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MPs and senators will be forced to declare citizenship status, Malcolm Turnbull says MPs and senators will be forced to declare citizenship status, Malcolm Turnbull says
(35 minutes later)
All MPs and senators will have to lodge declarations that they were not foreign citizens at the time of nomination in a new disclosure measure announced by Malcolm Turnbull to staunch the disruption of the government caused by the citizenship eligibility crisis.All MPs and senators will have to lodge declarations that they were not foreign citizens at the time of nomination in a new disclosure measure announced by Malcolm Turnbull to staunch the disruption of the government caused by the citizenship eligibility crisis.
Unveiling the plan in Canberra on Monday, Turnbull acknowledged the public’s “legitimate concern” that there is a lack of transparency over whether parliamentarians retain foreign citizenship, but said the cabinet had opted for this transparency measure instead of an audit.Unveiling the plan in Canberra on Monday, Turnbull acknowledged the public’s “legitimate concern” that there is a lack of transparency over whether parliamentarians retain foreign citizenship, but said the cabinet had opted for this transparency measure instead of an audit.
Current and future MPs and senators will be required to state the place and date of birth of themselves and their parents, and details of renunciation of foreign citizenship within 21 days of resolutions to be passed by the Senate and House of Representatives. Current and future MPs and senators will be required to state the place and date of birth of themselves and their parents, and details of renunciation of foreign citizenship within 21 days of resolutions to be passed by the Senate and House of Representatives or 21 days of being sworn in.
Turnbull said the system was not an audit because “there is no auditor” and stressed that only the high court could determine if a member of parliament was ineligible. Turnbull said the system was not an audit because “there is no auditor” and stressed that only the high court could determine if a member of parliament were ineligible.
The system mirrors parliamentarians’ disclosure of pecuniary interests, including public release of details disclosed. The system mirrors parliamentarians’ disclosure of pecuniary interests, including public release of their statements.
Turnbull warned incorrect or false statements would be “a serious breach of privilege”. He declined to nominate any specific penalty but said political consequences alone would be “very dramatic”, noting parliament could impose further penalties. Holding foreign citizenship would also cause MPs to be ejected from parliament. Turnbull warned incorrect or false statements would be “a serious breach of [parliamentary] privilege”. He declined to nominate any specific penalty but said political consequences alone would be “very dramatic” and noted parliament could impose further penalties. Holding foreign citizenship would also cause MPs to be ejected from parliament.
Turnbull said he had received advice from the federal director of the Liberal party that all its MPs and senators believed they were in compliance with section 44 of the constitution, which prohibits foreign citizens from sitting in parliament. MPs and senators will have to answer if they were citizens at the time of the nomination and declaration “to the best of their knowledge and belief”, although the high court has found that knowledge is not required to be in breach of section 44 of the constitution, which prohibits foreign citizens from sitting in parliament.
But he said there was “no question” that the high court’s decision in the citizenship seven case – which he described as “severe” and “literalist” – would result in “complex cases” where more parliamentarians may be found to be ineligible. Turnbull said the decision had created “real challenges” because it could be “very hard to know” if one is a foreign citizen given citizenship by descent.
Turnbull said there was “no question” that the high court’s decision in the citizenship seven case would result in “complex cases” where more parliamentarians may be found to be ineligible.
Turnbull said that every MP and senator had a continuing “personal obligation to ensure that they are in compliance with the constitution” and the declaration process would bring that obligation “squarely to the front of their mind”.
He suggested the disclosures might prompt some parliamentarians to resign if they discovered facts which suggested they were not eligible, or the parliament could refer them to the high court.
He stopped short of promising all people who were foreign citizens at the time of nomination would be referred, noting that in some instances, such as Iranian citizenship, the foreign country can refuse renunciation.
“But given the severity and ... the strict literal interpretation of the court’s decision ... if people are foreign citizens, unless there is a proviso of the kind described, then they should not be sitting in the parliament.”
Turnbull said he had received advice from the federal director of the Liberal party that all its MPs and senators believed they were in compliance with the constitution.
Turnbull’s plan is similar to Labor’s call for “universal disclosure”, which it first suggested on Friday. The prime minister said Bill Shorten’s suggestion was “rather confused” but said he would reach out to the leader of the opposition on Monday because the citizenship issue was “an issue for the whole parliament”.
Turnbull said he wanted the Senate to consider a resolution in the next sitting week, starting 13 November. The House of Representatives next sits on 27 November. If the resolutions passed immediately, declarations would be due in early and mid December.
Earlier the Greens leader, Richard Di Natale, said by now all parliamentarians should know where they, their parents and grandparents were born.
He called on the Coalition and Labor “to stop any MP being paid who is found to be a dual citizen from the moment of the high court decision”.
Di Natale said Labor should back “universal action” in addition to “universal disclosure”, reiterating Greens demands for a comprehensive audit of all senators and MPs.
On Monday the Australian Electoral Commission ran recounts to fill the vacancies created by the high court finding that Malcolm Roberts, Larissa Waters, Fiona Nash and Scott Ludlam were ineligible to sit in the Senate.On Monday the Australian Electoral Commission ran recounts to fill the vacancies created by the high court finding that Malcolm Roberts, Larissa Waters, Fiona Nash and Scott Ludlam were ineligible to sit in the Senate.
The recount is understood to have returned One Nation’s Fraser Anning, Green Andrew Bartlett, Liberal Hollie Hughes and Green Jordon Steele-John, who will be confirmed as the new senators by the high court on Friday and sworn in on Monday week.The recount is understood to have returned One Nation’s Fraser Anning, Green Andrew Bartlett, Liberal Hollie Hughes and Green Jordon Steele-John, who will be confirmed as the new senators by the high court on Friday and sworn in on Monday week.