This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/feb/09/coalition-wont-force-susan-lambs-referral-to-high-court-for-now
The article has changed 6 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Coalition won’t force Susan Lamb’s referral to high court – for now | Coalition won’t force Susan Lamb’s referral to high court – for now |
| (11 days later) | |
| The government is easing the pressure to refer Labor MP Susan Lamb to the high court over her citizenship – the prime minister has signalled to colleagues that the forced referral threat is, for now, off the table. | The government is easing the pressure to refer Labor MP Susan Lamb to the high court over her citizenship – the prime minister has signalled to colleagues that the forced referral threat is, for now, off the table. |
| Malcolm Turnbull has not ruled out returning to the so-called “nuclear option”, where the government would use its numbers in the lower house to refer Lamb to the court without Labor’s co-operation, in the future. | Malcolm Turnbull has not ruled out returning to the so-called “nuclear option”, where the government would use its numbers in the lower house to refer Lamb to the court without Labor’s co-operation, in the future. |
| The leader of the house, Christopher Pyne, had publicly confirmed before parliament resumed for 2018 that the government was considering forcing Lamb’s referral to the high court. | The leader of the house, Christopher Pyne, had publicly confirmed before parliament resumed for 2018 that the government was considering forcing Lamb’s referral to the high court. |
| However, after discussions with colleagues – with an interest in the Coalition’s electoral fortunes in Queensland, where a Liberal win in Lamb’s marginal seat of Longman is by no means guaranteed – Turnbull has privately indicated the government will not be pursuing a forced referral. | However, after discussions with colleagues – with an interest in the Coalition’s electoral fortunes in Queensland, where a Liberal win in Lamb’s marginal seat of Longman is by no means guaranteed – Turnbull has privately indicated the government will not be pursuing a forced referral. |
| Instead, it intends to maintain the pressure on Bill Shorten to refer the MP himself, the narrative shaped around it being a “test” for the Labor leader. | Instead, it intends to maintain the pressure on Bill Shorten to refer the MP himself, the narrative shaped around it being a “test” for the Labor leader. |
| Sources familiar with the prime minister’s thinking said an electoral loss in Longman could potentially cause internal problems, with Queensland Coalition MPs already nervous about their re-election prospects. | Sources familiar with the prime minister’s thinking said an electoral loss in Longman could potentially cause internal problems, with Queensland Coalition MPs already nervous about their re-election prospects. |
| There are also concerns that public sympathy in the electorate would increase Lamb’s margin in the seat, which she now holds by less than 1 per cent. | There are also concerns that public sympathy in the electorate would increase Lamb’s margin in the seat, which she now holds by less than 1 per cent. |
| Lamb delivered an emotional speech to parliament on Wednesday, where she explained that the estrangement from her mother, who left her when she was six-years-old, and the death of her father, meant she was unable to provide her parents’ marriage certificate, when renouncing her British citizenship by descent. | Lamb delivered an emotional speech to parliament on Wednesday, where she explained that the estrangement from her mother, who left her when she was six-years-old, and the death of her father, meant she was unable to provide her parents’ marriage certificate, when renouncing her British citizenship by descent. |
| She said she had been advised that without the permission of her living parent, she would be unable to receive the document. | She said she had been advised that without the permission of her living parent, she would be unable to receive the document. |
| The government says that has left her, by the “black letter of the law”, open to referral, claiming she is still a dual citizen, and as recently as Wednesday it indicated it would continue the campaign to have her case sent to the court. | The government says that has left her, by the “black letter of the law”, open to referral, claiming she is still a dual citizen, and as recently as Wednesday it indicated it would continue the campaign to have her case sent to the court. |
| Labor maintains that Lamb took all reasonable steps and has pointed to a letter it says she received from the UK Home Office, which said it was unable to determine if she was a British citizen. | Labor maintains that Lamb took all reasonable steps and has pointed to a letter it says she received from the UK Home Office, which said it was unable to determine if she was a British citizen. |
| 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 renounced his New Zealand citizenship and won the seat 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 renounced his New Zealand citizenship and won the seat 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 in his Sydney seat of Bennelong – which he later won. In the meantime, independent Tasmanian senator Jacqui Lambie became the next casualty. David Feeney and Katy Gallagher NXT senator Skye Kakoschke-Moore soon followed. | 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 in his Sydney seat of Bennelong – which he later won. In the meantime, independent Tasmanian senator Jacqui Lambie became the next casualty. David Feeney and Katy Gallagher NXT senator Skye Kakoschke-Moore soon followed. |
| The loss of the two lower house MPs briefly cost the government its majority, before Joyce and Alexander both re-won their seats in 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 briefly cost the government its majority, before Joyce and Alexander both re-won their seats in 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. |
| Under Queensland law, when a parent is still alive, permission must be obtained from that parent in order to access birth, death and marriage certificates. The registry has since clarified that in extenuating circumstances, discretion can be applied by the registrar. Labor has not said if Lamb attempted to apply for an exception. | Under Queensland law, when a parent is still alive, permission must be obtained from that parent in order to access birth, death and marriage certificates. The registry has since clarified that in extenuating circumstances, discretion can be applied by the registrar. Labor has not said if Lamb attempted to apply for an exception. |
| It is understood that the Queensland government is discussing changes to the registry rules to ensure the situation does not repeat itself. | It is understood that the Queensland government is discussing changes to the registry rules to ensure the situation does not repeat itself. |
| Australian citizenship | Australian citizenship |
| Australian politics | Australian politics |
| Malcolm Turnbull | Malcolm Turnbull |
| Bill Shorten | Bill Shorten |
| Coalition | Coalition |
| Labor party | Labor party |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on Google+ | Share on Google+ |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |