The citizenship saga/imbroglio/brouhaha/scandal probably couldn’t have come at a worse time in Australian politics. There’s probably no good time for politicians, as a class, to be discredited by a widespread inability to fill out forms properly, even if the problem is mainly confined to members of minor parties. But at a time when the government is deeply unpopular, led by a man seen as disappointing all the high hopes that attended his ascension to the prime ministership, and when there is widespread disenchantment with the economic framework that has shaped the polity for the last 30 years, this is pretty much the last thing, other than say a major corruption scandal, that we need.
Worse, though, in a way that those of us inside the Canberra bubble probably won’t quite get, is that the stories on offer on the part of the MPs and senators before the High Court have changed significantly. In particular, the circumstances in which senator Matt Canavan became an Italian citizen appear to have changed radically. This was Canavan exactly a month ago, when he revealed his citizenship problem:
“In 2006, my mother lodged documents with the Italian consulate in Brisbane to become an Italian citizen. In doing so, it would appear that she made an application for me to become an Italian citizen as well. I was 25-years-old at the time. My mother was born in Australia but was able to obtain Italian citizenship through her parents, who were both born in Italy. While I knew that my mother had become an Italian citizen, I had no knowledge that I myself had become an Italian citizen, nor had I requested to become an Italian citizen.”
Now, however, his mother has disappeared from the account put to the High Court and he is an Italian citizen courtesy of a change to Italian law in 1983, when Canavan was two years old. Presumably the “citizenship by descent” angle is seen as more conducive to the government’s legal case that if you don’t know you’re a dual citizen, you can’t renounce it, than actions of which Canavan was aware in 2006, when he was an adult rather than a toddler.
Malcolm Roberts’ story has changed as well, but his story has constantly changed since BuzzFeed’s Mark Di Stefano began unearthing documents about him, so continued flux is not unexpected; the empirical evidence may yet do for Roberts.
The changing nature of Canavan’s story smacks of sharp practice and of a government desperate to avoid what will be a hugely embarrassing legal defeat. Canavan, at least, resigned from the ministry and is not voting in the Senate until his status is clarified. But in the event the High Court accepts the government’s argument that you’re still eligible if you don’t know you’re a dual national, what signal will that send the electorate already convinced the system is loaded in favour of the powerful? You can breach the constitution with apparent impunity if you have good enough lawyers?
And what of Barnaby Joyce? His status won’t be clarified until November at least, leaving him as a kind of lame duck, especially when he has to fill in for the Prime Minister while the latter is overseas. Every day that goes by will demonstrate that it would have been better for the government to endure the short-term pain of his standing aside rather than have the lingering question over its legitimacy.
There’s the legal reality of all this that will be fought out in the High Court. There’s the political reality that politicians, journalists and commentators will debate and discuss. But there’s a broader reality out in ordinary households across the country filled with jaded, cranky citizens who think little of all of us and are convinced it’s one system for them and a different, much easier system for elites. That’s exactly the theme that Bill Shorten is hammering, knowing that it accords with what voters already think. No matter how the citizenship issue plays out, it will reinforce that sense of disaffection.
On what basis is the High Court not acting immediately over this Constitutional Crisis? They are called the High Court for a reason.
Presumably to let said high-paid lawyers prepare their cases properly.
I don’t think you can rightly say there is a constitutional crisis. There is a crisis in government because of failure to comply with the constitution or even take reasonable steps to comply. There is a crisis in government because of gross inconsistency in complying with their own ministerial standards.
The High Court is not a venue for the idle opinions of Saturday morning shoppers: it asked why it should rush to judgement, and the government could not think of a good reason. Joyce could solve his problem by resigning so a by-election could be called. Canavan could solve his problem by resigning so the next ticket holder could take over and he could get on with his job of advocating for large mining companies. Likewise Nash. Roberts could merely buy a one way ticket to the moon.
Good one Mike, that nails it nicely…just not sure the moon is far enough for that lying dingbat Roberts.
The Greens seemed to provide a reasonable response to the issue. I’m surprised Barnaby and the rest aren’t being hammered with this. Quite a contrast.
Quite so!
Well pointed out, sir!
