How did Mark Dreyfus — an Attorney-General and KC no less —not see this detention disaster coming?

Attorney-General Mark Dreyfus, Minister for Home Affairs Clare O'Neil and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Andrew Giles hold a press conference at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

The government’s hopelessness in the way it has managed the fallout from the High Court decision concerning the permanent detention of stateless people reached a new low today. Which after all the lows before now seemed improbable.

Attorney General Mark Dreyfus branded a journalist’s question about the saga “absurd”, chastising them as they interrupted, seeking to redirect his answer back to relevance.

We all know journalists sometimes ask stupid questions. Sometimes those questions are theatre, or designed to provoke a reaction. Today’s question: “Do you owe an apology to the members of the community who have been subjected to misdeeds by some of these people?” was pretty standard stuff, leaving the minister in an awkward position.

Apologise and that’s the new story, fail to do so and a lack contrition for the failures becomes the answer.

But Dreyfus went further than credibility allows in his refusal to answer: “I want to suggest to you that your question is an absurd question, you are asking a cabinet minister, three ministers of the crown, to apologise for upholding the law of Australia, to acting in accordance with the law of Australia, for following the instructions of the High Court of Australia.”

No actually, the question, asking for an apology, is not about whether or not ministers should or should not uphold the law. That is a red herring response. Part of the cover-up of failure. The question went to the utter failure of all three ministers to be prepared in the most basic of ways for the possibility the High Court decision went against the government. Which it did, with disastrous consequences. About how they could have done better responding to the court’s decision. Because they should have done so much better in response.

Rapists, child sex offenders and murderers went free. All with convictions not mere allegations. And there are now allegations of these lowest of the low cretins re-offending after being released. That is on the ministers who didn’t properly plan for the judgement.

The criticism fairly directed at these three incompetent ministers is that they weren’t ready for what the High Court might do. For example, have legislation immediately ready to avoid the decision regarding one detainee cascading to impact more than 100 others, as it did. Public policy 101. How could an Attorney-General not have systems in place in their office to be at the ready for court decisions that impact governance, with strategies at the ready to swiftly respond?

We know the political arm of government was briefed about the possible court outcome and what it would mean. Justice Gleeson in a procedural hearing even flagged the likelihood well in advance, yet these ministers did nothing, didn’t prepare, let it happen, being left to rush belatedly to legislate around the decision. Caught flat footed leading to the scenario we saw: rapists, murderers and child sex offenders hitting the streets. Allegedly reoffending, some whose whereabouts was unknown.

Disgraceful failures of process by this government.

Dreyfus wasn’t being asked to apologise for abiding by the decisions of the court. That’s his false narrative and spin. He was being asked to apologise for being so incompetent as to not know the law well enough to plan for the worst. Him, his office, the triumvirate of hopeless ministers and their offices let this country down. He’s only a KC, after all.

Damn right they should all apologise to the alleged victims of those released, because of their inability to take basic preparatory steps for something they were warned about and provided with possible solutions in advance to avoid what we have seen transpire.

This disaster speaks to profound incompetence, nothing less. Dreyfus frilling out his neck like a lizard to try and scare off fair questioning at a media conference just proves that he’s learnt nothing, the government has learnt nothing. And those who don’t learn from their mistakes will make them again, which is why Anthony Albanese has a duty of care to Australians to axe his incompetent ministers and find MPs in his ranks who can do better.

Peter van Onselen is a professor of politics and public policy at the University of Western Australia and Griffith University.