PM’s questionable advice for revered commissioner

Scott Morrison has made a surprising judgment call by inserting himself into the Special Commission of Inquiry into the Ruby Princess, which is being led by Bret Walker SC. On Wednesday the Prime Minister not only became a commentator on a probe entirely independent of any government, he also sought to influence the way Mr Walker is conducting hearings. Mr Morrison’s intervention appeared to be considered, given he raised his concerns not once but twice via interviews at opposite ends of the day. The issue involved testimony by NSW Health epidemiologist Kelly-Anne Ressler, the first departmental witness called. During the course of Ms Ressler’s evidence on Tuesday, as Yoni Bashan observed, the commissioner, “normally avuncular and affable, became impatient and barbed, his questions sharpening to a withering cross-examination”. The expert in disease surveillance broke down in tears, conceding national protocols were not followed to the letter in the department’s dealings with the Ruby Princess and other ships.

Speaking to radio broadcaster Ray Hadley, Mr Morrison said he found the tearful images of Ms Ressler “very distressing”. He paid tribute to nurses, doctors and first responders, as well as health officials, working day and night for months. The Prime Minister thanked Ms Ressler “for the great job that she’s been seeking to do”. “I know we’ve got to get to the truth on this sort of stuff, but I mean, my first blush on that one, and that’s not to call into question the independence of the royal commission or anything like that,” he said. “But I found that a bit out of line, and I think to see her reduced to that under that sort of aggressive line of what would appear questioning, I know you’ve got to get the balance right on this one. And I would hope that Mr Walker would reflect on that.”

Mr Morrison’s compassion for a human being under extreme stress during a crisis testing all of us is understandable. But showing empathy for the bureaucrat is one thing. Urging an independent commissioner investigating the circumstances of a fatal disaster of epic proportions to adjust his manner is another thing entirely. Mr Walker has been commissioned to do a difficult job in quick time, amid the poisonous blame-shifting between the NSW and federal governments. NSW Premier Gladys Berejiklian tried to fit up Australian Border Force officers for the catastrophic decision to allow 2700 cruise passengers to disembark at Sydney’s Circular Quay on March 19 without health checks — even though some passengers on board were showing signs of respiratory illness. Since then more than 664 passengers have tested positive for coronavirus and 21 have died of complications relating to COVID-19. The ship also has been linked to cluster outbreaks in northwest Tasmania and New Zealand.

Then on Wednesday evening Mr Morrison doubled down. Samantha Maiden of news.com.au asked why the Prime Minister felt the need to step in and defend health officials. Again, Mr Morrison spoke of the great job they were doing. “I’m not looking to compromise in any way, shape or form and nor did I the integrity or independence of the royal commission, it needs to do its job. I respect it’s what it needs to do,” he said. That’s correct, but it is incongruous with his remarks directed at Mr Walker: “What we saw there was a public health official just trying to do her best. And she was there and put in that situation. And the subject of, I think, quite some aggressive questioning.”

Mr Morrison is casting himself as empathiser in chief, providing succour in a “really hard time”. He added that the expectation officials were “going to get every call right, every single time” was “very unrealistic”. No one claims they can. Yet Mr Morrison is watering down accountability — the antithesis of the high standards he set for Canberra’s public service chiefs. Mr Morrison conceded: “We’ve got to find out what happened there.” But with the inquiry under way, he concluded: “How you do things sometimes is very important, at all times. And I just hope that the royal commissioner would reflect on that line that he took.” Again, it’s not the Prime Minister’s role to bring Mr Walker into line. What good can it possibly do? Seeking to influence the conduct of an independent commissioner can only hurt the integrity of a crucial inquiry.

Mr Morrison must get the balance right. He should be adroit enough to show compassion for an official in distress without schooling a storied master of interrogation. Mr Walker is perhaps the nation’s most revered barrister, a veteran of inquiries across a vast range of matters of the utmost importance. While there may be sympathy for Ms Ressler, who did not make the critical decisions she was questioned about, that is beside the point. She was there to provide answers. Yes, there’s often an element of theatre in such inquiries, with displays of human frailty.

Yet it’s ultimately a forum of inquisition in the public interest. Mr Walker’s mission is to get to the truth, without fear or favour. He should not be hindered in this quest.