations appear incomplete.

Professor Williams, the dean of law at the University of NSW, said there would be “great scope for litigation and mischief-making” under section 44 of the Constitution, with election results challenged on the grounds of alleged dual citizenship.

“We are talking about large numbers of people, many of whom will not have the capacity to do any vetting,” he said. “A lot of sloppiness is going to be involved, and I do not have any doubt that there will be large numbers of candidates at the next election who are ineligible to run.”

Ms Husar, the member for the marginal Western Sydney seat of Lindsay, sent a letter to the Polish consul-general on May 24, 2016, acknowledging she may have ­acquired Polish citizenship through her paternal grandfather. In the letter, sent 16 days before the close of nominations for the 2016 election, she renounces “all allegiance, obedience or adherence to Poland, and renounce Polish citizenship”.

However, there is no evidence provided from the Polish government acknowledging receipt of the letter, or confirmation of the renunciation of her citizenship.

Ms McBride, the member for the marginal NSW seat of Dobell, posted a signed “Declaration of Alienage” form renouncing her Irish citizenship, dated August 9, 2013 — days before the close of nominations for the 2013 election.

Her entry states that “Pursuant to Section 21 of the Irish Nat­ionality and Citizenship Act 1956, my Irish citizenship automatically ended upon lodgement of the Declaration of Alienage”.

There is no confirmation provided from the Irish government that the form was lodged.

The High Court ruled this week that former Labor senator Katy Gallagher had been ineligible under section 44 of the Constitution to stand in the 2016 election because she was also a British citizen at the time of nomination. Labor MPs Susan Lamb, Justine Keay and Josh Wilson and Centre Alliance MP Rebekha Sharkie resigned following the verdict, acknowledging their circumstances were the same as Ms Gallagher’s. The ruling and subsequent resignations have set up a “Super Saturday” of by-elections.