Stuart Ayres did not breach the ministerial code of conduct, inquiry finds

Stuart Ayres has been cleared of wrongdoing in John Barilaro’s appointment to a plum New York trade role, which could clear the way for him to return to cabinet.

Former state minister Stuart Ayres could return to cabinet after an “emphatic exoneration” cleared him of any wrongdoing over his involvement with John Barilaro’s appointment to a plum New York trade role.

But it could be months before he’s back on the front bench with Premier Dominic Perrottet understood to be considering him for any reshuffle later this year.

The review, by high-profile former barrister Bruce McClintock, has found that Mr Ayres complied with his obligations regarding “lawful directions to the public service” and conflicts of interest.

“I do not consider that Mr Ayres breached the Ministerial Code of Conduct,” Mr McClintock concludes.

On the question of whether Mr Ayres unlawfully directed his department secretary Amy Brown during the recruitment process, Mr McClintock said:

“There is no basis for any conclusion that Mr Ayres breached clause 6 of the Code by directing or requesting any person to act contrary to the law or any of the other matters referred to in that clause,” he said.

John Barilaro is questioned during the inquiry into the appointment as Senior Trade and Investment Commissioner to the Americas. Picture: Gaye Gerard / NCA Newswire

Mr McClintock also said that Mr Ayres did not breach conflict of interest requirements.

“It is true that Mr Ayres and Mr Barilaro … had been Cabinet and Parliamentary colleagues for some years, but there does not appear to have been any other relationship or connection between two men.”

Stuart Ayres. Picture: David Swift

Mr Ayres said the report is “unequivocally clear” that he acted appropriately.

The review was commissioned after an earlier inquiry – which did not speak with Mr Ayres – raised questions over whether Mr Ayres breached the Ministerial Code of Conduct.

The report clears the way for Mr Ayres to return to cabinet, after Premier Dominic Perrottet left the door open to promoting the former minister back onto the frontbench if he was cleared of wrongdoing.

“It makes it clear that I acted lawfully, honestly, and had no conflict of interest,” Mr Ayres said.

“As the Premier described it to me after I was presented with a copy of the report ‘it is an emphatic exoneration’.”

Mr Perrottet acknowledged the report in a brief statement, which noted that it cleared Mr Ayres of wrongdoing.