Liberal Party stalwarts call on Scott Morrison not to appeal live cattle decision

Liberal Party stalwarts Andrew Robb, Ian McLachlan and Donald McGaughie are calling on Scott Morrison to not appeal the ban on live exports illegal.

Cattle at the Dalrymple saleyards at Charters Towers in north Queensland, some of which is usually shipped as live export to Indonesia.

Liberal Party stalwarts Andrew Robb, Ian McLachlan and ­Donald McGaughie are calling on Scott Morrison not to appeal the Federal Court’s decision declaring the Gillard government’s ban on live exports illegal, saying any move against the judgment would be an “act of betrayal” in the eyes of the nation’s farmers.

Mr Robb and Mr McLachlan, a former trade minister and ex-defence minister respectively, have written in The Australian on Monday alongside Mr Mc­Gaughie — a former Telstra chairman with strong links to the Liberals — that any attempt to overturn the export ban ruling would do serious harm to farmers.

The Federal Court last month found former Labor agriculture Minister Joe Ludwig committed misfeasance in public office by introducing­ the temporary cattle ban in 2011.

Attorney-General Christian Porter has signalled he will decide on whether to pursue an appeal against the ruling by the end of this month, amid concerns the decision could restrict ministerial decision-making powers.

Mr Robb, Mr McLachlan and Mr McGaughie — all foundation members of the Australian Farmers’ Fighting Fund, which supported farmers challenging the export ban — say the Attorney-General should listen to internal Coalition concerns about an ­appeal and let the judgment lie.

“We don’t know what advice the Attorney-General is getting. But we assume it comes from similar sources as those who ­supported the original blanket ban,” the three men say.

“We know many Coalition MPs, and even some cabinet ministers, agree with Justice (Steven) Rares’s finding that Ludwig’s ­actions were wrong. The Labor Party has acknowledged the court’s decision and is prepared to move on.

“We have been told by many growers that they would see any further challenge to the Federal Court decision as an act of betrayal by the Coalition government,” the three men say.

“The government should acc­ept the court’s decision, so … our industry and the wider farming community in Australia can finally move on.”

The party heavyweights add to the concerns of Liberal ministers and backbenchers, who joined with their Nationals colleagues and Pauline Hanson’s One Nation in the Senate to support a motion calling on the Prime Minister to rule out an appeal.

Mr Porter said farmers could still be compensated over the ­Gillard government’s export ban, even if an appeal overturns the judgment on ministers’ power.

“The assessed damages are ­essentially what the government was anticipating as a reasonable quantum and there is no issue in respect of that determination,” he said on Sunday.

“We will not be making any decision regarding an appeal on the specific point of law just yet,” he said, noting there are 28 days in which an appeal can be lodged.

“As the Prime Minister has said, live cattle exporters were dealt with egregiously by the Gillard government and they deserve the support of ensuring that their injury and hurt and their loss is addressed.”

The three Liberal Party heavyweights have rejected that argument and say the prevention of any future export ban is more ­important than compensation.

“It is an extraordinary position to take: acknowledging that the minister committed a wrong that requires compensation, while simultaneously arguing the minister’s decision was entirely valid,” Mr Robb, Mr McLachlan and Mr McGaughie say.

National Farmers’ Federation president Fiona Simson said farmers were “dismayed” the ­government had not yet outlined a position on an appeal. “After saying the Ludwig decision was a terrible decision, an appeal would be very hypocritical,” she said.