Former attorney-general George Brandis has rubbished Peter Dutton's proposal to hold a referendum in order to deport criminal dual nationals, labelling it "as mad an idea as I have heard in a long time".

The opposition leader confirmed he would consider holding a national poll to change the constitution if elected at the coming federal election, after the High Court ruled that only judges, not politicians, could strip people of Australian citizenship.

Mr Dutton has previously criticised the government for spending hundreds of millions of dollars on the failed Voice referendum during a cost of living crisis, but defended his plan on the basis that the changes required constitutional change.

"I believe we should do everything within the law to make sure that we keep Australians safe," he told journalists in Perth on Tuesday afternoon, doubling down on comments earlier that morning.

"If the prime minister of our country is not capable of having a debate and a conversation about the options available to us to keep our country safe, then I don't think he's worthy of his office."

The issue goes back to 2015 when the Abbott government introduced legislation to allow ministers to strip dual nationals of their citizenship if they engaged in certain conduct, including terrorism offences.

A 2022 High Court decision found the legislation was unconstitutional because it was punitive in nature, which is the purview of the courts.

Currently, a politician must apply to a court to strip a dual national of their citizenship and it can only happen in limited circumstances.

Mr Brandis was on the Coalition's frontbench during the original debate, during which time he opposed the move, and recommended three of the High Court judges behind the 2022 decision.

"A referendum to overturn the High Court's decision has no chance of success," he wrote in an opinion piece for the Nine newspapers.

"If the idea is under discussion, it is a very bad one. Dutton should rule it out, and fast."

Prime Minister Anthony Albanese and Treasurer Jim Chalmers were equally dismissive of the surprise proposition, labelling it a "thought bubble" and "bizarre", respectfully.

"This has not been thought through. It is not clear where this has come from. Peter Dutton wants to talk about anything but cost of living," the prime minister said.

While the treasurer acknowledged that it was an "important issue", he accused the opposition leader of attempting to distract from his economic policies and "coming clean on his cuts".

"Last time he tried to impose these laws the High Court threw them out, and now he wants a referendum to fix his mistakes," Mr Chalmers told ABC News.

"We rewrote his broken laws to create a more robust system to keep our community safe. We've worked through it in a methodical, in a considered way. He, quite bizarrely, wants another referendum."

Coalition MPs downplay referendum prospect

Meanwhile, Coalition MPs sought to downplay the prospect of a referendum if they are elected, describing it as just one option on the table and a "last resort".

Shadow Treasurer Angus Taylor said it didn't amount to an election commitment in response to questions about whether it had been costed, telling journalists in Tasmania that the Coalition "haven't announced that policy".

"As Peter Dutton has already said this morning, all options are on the table," he said.

"What I will say is we'll do what it takes to keep Australians safe, and we're working on citizenship eligibility policies, and we'll have more to say about it in the coming weeks."

Later that afternoon, Shadow Energy Minister Ted O'Brien added that "any referendum is not part of our existing plan" and that it should be considered a last resort, echoing a similar statement from Shadow Attorney-General Michaelia Cash.

"But let's be very clear, we will do whatever it takes. And that's the message from Peter Dutton," he said.

Nationals MP Kevin Hogan could not say how many dual nationals had committed crimes like terrorism, telling ABC News that there's "certainly more than one".

"We know there's been some already because we already tried to deport them. I don't know the exact number off the top of my head," he said.

"We don't want them to stay and I don't think that's unreasonable."

But Shadow Infrastructure Minister Bridget McKenzie was more supportive of the proposal on Tuesday morning, telling ABC RN Breakfast that it was "absolutely appropriate to amend our Constitution so we can keen [sic] Australians safe".

"And I think our country is mature enough to have that debate," she said.

https://www.abc.net.au/news/2025-03-18/peter-dutton-referendum-bad-idea-george-brandis/105067550

 

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