Hanson alleging Fatima Payman in breach of section 44 ends with Thorpe giving Senate the finger

An extraordinary row has erupted in the Senate as Pauline Hanson attempted to have Fatima Payman investigated for an alleged section 44 citizenship issue, with Lidia Thorpe throwing papers at the One Nation leader and flipping her middle finger as she stormed out of the chamber.

The Senate president, Sue Lines said, she had advised the Parliamentary Workplace Support Service of the incident between Hanson and Thorpe this morning, saying she was “incredibly disappointed” in the behaviour which she described as “physically threatening”.

Payman, the former Labor senator turned independent, was born in Afghanistan. Hanson alleged Payman had not provided enough documents to prove she had revoked that citizenship, and on Wednesday morning attempted to table her own documents relating to her attempt to refer the issue for investigation.

Section 44 of the federal constitution forbids politicians from having more than one citizenship, stating that a person is ineligible to sit in parliament if they are “under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power”.

In the documents Hanson was eventually allowed to table, the Senate president, Sue Lines, rejected the attempt to have Payman’s eligibility investigated, saying Hanson’s bid hadn’t met the requirements. Line also wrote the Senate resolved to only look into information a senator had failed to disclose.

According to Payman’s April 2022 register of qualifications on the parliament’s website, she said she was born in Afghanistan, as were her parents and grandparents. In response to the question “are you now a subject or citizen of any country other than Australia”, Payman checked “yes”, noting Afghanistan.

In an attachment to the form, Payman wrote that she had approached the embassy of the Islamic Republic of Afghanistan in October 2021 to renounce her citizenship. She claimed the embassy had informed her she had fulfilled all the steps to renounce her Afghan citizenship, but that due to the new Taliban government in Kabul, the embassy said “my application for renunciation could not be finalised”.

In response to Hanson’s bid, Payman accused her of racism in a tense confrontation between the two crossbench senators.

“You’re not just vindictive, mean, nasty. You bring disgrace to the human race,” Payman alleged to Hanson.

“How do you live with yourself, Senator Hanson, with such violent hatred?”

Payman later withdrew the comments.

Later in the day, a Senate motion from Hanson to formally refer Payman’s citizenship for investigation was resoundingly defeated, 35-3. Only Hanson, party colleague Malcolm Roberts, and UAP’s Ralph Babet voted for it, while Labor, Greens, Coalition and other crossbench members voted against.

Hanson’s fellow One Nation senator Malcolm Roberts was one of 15 federal politicians who stepped down from parliament in 2017 and 2018 as the section 44 eligibility crisis gripped Australian politics. Roberts was ruled ineligible by the high court due to his British citizenship.

The Greens and crossbenchers opposed Hanson’s attempt to table the documents, while Labor and the Coalition backed the vote because it was a procedural motion.

The finance minister, Katy Gallagher, said they wanted the matter dealt with quickly, noting the opposition to the motion meant it had been debated for 30 minutes in a “destructive debate which didn’t need to happen”.

“That doesn’t mean in any way we support what Senator Hanson has been corresponding with the president of the Senate, but she does have the right to table information relating to that,” Gallagher said. “This is ridiculous.”

After the vote, which allowed Hanson to table the documents, Thorpe could be heard making remarks as the tellers counted the vote. Afterwards, Thorpe appeared to rip up a paper copy of Hanson’s motion and threw it in Hanson’s direction. Some pieces of the paper appeared to hit Hanson.

Shortly after, Thorpe walked out of the chamber, holding up her middle finger.

Later on Wednesday, Lines said she was unhappy with the interaction.

“It is incredibly disappointing that three years into the implementation of the recommendations of the Jenkins review, senators appear all too ready to descend into disorder rather than seeking to conduct themselves in a safe and respectful manner. We must do better,” she said.

“Physically threatening behaviour will not be tolerated. It is up to each and every senator in this place to find ways to take the heat out of the chamber.”

One Nation’s party headquarters sent an email to supporters on Wednesday afternoon alleging Hanson had been “physically assaulted” in the altercation with Thorpe.

Thorpe’s office was contacted for response to Lines’ statement and One Nation’s email.

In the Senate, Payman referred to the efforts she had taken to renounce the citizenship.

“Senator Hanson has worn the burqa in this place. Maybe it’s time that she pack her burqa and go to Afghanistan and talk to the Taliban about this,” she said.

“I kept on giving you the benefit of the doubt, Senator Hanson, despite your repetitive attempts to be [allegedly] racist to anyone who does not look like you.”

Hanson objected and Payman was asked, and agreed, to withdraw the comments about alleged racism.

Hanson claimed in a written statement after the debate that “the tough standards applied to elected representatives during the 2017 eligibility crisis had not been applied to Payman”.

“Try as they might, however, they can’t wish this matter away. I’m not the only one in parliament questioning the surprising lack of documents in Payman’s disclosure supporting her claim she took reasonable steps to renounce her Afghan citizenship.”