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| Skye Kakoschke-Moore: NXT senator resigns over dual citizenship | Skye Kakoschke-Moore: NXT senator resigns over dual citizenship |
| (10 days later) | |
| The Nick Xenophon Team senator Skye Kakoschke-Moore will resign from the Senate because she has dual British citizenship by descent through her mother. | The Nick Xenophon Team senator Skye Kakoschke-Moore will resign from the Senate because she has dual British citizenship by descent through her mother. |
| At a press conference in Adelaide on Wednesday, Kakoschke-Moore announced she had received advice from the UK Home Office on Friday, confirmed by a specialist barrister, that she had received British citizenship from her mother, who was born in Singapore in 1957. | At a press conference in Adelaide on Wednesday, Kakoschke-Moore announced she had received advice from the UK Home Office on Friday, confirmed by a specialist barrister, that she had received British citizenship from her mother, who was born in Singapore in 1957. |
| Kakoschke-Moore had always believed she was not British because her father had received advice from the British embassy in Oman she was not eligible for citizenship when she was 12. | Kakoschke-Moore had always believed she was not British because her father had received advice from the British embassy in Oman she was not eligible for citizenship when she was 12. |
| She said she was “heartbroken” to discover she was British, which she described as “extremely surprising” because she “had no reason to believe I was a British citizen until that point”. | She said she was “heartbroken” to discover she was British, which she described as “extremely surprising” because she “had no reason to believe I was a British citizen until that point”. |
| Kakoschke-Moore explained that her mother was born in Singapore, a former British colony, which gave her “citizenship of the United Kingdom and colonies” and became a British citizen in 1983 when the British Nationality Act came into effect. | Kakoschke-Moore explained that her mother was born in Singapore, a former British colony, which gave her “citizenship of the United Kingdom and colonies” and became a British citizen in 1983 when the British Nationality Act came into effect. |
| Kakoschke-Moore, born in Darwin in 1985, then gained that citizenship by descent. | Kakoschke-Moore, born in Darwin in 1985, then gained that citizenship by descent. |
| Kakoschke-Moore said she would request the matter be referred to the high court to determine how the vacancy would be filled, adding she would “continue to run” for the NXT and “at this stage” her ambition was to come back to the Senate. | Kakoschke-Moore said she would request the matter be referred to the high court to determine how the vacancy would be filled, adding she would “continue to run” for the NXT and “at this stage” her ambition was to come back to the Senate. |
| A recount of the 2016 Senate election would likely elect the NXT candidate Tim Storrer, who unsuccessfully attempted to replace Xenophon in the Senate by challenging the party’s chosen successor. | A recount of the 2016 Senate election would likely elect the NXT candidate Tim Storrer, who unsuccessfully attempted to replace Xenophon in the Senate by challenging the party’s chosen successor. |
| Xenophon said he and his colleagues were “devastated” by the loss of Kakoschke-Moore from the Senate, but predicted it was “not the end of her political career”. | Xenophon said he and his colleagues were “devastated” by the loss of Kakoschke-Moore from the Senate, but predicted it was “not the end of her political career”. |
| Xenophon said the party had preliminary legal advice the position may not be filled by a recount, claiming the situation was “uncharted legal territory” because of the high court’s recent decision involving Hollie Hughes. | Xenophon said the party had preliminary legal advice the position may not be filled by a recount, claiming the situation was “uncharted legal territory” because of the high court’s recent decision involving Hollie Hughes. |
| Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. | Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. |
| That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. Unlike Ludlam and Waters, most of those whose dual citizenship was called into question did not immediately quit. | That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. Unlike Ludlam and Waters, most of those whose dual citizenship was called into question did not immediately quit. |
| By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. | By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. |
| The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce, who has renounced his New Zealand citizenship, is standing again. | The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce, who has renounced his New Zealand citizenship, is standing again. |
