Scott Morrison responds to Solicitor-General’s advice over secret appointments

Scott Morrison has hit back over bombshell legal advice that accused him of “undermining responsible government” by secretly appointing himself to five cabinet portfolios.

Scott Morrison has hit back over bombshell legal advice that accused him of “undermining responsible government” by secretly appointing himself to five cabinet portfolios demanding any inquiry into the pandemic should also examine state premiers.

The Solicitor-General’s advice, released today by Prime Minister Anthony Albanese, is 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, laying the groundwork for an inquiry.

In the report, the Solicitor-General said Mr Morrison’s appointment to the Department of Industry in particular was “valid”, but raised the issue of whether it was “consistent with the principle of responsible government”.

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

In a 731-word statement released on Facebook, Mr Morrison defended his actions but also said there were some things with hindsight that he had reflected upon.

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Scott Morrison has hit back over bombshell legal advice that accused him of “undermining responsible government” by secretly appointing himself to five cabinet portfolios.

“I note that the Solicitor General found that the appointments were ‘valid’ and that ‘while there is some historical precedent for the publication in the Gazette of appointments to administer particular departments of State under s 64, there is no consistent practice in that regard,‘’ Mr Morrison said in a statement.

“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.

“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 authorities at issue were put in place as an emergency power to be used only in extreme circumstances due to incapacity or in the national interest.”

As expected, it finds Mr Morrison was legally appointed to the job and there was no “illegality” involved.

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

Mr Morrison said he only sought the powers where a minister had a power that could not be overturned by cabinet.

Mr Morrison said he only sought the powers where a minister had a power that could not be overturned by cabinet.

“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.”

Speaking in Canberra, Prime Minister Anthony Albanese said the advice was “a very clear criticism” of the former PM’s secret appointments, and that Mr Morrison “owes the Australian people an apology”.

“In summary, the Solicitor-General has concluded Mr Morrison was validly appointed by the Governor-General to administer the various departments to which he was appointed,’’ Mr Albanese said.

“The advice though is, I think, a very clear criticism and critique of the implications that are there for our democratic system of government of what happened under the former Morrison government.

“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.”