Scott Morrison reacts to legal advice over secret power grab

Scott Morrison has responded to a report about his secret ministerial power grab. Read the legal advice in full.

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”.

Legal advice about former PM Scott Morrison’s secret ministerial appointments is set to be delivered to cabinet. Picture: AFP

“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.

Mr Morrison didn’t break the law with his ministerial power grab but his secrecy “fundamentally undermined” the principles of a responsible government, the solicitor-general has found.

The legal advice prepared by Australia’s solicitor-general Dr Stephen Donaghue QC into the former prime minister’s jobs scandal was released on Tuesday morning.

Mr Morrison secretly appointed himself as the joint Minister in the health, finance, treasury, home affairs, and industry, science, energy and resources portfolios over a period of two years during the Covid-19 pandemic.

Prime Minister Anthony Albanese last week asked Dr Donaghue to prepare the advice after the bombshell revelations were reported in the media.

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.

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.

Prime Minister Anthony Albanese addresses media about Scott Morrison secret jobs saga. Picture: Gary Ramage

The Prime Minister said there were a range of different options available to the government.

“But it is agreed that it ... it needs to be not a political inquiry but an inquiry with an eminent person with a legal background to consider all of the implications,” he said.

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

Read the Solicitor-General Dr Stephen Donaghue QC’s legal advice in full below:

Earlier, Deputy Prime Minister Richard Marles said Mr Morrison should face “severe” political consequences.

Mr Marles said the former prime minister had treated the Australian people with contempt.

“We need to look at the legality of this obviously, but whatever the legality of this is, the political consequence of this should be severe,” he told Sky News on Tuesday morning.

Mr Marles says Scott Morrisons should face severe consequences. NCA NewsWire / David Mariuz

But Mr Marles said the consequences for Mr Morrison’s actions lay with the Liberal Party.

“That is a question for the Liberal Party and I want to see what Peter Dutton thinks should be done here,” he said.

The prime minister, who was “shocked” by the revelations that came to light last week, has flagged he may opt for an inquiry into the issue.

He is facing pressure from within Labor to tighten ministerial powers, reports The Australian.

It comes as Governor-General David Hurley, who signed off on Mr Morrison’s moves, called for a “more transparent process” to ensure any future ministerial appointments are made public.

“The Office of the Official ­Secretary to the Governor-General is not responsible for publishing these sorts of administrative appointments. In response to current media commentary, there is no secret or conspiracy in the ­office’s reporting,” a spokesman for Mr Hurley said on Monday.

“The office supports a more transparent process to ensure that any appointments made under section 64 are made public.”

BUSINESS SHOULD ‘BEWARE OF INDULGENCES’: LEY

Businesses should “proceed with caution” and “tread carefully” as they work with the new federal government on jobs and skills reforms, the opposition has warned.

Deputy Liberal leader Sussan Ley will use a major speech to warn business owners to be careful because “when this new government’s back is against the wall, and the pressures and stresses of competing interests emerge, you can be very confident of one thing – they’ll revert to type”.

Speaking to the Australian Chamber of Commerce and Industry (ACCI) on Tuesday, Ms Ley will say businesses should “beware of the indulgences they accommodate”.

Deputy Liberal leader Sussan Ley. Picture: AAP

“(The government) is not a friend of yours, is not a friend of your members, is not a friend of your businesses, this new government is not here to solve your challenges, they’re here to solve theirs,” she said.

Federal Liberal leaders have rejected an invite to the Albanese Government’s Jobs and Skills Summit next month, accusing Labor of not holding it in “good faith”.

“They’re going there for a photo-op, seeking consensus for a predetermined agenda they’re going to implement anyway,” Ms Ley will say.

“There’s no room for fresh ideas, or genuine engagement.

“They want sign-off for things that (the expenditure review committee) has already said yes to.”

Instead of attending the Summit, Ms Ley will travel to northern NSW to speak with businesses smashed by the recent floods, and hear from locals and councils who are still co-ordinating assistance for the community.

“As the debris receded and the flood waters halted, sadly, so has any interest from the federal government,” she will tell business leaders.

“The NSW Premier went there last week, but the Prime Minister hasn’t visited since being elected more than three months ago.”

Ms Ley will also take aim at Labor’s “broken promise” to cut electricity bills for households and businesses by $275.

“It’s not a promise he’s repeated for a while now and that’s because (Mr Albanese) knows it’s going to be Labor’s first broken promise,” she will say.

“We know Labor can’t take a single cent off electricity bills, that they can’t put an inch of downward pressure on inflation, and are powerless to bring down the cost of paying your mortgage.”

Originally published as Scott Morrison reacts to legal advice over secret power grab