The Government’s Bill proposing changes to citizenship laws that would see dual citizens involved in terrorism lose their Australian citizenship is expected to pass the Australian Parliament during this final sitting period.
The Labor Opposition has agreed to back the bill now that the Government has supported 27 recommendations from the bipartisan report of the Parliamentary Committee on Intelligence and Security into the Bill.
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The Government announced it would accept the changes recommended by the Committee in early November.
The bill is called the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015.
The Committee examining the Bill made 27 suggestions for changes in its report including that conviction based provisions of the Bill should be retrospective. That means that the bill if it becomes law could impact some dual citizens already in Australian prisons.
The Government says the amended Bill would apply to dual citizens who have already been convicted of a specified offence with a sentence of ten years or more, handed down within the last ten years.
Legal experts believe the first case would likely be challenged in the High Court and they are not confident it would stand.
The Government has said it believes the bill could withstand legal challenges.
In announcing the Government’s position 2 weeks ago Immigration Minister Peter Dutton said the bill is fair.
“All Australians know that terrorism is a great threat to our country” he said.
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“We’ve seen evidence of that in Martin Place and we’ve seen it in Melbourne and we’ve seen it play out in Paris and other developed countries like ours.”
“This is a real scourge and it is going to be with us for a long period of time.”
“The Government believes very strongly that this Bill – which does not render people stateless – but does say to dual nationals that if you have engaged in terrorist activities then that conduct means that you have breached your allegiance with our country and we will do whatever it takes, within the law, to try and keep our country safe.”
‘There are recommendations that have been made by the Joint Standing Committee, by the Intelligence Committee. The Government has accepted those recommendations” Mr Dutton said.
“The Government has obviously put together a Bill which we think minimises the risk of any challenge in the High Court and our judgement is that there needs to be the elements in there that we’ve put within the legislation.”
Labor will support the bill with the amendments put forward by the Joint Committee.
Labor’s spokesman on Immigration Richard Marles explained his position in the recent debate in the House of Representatives.
“When we talk about questions of citizenship and look at amending this act in particular, we are dealing with deeply serious matters, which, by definition, go to the very core of what it is to be an Australian” Mr Marles said.
“The idea of potentially stripping dual citizens who engage in some form of terrorist related activity was in fact one raised by the government as early as January of last year, 2014. It is an idea which has been in the public domain in Australia for some time. It was re-enlivened as a discussion this year.”
“I think it is a debate which has been difficult. It is a debate which many in Australia have found uncomfortable. But it is a debate, nevertheless, that is important to have.”
Mr Marles said the Bill is an important one.
“It does represent a very important tool available to our national security agencies in order to deal with those who have been radicalised in that process and those who may well present a significant danger to the Australian public. So it is a very important legislative reform that we can put the safety of Australian citizens as being paramount and this legislation does that.”
When the idea of the Bill was original raised by then Prime Minister Tony Abbott he was considering applying it to potential dual citizens as well as dual citizens. The issue led to an internal revolt several Cabinet members including Mr Turnbull. The bill that eventuated applies to dual citizens only.
