Senator GALLAGHER (Australian Capital Territory—Manager of Opposition Business in the Senate) (09:31): by leave—I thank the Senate for the opportunity to speak today. I apologise to the Senate that my personal family circumstances have prevented me from dealing with this earlier. On 4 September this year, I provided a detailed statement to the Senate addressing concerns that had been raised about my citizenship status. In my statement to the Senate, I informed the chamber that I had completed an RN—renunciation of citizenship—form on 20 April 2016. I did this based on advice from the ALP legal team and out of an abundance of caution. As I have previously informed the Senate, the UK High Commission had previously advised me that I would need to make an application to obtain British citizenship by descent. The renunciation declaration, supporting information and the prescribed fee were sent to the UK Home Office by registered mail on 20 April 2016. On any measure, I took all reasonable steps to renounce any entitlement I might have had to British citizenship by descent. At the time, I received advice that the action I took was sufficient to make me an eligible candidate for election. On 16 August 2016, some 118 days after I renounced any right to British citizenship, I received confirmation from the UK authorities. It was also at that time, in August 2016, that the previous advice I had received from the UK authorities and had acted on in respect to the ACT Legislative Assembly and the Senate was clearly wrong—I had indeed received British citizenship from my father. Whilst I wish the matter of my renunciation had been dealt with more expeditiously in the UK, the delay had no bearing on the declaration of renunciation I made in April last year. I renounced prior to nomination and was eligible to stand at the 2016 election. Those opposite know that processing time varies. It took 118 days from the date of my signing and lodging the RN form to the date my renunciation was registered by the British Home Office. I note that this is far longer than the more recent cases for senators and MPs, where renunciation has taken two, three or four days because a special process has been put in place for them to renounce quickly. This special process was not available to me. Those opposite also know that I'm not the only member of this place to have submitted renunciation documents before nomination and to have received confirmation post election. Indeed, there are current senators sitting in this parliament who were in exactly the same position to me in previous parliaments. It is a matter of enormous regret to me that I was not correctly advised by UK authorities of my citizenship status ahead of my nomination to fill the casual vacancy in the last parliament. However, in relation to this parliament, my eligibility is clear. I have acted at all times on the legal advice available to me. More recently, I have taken further legal advice following the renewed questioning of my eligibility by the government after the High Court's decisions in Re Roberts and Re Canavan. The legal advice that I received from Dr Collins QC also draws on the expert opinion of Mr Berry from the London Bar. Dr Collins's opinion is that: … Senator Gallagher had, prior to the date for nominations for the 2016 election, taken all of the steps that were required to be taken by her (not just the reasonable steps required) under British law in order to renounce her British citizenship. I can assure the Senate that at no time have I received any advice to say that I am ineligible to sit as a senator in the 45th Parliament. I have acted at all times on information from the British High Commission, the British Home Office and the legal advice given to me. I can confirm again that I have no evidence or advice before me that would indicate a problem with my eligibility. Over the past few days, there have been reports that I, or Labor, were refusing to refer my case to the High Court. I have previously stated that I do not think there is a basis to refer my eligibility to the High Court for determination. I stand by that position. I have also said the referral would ultimately be a matter for the Senate. I stand by that position, too. This is as it should be. It is, however, clear to me that the government has decided I should be referred, despite having full access to all of my legal advice and expert reports for the past two days—a standard, I note, the government doesn't meet with their members of parliament on the matter of the disclosure register. I have not been provided with any information or copies of any legal advice from the government that justify the position they are taking towards me and on which they justify their hostile referral threats. It may be because such advice does not exist. In light of this, and conscious that the attacks on my legitimacy to sit as a senator will continue to be used by my political opponents, I have formed the view that my situation should be considered by the High Court, despite the lack of any legal advice indicating I have a problem that warrants referral. This is a decision I have taken individually and is based on my own individual circumstances. This statement today, the statement of 4 September, along with all the documents I have released as part of my disclosure, and the legal advice, indicates just how seriously I take my responsibilities to the Australian Senate and to the people of the ACT. I have provided more information than anyone on my citizenship status, and anyone who reads the full disclosures can see for themselves the difference in standard and content that exists across this side of the chamber. In conclusion, while I do not agree with the need for this referral, I do not resent it. The success and standing of the Australian Senate is bigger than all of us and should be focused solely on what we are able to deliver together for the Australian people. It is bigger and much more important than the circumstances of individual senators, and acting in a way that protects the reputation and legitimacy of and the confidence in our parliamentary institutions should always, in my humble opinion, be paramount. It is for this reason that I have asked for this referral motion to be moved today. Finally, I have advised the Leader of the Opposition that I am standing aside from my portfolio responsibilities within the shadow cabinet, as well as from the role of Manager of Opposition Business in the Senate, until my case is resolved by the High Court. I will not be making any further comment about this until my case is finalised. I thank the Senate.