MPs Who Do Not Have Citizesnhip Of New Zeland

Now would I misspell a title twice?  Read on and all will be revealed ...

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Scott Morrison (Liberal, Cook)

Today there was a curious development in the long-running Section 44 citizenship farce.  Margaret Simons in the Guardian reported that Prime Minister Scott Morrison appears to have given incomplete/incorrect citizenship declarations that fail to address a manner in which he could in theory have become a citizen of New Zealand.  That is not to say he is a citizen of New Zealand, but that his explanation of why he is not is apparently wrong, or as Dr Anna Hood puts it in Simons' article, "problematic".

Simons has published that fine print in a change in New Zealand law, passed in 1948 and effective 1/1/1949, conferred full citizenship on then-living females (but not males) who were the offspring of British subject fathers born in New Zealand.  That full citizenship then allowed the offspring of those females to be potentially registered as New Zealand citizens by virtue of being "the minor child of a New Zealand citizen".  If so registered, they would now be ineligible to sit in the Australian parliament under Section 44, unless they had subsequently renounced.  (The British Nationality and New Zealand Citizenship Act 1948 was repealed effective 1 Jan 1978 by the Citizenship Act 1977, but those who were citizens under the former Act at that stage remained so. For this reason as well as Morrison no longer being a "minor child", there is no issue of an existing entitlement to become a citizen.)

Poll Roundup: Citizenship Chaos Sends Government To New Term Low

2PP Aggregate: 54.2 to Labor (+1 point in a week) - highest reading of term
Labor would win election "held now" with a large margin
Government has lost majority (for now) with two MPs recontesting their seats in by-elections

This week we've seen a highly unusual event in Australian political history: a federal government has lost its majority partway through a term.  This last happened in 1931.  The one-term Scullin government began its term with a robust 46 seats out of 75, but a by-election loss and defections to the opposition UAP and the Lang Labor split saw it whittled down to 35, following which it collapsed before the year was out.  What has happened to the Turnbull government, so far, is much less dramatic - two of its seats are vacant pending by-elections, and the government will recover majority status if Barnaby Joyce is returned, although it would then lose it again if John Alexander is defeated.

However, as the Section 44 eligibility issues continue to unfold (with the tabling of required evidence by December 1 expected to be the next step), we could well see more by-elections early next year in some much more difficult government seats.  The prospect of the government slipping into permanent minority, or perhaps even losing enough seats that it can no longer govern, is a real one.  There may also be by-elections in Labor and crossbench seats, but no incumbent government has gained a seat from an opposition in a federal by-election since 1920 so there would not be too much optimism regarding chances of gaining seats there.  My legally unqualified view, incidentally, is that the "hesitators" (those who filed to renounce UK citizenship too late for the process to complete by the close of nominations) are in trouble.  The references in previous cases to the taking of all reasonable steps as sufficient refer to a context in which a member cannot reasonably renounce an overseas citizenship, not one in which a candidate was needlessly slow about it.

Section 44: Could Parry Peril Unelect McKim?

Warning:  Section 44 has now reached Wonk Factor 5/5.  

The Section 44 citizenship crisis affecting the Federal Parliament has reached a new level of electoral law murkiness today with the news that a Tasmanian Senator, Senate President Stephen Parry, is investigating whether he may be a UK dual citizen by descent.  Parry's father was born in the UK but moved to Australia as a child.  If it turns out Parry is ineligible, he is expected to resign from the Senate immediately, and following a referral the High Court would presumably follow the precedents set in Re Canavan regarding Barnaby Joyce and Fiona Nash and give him the flick.

That might all be the straightforward end of proceedings.  The possibility of a special count for Parry's seat (a recount of all votes as if the departing Senator had died before the poll) creates new problems in dealing with the replacements for ineligible Senators.   The reasons for this concern two unusual features of the Tasmanian Senate count: the very high rate of below-the-line voting and the extremely close result for the final seat.  Incumbent Nick McKim (Green) held off Kate McCulloch (One Nation) by just 141 votes.  McKim should have been re-elected easily but the Greens vote was damaged by the successful campaign to save Lisa Singh, who had been dumped to a normally unwinnable position by her party.