James Morrow: Blaming tribunal and fixing directive should not take the heat off Giles

Making Andrew Giles immigration minister was always going to be like putting the Cookie Monster in charge of a healthy school lunch program. And predictably, it’s all ending in tears, writes James Morrow.

From the moment he was sworn in as the Albanese Labor government’s immigration minister, Andrew Giles’s card was marked as least likely to succeed.

After all, this is a guy who by his own admission was inspired to enter politics after helping would-be Afghan refugees who took over the MV Tampa in 2001.

Seen through this light, making Andrew Giles immigration minister was always going to be like putting the Cookie Monster in charge of a healthy school lunch program.

And predictably, it’s all ending in tears.

If it is, indeed, ending.

From the moment he was sworn in as the Albanese Labor government’s immigration minister, Andrew Giles’s card was marked as least likely to succeed. Picture: NCA NewsWire / Martin Ollman

And the fact remains, despite the multiple debacles that have included being caught on the back foot by a High Court decision that released criminal detainees into the community, and horrifying revelations about a ministerial direction that has forced the Administrative Appeals Tribunal to allow thugs and rapists to stay in the country if they can demonstrate connection to the place, Giles so far seems not for moving.

The announcement that the government will re-issue the controversial “Directive 99” does not undo the harm that was caused.

Nor does Labor’s plans to blow up the Administrative Appeals Tribunal and replace it with its own immigration review body (a cynic would say, to be stacked with ALP mates) solve the problem.

Blaming the AAT for following the rules the government set is just a deflection.

While Canberra is awash with rumours that Giles is on borrowed time and may only have a fortnight’s grace left in him he is still protected, at least for now, by Prime Minister Anthony Albanese’s goal of getting through his first term without losing a minister.

For Albanese, the aim is to show stability over all, and contrast himself to the previous Coalition government and particularly Scott Morrison’s secret self-appointment to a number of ministries during the pandemic.

For Albanese, the aim is to show stability over all. Picture:NewsWire / Monique Harmer

Yet this is – and not for the first time with this government – a case where it is stuck fighting the last battle rather than focusing on the one to come.

And history shows that protecting ministers, even incompetent ones, is not wise.

In his first term as prime minister, John Howard famously lost seven ministers in quick succession over breaches of the government’s code of conduct and went on to serve for a decade.

Getting through a term without losing one might be a badge of honour for Albanese but it may become a strictly academic exercise if it contributes to a sense this is a government that is too reactive when it comes to community concerns.

Right now Australians are rightly furious about criminals on their streets who should have been sent home, and they are blaming the government.

Ministerial responsibility means that Giles must fall on his sword, or be told to go.