The Courier Mail Editorial, Friday November 20th 1998
The Commonwealth Constitution lays down strict rules concerning the qualifications of those who wanted to be elected to represent us in the Federal Parliament. One of them disqualifies a "citizen of a foreign power". The High Court has explained the way in which this rule is to be applied. In 1992, in a case where for a different reason it ruled that Phil Cleary was ineligible to be elected (he was a state school teacher on leave without pay and therefore was disqualified from holding an office of profit under the Crown), the High Court ruled that two other candidates were ineligible because they held dual citizenship. One, who migrated from Switzerland 41 years earlier, has been an Australian citizen for 32 years at the time of the election. The other came from Greece when he was 17, took Australian citizenship 8 years later, and had been an Australian for 17 years at the time of the election. According to the High Court, however, they had not taken "reasonable steps" to divest themselves of their continuing Swiss or Greek citizenship. Swearing allegiance to Australia was not enough.
What those "reasonable steps" are may depend on the laws of the other country whose citizenship is held by a prospective candidate. The handbook produced by the Australian Electoral Commission warns that intending candidates "should inquire of their relevant embassy or high commission". In the case of Heather Hill formal renunciation costs about Au$850. Is that an unreasonable amount to pay for membership of the Australian Parliament?
The constitutional ban on dual citizenship is no secret and has acquired some notoriety in the past decade or so. Nuclear disarmament activist Robert Wood had his election to the Senate squashed in 1988 - he had British citizenship and had not bothered to take out Australian citizenship until after the election. In 1996, Jackie Kelly's election to the House of Representatives was successfully challenged because she was a New Zealand citizen who had an office of profit under the Crown. But she subsequently recontested and won the resulting by-election, having met the necessary qualifications.
Other MPs were also prompted by the High Court's decision to regularise their positions - in at least one case by abandoning British citizenship. Most political parties have been affected. The prospective National party challenge against Ms Hill cannot credibly be painted by One Nation as part of a plot to destroy them. One Nation knows the rules - it was up to the party to ensure that all its candidates met them. In any event, there is a strong possibility that if Mrs Hill was to be disqualified the second person on the One Nation ticket would win her place.
There remains the question of whether a person holding British citizenship is a "foreigner". Australian citizenship is only a comparatively recent invention. Queen Elizabeth II, our head of state, is undoubtedly British: although not a citizen. Hundreds of thousands of people of British origin have declined to cut their formal ties with their former homeland, although they have committed themselves and their families to Australia. But getting into parliament requires more..