Greens senator Scott Ludlam resigns over failure to renounce dual citizenship

Updated

Deputy Greens leader Scott Ludlam is stepping down from Federal Parliament, after admitting he has been ineligible to sit in the Senate for his whole tenure because he holds dual citizenship.

Key points: Scott Ludlam held dual citizenship which made him ineligible to sit as a senator

He has resigned and says he will not fight to stay on in Parliament

Mr Ludlam takes responsibility for the "ridiculous oversight"

Mr Ludlam admitted his election was invalid because he did not renounce his New Zealand citizenship, which the WA Senator said he only discovered he had a week ago.

Section 44 of the constitution disqualifies potential candidates from election to the Parliament of Australia if they hold dual or plural citizenship.

Analysis from Insiders host Barrie Cassidy

The important thing to keep in mind is it will not change the balance of power.



If they follow normal proceedings, then the Greens senator will be replaced by another Greens senator.



They don't lose a number but they lose a talented senator.



In recent times, we have seen from Scott Ludlam that he can be brilliant at times in committee hearings and he has a searing sense of humour as well which cuts through.



It would be open to the Greens to use [likely replacement senator Jordan Steele-John] as a seat warmer and then bring Scott Ludlam back into the Senate at another stage. I am not suggesting that might happen but it is open for them to do that.



[Senator Ludlam] is a very well-regarded senator and I think certainly Greens supporters around the country will be in quite a state about this at the moment.



Watch Barrie Cassidy's full analysis. The important thing to keep in mind is it will not change the balance of power.If they follow normal proceedings, then the Greens senator will be replaced by another Greens senator.They don't lose a number but they lose a talented senator.In recent times, we have seen from Scott Ludlam that he can be brilliant at times in committee hearings and he has a searing sense of humour as well which cuts through.It would be open to the Greens to use [likely replacement senator Jordan Steele-John] as a seat warmer and then bring Scott Ludlam back into the Senate at another stage. I am not suggesting that might happen but it is open for them to do that.[Senator Ludlam] is a very well-regarded senator and I think certainly Greens supporters around the country will be in quite a state about this at the moment.

Prior to his announcement, Mr Ludlam had become one of the Greens' most prominent senators after first being elected at the 2007 federal election.

His admission about his New Zealand citizenship opened the possibility that the Commonwealth could pursue him to pay back years in salary and allowances, but Mr Ludlam said he was confident that would not eventuate.

Mr Ludlam's Senate position is expected to be filled by a recount of ballot papers from the 2016 election.

That would likely lead to the election of 22-year-old Jordon Steele-John who was third on the Greens Senate ticket.

Mr Ludlam's resignation comes after a period of turmoil for the Greens, in which New South Wales senator Lee Rhiannon was excluded from the partyroom over a dispute about the Government's school funding legislation.

Ludlam admits responsibility, unreservedly apologises

Mr Ludlam has apologised unreservedly for what he said was his mistake and a "ridiculous oversight".

"This is my error, something I should have checked when I first nominated for pre-selection in 2006," he said.

"It never occurred to me as someone who left the country [New Zealand] as a three-year-old, [as someone who] has never really considered it home.

"This town is home. I have been here since 1978. It never crossed my mind that citizenship might be something that sticks to you in that way."

Mr Ludlam said he had decided against fighting to stay on.

"I could have dug my heels in. But it creates a messy and protracted dispute. That section of the constitution is crystal clear and it has been tested before by others," he said.

"It is not something that I particularly want to put myself, my staff or my party through. This is probably a cleaner way to just make a break.

Mr Ludlam said the situation was brought to their attention a week ago while he was overseas by someone who had "done the digging, for whatever reason".

Ludlam could be forced to repay salaries, allowances

There are some recent examples of the High Court ruling senators' elections invalid, including former Family First senator Bob Day and former WA One Nation senator Rod Culleton.

In both cases, their elections were declared invalid under the constitution and the court ordered the replacements be filled by a recount of ballots.

The subsequent countbacks resulted in the next person on their parties' Senate tickets being elected, which is most likely what the Greens will be hoping happens in this latest situation involving Mr Ludlam.

