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

I thank the honourable member for his question. The High Court has made it very clear that the operation of section 44(i) is not without limits and that it must be read in light of its purpose and intent, which is to prevent conflicts of loyalty arising among people who are members and senators. Now, if an Australian citizen who became a citizen of this country by reason of being born here was to be ineligible to stand for parliament because the law of a foreign country imposed foreign citizenship on them, without their knowledge, due to their descent from a parent, grandparent, great-grandparent, then plainly millions of Australians could be disqualified from standing for parliament.

Based on the advice we have from the Solicitor-General, the government are very confident that the court will not find that the member for New England is disqualified from being a member of this House—very confident, indeed. We have not referred the matter to the court because of any lack of confidence in this view, but, as I noted in my letter to the Leader of the Opposition today, because we want to give the court the opportunity to clarify the operation of the law in this vitally important area, which goes obviously to the heart of our democracy.

Mr Rob Mitchell interjecting—

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