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Barnaby Joyce refers himself to high court over citizenship – politics live
Barnaby Joyce refers himself to high court over citizenship – politics live
(35 minutes later)
2.11am BST
02:11
Botswana no, what about New Zealand?
This was a bit of a joke question to @Barnaby_Joyce just 2 weeks ago on @TheTodayShow on whether he might have any citizenship doubts... pic.twitter.com/evZodV0aDy
2.05am BST
02:05
Anne Twomey on Barnaby
I also asked constitutional law professor at Sydney University Anne Twomey about a week ago. This is her opinion, with the appropriate caveats that she is not the NZ law expert:
The crucial question would be whether, at the time that Barnaby Joyce was born, his father was still a New Zealand citizen. If yes, then Barnaby Joyce would have obtained citizenship by descent, which would have been preserved by the 1977 act. If no, then he never obtained citizenship by descent.
Updated
at 2.10am BST
2.02am BST
02:02
George Williams on Barnaby
As I said earlier, I have been obsessing over this issue since the Greens senators took a dive a month ago.
I asked constitutional law professor at the University of NSW George Williams about it a couple of weeks ago and he said he was not an expert in NZ law but he made these points on 30 July:
What I can say is that a person may believe they are in the clear when they enter parliament but the law of a foreign nation can change down the track and render them a citizen, and so in breach of section 44 of the Australian constitution. It requires ongoing vigilance on the part of a member of parliament. Ignorance provides no excuse in these matters.
The Larissa Waters situation is a case in point, as it appears that a change in the law was what rendered her a citizen.
It is also to be recalled that section 44 disqualifies both where a person is a citizen of a foreign power, or whether they are ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’. The latter may be the case even where a person is not actually a citizen of the other country, but I should say that this is an area not yet elaborated upon by the high court.
Updated
at 2.11am BST
1.51am BST
01:51
Labor’s shadow infrastructure minister, Anthony Albanese, is doing a doorstop on marriage equality.
Given the breaking news regarding Barnaby, he says he was born to a single parent, which is on his birth certificate.
My circumstances ... are very clear and my birth certificate is very clear as well.
Then he gives Karen Middleton’s Albo biography a plug. His story is well known, he says. Labor has very strict processes in place, he says.
Updated
at 1.59am BST
1.46am BST
01:46
Barnaby Joyce, July, re throwing stones @ Greens over citizenship "You bet your life the stone will come back & hit you" #auspol @australian
1.43am BST
01:43
Why are people so cruel?
Dear New Zealand.This may be yours.Regards,Australia #auspol pic.twitter.com/Wjiax69CeD
1.42am BST
01:42
Never tweet. pic.twitter.com/AvqiWXo5oN
1.36am BST
1.36am BST
01:36
01:36
Bring out your dead
Bring out your dead
Dear Bill,
Dear Bill,
Feel free to nominate any Labor members or senators who might not have done their homework.
Feel free to nominate any Labor members or senators who might not have done their homework.
Love Mal.
Love Mal.
PM's letter to Bill Shorten over citizenship issues. pic.twitter.com/ihBluZQgU3
PM's letter to Bill Shorten over citizenship issues. pic.twitter.com/ihBluZQgU3
1.34am BST
1.34am BST
01:34
01:34
From the NZ government website on getting a NZ parliament:
From the NZ government website on getting NZ citizenship:
Who can get it
Who can get it
If you were born overseas and at least 1 of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship. You can order a passport at the same time by ticking a box on the form.
If you were born overseas and at least one of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship. You can order a passport at the same time by ticking a box on the form.
Updated
at 1.43am BST
1.32am BST
1.32am BST
01:32
01:32
Barnaby Joyce's full statement on citizenship
Barnaby Joyce's full statement on citizenship
Last Thursday afternoon, the New Zealand High Commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent.
Last Thursday afternoon, the New Zealand high commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent.
Needless to say, I was shocked about this. I’ve always been an Australian citizen born in Tamworth. Neither my or my parents had any reason to believe that I may be a citizen of any other country.
Needless to say, I was shocked about this. I’ve always been an Australian citizen born in Tamworth. Neither my or my parents had any reason to believe that I may be a citizen of any other country.
I was born in Australia in1967 to an Australian mother and I think I’m fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time.
I was born in Australia in 1967 to an Australian mother and I think I’m fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time.
The concept of New Zealand-Australian citizenship was not created until 1948. Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand Government has no record of registering me as a New Zealand citizen.
The concept of New Zealand-Australian citizenship was not created until 1948. Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand government has no record of registering me as a New Zealand citizen.
The government has taken legal advice from the Solicitor-General. On the basis of the Solicitor-General’s advice, they’re of the firm view that [I] will not be found to be disqualified by the operation of section 44.1 of the constitution of serving as a member for New England.
The government has taken legal advice from the solicitor general. On the basis of the solicitor general’s advice, they’re of the firm view that [I] will not be found to be disqualified by the operation of section 44.1 of the constitution of serving as a member for New England.
However, to provide clarification to this very important area of the law, for this and future Parliaments, I have asked the government to refer the matter in accordance with Section 376 of the Commonwealth electoral act to the High Court sitting as the Court of Disputed Returns.
However, to provide clarification to this very important area of the law, for this and future parliaments, I have asked the government to refer the matter in accordance with Section 376 of the Commonwealth Electoral Act to the high court sitting as the court of disputed returns.
