Prime Minister Anthony Albanese has appointed a former High Court justice to lead the inquiry into Scott Morrison’s secret ministerial appointments.
Virginia Bell will lead the inquiry, and report back by November 25.
“We need to have a quick and appropriate inquiry which is not about the politics but about how this happened, why it happened, who knew about it,” Mr Albanese said on Friday.
“We need to have transparency in the process because our system of parliamentary democracy relies upon conventions, relies upon the Westminster system of checks and balances.”
Attorney-General Mark Dreyfus said the inquiry into Mr Morrison’s secret portfolios was “absolutely made necessary by the solicitor-general’s advice”.
“We need to make sure this can never happen again,” Mr Dreyfus said.
“[Ms Bell] will be able to make concrete recommendations to our government so that we make sure that no future government can ever do what Mr Morrison did.”
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Albanese releases legal advice into secret portfolios
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It follows Mr Albanese’s release of advice from the solicitor-general that found Mr Morrison was validly appointed to the resources ministry in April 2021, but the secrecy surrounding the appointment was unusual.
The solicitor-general also determined that the former PM “fundamentally undermined” the principles of responsible government with his secret actions.
Ms Bell’s inquiry will investigate why Mr Morrison acted as he did, and who else knew about the clandestine appointments to five portfolios in 2020 and 2021.
It will also look at the functioning of departments, government business enterprises and statutory bodies.
The terms of the inquiry were agreed to by federal cabinet on Wednesday.
Mr Albanese said the investigation would be administered by Attorney-General Mark Dreyfus’ department “given that the Department of Prime
Minister and Cabinet was clearly involved in this”.
Ms Bell served on the High Court for 12 years, following her appointment in 2009. Mr Albanese said her appointment as the inquiry’s head would ensure public confidence.
The inquiry would not have the powers of a royal commission, but Mr Albanese said other measures would be considered if witnesses did not cooperate.
“I would find it extraordinary if anyone refused to talk to a former High Court judge who is, I think, beyond reproach,” he said.
“I’m certain that this appointment will be seen for what it is and that people will cooperate by giving information.”
Mr Morrison’s last public comment on the scandal was a lengthy Facebook post on Tuesday in response to the solicitor-general’s advice.
“I will appropriately assist any genuine process to learn the lessons from the pandemic. I would expect that any credible processes would also extend to the actions of the states and territories,” he wrote.
He has also said that while he should have let his colleagues know of his actions, he used his extra powers only once – resources minister, blocking the PEP-11 gas project off the NSW coast.
Former prime minister Malcolm Turnbull said this week the inquiry needed to go beyond the conduct of Mr Morrison and examine the PMO and the governor-general’s office.
He was astonished there was apparently no pushback to Mr Morrison when he “embarked on his bizarre secret accumulation of power”.
Another former PM, Tony Abbott, has described Mr Morrison’s conduct as “highly unconventional, highly unorthodox and shouldn’t have happened”.
Speaker Milton Dick has rejected a request from the Greens to refer Mr Morrison to the parliamentary privileges committee, advising there wasn’t enough evidence to establish he had knowingly and deliberately misled parliament.
According to the solicitor-general, the governor-general is required to act upon advice, but always has the right to “be consulted, to encourage and to warn in respect of ministerial advice”.
-with AAP