Assuming a countback results in the third Greens Senate candidate being elected, that would see Jordon Steele-John fill the vacancy.

But Mr Steele-John, a 22-year-old who has cerebral palsy, left the door open to not accepting the position.

"If it comes down to it, I'd be happier putting the choice of candidate back into the hands of our party membership," he said.

"But like everyone else in the party I'm going to be spending the next week in sad shock."

In the cases of Mr Day and Mr Culleton, the federal Department of Finance did seek to have them repay all of their salaries and allowances during the time they were invalidly elected.

The Government ultimately decided to waive Mr Day's debts, but those cases appear to raise the possibility that attempts could be made to force Mr Ludlam to repay the salaries and allowances he has earned over nine years as a senator.

But Mr Ludlam said he did not have the means to pay back the money and was confident it would not come to that.

"It's going to be millions of dollars and my total assets amount to a fast computer and some nice shoes," he said.

Topics: government-and-politics, greens, perth-6000, wa

First posted</s>Greens senator Scott Ludlam is leaving federal parliament after finding out he was improperly elected more than a decade ago.

The party's co-deputy leader said it was recently brought to his attention that he holds dual citizenship of Australia and New Zealand.

Under section 44 of the constitution, that makes him ineligible to hold elected office.

'I apologise unreservedly for this mistake,' he said in a statement on Friday.

'This was my error, something I should have checked when I first nominated for preselection in 2006.'

Instead of going through protracted legal proceedings, he is resigning as a senator for Western Australia and co-deputy leader of the Australian Greens.

Senator Ludlam was born in Palmerston North in New Zealand and left the country with his family when he was three.

He settled in Australia not long before his ninth birthday, before being naturalised when he was in his mid-teens.

'(I) assumed that was the end of my New Zealand citizenship.'

Senator Ludlam took to Twitter after his announcement to apologize once again.

'Hey everyone. I'm sorry about this, but it's a thing. I'll really miss it, but there are other ways to make trouble. Love and thanks.'</s>The Australian Greens senator Scott Ludlam is resigning after it emerged that he holds dual citizenship with New Zealand.

Ludlam’s dual citizenship status is likely to breach the constitution and renders his re-election invalid.

The senator left New Zealand when he was three years old, and only learned of his continuing citizenship last week, while in New York working on the United Nations ban on nuclear weapons.

Ludlam has decided not to fight a looming high court challenge.

On Friday afternoon the party’s co-deputy leader offered an apology to his supporters and those who helped him return to parliament this year after three months’ leave to treat depression and anxiety. 



“This was my error, something I should have checked when I first nominated for preselection in 2006,” he said.

“I have no wish to draw out the uncertainty or create a lengthy legal dispute, particularly when the Constitution is so clear. I am resigning as senator for Western Australia and co-deputy leader of the Australian Greens, effective today.”



The resignation of Ludlam, who is popular politically among the Greens’ base, has gutted the party.



It also creates complications in the Senate, where his seat could remain vacant for months.

A recount is likely to be held eventually, and it is understood the seat would go to 22-year-old disability activist, Jordan Steele-John, who was third on the Greens’ West Australian ticket at the double-dissolution election where both Ludlam and Rachel Siewert were elected.

Steele-John is unsure whether he will take the Senate spot.

“Luckily there’s a lot of process in the Senate, the court and the party before any of that becomes something to think about,” he said in a statement on Friday.

“If it comes down to it, I’d be happier putting the choice of candidate back into the hands of our party membership. But like everyone else in the party I’m going to be spending the next week in sad shock and/or swearing loudly into a pillow.”

If he decides against taking the seat, he would immediately resign, creating a casual vacancy. That would spark a preselection process within the Greens that could take until the end of the year to complete. The Greens would be left without an important Senate vote in the meantime.

The constitution bars dual citizens from eligibility for election, unless they can show they have taken reasonable steps to sever foreign ties. Ludlam has taken no such steps.

He was born in Palmerston North in New Zealand’s North Island in 1970, but assumed his New Zealand citizenship was renounced when he was naturalised as an Australian in his mid-teens.

