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You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/jun/08/katy-gallagher-says-she-will-run-for-senate-spot-again
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| Katy Gallagher says she will run for Senate spot again | Katy Gallagher says she will run for Senate spot again |
| (6 months later) | |
| Labor’s Katy Gallagher has declared she is ready to return to the Senate, ruling out a shift to the lower house. | Labor’s Katy Gallagher has declared she is ready to return to the Senate, ruling out a shift to the lower house. |
| Gallagher, who was declared ineligible to have been elected in May, when the high court found she had not done enough to renounce British citizenship before her election, had been tipped as a potential candidate for a new Australian Capital Territory lower house seat. | Gallagher, who was declared ineligible to have been elected in May, when the high court found she had not done enough to renounce British citizenship before her election, had been tipped as a potential candidate for a new Australian Capital Territory lower house seat. |
| Her high court case led to the resignation of three Labor lower house MPs, as well as that of the crossbencher Rebekha Sharkie, sparking the 28 July “super Saturday” byelections. | Her high court case led to the resignation of three Labor lower house MPs, as well as that of the crossbencher Rebekha Sharkie, sparking the 28 July “super Saturday” byelections. |
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| The union boss David Smith has been endorsed to replace Gallagher in the Senate, and said he would hold on to the seat, ending speculation he would immediately hand the spot back to the former ACT chief minister. | The union boss David Smith has been endorsed to replace Gallagher in the Senate, and said he would hold on to the seat, ending speculation he would immediately hand the spot back to the former ACT chief minister. |
| But in an email to supporters sent out on Friday morning, Gallagher said she had sought guidance and had decided to renominate for Labor’s ACT Senate ticket for the next federal election. | But in an email to supporters sent out on Friday morning, Gallagher said she had sought guidance and had decided to renominate for Labor’s ACT Senate ticket for the next federal election. |
| 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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| “It wasn’t a straightforward decision, but I sought the advice of trusted mentors and friends and I also talked with, and listened to, many ACT Labor members and Canberrans who took the time to speak to me, send me emails and messages, and shared their views on what they would like to see me do next,” she said. | “It wasn’t a straightforward decision, but I sought the advice of trusted mentors and friends and I also talked with, and listened to, many ACT Labor members and Canberrans who took the time to speak to me, send me emails and messages, and shared their views on what they would like to see me do next,” she said. |
| “I believe that my experience as a minister and leader along with my federal parliamentary experience mean that the Senate is the place where I can be most useful to Canberra and to progressive politics. | “I believe that my experience as a minister and leader along with my federal parliamentary experience mean that the Senate is the place where I can be most useful to Canberra and to progressive politics. |
| What crisis? Citizenship doom turning to boon for Coalition | |
| “I take nothing for granted in life. ACT Labor’s preselection outcome is never a done deal. We are lucky to have a robust process where every eligible member gets to have a vote. It’s this process that has always seen such strong representation both federally and locally in our candidates and it is a process I welcome.” | “I take nothing for granted in life. ACT Labor’s preselection outcome is never a done deal. We are lucky to have a robust process where every eligible member gets to have a vote. It’s this process that has always seen such strong representation both federally and locally in our candidates and it is a process I welcome.” |
| Gallagher’s announcement is expected to set Smith up as the lead candidate for the third ACT lower house seat, which was created during a draft redrawing of the ACT’s federal boundaries. | Gallagher’s announcement is expected to set Smith up as the lead candidate for the third ACT lower house seat, which was created during a draft redrawing of the ACT’s federal boundaries. |
| Penny Wong, the leader of the opposition in the Senate, “warmly” welcomed Gallagher’s announcement, all but guaranteeing her return. | Penny Wong, the leader of the opposition in the Senate, “warmly” welcomed Gallagher’s announcement, all but guaranteeing her return. |
| “Katy is a woman of great integrity, who is committed to serving her community,” Wong said in a statement. | “Katy is a woman of great integrity, who is committed to serving her community,” Wong said in a statement. |
| “She is an outstanding representative of the ACT, an outstanding senator and an important part of Labor’s Senate leadership team. | “She is an outstanding representative of the ACT, an outstanding senator and an important part of Labor’s Senate leadership team. |
| “Katy is, quite simply, too good to lose ... I look forward to welcoming her back to the Senate.” | “Katy is, quite simply, too good to lose ... I look forward to welcoming her back to the Senate.” |
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