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| 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 |
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| 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. |
| Coalition to pursue Susan Lamb over citizenship despite tearful speech | Coalition to pursue Susan Lamb over citizenship despite tearful speech |
| 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. | 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. |
| 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, the Liberal Stephen Parry, also resigned on dual citizenship grounds. Then MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he won. Independent Tasmanian senator Jacqui Lambie became the next casualty and NXT senator Skye Kakoschke-Moore soon followed. Labor MP David Feeney also had to quit, but Ged Kearney won his seat of Batman back for the ALP. | After the court ruling the president of the Senate, the Liberal Stephen Parry, also resigned on dual citizenship grounds. Then MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he won. Independent Tasmanian senator Jacqui Lambie became the next casualty and NXT senator Skye Kakoschke-Moore soon followed. Labor MP David Feeney also had to quit, but Ged Kearney won his seat of Batman back for the ALP. |
| The case of senator Katy Gallagher tested the interpretation relied on by Labor that taking ‘reasonable steps’ to renounce citizenship was enough to preserve eligibility. In May 2018 the high court ruled against her, forcing a further three Labor MPs – Justine Keay, Susan Lamb and Josh Wilson – to quit, along with Rebekha Sharkie of the Centre Alliance (formerly NXT). The major parties have agreed 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. | The case of senator Katy Gallagher tested the interpretation relied on by Labor that taking ‘reasonable steps’ to renounce citizenship was enough to preserve eligibility. In May 2018 the high court ruled against her, forcing a further three Labor MPs – Justine Keay, Susan Lamb and Josh Wilson – to quit, along with Rebekha Sharkie of the Centre Alliance (formerly NXT). The major parties have agreed 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. |
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| 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. |
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| Australian politics | Australian politics |
| Malcolm Turnbull | Malcolm Turnbull |
| Bill Shorten | Bill Shorten |
| Coalition | Coalition |
| Labor party | Labor party |
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