THE National’s vetting processes has come under fire, with the future of five federal politicians – including the party’s leader and deputy leader – left under a cloud of doubt from potential breaches of constitutional law.
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Section 44 has caught out some of the party’s most senior members; Deputy Prime Minister and Nationals leader Barnaby Joyce, Deputy Nationals leader Fiona Nash, former Resources and Northern Australia Minister Matt Canavan.
On Thursday afternoon, Senator Nash revealed she was a dual citizenship of the United Kingdom, which she received at birth through her Scottish-born father.
Mr Joyce’s dual New Zealand citizenship – dubbed Kiwi-gate – has been in the headlines all week. The New England MP announced on Monday he may be a dual citizen (which was later confirmed) through his father, who was born in New Zealand.
He has since renounced his citizenship, but Labor has continued its call for him to stand down.
In July, Mr Canavan stepped down from his Cabinet position after discovering his mother had applied for Italian citizenship on his behalf.
Section 44 of the Australian constitution says anyone who is “a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power” is disqualified from standing for parliament.
Despite the precedent the party set with Mr Canavan, neither Mr Joyce nor Senator Nash will step down. All three cases have been referred to the High Court, that will have the final verdict.
Section 44 also forbids MPs from holding an “office of profit under the Crown” through “any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth”.
On Thursday, it emerged Senator Barry O'Sullivan had a stake in a construction company, the Newlands Group, which has been awarded a $25m Queensland infrastructure project that is 80 per cent funded by the Commonwealth government.
Senator O'Sullivan has not been referred to the High Court, but his office remains confident that he would survive any legal challenge.
In July, Assistant Health Minister David Gillespie was referred to the High Court by Labor, for owning a small suburban shopping complex in Port Macquarie. One of the shops is an outlet of Australia Post – a government-owned corporation.