The High Court has made one thing clear
Senator Katy Gallagher has been found ineligible to sit in Parliament, the High Court unanimously ruled this morning.
The Labor senator referred herself to the court after her eligibility started to be questioned. She has always said that she took all reasonable steps to renounce her dual British citizenship, but the court found that she was not able to do so in time for the election.
Gallagher said that while she is very disappointed by the outcome of the case, she respects the decision of the court. It was an absolute honour to hold elected office, she said.
The ruling casts a shadow on Labor MPs Josh Wilson (Fremantle, Western Australia), Justin Keay (Braddon, Tasmania), and Susan Lamb (Longman, Queensland. The three, along with Centre Alliance’s Rebekha Sharkie (Mayo, South Australia), have also used the “all reasonable steps taken” defence.
The court has made it clear that the constitutional bar is to be strictly enforced. Claiming all reasonable steps were taken to renounce foreign citizenship to sit in Parliament can only be a defence if foreign law “irremediably prevents” the Australian citizen to renounce their foreign citizenship.
The defence would need to pass an “insurmountable obstacle” test, which was not present in this situation, the High Court ruled.
In a statement, Gallagher said that she has always performed her duties to the ACT community with honesty, integrity and a desire to make Canberra and Australia a better place for everyone.
“I have always acted on the best available legal advice, which at all times, indicated that I satisfied the eligibility requirements under the Constitution. However, today the High Court has made its decision, and I respect the outcome,” she said.
Gallagher also apologised to the people of the ACT for the disruption the case has caused.
“To have my place in the Senate end like this today is very deeply disappointing but I believe that I have more to contribute to public life and I will take the time to talk with Labor Party members on how I can do this over the months ahead,” she said.
