Anthony Albanese announces inquiry into Scott Morrison’s secret ministries saga

Anthony Albanese has revealed fresh details about the inquiry into Scott Morrison’s secret ministries saga.

Scott Morrison will not be compelled to appear at an inquiry into his secret ministerial power grab but the Prime Minister has warned it would be “extraordinary” if he refuses to cooperate.

Anthony Albanese announced on Friday that a former High Court judge Virginia Bell will lead a formal inquiry into the affair to ensure it can “never happen again.”

Amid accusations it could descend into a “political witch hunt”, Mr Albanese confirmed today that the cabinet had decided not to compel Mr Morrison to appear and give evidence.

“We chose not to go down the road of a royal commission,’’ Mr Albanese said.

“We think this gets the balance right. But I would find it extraordinary if anyone refused to talk to a former High Court judge who is, I think, beyond reproach.

“I’m certain that this appointment will be seen for what it is and that people will cooperate by giving information. Certainly, public service will be required, and I don’t think it will require compulsion.

“But if it was the case that Virginia Bell felt like she was not getting the cooperation that was required, then I’m certain that other measures could be considered.”

Mr Albanese said a quick and appropriate inquiry “which is not about the politics but about how this happened, why it happened, who knew about it” was required.

“We need to have transparency in the process because our system of parliamentary democracy relies upon conventions, relies upon the Westminster system of checks and balances,’’ he said.

“The inquiry will make recommendations to the government on any changes which could provide greater transparency and accountability to ensure that this can never happen again, and to ensure that we have a system of government in this country that is transparent, where there are checks and balances, and where there is accountability.”

The attorney-general Mark Dreyfus said what had occurred was inconsistent with responsible government and that legal reforms may be required.

“The timing of the inquiry, which will report by 25 November, means that there will be a parliamentary sitting after that so that any changes that are required and recommended can be implemented, put to the parliament in the following sitting week,’’ Mr Albanese said.

News.com.au has contacted Mr Morrison’s office for a response to today’s announcement.

Scott Morrison will not be compelled to appear at an inquiry into his secret ministerial power grab. Picture: Gaye Gerard / NCA Newswire

News.com.au revealed on August 14 that the former Prime Minister had secretly appointed himself to the resources power and that he used those powers to roll his own Resources Minister Keith Pitt over a gas project.

It followed revelations in the book Plagued that Mr Morrison had secretly appointed himself to the health and finance portfolio.

However, it swiftly emerged that the Finance Minister Mathias Cormann was left completely in the dark about the changes and never knew about them at the time.

Mr Hunt agreed to the plan to share power in the health portfolio and war-gamed how to do it with then Attorney-General Christian Porter.

It then emerged that Mr Morrison also appointed himself to the Industry portfolio when Mr Porter held the role, without telling him he was using the ‘trick’ he had taught him.

He also appointed himself to Treasury and Home Affairs without the knowledge of the ministers Josh Frydenberg and Karen Andrews.

This week, Scott Morrison defended his conduct amid accusations his actions amounted to “undermining responsible government”.

The Solicitor-General’s advice, released publicly by Prime Minister Anthony Albanese, was sharply critical of Mr Morrison’s decision not to inform his colleagues or the public of the appointments made between March 2020 and May 2021.

The nation’s top government lawyer said Mr Morrison’s self-appointment to the Department of Industry and the secrecy surrounding it raised the issue of whether it was “consistent with the principle of responsible government”.

“In my opinion, it was not,’’ the advice states.

Anthony Albanese announced on Friday that a former High Court judge Virginia Bell will lead a formal inquiry into the affair to ensure it can “never happen again”. Picture: NCA NewsWire / Gary Ramage

In a 731-word statement released on Facebook, Mr Morrison noted that the Solicitor General found that the appointments were ‘valid’.

“To respond to the Solicitor General’s advice I refer to my statement last week where I set out that at no time, other than the consideration of the PEP11 matter from first principles, did I exercise powers established under these lawful authorities,’’ he said.

“This means that I did not fulfil the function of an Acting or Co-Minister, as has been alleged. Ministers continued to exercise their full authorities without any interference, with my full trust and confidence.”

The advice found the Governor-General had little choice but to agree to the changes.

“The Governor-General has no discretion to refuse to accept the Prime Minister’s (Mr Morrison’s) advice in relation to such an appointment,’’ the legal advice states.

“Nor is there any constitutional or legislative requirement for notification of such an appointment as a condition of its validity, or for the Minister to subscribe another oath or affirmation following such an appointment.”

“These authorities were only sought with respect to where Ministers could act unilaterally, without reference to or interference by Cabinet or the Prime Minister. The suggestion that Ministers could be instructed or directed on these matters is false.”