Ludlam said he had no cause to even consider his dual citizenship until he received an email from a West Australian barrister last week. The barrister, who Ludlam has chosen to protect as a whistleblower, informed him of his dual citizenship and warned a high court challenge was planned.

If he chose to do so, Ludlam could fight the case. He could either seek to convince the Senate not to refer him to the court of disputed returns, or mount a case in the court itself.

Ludlam would need to rely on the fact he was oblivious to his New Zealand citizenship, which the high court has previously ruled can be taken into account.

But his office is understood to have legal advice that gives a bleak assessment of his chances. In 1998 the One Nation senator Heather Hill was deemed ineligible to take her seat after it was revealed she was a dual UK-Australian citizen.

“I am personally devastated to learn that an avoidable oversight a decade ago compels me to leave my colleagues, supporters and my wonderful team,” Ludlam said.

“You are the people who entrusted me as your candidate and sent me to parliament, and you are the people who turned out in force as we fought an unprecedented byelection in 2014.

“You supported me through the challenges of the past year and gave me the strength to return to the political arena. You know who you are, and I’ll never forget your support.”

Ludlam’s resignation creates a situation similar to that of the former senator Bob Day last year.

Typically, when a senator resigns, a casual vacancy is declared and a replacement is selected from the same party. But because there were questions about Day’s eligibility, the matter was referred to the court of disputed returns for determination.

In Day’s case, the high court found he was ineligible, and should therefore be replaced by a countback.

The Greens leader, Richard Di Natale, said Ludlam’s handling of the issue showed “his absolute integrity and character”.

“In the coming days and weeks we will finalise what this means in terms of Scott’s vacated seat. In the meantime, let’s reflect on the tremendous contribution that Scott has made to this nation and to the Greens,” Di Natale said.



“It has been an honour to sit in the Senate with Scott, and to have him as a deputy leader. Scott’s tenacity, creativity, strength and intelligence should be an inspiration to us all.”

Ludlam has been a senator since 2008, and became deputy leader of the Greens in 2014.</s>Greens senator Scott Ludlam has sensationally resigned from federal parliament, after discovering he is a dual citizen of Australia and New Zealand, and therefore ineligible to hold office.

Ludlam released a statement on Twitter on Friday afternoon, saying he had "recently discovered" he still held New Zealand citizenship. He told a press conference that he was born in NZ, left the country at age three, and moved to Australia at age nine.

"Recently, as about a week ago or so, it was brought to my attention that I hold dual citizenship nationality of Australia and New Zealand. Under section 44 of the constitution that makes me ineligible to hold elected office in the Federal Parliament," Ludlam told a press conference in Perth.

"I apologise for this. This is an oversight that was avoidable and it is something I should have fixed up in 2006 when I first nominated. I have no wish to draw out legal uncertainty or create any kind of lengthy dispute, particularly when that section of the constitution is so clear. I am resigning as a Senator for WA and Co-Deputy Leader of the Australian Greens effective today."

Ludlam was first elected to parliament in 2006, and has since been re-elected twice, meaning there were three elections in which he was ineligible to stand. He is the third member of the 2016 Senate to have had their election ruled ineligible, after Bob Day and Rod Culleton were barred last year.

The Greens senator said he was unaware that he still held New Zealand citizenship, putting it down to a simple mistake.

"I was naturalised [to Australia] in my mid-teens. At that point I thought you leave New Zealand citizenship behind. That is an avoidable oversight 10 years ago, that is something that it is entirely my responsibility," he said.

Day and Culleton were initially open to pursuit by the federal government to have their salaries and entitlements paid back, but those men were eventually given leeway by the government and were not required to pay those funds back. Ludlam said he hoped he would be given the same dispensation.

"We will petition them if they come after us for the kind of relief that was offered to senators Day and Culleton," he said.

Ludlam's Greens colleagues paid tribute to him on Twitter.

Greens leader Richard Di Natale said he was "devastated" by the news.

