Craig Kelly (Hughes, Liberal Party) Share this | Link to this | Hansard source

My question is to the Prime Minister. Prime Minister, why is it important to be satisfied that every member of the House has been legitimately elected?

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I thank the honourable member for his question. The citizenship issue has been a very challenging one for members of the House and of the Senate, and I want to say, Mr Speaker, that it has been especially challenging for many members and senators who, like more than half of Australians, have a parent born overseas, or, indeed, were born overseas themselves. This has gone, in many ways, to the very heart of people's identity. I want to say to honourable members that we understand the High Court's decision. It was a disappointment to us. It was a very harsh, literal reading of the section. But that was the High Court's ruling, and we must comply with it. I would say that I know I speak for all members—and, if I may be audacious, all senators—in saying we are all committed to building and maintaining the strongest, most successful multicultural society in the world, and that is our home, Australia.

The Senate, on 6 December, on the motion of Senator Wong, referred Senator Katy Gallagher to the High Court to determine her eligibility, on the basis that the renunciation of her British citizenship was registered after the date of her nomination—that is to say, she was a UK citizen at the time of her nomination. The circumstances regarding her citizenship status are identical to those declared by the member for Braddon and the member for Fremantle. In the member for Braddon's case, her UK citizenship came to an end on 11 July 2016, after the dates of both her nomination and the election itself; in the member for Fremantle's case, his citizenship of the UK came to an end on either 24 or 29 June 2016, both dates after the nomination.

However, the Leader of the Opposition has to take responsibility now for the member for Longman, who remains a UK citizen. She is a UK citizen today. In her declaration to the citizenship record the member for Longman stated she is not a citizen of any country other than Australia. But the legal opinion attached to her declaration states she is a British citizen—paragraph 4. Her declaration makes it clear that her attempts to renounce her British citizenship were unsuccessful, and so she is in the same position as Senator Malcolm Roberts. She has declared she's a UK citizen. She should not be sitting in the parliament. (Time expired)

Tony Smith (Speaker) Share this | Link to this | Hansard source

The Leader of the Opposition has the call. The Prime Minister?

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to this | Hansard source

I ask that further questions be placed on the Notice Paper.