Australian PM Orders Legal Inquiry Into Former PM's Ministerial Holdings

[Webster]

(The Guardian) The prime minister, Anthony Albanese, has ordered for his department to seek legal advice over the former prime minister Scott Morrison’s decision to secretly appoint himself as minister of health, finance and resources at various times in office.

Keith Pitt, the former minister for resources, said he was unaware Morrison had joint oversight of his portfolio but on ABC Radio earlier this morning would only go so far to say it was “unusual”. He wouldn’t be pressed to say more because the matter is now before the court.

(Guardian Australia's) Sarah Martin and Lisa Cox report: Scott Morrison’s decision to use extraordinary ministerial powers to block the controversial Pep11 gas exploration licence off the coast of NSW is being challenged in the federal court, with the proponent accusing the former prime minister of “bias” that denied procedural fairness. Federal court documents obtained by Guardian Australia also suggest that Morrison’s decision to block the permit renewal as the joint decision-maker came despite the National Offshore Petroleum Titles Administrator (Nopta) recommending in April 2020 that the exploration project’s licence be extended.

Pitt also accused Albanese of “playing politics” over the investigation into Morrison’s ministerial appointments. Albanese will be appearing on ABC Radio shortly after 7.30 and we will bring you his comments.

The former prime minister Malcolm Turnbull called the news sinister and appalling last night on ABC’s 7.30: I’m astonished that Mr Morrison thought he could do it, astonished that prime minister and cabinet went along with it. I’m even more astonished that the governor general was party it to. This is sinister stuff.

The Independent MP Helen Haines is also among those voicing their alarm. She said on ABC Breakfast News this morning that Australians “deserve an explanation” over what she says is an “astonishing set of circumstances.”

 

[Webster]

(The Guardian) 'There may well be more': Albanese on Morrison’s secret ministries
“There may well be more” ministries that Scott Morrison had himself secretly sworn into, prime minister Anthony Albanese says, as he flags further disclosures on the unprecedented arrangements today.

Albanese said he got one legal briefing from his department yesterday, and will get another this morning, after reports Morrison was sworn in as minister for finance, health and resources through the pandemic. “I’ll be having more to say,” he told Radio National this morning.

Asked if there may be other ministries that Morrison was sworn into (as has been alluded to in some media reports), Albanese said: “There may well be more.”

---

Nationals leader says Morrison needs to provide an explanation
Reactions continue to come in after revelations the former prime minister Scott Morrison secretly swore himself in as joint minister for three portfolios.

As the prime minister Anthony Albanese continues to discuss the matter on ABC Radio, the Nationals leader David Littleproud appeared on ABC Breakfast News a little earlier saying Morrison needs to provide an explanation. -- It is important that Mr Morrison gives an explanation, so that there’s clarity. There’s understanding. The institution of cabinet is a very important one, and part of the executive government of the democracy that we hold dear. And so it’s important that there is trust within that institution, particularly cabinet. And that’s why I think the best thing that could happen now is Mr Morrison gives an explanation and clarity around the decisions that he made around signing himself into the three portfolios.

 

[Webster]

(The Guardian) Morrison says ministry appointments were ‘safeguards’ in ‘unprecedented’ times
The former prime minister Scott Morrison is appearing on 2GB after revelations he appointed himself to several ministries in secret while in government.

Morrison says his appointments to three cabinet roles were “safeguards” during “unprecedented” times.

Asked about why he was not upfront about these appointments, Morrison responded: All ministers know their direct powers are matters between the prime minister and them not the cabinet. These were not issues that were subject to cabinet.

 

[Webster]

(The Guardian) What does the revelation of Morrison being sworn into a fourth ministry mean?
AAP earlier reported that Scott Morrison had himself sworn into the social services portfolio last year. Morrison has disputed this, saying he had no recollection of that, in his 2GB interview earlier. Let’s go through this.

