Solicitor-General’s legal advice on Scott Morrison jobs scandal released

Scott Morrison has responded to bombshell legal advice from Australia’s Solicitor-General into his ministerial jobs scandal.

A defiant Scott Morrison has again defended his secret ministerial power grab after the solicitor-general said he had “fundamentally undermined” the principles of a responsible government.

The former prime minister says he has “reflected further” over the past week on his decision to secretly grant himself control of the health, finance, treasury, home affairs, and industry, science, energy and resources portfolios over a period of two years during the Covid-19 pandemic.

“I appreciate the concerns that have been raised in relation to these matters and regret any offence caused. To my colleagues I have expressed this directly,” Mr Morrison said in a 726-word Facebook post on Tuesday afternoon.

Mr Morrison made the statement in response to the legal advice prepared by Solicitor-General Stephen Donaghue QC into the jobs scandal, which was publicly released on Tuesday morning.

Dr Donaghue found Mr Morrison didn’t break the law with his ministerial power grab but his secrecy “fundamentally undermined” the principles of a responsible government.

Mr Morrison noted that Dr Donaghue found his appointments were “valid”.

Mr Marles says Scott Morrisons should face ‘severe’ consequences for his actions. NCA NewsWire / David Mariuz

“Given the serious crises facing Australia, I considered it prudent to put these authorities in place should they be necessary as a safeguard. The authorities granted were respected in the fact they were not exercised,” Mr Morrison said.

“In hindsight, some of these decisions will be reflected upon now and lessons learned.”

Mr Morrison didn’t elaborate on which decisions he would reflect on or what lessons he had learnt.

“I appreciate the concerns that have been raised in relation to these matters and regret any offence caused. To my colleagues I have expressed this directly,” he said.

The Australian people, the parliament and most of Mr Morrison’s cabinet colleagues were left in the dark about his actions until they were reported in the media last week.

Anthony Albanese last week asked Dr Donaghue to prepare the advice in the wake of the reports.

Dr Donaghue specifically examined Mr Morrison’s appointment to the industry, science, energy and resources portfolio.

He said he considered that his appointment was valid.

But Mr Morrison’s failure to alert the relevant ministers, the parliament or the public was inconsistent “with the principle of responsible government that is inherent in Ch II of the Constitution”.

Dr Donaghue said the undermining of responsible government didn’t depend on the extent to which Mr Morrison exercised his powers in the portfolio.

This is because Mr Morrison was both legally and politically responsible for the department’s administration and yet couldn’t be held accountable for the way he fulfilled that role.

Mr Morrison used his powers over the resources portfolio to overrule then minister Keith Pitt and block the controversial PEP-11 gas exploration project off the NSW coast in politically under-threat electorates.

Mr Morrison has claimed this was the only time he used his additional powers as a joint minister.

The advice from the Solicitor-General clears Governor-General David Hurley for his role in the affair.

Federal cabinet has agreed to hold a further inquiry into Mr Morrison’s actions after meeting on Tuesday morning to review the Solicitor-General’s report.

The Prime Minister said he wanted it to be a “quite expeditious inquiry” conducted independently by an “eminent person with a legal background”.

“I don’t want this to drag on. I want to get conclusions and then act on them,” Mr Albanese told reporters at Parliament House on Tuesday.

“This isn’t something that can be just dismissed.

“This is something that goes to our very system of government which the Solicitor-General’s advice makes clear.”

Mr Albanese said the inquiry would consider whether there were any other legal issues raised by Mr Morrison’s actions.

It would also look at future reform and make recommendations to “ensure that this doesn’t happen in the future”, Mr Albanese said.

“I can’t envisage that the government would not act on all of the recommendations which are made,” he said.

Mr Albanese said the Morrison government had “thrown out” the usual checks and balances the Westminster system imposes on Australia’s parliament.

Mr Morrison secretly appointed himself to five portfolios during the pandemic. Picture: Gaye Gerard / NCA NewsWire

Richard Marles earlier on Tuesday said Mr Morrison should face “severe” political consequences for his actions.

Speaking ahead of the release of the Solicitor-General’s advice, the Deputy Prime Minister said Mr Morrison had treated the Australian people with contempt.

The Opposition Leader last week said Mr Albanese’s public release of the legal advice was nothing more than an opportunity for the prime minister to criticise his predecessor.

“And I think most people, frankly, want to move on and start dealing with issues that are more important,” Mr Dutton told 2GB.

Mr Dutton and Nationals leader David Littleproud have promised to work “pragmatically” with the Albanese government to respond to the Solicitor-General’s advice.

Asked if Mr Morrison should resign from parliament, Mr Littleproud said it was a matter for the people of Cook.

“He was elected as a member of Cook. He was he was taken away as a prime minister by popular demand and he wasn’t given the job on the frontbench,” Mr Littleproud told the ABC.

“So I think that’s a matter for his electorate. He’s representing his electorate.”

Originally published as Solicitor-General’s legal advice on Scott Morrison jobs scandal released