‘System failed’: Turnbull says Governor-General has questions to answer in ScoMo scandal

An “astonished” Malcolm Turnbull has called for those who had an opportunity to stop Scott Morrison secretly becoming minister of five portfolios to be investigated.

Former prime minister Malcolm Turnbull has insisted any inquiry into Scott Morrison’s secret ministries must also examine the role of the Governor-General as well as Mr Morrison’s staff and department.

As the Albanese Government considers whether Scott Morrison will be called to publicly explain himself, his supporters have warned that could deliver “a political witch hunt”.

But Mr Turnbull insisted that the Governor-General had questions to answer.

“How did all these experienced people allow Morrison to do this?’’ Mr Turnbull asked.

“I remain astonished that there was apparently no pushback to Morrison when he embarked on his bizarre secret accumulation of power.

“If any of them had dug their heels in, pushed back, and done so in writing, it is hard to believe even the self-described bulldozer would have persisted. If they did not push back then they, and the system, failed.

“At Government House – David Hurley has been CDF [chief of the defence force], Governor of NSW and Governor-General. He knows how government works. He knows the GG is not a rubber stamp and can ask questions, give advice and warn. His Official Secretary Paul Singer has been at Government House for many years.

“Morrison’s CoS, John Kunkel, had worked for John Howard. He must have known this was a bad move. Equally PMC [Prime Minister and Cabinet] officials including Stephanie Foster must have known this was utterly without precedent and wrong. What did they do and say? If they did nothing – the system failed.”

Malcolm Turnbull says Governor-General David Hurley has questions to answer. Picture: Tracey Nearmy/Getty Images

News.com.au has contacted Dr Kunkel and the Department of Prime Minister and Cabinet for comment.

There has been no formal confirmation yet of what other staffers and public servants knew, although Mr Albanese has confirmed that several unnamed staffers in PM&C were aware.

Overnight, former prime minister Tony Abbott described the former prime minister’s behaviour as “highly unorthodox”.

“I’m not going to defend what was done,” he told Sky News.

“We’ve got a report from the Solicitor-General [Dr Stephen Donaghue]. It says there was nothing illegal done.

“But it also clearly indicates that it is just highly unconventional, highly unorthodox and shouldn’t have happened.”

Attorney-General Mark Dreyfus told ABC Radio National that the inquiry will be led by “an eminent legal person inquiring into this matter and we do need to inquire”.

“We need to nail down all of the details and we need to have recommendations as to how to make sure this never happens again,” he said.

“That might mean a change in the law.”

However, one of the former prime minister’s supporters, Stuart Robert, said what was being proposed sounded like a “witch hunt”.

“If the intent is to ensure open transparent government then you’ll get every bit of support. Mr Marles’ comments sound like a political witch hunt,’’ he said.

Supporters of Scott Morrison are calling any attempts to launch an inquiry into the former PM a ‘witch hunt’. Picture: Steven Saphore/AFP

Yesterday, Scott Morrison hit back over bombshell legal advice that accused him of “undermining responsible government” by secretly appointing himself to five cabinet portfolios, urging any inquiry into the pandemic to also examine the actions of state governments.

The Solicitor-General’s advice, released on Tuesday 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, 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.

Dr Stephen Donaghue, the Solicitor-General, said one of Mr Morrison’s appointments was ‘valid’ but was not consistent with the principle of responsible government. Picture: Kym Smith

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.

“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.”

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

“In hindsight, some of these decisions will be reflected upon now and lessons learned. The Solicitor-General has noted a number of these points from his perspective in his advice and I am sure this will help guide any changes in these areas,’’ he said.

“I will appropriately assist any genuine process to learn the lessons from the pandemic. I would expect that any credible processes would also extend to the actions of the States and Territories.”

It’s that response that some believe leaves the door open to Mr Morrison declining to participate, depending on how the inquiry is structured.

The Greens push for a privileges committee inquiry into whether Mr Morrison misled parliament has been rejected overnight by the Speaker Milton Dick.