Refer 'job lot' MPs to High Court: Shorten

As the first two Labor members to be caught up in the citizenship fiasco prepare for court, Bill Shorten says a "job lot" proposal should be revisited.

Labor leader Bill Shorten says he hopes the government reconsiders referring a multi-party "job lot" of MPs to the High Court over citizenship issues when parliament resumes in February.

Just before parliament rose for the year, the federal opposition proposed a list of nine Labor, crossbench and coalition MPs to be referred to the court to test their eligibility.

However, the government used its numbers to reject the motion, arguing it was a political stunt and captured some MPs who had no questions to answer in court.

Ultimately, two Labor members were referred to the court - Victorian MP David Feeney and ACT senator Katy Gallagher - whose legal teams will appear at a directions hearing in Brisbane on Friday.

"I think Malcolm Turnbull should take up our offer that all MPs where there is a debate about constitutional status for eligibility should be referred as a job lot to the court," Mr Shorten told reporters in Melbourne on Thursday.

"I hope the government revisits that."

Mr Shorten said he was confident based on legal advice the Labor member for Longman, Susan Lamb, was eligible for parliament.

The government insists the Queensland MP should be referred to the court and has not ruled out acting unilaterally to force the referral when parliament returns.

Mr Feeney was referred to the court after being unable to produce documents confirming he had renounced any foreign citizenship in 2007.

He told parliament in December he had filled in renunciation paperwork.

Asked whether Mr Feeney should follow the example of another MP caught in the citizenship debacle, Liberal John Alexander, and resign immediately, Mr Shorten said there was a difference.

"Mr Feeney says he's taken all reasonable steps, Mr Alexander didn't say that," Mr Shorten said.

Senator Gallagher argues she took all steps within her power to renounce her UK citizenship before nominating to run for the Senate.

Mr Feeney's legal team has reportedly failed to uncover any relevant documents from British or Irish authorities.

It is yet to be determined whether the court will adjourn his case while the documents are sought or press ahead with a hearing in their absence.

Mr Feeney was elected to the Senate a decade ago before switching to the lower house in 2013.

A by-election in his Melbourne marginal seat of Batman could be challenging for Labor, with the Greens already preselecting a candidate, social worker Alex Bhathal, in anticipation.

Senator Gallagher's legal team will argue she not only took "reasonable steps" to renounce her citizenship by descent, but every possible step available to her.

If she is disqualified, a special count would likely return her running mate on the ACT Labor 2016 Senate ticket, union boss David Smith.

The Labor frontbencher, who has temporarily stood aside from her shadow portfolios, will be represented by former solicitor-general Justin Gleeson SC.


Share
3 min read

Published

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world