Given the strength of the legal advice the government has received, the prime minister has asked that I remain deputy prime minister and continue my ministerial duties.
Given the strength of the legal advice the government has received, the prime minister has asked that I remain deputy prime minister and continue my ministerial duties.
1.22am BST
01:22
Barnaby Joyce will stay in parliament and in the deputy prime minister’s role while the case is heard. The government appears confident that Joyce is OK – which seems a little premature, given the twists and turns in this citizenship issue.
Updated
Updated
at 1.29am BST
at 1.44am BST
1.16am BST
01:16
The curious case of Barnaby Joyce's citizenship
As it turns out, I have been digging on this in the past few weeks and the government guidance was always that Joyce was OK on citizenship.
But I was advised otherwise by various sources and here is the nub of the issue.
I have been told the original versions of the Citizenship Act 1977 (NZ) provided for citizenship by descent to lapse if a birth overseas was not registered within a specified period.
However, I understand the lapsing provision was repealed after complaints, and citizenship restored to those whose citizenship had lapsed by amending acts passed in 2000 and 2001.
These are the various links for those citizen journos who want to pursue this.
Joyce’s spokesman said Joyce was not a dual citizen and had established that “many years prior to entering parliament”. (He entered parliament in the Senate in 2005.)
Joyce said his parents had never registered his birth and his citizenship by descent. In which case, it would have lapsed when he was a young man.
However, the amendments of 2000-01 would have restored his citizenship by descent with effect from the date his citizenship had originally lapsed. In other words, under current NZ citizenship law, it may be that he is and always has been a New Zealand citizen.
Updated
at 1.26am BST
1.08am BST
01:08
So Joyce will join the high court cases of One Nation senator Malcolm Roberts, former resources minister Matt Canavan and Greens senator Scott Ludlam and Larissa Waters.
1.05am BST
01:05
Barnaby Joyce has asked to refer his own citizenship to the high court
Deputy prime minister Joyce’s father was a citizen of New Zealand.
1.01am BST
01:01
"I have a relationship with my mates who I go cycling with on the weekend but I'm not married to them." - Kevin Andrews weighs in...
Andrews says he has affectionate relationships with friends but there's no law about friendship...
I’m so confused...
12.51am BST
00:51
Housekeeping is in order with parliament resuming at 10am.
In the Senate, we have government bills on a telecommunications regime “to better manage national security risks of espionage, sabotage and foreign interference, and better protect networks and the confidentiality of information stored on and carried across them from unauthorised interference and access”.
The bill to implement the effects test, the competition bill on the misuse of market power, is number two on the government’s list. That bill would strengthen legal protections for small businesses and farmers against abuse of market power by big businesses.
In the lower house, we have citizenship changes that toughen the English language test and the residency requirements.
Updated
at 12.53am BST
12.45am BST
00:45
The Australia Institute has done an interesting study on the gaps in federal corruption laws, apropos the case for a national corruption body.
The report finds:
There are significant gaps in the jurisdiction and investigative powers of the federal agencies responsible for scrutinising the public sector and government
No agency has the power to investigate corrupt conduct as defined by our state-based commissions
No agency can investigate misconduct of MPs, ministers or the judiciary
The only agencies that have strong investigative powers can only use them when investigating criminal charges
No agency holds regular public hearings, meaning that corruption and misconduct is not properly exposed to the public
To fill these gaps, a federal anti-corruption commission will need strong investigative powers and broad jurisdiction similar to NSW Icac and other successful state-based commissions.
The institute is holding a conference on this issue on Thursday, with a stellar line up, including former NSW Icac commissioner David Ipp, former NSW director of public prosecutions Nicholas Cowdery, counsel assisting NSW Icac Geoffrey Watson, shadow attorney general Mark Dreyfus, Greens leader Richard Di Natale, Senator Nick Xenophon, Senator Jacqui Lambie, professor George Williams, former independent national security legislation monitor Bret Walker, Noel Hutley, Law Council president Fiona McLeod, Anthony Whealy, associate professor Joo Cheong Tham, associate professor Gabrielle Appleby, and professor AJ Brown.
Updated
at 12.54am BST
12.30am BST
00:30
Sweet parliamentary business from Cormac Farrell, house bee wrangler.
This frame of #honey wasn't in there going into winter - all from our nation's Parliament! @Aust_Parliament @Aurecon @ANU_Bees pic.twitter.com/8951whtTkq
12.25am BST
00:25
Lee Rhiannon: Bob Brown is hurting the Greens with his attacks
Four Corners is doing an instalment on the Greens tonight, in which Bob Brown continues his sharp criticism of NSW Greens senator Lee Rhiannon.
It comes two months after the open rift in the national Greens over Rhiannon and her opposition to the party negotiating with the government over the Gonski 2 schools funding package.
Rhiannon has put out a statement about Brown’s claims she is a team wrecker, saying Brown is upset because the NSW party preferred candidates other than his own.
"Bob Brown accuses me of being a team wrecker": Statement from Greens Senator @leerhiannon #auspol pic.twitter.com/7JhzPHwhnv
Updated
at 12.26am BST
12.20am BST
00:20
Hipster no more.
The beard is dead. #auspol #shave https://t.co/QdKFFDEeud pic.twitter.com/zStK30wIiI