"Scott's decision today to deal with this issue directly and immediately shows his absolute integrity and character. As a colleague, Scott has been an outstanding member of the Parliament and of the Greens. He has been a strong representative for the people of WA and the nation on a range of issues from the anti-nukes movement, digital rights, housing and homelessness and so many others," he said in a statement.

"In the coming days and weeks we will finalise what this means in terms of Scott's vacated seat. In the meantime, let's reflect on the tremendous contribution that Scott has made to this nation and to the Greens."

More to come.

Click below to follow HuffPost Australia Politics on Facebook!</s>Late this afternoon, West Australian Greens Senator Scott Ludlam announced via his official Facebook page his resignation from parliament.

You can read it here.

Below is the message Ludlam posted… and we’ll bring you more info as the story develops.

Recently it was brought to my attention that I hold dual citizenship of Australia and New Zealand. Under Section 44 of the Australian constitution I am therefore ineligible to hold elected office in the Federal Parliament.

I apologise unreservedly for this mistake. This was my error, something I should have checked when I first nominated for preselection in 2006. I have no wish to draw out the uncertainty or create a lengthy legal dispute, particularly when the Constitution is so clear. I am resigning as Senator for Western Australia and Co-Deputy Leader of the Australian Greens, effective today.

I am personally devastated to learn that an avoidable oversight a decade ago compels me to leave my colleagues, supporters and my wonderful team. You are the people who entrusted me as your candidate and sent me to parliament, and you are the people who turned out in force as we fought an unprecedented by-election in 2014. You supported me through the challenges of the past year and gave me the strength to return to the political arena. You know who you are, and I’ll never forget your support.

I was born in Palmerston North New Zealand, left the country with my family when I was three years old, and settled in Australia not long before my ninth birthday. I was naturalised when I was in my mid-teens and assumed that was the end of my New Zealand citizenship.

I’ve been incredibly fortunate to serve these past nine years in the Australian Senate. The scruffy kid who cut his teeth at the Jabiluka uranium blockade was honoured last week to speak in the United Nations plenary on the historic nuclear weapons ban. It’s not a bad way to go out.

The Australian Greens will continue to be strong advocates for a cleaner, greener and fairer Australia. I’ll find a way to continue making a contribution in some different capacity, but thank you all for sharing this remarkable ride with me.</s>The Australian Greens senator Scott Ludlam is resigning after it emerged that he holds dual citizenship with New Zealand. Ludlam’s dual citizenship status is likely to breach the constitution and renders his re-election invalid. He described the mistake as an ‘avoidable oversight’ that was ‘entirely my responsibility’ and said: ‘It wasn’t the way I was hoping to go out’</s>WA Greens senator Scott Ludlam has resigned after realising he has been ineligible under the Constitution to sit as a senator for the past nine years because he holds dual citizenship.</s>New Zealand-born Australian Greens senator Scott Ludlam is leaving federal parliament after finding out he was improperly elected more than a decade ago.

Scott Ludlum resigned from parliament after it was discovered he holds dual Australian/New Zealand citizenship.

The party's co-deputy leader recently discovered that he holds dual citizenship with New Zealand. Under section 44 of the constitution, that makes him ineligible to hold office.

Senator Ludlam labelled it a "ridiculous oversight". "I apologise unreservedly for this mistake," he said yesterday.

"This was my error, something I should have checked when I first nominated for preselection in 2006."

Instead of going through protracted legal proceedings, he is resigning as a senator for Western Australia and co-deputy leader of the Australian Greens.

Senator Ludlam was born in Palmerston North and left New Zealand with his family when he was three.

He settled in Australia not long before his ninth birthday, before being naturalised when he was in his mid-teens. "(I) assumed that was the end of my New Zealand citizenship," he said.

"It is entirely my responsibility - it wasn't the way I was hoping to go out."</s>Scott Ludlam, co-deputy leader of the Federal Greens and perhaps the strongest advocate for the video game industry in Australia, has resigned from his party and the Federal Parliament effective immediately.

The former senator announced his resignation after being informed that he was ineligible for elected office. According to a statement published on his Twitter, Ludlam has a dual Australian-New Zealand citizenship, thereby disqualifying him from standing for a seat in the Federal Parliament.

