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‘I am sorry. We are sorry’: Morrison apologises to Higgins and other staffers

By Katina Curtis and Angus Thompson
Updated

Prime Minister Scott Morrison has made a personal apology in Parliament to former federal government staffer Brittany Higgins but those who have been assaulted and harassed in Canberra say while the words are important they are empty unless they’re backed by action.

Legal questions have also been raised about whether the apologies jeopardise the trial of Bruce Lehrmann, who Ms Higgins has accused of raping her in Parliament House in 2019. He has denied the claims.

“The place that should’ve been a space of safety and contribution turned out to be a nightmare,” Scott Morrison said as he apologised to Brittany Higgins.

“The place that should’ve been a space of safety and contribution turned out to be a nightmare,” Scott Morrison said as he apologised to Brittany Higgins.

Ms Higgins and other former staffers Chelsey Potter, Rachelle Miller and Josie Coles, along with activist Chanel Contos, were in the chamber as political leaders acknowledged the “unacceptable history of workplace bullying, sexual harassment and sexual assault” in parliamentary workplaces.

Former and current staffers say they’re watching closely to see that real changes are made after leaders pledged to act on the recommendations of Sex Discrimination Commissioner Kate Jenkins’ review.

“I am sorry. We are sorry,” Mr Morrison told Parliament.

“I’m sorry to Ms Higgins for the terrible things that took place here. And the place that should have been a place of safety and contribution turned out to be a nightmare.

“But I am sorry for far more than that, for all of those who came before Ms Higgins and endured the same.”

Mr Morrison committed to implementing all the recommendations of the Jenkins review, which the government commissioned after Ms Higgins went public with her allegations. Her case is going to trial in June.

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Federal Opposition Leader Anthony Albanese also acknowledged the role Ms Higgins played in lifting the lid on the culture of Parliament.

“You have torn through a silence that has acted as a life-support system for the most odious of status quos,” he said.

“No one deserves to feel unsafe or disrespected in any workplace, let alone our national Parliament.

“Men have to step up and be allies in both words and deeds. We have no excuse to wait for another wake-up call.”

Ms Higgins left the chamber in tears after Mr Morrison and Mr Albanese’s statements, and the others watching were also visibly emotional.

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Ms Potter, who spoke out in 2019 alongside NSW political staffer Dhanya Mani about their experiences, said the acknowledgement was a step in the right direction – but that was starting from a very low position.

“The government has previously given us every reason not to trust them,” she said.

“But that said, I have decided to draw a line in the sand and I will support the crossbench and the opposition party and the government to implement whatever can be done and, whatever government is elected in May, we will continue that.”

Another Liberal staffer, speaking on condition of anonymity, said it had been personally traumatic to speak with the Jenkins review team about being sexually harassed and assaulted, but she did it because she wanted a better workplace.

“I learned actions are much more than words, and at this stage, those words mean nothing if the recommendations don’t all get implemented,” she said.

“There are so many former and current staffers that are hanging on to see this and like me, they don’t actually think it will happen.”

Ms Mani wasn’t aware the statements were being made in Parliament until Tuesday morning, which she believed reflected the “total lack of willingness of this government to engage” she’s experienced previously.

She says only a comprehensive overhaul of the workplace laws for staffers – known as the MOP(S) Act – and an independent dispute mechanism will fix the situation.

“You can still lose your job at any time,” she said.

The government intends to put initial legislative changes to Parliament on Wednesday that would ensure staffers are covered by the workplace and discrimination laws that exist for other workers.

It has also commissioned a comprehensive review of the legislation governing the employment of staff, known as the MOP(S) Act. This will report by September.

What is the statement of acknowledgement?

Sex Discrimination Commissioner Kate Jenkins recommended Parliament make a statement to acknowledge “the harm caused by bullying, sexual harassment and sexual assault ... and a commitment to action and shared accountability”.

The report did not call for an apology but said the statement should acknowledge the lack of action taken in the past to deal with misbehaviour.

It said an acknowledgement was “important for validating the experience of individuals who have been subject to harm under the watch of leaders” and could start to restore trust.

Labor is open to a “bigger apology” to staffers.

“We owe our staff of today, the staff and members and senators who served here previously and perhaps most importantly, those who will come in the future nothing less than to continue that cooperative, thoughtful approach to implementation of these recommendations,” Finance Minister Simon Birmingham said.

A multi-party taskforce led by former senior public servant Kerri Hartland is overseeing the response to the Jenkins recommendations.

Independent MP Zali Steggall, who is on the taskforce, says it’s clear some of the recommendations are easier to do than others but she is hopeful it will create meaningful change as fast as possible.

“Kate Jenkins has provided two years; I think that’s a long time. I don’t think it should take that long and I will be pressing for it to happen faster,” she said.

John Korn, the lawyer for Bruce Lehrmann, the man who has pleaded not guilty to raping Ms Higgins, described the Prime Minister’s apology as an “absolute disgrace”.

“He has no authority from anywhere or anybody to make that apology. He has abrogated and ignored the presumption of innocence. He’s ignored and disrespected the function of the courts, and has no respect for the rule of law,” Mr Korn said.

“The Prime Minister does a great disservice to properly constituted courts in making this apology for an event which had not yet been proven to have occurred.”

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High profile barrister Robert Richter QC, who represented former Australian cardinal George Pell in his criminal trial, also said Mr Morrison’s apology had the potential to jeopardise criminal proceedings in relation to Ms Higgins’ alleged rape. But he acknowledged that Parliamentary privilege covered statements made in the chamber.

“It seems to me that charges having been laid in relation to this specific matter, it is highly inappropriate to make commentary which prejudices the allegation,” Mr Richter said, adding it could interfere with the course of justice if heard by potential jurors.

The Prime Minister’s office would not comment on whether it had obtained legal advice over the speech.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).

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Original URL: https://www.smh.com.au/politics/federal/federal-parliament-to-acknowledge-harm-caused-by-sexual-harassment-assault-and-bullying-20220208-p59unk.html