According to Australia’s Prime Minister Anthony Albanese, despite being legally valid, his predecessor Scott Morrison’s secret appointment to ministries during the COVID-19 pandemic “fundamentally undermined” a responsible government.
According to Albanese, the advice from the country’s second highest law officer was a “very clear criticism” of the implications for Australia’s parliamentary democracy.
Albanese stated that his cabinet had agreed that “further investigation” into the matter was necessary.
Morrison, who resigned as Liberal Party leader after losing a general election in May, has come under fire from both the Labor government and his own party after it was revealed that he was secretly sworn in to ministries without informing parliament or his cabinet, an unprecedented assumption of power.
The solicitor general was critical in his written advice that the public and Parliament were not informed of Morrison’s appointment to the ministries.
According to the advice, this was “inconsistent with the conventions and practises that form an essential part of the system of responsible government prescribed by the… Constitution.”
This is due to the fact that it is impossible for Parliament and the public to hold Ministers accountable for the proper administration of specific departments if the identities of the Ministers appointed to administer those departments are not made public.”
Until last week, three ministers were unaware Morrison had power over their respective ministries of home affairs, treasury, and finance. Morrison stated that he only intervened in one ministry, resources, to prevent an offshore gas project from going forward. The resources company is now taking the decision to court.
Morrison’s appointment to the Resources Ministry was legal, according to the solicitor general’s advice.
It also determined that the Governor-General “has no discretion to refuse to accept the Prime Minister’s advice in relation to such an appointment.”
On Morrison’s advice, the Governor-General approved Morrison’s appointment to the ministries, but there was no public swearing-in ceremony.
Morrison stated last week that the coronavirus pandemic was a once-in-a-lifetime event, and that he secretly took on the ministries because he felt sole responsibility for the nation.
Australia is governed by a cabinet-based system rather than a presidential system.
Albanese’s government’s popularity has skyrocketed since its election victory in May, with a Resolve Strategic opinion poll published by Nine newspapers showing Labor with 42% of the primary vote, up from 33% at the election, and ahead of the Coalition’s 28%.
