Human Rights Commission chief Gillian Triggs drowning in evidence

THE future of Human Rights Commission president Gillian Triggs is under a cloud.

The position of Australian Human Rights Commission president Gillian Triggs appears untenable. Picture: James Croucher

THE future of Human Rights Commission president Gillian Triggs is under a cloud after a disastrous appearance before a Senate committee, during which she contradicted her evidence about the political considerations of delaying an inquiry into children in detention. Under questioning, Professor Triggs revealed she had decided an inquiry was necessary early last year but did not act until after the federal election because she feared it would be “highly ­politicised” and “very destructive”.

And after denying she raised the matter with Labor before the election, she later admitted discussing it with two former immigration ministers, Chris Bowen and Tony Burke. It is understood the Abbott government and the minister who oversees the ­commission, Attorney-General George Brandis, have lost faith in Professor Triggs.

Her position appears untenable. She is less than halfway through a five-year term and under the commission’s act can only be dismissed for “mis­behaviour” or serious breaches of standards. She has promised to release a “detailed chronology of events”.

The “facts and evidence will speak for themselves,” she said in a statement.

In February, the commission came under fire from the government for announcing an ­inquiry into children in detention four months after the election of the Coalition — and after people-smuggling boats had started to abate.

More than 800 boats, 50,000 asylum-seekers and 8000 children had arrived in the six years under Labor. The commission had previously investigated the issue in 2001 — under the Howard government.

When questioned about the new inquiry’s timing, during the Legal and Constitutional Affairs Committee hearing on Thursday, Professor Triggs’s explanation was exposed as changeable and contradictory.

Professor Triggs claimed that after her ­appointment in mid-2012 she ­focused on the issue of children in detention and, as the arrivals continued , had decided to hold a fresh inquiry by February last year.

But she didn’t — and she has now justified that delay with electoral considerations.

“The fact that an election was imminent had been announced by the prime minister in I think about March,” she said, “so we knew it was going to be very soon, and of course we didn’t know exactly when.”

Yet in an unusual step, on January 30 last year, then prime minister Julia Gillard had announced the election date for September 14 — so at the time there was no speculation.

Professor Triggs told the hearing it would have been “very destructive” to hold the inquiry in the middle of the election year. “Well, it would have been very destructive to the then government,” interjected Liberal senator Ian Macdonald

Immigration Minister Scott Morrison has challenged Professor Triggs’s justification.

“For a position which is supposed to be free of political influence,” he said, “it was puzzling to see Professor Triggs justify not holding an inquiry in mid-2013 as ‘we were moving into an election ­period’, yet described this issue as having caused ‘serious concerns’ in December 2012, well before any election was called.”

Further committee exchanges about her consultation with both the Labor government and the incoming Coalition government were also revealing.

Liberal senator Barry O’Sullivan pressed her on whether she briefed Labor about her intentions for an inquiry.

“I certainly did not discuss that as far as I recall with the minister,” she said.

But as questioning continued her answers changed to “I don’t recall” and then that her “discussions with the minister are private”.

Then, under sustained interrogation, she revealed she had in fact spoken to two Labor immigration ministers.

“I have discussed the possibility of an inquiry with minister Chris Bowen and with minister (Tony) Burke,” she revealed.

Professor Triggs initially said the discussion with Mr Burke had occurred during the election caretaker period but later retracted. After the election Professor Triggs did not raise the matter in discussions with the Coalition or mention it in a letter outlining her agenda. The government was informed of the inquiry four months later via a letter from Professor Triggs.

“Australians will form their own judgment about just how fair Professor Triggs has been,” Mr Morrison said.