Attorney-General George Brandis and Solicitor-General Justin Gleeson face public hearing over row
AN inquiry into the stoush between Attorny-General George Brandis and Solicitor-General Justin Gleeson has turned nasty, with one MP being told to ‘go back to China’.
ATTORNEY-General George Brandis has told a Senate inquiry he “stands by every word”, maintaining his position Solicitor-General Justin Gleeson was consulted in relation to critical legal advice.
During his opening statement at a parliamentary inquiry today, the Attorney-General said he was “shocked” Mr Gleeson did not inform him he had a “critical conversation” with shadow attorney-general Mark Dreyfus during the election campaign about changes to the way he was briefed.
Senator Brandis said he became aware “for the first time this morning” that Mr Gleeson had spoken with Mr Dreyfus about the issue.
“I consider he ought to have done so (informed me) and I am shocked,” he told the Senate inquiry this afternoon.
“I could not imagine why Mr Gleeson chose not to reveal his dealings with the opposition during the election campaign.”
The top two government lawyers are fronting a legal and constitutional affairs committee hearing in Canberra over allegations Senator Brandis failed to consult Mr Gleeson over a controversial new directive ruling that no-one in government, including the prime minister, could seek the Solicitor-General’s advice without first obtaining written permission.
BRANDIS DIRECTIVE ‘RADICAL’
During his appearance, Mr Gleeson said the direction was “unprecedented” and was making the job of running his office “extremely difficult”.
“What is currently contained in the direction issued on 4 May has never previously existed between Attorney-General and Solicitor-General in Australia since 1916,” he said.
“It is a radical change in the practice, whereby a Solicitor-General can do nothing, cannot even speak to a lawyer until he has received a brief with a signed consent.”
“Do I lie awake at night and think, reading this direction literally, the Attorney-General could seek an injunction against me to restrain me performing my office? I do.”
It wasn’t the first time tensions boiled over during the hearing.
After facing several interjections from Liberal senator Ian Macdonald, Mr Gleeson lashed out at the senator for bringing his daughter into the proceeding.
Senator Macdonald referred to law professor Gabrielle Appleby, who wrote a book on the role of a solicitor-general. He said she was “a very good friend of your (Gleeson’s) daughter”.
Mr Gleeson asked the comment be struck from the record, saying his daughter and family had “nothing to do with these terms of reference”.
Senator Macdonald was later asked to withdraw his statement after telling Mr Gleeson: “If you want to get into the political game, join the Parliament.”
When Labor senator Sam Dastyari tried to give his two cents’ worth, Liberal-National senator Barry O’Sullivan said he should “Go back to China”.
Senator Dastyari hit back with this tweet:
The bullying of Mr Justin Gleeson SC is deplorable. We saw this happen to Jillian Triggs. #BrandisGleeson
— Sam Dastyari (@samdastyari) October 14, 2016
Liberal senator Barry O’Sullivan said Mr Gleeson must have known he would cause a “political sh-tstorm” by approaching the shadow attorney-general about changes to the way he was briefed.
“Mr Gleeson, you must have known - when you set the telephone back into the receiver after talking with Mr Drefyus - that in the words of (colourful former Liberal senator) Bill Heffernan you were just about to create a political sh-tstorm of a size that would suck you in,” Senator O’Sullivan said.
“Why wouldn’t you advise the attorney that that was coming?”
Mr Gleeson told the hearing he thought the right thing to do was honestly answer Mr Dreyfus’ question.
“I did not think that was playing into a political matter,” Mr Gleeson said.
Senator Brandis claimed he consulted the Solicitor-General over controversial changes regarding how Mr Gleeson can provide legal advice during an hour-long meeting at his Canberra office on November 30.
As the row between the two lawyers comes to a head, Prime Minister Malcolm Turnbull today said he expected the stoush would be resolved “eventually”.
Mr Turnbull said he had faith Senator Brandis and Mr Gleeson “supported each other”.
“I am sure whatever differences or misunderstandings will be resolved,” Mr Turnbull told reporters in Canberra on Friday.
Also this morning Senator Macdonald unsuccessfully requested the inquiry be held in secret.
Labor moved an urgency motion on Monday over the feud, claiming Senator Brandis had “failed to uphold the standards expected of the First Law Officer of the Commonwealth” by “undermining public confidence within legal administration within the government”.
Shadow attorney-general Mark Dreyfus and Penny Wong, leader of the opposition in the Senate, have both called on Senator Brandis to resign.
Ms Wong accused him of trying to shut down the solicitor-general as a source of independent advice while trying to deceive parliament into thinking Mr Gleeson was on board with the changes.
Mr Dreyfus said Senator Brandis had stated in a formal document tabled in Parliament that he had consulted Mr Gleeson about the making of the Legal Services Direction, which he claimed was untrue.
Why Sydney Harbour Bridge could be closed
Protesters will march across Sydney Harbour Bridge to send a “powerful message”, setting the stage for a potential showdown with police.
‘Not guilty’: Update on Netflix croc wrangler
Netflix star Matt Wright has denied attempting to pervert justice over a fatal helicopter crash that killed his co-star Chris Wilson in remote Arnhem Land.
Fury as elite Sydney school tries to buy street
Locals have accused a prestigious Sydney school of trying to “dominate” the neighbourhood over its offer to buy part of a public road from council.