Scott Morrison continues to defend his portfolio power grab despite the solicitor-general finding that keeping it secret "fundamentally undermined" the principles of responsible government.
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Mr Morrison has reacted to the release of legal advice into his secret appointment to the resources portfolio during the pandemic.
Solicitor-General Stephen Donaghue cleared the former prime minister of breaking the law, finding his appointment was valid.
But he was scathing about Mr Morrison's decision to keep the appointments secret from parliament, his fellow ministers and department secretaries.
In his statement, Mr Morrison said he accepted that many Australians would not agree, accept or understand the decisions he took during the "difficult times" of the pandemic.
But the 726-word statement offered no response to Mr Donaghue's conclusion that the secrecy surrounding the appointments were "inconsistent" with the conventions and practices of responsible government.
Instead, Mr Morrison defended his actions and repeated that he had only ever used his secret powers once - to kill off the PEP-11 gas exploration permit.
"Given the serious crises facing Australia, I considered it prudent to put these authorities in place should they be necessary as a safeguard," he said.
"The authorities granted were respected in the fact they were not exercised, as the circumstances for which they were provided did not materialise. In short, the authorities were not misused."
Mr Albanese has announced a fresh independent inquiry will be launched into Mr Morrison's appointments.
The Prime Minister said major questions remained unanswered about the scandal, including how it occurred, who knew about it, and what could be done to prevent it happening in the future.
"This isn't something that can be just dismissed. This is something that goes to our very system of government, which the Solicitor-General's advice makes clear," he told reporters in Canberra.
Mr Morrison did not reference the new inquiry in his statement, but said he would "appropriately assist any genuine process to learn the lessons from the pandemic".
The Prime Minister has already directed his department to work with the Office of the Governor-General to ensure future ministerial appointments are made public.
Mr Albanese sought Mr Donaghue's advice after revealing his predecessor secretly appointed himself to five portfolios - health, finance, home affairs, treasury and resources - during the pandemic.
Mr Morrison scuttled the PEP-11 gas exploration permit after seizing the resources portfolio, in the only known use of the powers he secretly handed himself between March 2020 and May 2021.
'Fundamentally undermined'
In a 29-page advice published early on Tuesday afternoon, Mr Donaghue found Mr Morrison had been validly appointed to the portfolio by Governor-General David Hurley on April 15, 2021.
The Governor-General had the power to make the appointment under section 64 of the constitution, and had "no discretion" to refuse to accept the prime minister's advice, he found.
But Mr Donaghue was scathing about the secrecy of the appointments, saying there was "no information" on whether it was directed by Mr Morrison or "for some other reason".
"The end result is that, to the extent that the public and the Parliament are not informed of appointments that have been made under [section] 64 of the Constitution, the principles of responsible government are fundamentally undermined," the advice stated.
Mr Albanese said the scope of the inquiry was unlikely to expand to General Hurley's role in the secret appointments, given the "Governor-General's role has been examined here".
But the Prime Minister said whether the probe would have the power to compel witnesses, or hold public hearings, was still to be worked through.
"My consideration has been to get to the bottom of what is happening," he said.
"The inquiry needs to do that, it needs to have the power to do that. That is why we will give proper, considered thought into what the structure of an inquiry should be."
The advice found Mr Morrison's failure to even inform department secretaries of the appointment defeated the purpose of making the appointment.
It also prevented the department from providing support and advice on the exercise of ministerial powers.
"An unpublicised appointment to administer a department therefore fundamentally undermines not just the proper functioning of responsible government, but also the relationship between the ministry and the public service," the advice found.
'Severe consequences'
Deputy Prime Minister Richard Marles on Tuesday said Mr Morrison should face "severe" political consequences for his actions.
"Whatever is the legal advice, there needs to be some political consequence for a person who has flouted the Westminster cabinet system so completely," Mr Marles told ABC News earlier on Tuesday.
"It needs to be a severe consequence, because what we saw was a total undermining."
Mr Albanese repeated that his predecessor should be held accountable, but didn't detail how. He said questions about whether Mr Morrison should resign from parliament were a matter for him 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," he said.
When approached for comment, Coalition leader Peter Dutton deferred to shadow attorney-general Julian Leeser.
Mr Leeser stressed the Solicitor-General had upheld the validity of the appointments, but made no mention of his stinging criticism.
"The opposition will work with the government on any reasonable proposals to provide clarity to processes and improve transparency in ministerial appointments," he said.
Several other constitutional experts also don't believe Mr Morrison broke any laws, but say his actions were a serious breach of the conventions that underpin the Westminster system.
Mr Morrison last week defended his secret appointments in the face of calls for his resignation - including from his Coalition colleague and former home affairs minister Karen Andrews.
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