| After the court ruling the president of the Senate (equivalent to the Speaker in the lower house), the Liberal Stephen Parry, also resigned on dual citizenship grounds. The shaky majority of the governing Liberal/National coalition was further threatened when MP John Alexander quit, triggering a byelection on 16 December in his Sydney seat of Bennelong. The independent Tasmanian senator Jacqui Lambie became the next casualty, and the government threatened to refer opposition Labor MPs to the high court. NXT senator Skye Kakoschke-Moore soon followed. | |
| The loss of the two lower house MPs cost the government its majority, pending the outcome of the byelections. The government has agreed with Labor that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum, which have a poor record of success. More likely, future representatives will have to abide by the strict interpretation of the high court. | The loss of the two lower house MPs cost the government its majority, pending the outcome of the byelections. The government has agreed with Labor that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum, which have a poor record of success. More likely, future representatives will have to abide by the strict interpretation of the high court. |
| Xenophon clarified that he was not suggesting that Storrer had an office of profit under the crown, as in the case of Hughes, but rather there was “an issue about him not being a member of the party” for some of the time since the 2016 election. | Xenophon clarified that he was not suggesting that Storrer had an office of profit under the crown, as in the case of Hughes, but rather there was “an issue about him not being a member of the party” for some of the time since the 2016 election. |
| Section 44(1) of the constitution prohibits citizens or subjects of a foreign power from sitting in parliament. | Section 44(1) of the constitution prohibits citizens or subjects of a foreign power from sitting in parliament. |
| Kakoschke-Moore is the third Nick Xenophon Team member to be caught up in the citizenship crisis. Xenophon was referred to the high court but cleared of having a section 44(1) disqualification and MP Rebekha Sharkie may be referred to the court because the renunciation of her British citizenship was not effective until after the nomination date for the 2016 election. | Kakoschke-Moore is the third Nick Xenophon Team member to be caught up in the citizenship crisis. Xenophon was referred to the high court but cleared of having a section 44(1) disqualification and MP Rebekha Sharkie may be referred to the court because the renunciation of her British citizenship was not effective until after the nomination date for the 2016 election. |
| Kakoschke-Moore joins Barnaby Joyce, Fiona Nash, Malcolm Roberts, Larissa Waters, Scott Ludlam, Stephen Parry, John Alexander and Jacqui Lambie as the ninth parliamentarian to be disqualified for foreign citizenship. | Kakoschke-Moore joins Barnaby Joyce, Fiona Nash, Malcolm Roberts, Larissa Waters, Scott Ludlam, Stephen Parry, John Alexander and Jacqui Lambie as the ninth parliamentarian to be disqualified for foreign citizenship. |
| Asked what the citizenship issues demonstrated about NXT’s processes, Xenophon said voters would see that section 44 had “a much broader scope than anyone could have anticipated” and many parties including cabinet ministers had been caught out. | Asked what the citizenship issues demonstrated about NXT’s processes, Xenophon said voters would see that section 44 had “a much broader scope than anyone could have anticipated” and many parties including cabinet ministers had been caught out. |
| Xenophon acknowledged Sharkie may be referred to the high court but said she was in a “very strong position” because she had taken reasonable steps to renounce her British citizenship on 19 April, 2016. | Xenophon acknowledged Sharkie may be referred to the high court but said she was in a “very strong position” because she had taken reasonable steps to renounce her British citizenship on 19 April, 2016. |
| The revelation comes ahead of a new requirement for MPs and senators to disclose their foreign citizenship and steps taken to renounce it, agreed between the Coalition and Labor. | The revelation comes ahead of a new requirement for MPs and senators to disclose their foreign citizenship and steps taken to renounce it, agreed between the Coalition and Labor. |
| Senators will have to make disclosures by 1 December while MPs will have until 5 December, because the Turnbull government cancelled a week of lower house sittings. | Senators will have to make disclosures by 1 December while MPs will have until 5 December, because the Turnbull government cancelled a week of lower house sittings. |