Ex-PM undermined responsible govt: Aussie Solicitor-General

SYDNEY • Australia's Prime Minister Anthony Albanese yesterday said advice from the Solicitor-General showed his predecessor Scott Morrison's secret appointment to ministries during the Covid-19 pandemic "fundamentally undermined" responsible government, despite being legally valid.

The advice from the country's second-highest law officer was a "very clear criticism" of the implications for Australia's parliamentary democracy, Mr Albanese told reporters.

Mr Albanese said his Cabinet had agreed "there will be a need for a further inquiry" into the matter, to answer questions on how the unprecedented assumption of power occurred and the need for reform.

"Scott Morrison owes the Australian people an apology for undermining our parliamentary democracy system of government that we have - something that can't be taken for granted," Mr Albanese said.

Mr Morrison, who stepped down as leader of the Liberal Party after losing a general election in May, has faced a barrage of criticism from the Labor government and his own party, after it was revealed that he was sworn in to ministries without telling Parliament or his Cabinet.

In the written advice, the Solicitor-General was critical that Mr Morrison's appointments to the ministries were not made public, saying it was inconsistent with the system of responsible government prescribed by the Constitution.

"That is because it is impossible for Parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the ministers who have been appointed to administer those departments is not publicised," it said.

Mr Morrison said he had acted in good faith to "protect Australia in the face of multiple crises".

The Solicitor-General had said his ministerial appointments were valid and there was "no consistent practice" to gazette such appointments, Mr Morrison said in a statement on Facebook yesterday.

The Solicitor-General's advice would "help guide any changes in these areas", the former prime minister, he added, in a lengthy defence of his actions.

Three ministers were unaware that Mr Morrison shared power over their ministries of home affairs, treasury and finance until last week. Mr Morrison said he intervened in only one ministry, resources, to block an offshore gas project. The decision is now being challenged in court by the resources company.

The Solicitor-General's advice was that Mr Morrison's appointment to the resources ministry was legally valid. It also found the Governor-General "has no discretion to refuse to accept the Prime Minister's advice in relation to such an appointment".

The Governor-General, as largely ceremonial head of state, had approved Mr Morrison's appointment to the ministries, on Mr Morrison's advice, but there was no public swearing-in ceremony.

Mr Morrison said last week the coronavirus pandemic was an extraordinary time and he secretly took on the ministries because he felt responsibility for the nation was his alone.

REUTERS