"This was my error, something I should have checked when I first nominated for preselection in 2006," Ludlam announced on Twitter. "I have no wish to draw out the uncertainty or create a lengthy legal dispute, particularly when the Constitution is so clear," he added.

The full statement can be viewed below.

The question of citizenship has come up in the Australian parliament before, with people questioning former Prime Minister Tony Abbott in recent years over whether he had renounced his British citizenship. Former Prime Minister Julia Gillard was also required to renounce her dual citizenship before standing for parliament, while Jackie Kelly in 1996 was forced to recontest her seat in 1996 after it was revealed that she was a dual citizen.</s>Scott Ludlam may be forced to pay back $1.6million in wages he received during his time as Greens Senator after it was revealed he 'forgot' he held dual New Zealand-Australian citizenship.

The party's co-deputy leader said it was recently brought to his attention that he holds dual citizenship of Australia and New Zealand.

Under section 44 of the constitution, that makes him ineligible to hold elected office.

Mr Ludlam said he could not afford to pay back the money, but was confident it would not get to that point.

'It's going to be millions of dollars and my total assets amount to a fast computer and some nice shoes,' he told the ABC.

Ludlam's Kiwi citizenship, resulting in his shock resignation, was exposed by Perth Perth barrister Dr John Cameron, The Daily Telegraph reported.

The highly regarded barrister obtained proof Senator Ludlam still holds New Zealand citizenship and is ineligible for politics in Australia.

It is understood Mr Cameron obtained documents not publicly available from New Zealand Authorities.

'I apologise unreservedly for this mistake,' he said in a statement on Friday.

'This was my error, something I should have checked when I first nominated for preselection in 2006.'

Instead of going through protracted legal proceedings, he is resigning as a senator for Western Australia and co-deputy leader of the Australian Greens.

Senator Ludlam was born in Palmerston North in New Zealand and left the country with his family when he was three.

He settled in Australia not long before his ninth birthday, before being naturalised when he was in his mid-teens.

'(I) assumed that was the end of my New Zealand citizenship.'

'It is entirely my responsibility - it wasn't the way I was hoping to go out.'

Senator Ludlam took to Twitter after his announcement to apologize once again.

'Hey everyone. I'm sorry about this, but it's a thing. I'll really miss it, but there are other ways to make trouble. Love and thanks.'

Greens leader Richard Di Natale said he was devastated at the news, but Senator Ludlam's decision to deal with the issue directly and immediately showed his integrity and character.

'Scott has been an outstanding member of the parliament and of the Greens,' he said in a statement.

'He has been a strong representative for the people of WA and the nation on a range of issues.'

He lauded Senator Ludlam's intelligence on issues from digital rights to homelessness.

'He will continue to be a champion of the Greens movement and a dear friend.'

The Senate is expected to refer the matter to the Court of Disputed Returns, which the Greens think will call for a countback of votes from the 2016 election.

University student Jordan Steele-John, 21, has been touted the frontrunner to take the vacant seat.

Mr Steele-John, who has cerebral palsy, had to give up his British citizenship to run for parliament back in 2013.

Senator Ludlam is the fourth senator to leave the upper house this parliamentary term.

Bob Day and Rod Culleton were both ruled ineligible for constitutional reasons, while Liberal senator Chris Back resigned.

In October, Mr Day resigned as a Family First senator for South Australia after it emerged the former company director's building company had gone bust, making him a bankrupt and therefore ineligible to be in parliament.

Mr Day's Home Australia group of companies has been placed into liquidation, halting construction on 207 new homes in SA, Western Australia, Queensland, Victoria and NSW.

He also had a commercial interest in his Adelaide electorate office, breaching Section 44 (5) of the constitution, which bans federal members of parliament from having a financial contract with the Commonwealth.

In January, the High Court ruled that former One Nation senator for Western Australia Rod Culleton's election to parliament was invalid because he had been charged with stealing a $7.50 truck key.
Deputy Leader of the Australian Greens Scott Ludlam resigns as a Senator after discovering that he holds dual citizenship with New Zealand, making him electorally ineligible under Section 44 of the Constitution of Australia.