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ABC News
ABC News
National
political reporter Tom Lowrey

Legal advice found Scott Morrison 'fundamentally undermined' principles of responsible government. What happens now?

Parliamentary procedures to investigate Scott Morrison's multiple ministries might start to gain momentum when parliament sits from September 5.  (ABC News: Matt Roberts)

A week-and-a-half after finding out about Scott Morrison's many extra ministries, questions are slowly being answered.

It is now clear that secretly taking on the additional portfolios was perfectly legal, but highly questionable.

In the words of solicitor-general Dr Stephen Donaghue, his actions "fundamentally undermined" the principles of responsible government.

The nation's second-highest legal officer has delivered his advice to the Prime Minister, but Anthony Albanese is flagging more inquiries to come.

Here's where this saga is likely heading next.

Back on the backbench

Federal parliament returns in just over a week, with members and senators back in Canberra from September 5.

Scott Morrison will likely take his new seat on the opposition backbench (though he did miss the first week of the new parliament, giving a speech in Tokyo).

At that time, parliamentary procedures to investigate his multiple ministries might start to gain momentum.

The Greens want the parliament to investigate through its powerful "Privileges Committee".

Such an inquiry would specifically look at whether Mr Morrison misled the House of Representatives in holding additional portfolios without disclosing them.

The most serious outcome is probably only a censure motion — which is basically the parliament formally noting its concern.

While hardly a massive consequence, it is rare. Only two MPs that were not Prime Minister or Opposition Leader have had censure motions moved against them (and both were successful).

That inquiry aside, having Scott Morrison and his Coalition colleagues all back under the one roof might given an indication of how those relationships are going.

A bigger, broader inquiry

The Prime Minister has announced his intention to launch a much broader inquiry into the multiple ministries, but the details so far are pretty scant.

It would be run by an "eminent person with a legal background", so mostly likely a former judge or barrister.

That is an attempt to try and take some of the politics out of the inquiry.

There is no timeline on it, but Anthony Albanese has indicated he wants it to happen reasonably quickly.

He was asked yesterday what questions he wants the inquiry to answer, and listed these.

"Why this occurred, how this occurred, who knew about it occurring? What the implications are for our parliamentary system? Are there any legal implications behind decisions that were made? How can we avoid this happening again?" he said.

Scott Morrison has indicated he would be willing to be part of a "genuine process to learn the lessons from the pandemic".

But he said any inquiry would have to look into the actions of the states and territories in managing the pandemic as well, which seems like a very different sort of process to what Mr Albanese is describing.

The Greens want the inquiry equipped with the powers of a royal commission — like being able to compel documents, or witnesses to give evidence.

What about a royal commission?

There have been calls for some time for a royal commission into the pandemic response, and the government is certainly keeping the option open.

Some have suggested wrapping Scott Morrison's actions into a broader royal commission, and it is certainly possible they could come up — given the PM's significant role in responding to COVID-19.

Anthony Albanese indicated yesterday he remains committed to some sort of inquiry into the pandemic, but does not think the time is right.

"At some point in time when we are confident that we are on the other side of the pandemic, there will be a need to examine what went right, what went wrong, how issues could be improved in the future," he said.

"We will give consideration to that at an appropriate later time."

A fast-moving saga starting to slow down

After the story first started to trickle out just over a week ago, it has rapidly evolved.

First the full extent of Scott Morrison's moves to take on additional portfolios came to light, followed by Mr Morrison's public press conference, and yesterday the solicitor-general's advice.

But now it is likely to slow down as much larger processes start to take place.

That said, one change is already being made.

Anthony Albanese says from now on, when ministers are appointed to additional portfolios, the public will be told.

In the meantime, Mr Morrison continues on as the member for Cook — insisting he will stay on, and make a call on his future ahead of the next election.

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