The film Iron Sky – about a base of Nazis eacaping the Allies before Germany’s defeat in 1945 – springs to mind. Malcolm could always join them.
To be fair, our politicians are generating a lot of work for the HC at the moment.
The reason Laurie, is that the High Court doesn’t work for the Government (nor does any other court). There’s also the fact that cases heard there, are nearly always Constitutional matters. There’s not much elbow room for deciding priority among these…
http://www.hcourt.gov.au/cases/cases-heard
… and it would be a rare thing to accept such a reason as “George Brandis wants us to” (since they haven’t provided an argument for prioritising their non-form-double-checking colleagues).
The punchline is, if they first went to a magistrate (to have the case referred up), it may have been decided sooner – just not in their favour.
The participants need some time to get their stories straight.
There is a story on the ABC website this afternoon about Barnaby Joyce receiving nominations as New Zealander of the Year. This is an example of what the gov’t will have to endure even after it is resolved.
As for Roberts the longer this goes on the worse he looks.
I agree with everything you say except for the Roberts thing.
To lose Malcolm Roberts would be the greatest loss to Australian comedy since John Clarke cashed his chips.
The abrupt change in Canavan’s story stinks like an old dead fish. I have waited for comment about it in the media and outside of Crikey today, so far zilch.
Why should the government treat us with contempt? Apparently, we don’t give a shit anyway?
I’m with nudiefish. I’m hoping that Canavan gets harassed by the media to explain how it is that he came to lie publicly with Turnbull and Brandi standing by his side, telling us how innocent he was, how unaware he was, and how it was all his mum’s fault.
Either he was lying then, or he’s lying now. Or is there some nuance I’m missing here?
And if Canavan held Italian citizenship since age 2, how is that different from Larissa Waters case, which everyone assures me is cut and dried?
You’re right Bernard, this stinks to high heaven, and I ain’t happy.
I’m surprised there hasn’t been more questioning of Canavan’s claim he was bestowed Italian citizenship as an adult without his consent or knowledge. Sounds very unlikely this would be possible. If it is, I suggest Tony Abbott’s sister enrol him back up as a British citizen!
But more seriously, Canavan’s claim sounds like utter rubbish and there should be some media attention to this. More important than the Constitutional issue is his possible bald-faced lying in public. And an interesting side-light is that his Mother appears to have got Italian citizenship after her husband was gaoled for fraud … and also she seems to have been keen to vote for Berlusconi.
Imagine if the Greens had been up to half of these shenanigans, the hue and cry would have been heard in the heavens!
You need to catch up, faced with the possibility of perjury and a stint in the other big house Canavan fessed up that he has been an Italian citizen since he was 2. But everyone is missing the real story still.
s44 is the white Australia policy done to keep out anyone but Brits from the parliament and the constitution doesn’t mention Australian citizenship at all so under the constitution how can anyone have dual Australian or any other nation citizenship.
It’s hilarious watching a bunch of white entitled clowns chasing down another bunch of white entitled clowns over the white Australia policy which was designed to keep out Pat Dodson, Ken Wyatt and co, but not Bananaby and Matt.
Bravo, Marilyn. Somebody eschewing the schadenfreude of seeing Joyce et al cut down to size and actually acknowledging what a clusterf*ck our “Founding Fathers” have bequeathed to us in s.44(i).
Thank you, Marilyn.
Australia has a place for people who seek its offices while falsifying their credentials. Nauru.
With any luck BJ and his trio of amigos will lose their fat pensions too. That will hurt them more than anything else. Their time-accrued should be re-set to zero!
I loved what Richard Di Natale (someone I generally don’t have a lot of time for) said: Every Italian boy knows it’s never your mother’s fault. (paraphrasing)
Zara, come election time, I don”t think it will be just Italian boys remembering he blamed his mother.
I seem to recall a report that Matt Canavan acquired Italian citizenship through an application by his mother so that he could lodge a vote for Berlusconi in the Italian parliamentary elections. That’s a long way from being unaware of foreign citizenship.
As for Crocodile Dunedin Joyce, there couldn’t be a more worthy riddance especially if Tony Windsor ended up taking his place.