Government slaps down probe into Christian Porter’s blind trust

The Morrison government has voted down Labor’s attempt to place Christian Porter’s blind trust in front of the privileges committee.

Christian Porter in question time in Canberra. Picture: Martin Ollman

Former federal attorney-general Christian Porter’s blind trust will not be placed under the microscope of the privileges committee, after the Morrison government blocked an attempt by Labor to subject the anonymous donation trust to parliamentary scrutiny.

Mr Porter stood down from the frontbench last month amid a scandal surrounding the blind trust of secret benefactors that was set up to help him pay a reported $1m worth of fees racked up during his private defamation stoush with the ABC over historical rape allegations. He strenuously denies the allegations.

The opposition on Monday moved a motion for Mr Porter's use of a blind trust for his legal fees for his defamation action against the ABC to be referred to the lower house committee, to determine if he had acted in contempt of parliament regarding disclosure of members’ interests.

Speaker of the House Tony Smith, who considered the motion, told the chamber on Wednesday afternoon that there was a “prima facie case” for the privileges referral, clearing the way for Labor’s motion to be considered.

“As House of Representatives practice makes clear, an opinion by the Speaker that a prima facie case has been made out does not imply a conclusion that a breach of privilege or contempt has occurred,” Mr Smith said.

But the government voted against the inquiry to the privileges committee. Manager of opposition business Tony Burke – who moved the motion – told parliament it was the first time since federation that a government had voted against a privileges referral that was given precedence by the speaker.

In a statement, he accused Scott Morrison of using his numbers in the lower house to create a “protection racket” for Mr Porter.
“That means we may never learn the truth about who paid Mr Porter’s legal bills and what they may expect in return,” he said. “This is a disgraceful, shameful moment in Australian political history.”

Prior to the debate, a fiery debate over the motion erupted on the floor of the lower house, with the government’s Leader of the House in Peter Dutton arguing that there was “no transparency” with other third-party arrangements for legal funds like crowd-funding site Go Fund Me.

Mr Dutton also revealed he had written to Liberal MP Russell Broadbent – chair of the committee – on Monday, requesting clarification about donations from third parties for personal legal matters and how members should declare such assistance and urging him to consider broader issues.

He argued the government’s communication with Mr Broadbent made the referral “redundant.”

“I note that over a period of time there has been differing interpretations by Members in making declarations on the Register,” Mr Dutton wrote in the letter.

Mr Porter was demoted as Attorney-General in March over concerns any legal action against the ABC would create a conflict of interest given his position as the nation’s first law officer. He maintains he prop­erly disclosed his interests in accordance with requirements.