A McGowan Government minister has admitted he used his British passport on a recent holiday in Europe, potentially exposing him to a little-known dual citizenship clause in WA’s constitution.

Corrective Services Minister Fran Logan, who last week had to cut his holiday short to deal with the Greenough prison riots and escape, told 6PR this afternoon he had used his UK passport to get past queues waiting to get into the European Union while overseas.

“I use my Australian passport in terms of leaving WA and coming back to WA, and I use my UK passport to get past the queues and straight into the (European Union),” Mr Logan said.

“The advice I have received from the State Solicitor is that’s fine.

“I’ll be guided by the advice I’ve been given by the State Solicitor’s office.”

While the clause in the constitution allows for dual citizens to sit in State Parliament, it prohibits MPs from taking actions which acknowledge foreign allegiances, “whereby he may become a subject or citizen of any foreign State or become entitled to the rights, privileges of such State”.

A debate about the clause started after Murdoch University law lecturer Lorraine Finlay wrote an opinion piece suggesting State MPs who are dual citizens and use or renew their non-Australian passports could fall foul of the clause.

Ms Finlay, who has tempered her comments by saying her interpretation has not been tested in the Supreme Court, has flagged cases involving Liberal MP Tony Krsticevic and Greens MP Diane Evers as potentially breaching the Constitution.

While Mr Krsticevic’s decision to apply for a Croatian passport in 2009 is no longer a breach, Ms Finlay said Ms Evers’ use of her US passport to get into that country could clash with the clause.

The State Government has rejected Ms Finlay’s interpretation of the clause after receiving advice from Solicitor General Peter Quinlan, who argues only MPs who have sought a second citizenship while elected would be disqualified.