An administrative arrangements order, dated 28 June 2021 and signed by both Morrison and the governor general David Hurley, sets out a small number of changes of responsibility among ministers. On that document, it notes that the prime minister had taken over administration of the “Social Security Act 1991, insofar as it relates to Australian Government Disaster Recovery Payment and the Disaster Recovery Allowance”, and the “Social Security (Administration) Act 1999, insofar as it relates to Australian Government Disaster Recovery Payment and the Disaster Recovery Allowance”.

The AAO shows that those powers were actually held by the home affairs minister previously – not the social services minister. The document also specifically says the social services minister has power over most of the Social Services Acts. The document doesn’t exactly prove that Morrison took on social services minister roles, just that he was given administration of one part of that portfolio’s legislation, which was actually previously a power of the home affairs minister.

Morrison told 2GB that he didn’t recall being sworn in as social services minister, but that he was “pursuing” such questions: “I’m happy if there are other (portfolios) to be out there.”

In an ABC Melbourne interview, the PM Anthony Albanese said he too was not aware of Morrison taking on social services, but flagged: “I’ll be receiving a briefing this morning shortly. And I’ll have more to say later this morning.”

 

[Webster]

(The Guardian) ‘Trumpian’: Zali Steggall on Morrison’s many hats
The independent MP for Warringah, Zali Steggall, has said she is “very concerned by the lack of accountability and transparency” in Scott Morrison’s decision to be appointed to extra portfolios including finance, resources and health.

Steggall told Guardian Australia that Morrison’s “spin” in describing the move as a safety check in pandemic times “doesn’t explain the secrecy”.

Steggall wants more information on the attorney general’s role, whether solicitor general’s advice was obtained and the governor-general’s “involvement” in the decision not to make the appointments public. She said: It seems to be part of a Trumpian desire to turn the prime minister into a presidency, where the PM would gain ultimate say on decisions and the ability to override ministers.

Steggall noted Anthony Albanese has referred the matter for investigation, but suggested the question of whether it should be referred to parliament’s privileges committee is “live” - it “needs to be looked at”.

Steggall said she is concerned by the potential local impact, because the proponent of the Pep11 gas development is challenging the validity of the rejection in court, and “the secrecy may advance an argument for the company challenging the decision”. She would be “incredibly annoyed” if Morrison’s role helped the company get the decision overturned.

 

[Webster]

*dusts off thread*

(The Guardian) Morrison’s actions ‘inconsistent with the conventions’ but valid, solicitor general says
Here are some standout quotes from the solicitor general’s opinion on the validity of the appointment of Scott Morrison to administer the Department of Industry, Science, Energy and Resources. -- The fact that the parliament, the public and the other ministers who thereafter administered DISER concurrently with Mr Morrison were not informed of Mr Morrison’s appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government.

It would have been a clear breach of the applicable conventions for the governor general to decline to accept and act upon the prime minister’s advice. That is so whether or not the governor general was aware that the appointment would not be published.

The fact that there was no notification to the public, the parliament or the other ministers administering DISER of Mr Morrison’s appointment on 15 April 2021 does not invalidate that appointment. Plainly enough, it is impossible for the parliament to hold ministers to account for the administration of departments if it does not know which ministers are responsible for which departments.

---

‘Principles of responsible government are fundamentally undermined’: solicitor general
The solicitor general’s opinion on the validity of the appointment of Morrison to administer the Department of Industry, Science, Energy and Resources was that the public and parliament not being informed fundamentally undermined the principles of responsible government. -- The capacity of the public and the parliament to ascertain which ministers have been appointed to administer which departments is critical to the proper functioning of responsible government, because it is those appointments, when read together with the AAO [Administrative Arrangement Orders], that determine the matters for which a minister is legally and politically responsible.

To the extent that the public and the parliament are not informed of appointments that have been made under s64 of the Constitution, the principles of responsible government are fundamentally undermined.

An unpublicised appointment to administer a department therefore fundamentally undermines not just the proper functioning of responsible government, but also the relationship between the Ministry and the public service.