Obfuscation over immigration detainee failure is proof Anthony Albanese’s government has learned nothing

Minister for Home Affairs, Clare O'Neil during Question Time. Picture: NCA NewsWire / Martin Ollman

Home Affairs minister Clare O’Neil has finally done what Attorney-General Mark Dreyfus was incapable of. She has apologised to the alleged victims of crimes perpetrated by released stateless detainees following a High Court judgement.

Those released had rap sheets including as convicted rapists, murderers and child sex offenders, so it is hardly surprising that their release has ended this way. With allegations of further crimes being committed on innocent Australians.

Dreyfus not only refused to apologise when asked, he got rudely indignant at the question. Attacking the journalist who asked the question as “absurd”, among other insults. Chastising her as rude when she had the temerity to interject as he blustered his way around the question rather than answering it.

Dreyfus did eventually manage to personally apologise to her afterwards, even if he wasn’t big enough to do so publicly. I understand he was directed to do so.

As a reminder, here is some of what Dreyfus initially said in that media conference before O’Neil’s more recent about-face apology: “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.”

But this government still doesn’t want to address the actual issue this mismanagement debacle raises: the fact that as a government it wasn’t prepared for a possible adverse High Court decision. It should have been, and that’s why these ministers should be sacked by the Prime Minister. Attempts to misdirect answers can’t get around this simple truth.

O’Neil in a newspaper interview now says: “A lot of this question is coming from the underlying assumption that somehow the government released these people voluntarily and that’s just not true.

“Why would I do that? I had them all in detention and the High Court forced us to release them, and we had no choice but to follow that.”

That is a total red herring response. There is no “underlying assumption” these detainees were voluntarily released. At issue here is that the government, despite being warned about the impending judgement didn’t have a plan B, C or D at the ready to prevent what has transpired. And it reasonably should have if it wasn’t incompetent. Which is why we saw the scramble for hasty legislation in the aftermath. As those released were allegedly already perpetrating more crimes on the Australian community.

Justice Gleeson in a procedural hearing flagged the likelihood of a judgement going against the Commonwealth well in advance of the decisions formal delivery, giving ministers the chance to plan for it. Yet these ministers did nothing: they didn’t prepare, instead just letting it happen. It was a profound failure of process.

The obfuscation in regard to this failure of policy and leadership is becoming the worst part of the failure. Part of a cover-up of unwillingness to admit the core mistakes made. It highlights all too clearly that this government has learned nothing, which means it will keep making mistakes.

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