Albanese Orders Inquiry Following Reports Finds Morrison’s Ministry Appointments Valid

Prime Minister Anthony Albanese has revealed the findings of the report looking into Scott Morrison’s appointment as resources minster – with the solicitor-general concluding the former PM was “validly appointed”. 

Solicitor-General Stephen Donaghue found Morrison was validly appointed to administer the Department of Industry, Science, Energy and Resources (DISER) portfolio but the fact it wasn’t made public “fundamentally undermined” the conventions of a responsible government.

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In his advice, Donaghue said the governor-general has power under section 64 of the constitution to appoint an existing minister of state, including the prime minister, to administer a portfolio.

“The governor-general has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment,” the solicitor-general wrote.

“Nor is there any constitutional or legislative requirement for notification of such an appointment as a condition of its validity, or for the minister to subscribe another oath or affirmation following such an appointment.

The fact that the parliament, the public and the other ministers who thereafter administered DISER concurrently with Mr Morrison were not informed of Mr Morrison’s appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government … [and] does not invalidate that appointment.”

At a press conference today, Albanese said the advice given by Donaghue was “clear criticism” despite validity of the appointments.

The PM added he committed to a further independent inquiry of the incident, decided by the cabinet this morning.

“The advice though is, I think, a very clear criticism and critique of the implications that are there for our democratic system of government of what happened under the former Morrison government,” he said.

“This was just an opinion based upon the known details which are out there very publicly.

“Not dealt with in this opinion is also a range of issues. I will name one, which … has been raised by Christine Holgate yesterday: the fact that Mr Morrison was also responsible for administering departments that were shareholder responsibilities.

“And finance, for example, is something that Christine Holgate has raised, and I think raised legitimately, the questions that she has around that.

“There are of course a range of other implications there as well. I distributed the advice to the cabinet this morning and we gave consideration as to a way to proceed.

“The cabinet has determined that there will be a need for a further inquiry, and we will give consideration at a future meeting into the nature of that inquiry.”

Albanese was asked what he believed the consequences should be for Morrison, answering the former PM needs to be held “accountable”.

“Various people have expressed views. Karen Andrews has said that Mr Morrison should resign from parliament.

“That in my view is a matter for Mr Morrison and his colleagues.

"Quite clearly, I think that Mr Morrison’s behaviour was extraordinary; it undermined our parliamentary democracy and he does need to be held accountable for it.”

The independent inquiry will make recommendations for reform, Albanese saying to ensure this “doesn’t happen again in the future”.

The full report can be read on the Department of the Prime Minister and Cabinet website.

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