Christian Porter future tied to ‘ministerial standards’

Scott Morrison says he is considering advice over whether it sits within ‘ministerial standards’ for Christian Porter to remain as Attorney-General.

Attorney-General Christian Porter. Picture: AFP

Scott Morrison says he is considering advice over whether it sits within “ministerial standards” for Christian Porter to remain as Attorney-General, as Labor escalates its demand for the nation’s first law officer to step aside from cabinet while historical rape allegations are investigated.

The Prime Minister said he would make “further decisions” on the future of Mr Porter based on advice from Solicitor-General Stephen Donaghue QC, after being asked whether he would reconsider his opposition to an independent inquiry into the allegations levelled at Mr Porter.

“I was getting advice from the Solicitor-General,” Mr Morrison said. “I have received that advice and I am now taking advice through the department regarding how that sits with ministerial standards and I will be making further decisions on that matter.”

Government sources say the advice being sought is not about an independent inquiry but whether there was a conflict of interest for Mr Porter remaining as Attorney-General while he is pursuing defamation action against the ABC.

Mr Morrison said last week Mr Porter would delegate responsibilities for the Federal Court and the ABC while the attorney-­general was involved in personal legal proceedings.

Opposition legal affairs spokesman Mark Dreyfus said the “Prime Minister has no option but to stand Christian Porter aside. As Attorney-General, Mr Porter could even direct the ABC on how it ought to conduct its defence and order (it) to provide him with any legal advice it receives.

“Australia deserves more than a part-time attorney-general whose position has been so hopelessly conflicted … It’s long past time Mr Morrison showed some leadership and stood Mr Porter aside while a proper independent inquiry is held into the serious allegations hanging over him.”

Mr Porter has denied alle­gations of a historical sexual assault and is due to resume his duties on March 31.

In Senate estimates, Labor senator Murray Watt asked the government on Tuesday whether Mr Porter could continue to oversee policy on defamation, court funding and ASIO warrants.

“We can cross out constitutional law, courts and tribunals, human rights, law reform including defamation, administration of criminal justice, legal services to the commonwealth, courts and tribunals. We haven’t even got into IR workplace health and safety,” he said. “We’ve got legal services, including the Office of Parliamentary Counsel, the Australian Human Rights Commission … how can any attorney-general return to work and perform their duty?”

Acting Attorney-General Michaelia Cash and Assistant ­Attorney-General Amanda Stoker faced a barrage of questions on Mr Porter’s potential conflicts, and both said it would be up to Mr Morrison to determine whether he should hive off any duties.

Opposition home affairs spokeswoman Kristina Keneally said Mr Morrison had waited too long to ask for legal advice over whether Mr Porter was able to serve as attorney-general while facing rape allegations. “What are Australian women supposed to do? Just shrug and say ‘oh, OK, he’s back. I guess we’ll just overlook the fact there have been these serious allegations that nobody has really examined.’ ”