Loose lips yet to sink Scott Morrison's ship

The former PM reckons the secrecy about his five new jobs was "necessary".

The former PM says the secrecy about his five new jobs was "necessary".

Former Prime Minister Scott Morrison is resisting calls to resign from parliament after it emerged he had secretly appointed himself to five additional portfolios in a move that has baffled his fellow MPs and the public alike.

Morrison defended the decision on Wednesday, declaring the secret swearing-ins were "necessary" during the "extraordinary" context of the pandemic and he never exercised his powers in the majority of the portfolios. 

"The fact that ministers were unaware of these things is actually proof of my lack of interference or intervention in any of their activities and that I honoured the basis upon which I sought those powers," he said. 

Morrison argues he was acting in the national interest in a crisis in the event a minister was incapacitated with Covid-19.

But Prime Minister Anthony Albanese said it was “incomprehensible” Morrison had kept the appointments under wraps from his cabinet colleagues, departmental secretaries and the Australian public.

“The first rule of power grab club is don't talk about power grab club,” he said. “And Scott Morrison broke that rule today.

“Scott Morrison was evasive, he was defensive, he was passive aggressive and he was self-serving."

"So at least he was true to himself today. What we saw was all of his characters on full display.”

Albanese on Tuesday revealed Morrison had sworn himself into home affairs, treasury, health, finance, and the entire department of industry, science, energy and resources during the pandemic - in some cases without the existing ministers' knowledge. 

“This has been government by deception,” the Prime Minister said. “He told us he was a bulldozer and his Coalition colleagues just shrugged their shoulders and carried on. “A misleading of parliament as to who was holding what portfolios.”

Albanese accused his predecessor of "trashing democracy", adding that he couldn’t conceive of how Morrison’s plans “avoided scrutiny”.

He said the appointments were made by Governor-General David Hurley on the advice of Morrison under Section 64 of the Constitution.

Of the five portfolios, only then-Health Minister Greg Hunt is known to have been made aware that Morrison was becoming a co-minister as a back-up due to the covid pandemic. 

Former Home Affairs minister Karen Andrews, who had no idea she was sharing her portfolio with the former PM, said Morrison's actions were “unacceptable.”

She accused him of betraying the Australian people. 

But in an extensive defence of his decisions on Facebook, Morrison said the health, finance, treasury and home affairs arrangements were in place “as a ‘break glass in case of emergency’ safeguard’” during the Covid-19 pandemic.

Morrison acknowledged his decision to swear himself in to oversee the Department of Industry, Energy and Resources was undertaken “for separate reasons”.

He said he took over that portfolio so he could “directly” consider the Pep-11 gas exploration project, which he ultimately rejected. 

Is this legal? 

We actually don't know. Anthony Albanese told reporters in Canberra on Tuesday Solicitor-General Stephen Donaghue QC was looking into the unusual scenario and would provide his advice to the government next Monday (the 22nd August).  

Can you have joint ministers?

It is possible for ministers to take carriage of more than one department and those other than their portfolio responsibility. The catch is these appointments are usually temporary and occur when the normal minister is sick or on leave. This kind of appointment does not require a swearing-in ceremony but requires the Governor-General to sign an "administrative instrument" (aka: permission slip) on the advice of the prime minister.

Is there a precedent for this? 

Not at all. There are no other examples of prime ministers secretly appointing themselves to other portfolios, and none of Morrison’s portfolio changes appear to be included in the government’s official gazette (kind of like a daily newsletter with important updates such as this) as is normal practice.

What happens next?

It's a case of wait and see until next Monday. Since the Albanese press conference Scott Morrison has issued an apology where he conceded his secret appointments to treasury and home affairs were “unnecessary”. He also apologised to colleagues offended by his actions.