Former prime minister and Cook MP Scott Morrison has defended his decision to appoint himself to multiple secret ministries despite the release of a scathing report.
The report on the ministries, handed down on Friday by former High Court judge Virginia Bell, labelled Mr Morrison's conduct as corrosive of trust in government.
Mr Morrison appointed himself minister of health, finance, industry, science, energy and resources, treasury and home affairs without the knowledge of most of the designated ministers.
The report found Mr Morrison had undermined public confidence in government, while it also reveals he sought advice on appointing himself to a sixth secret ministry.
Ms Bell says advice had been sought for Mr Morrison to appoint himself to the agriculture, water and environment portfolio in 2021, but the former prime minister did not proceed with the move.
She makes six recommendations in the report, including requiring public notifications of the appointment of ministers.
She also recommends publishing details of which ministers are appointed to administer departments and outlining different responsibilities when more than one is appointed to the same department.
The changes are set to be discussed when federal cabinet meets on Monday.
Mr Morrison said he welcomed the findings of the report and indicated he would not resign from parliament, saying he could now "continue, as I have since the last election, to serve the people of Cook as their federal member of parliament".
His full statement reads:
"I note the report of the Bell Inquiry, welcome the recommendations and thank the Hon. Virginia Bell and her office for conducting The Inquiry.
"I was pleased to assist The Inquiry with six separate and comprehensive responses to matters raised with me and my legal representatives by Hon. Virginia Bell. This engagement was done via correspondence as was the practice with other respondents to The Inquiry and accepted by Hon. Virginia Bell.
"In relation to the broader matters that were subject of The Inquiry I note that at all times as Prime Minister I sought to exercise my responsibilities in a manner that would best advance and protect Australia's national interests and the welfare of the Australian people. This was done during a time of significant challenge not seen since the Second World War and the Great Depression.
"I am pleased that through these efforts and so many others that Australia was able to emerge from this period of significant crisis in a safer and more prosperous position than almost any other country in the world. This was our objective.
"I note the criticisms made of my decision to be authorised to administer a series of departments where Ministers had specific powers not subject to the oversight of Cabinet. These decisions were taken during an extremely challenging period, where there was a need for considerable urgency. I note that the criticisms of my decisions have been made after the event and with the benefit of this perspective.
"I also note that as Prime Minister my awareness of issues regarding national security and the national interest was broader than that known to individual Ministers and certainly to the Inquiry. This limits the ability for third parties to draw definitive conclusions on such matters.
"I also note the following facts that remain unchanged from the Inquiry:
- the authorities established were valid and were not found to be unlawful;
- the authorities were established as a dormant redundancy and where enlivened relevant Ministers and officials were engaged;
- there is no consistent or well understood process for publication of the establishment of authorities to administer departments in the Government Gazette or otherwise;
- no instruction was given by me as Prime Minister or my office not to publish these arrangements in the Government Gazette;
- no powers were exercised under these authorities, except in the case of the PEP11 decision, or misused;
- Ministers exercised their portfolio authorities fully, with my utmost confidence and trust, without intervention;
- as Prime Minister I did not 'Act' as Minister or engage in any 'Co-Minister' arrangements, except in the specific case of the PEP11 decision and not otherwise for that department.
"On the PEP11 matter, this was done lawfully from first principles. My intent to do so was also advised to the relevant Minister in advance.
"In relation to my communication with my ministerial colleagues on these matters, I have addressed these issues privately with my colleagues at the time these issues were reported several months ago.
"I am pleased that this matter has now concluded and I can continue, as I have since the last election, to serve the people of Cook as their federal member of parliament.
"Australia's performance through the pandemic was one of the strongest in the developed world."
Prime Minister Anthony Albanese said the decisions surrounding the secret ministries were unprecedented and wrong.
"It is very clear that this is a scathing report which is an indictment on the Morrison government and the culture of secrecy," he said.
While Mr Albanese said his predecessor had misled parliament, he did not say whether Mr Morrison should resign.
Shadow treasurer Angus Taylor said the criticism over the secret ministries was a storm in a teacup.
"We'll work with the government on any reasonable proposals to provide clarity and transparency and that's absolutely fine," he told Sydney radio 2GB.
Independent MP Zoe Daniel, who supports the law change to prevent such things happening again, said she hoped Mr Morrison would "stand up in the parliament and unreservedly apologise to the Australian people" without having to be forced to do so by the privileges committee.
"Scott Morrison breached public trust in the extreme by appointing himself to secret ministries but by the time we found that out the public was already well onto the underlying problem and had thrown his government out of office due to concerns about lack of integrity."
EARLIER
Scott Morrison's decision to secretly take on extra ministerial portfolios has been labelled as corrosive of trust in government.
A report by former High Court judge Virginia Bell into the multiple ministries found the secrecy surrounding the appointments he took on as prime minister was "apt to undermine public confidence in government".
"Once the appointments became known, the secrecy with which they had been surrounded was corrosive of trust in government," the report said.
"Given the parliament was not informed of any of the appointments, it was unable to hold Mr Morrison to account in his capacity as minister administering any of these five departments."
Mr Morrison appointed himself minister of health, finance, industry, science, energy and resources, treasury and home affairs without the knowledge of most of the designated ministers.
It was also revealed in the report on Friday he sought advice on appointing himself to the agriculture, water and environment portfolio but did not proceed with it.
While the former prime minister said he took on the health and finance roles due to the COVID-19 pandemic, Ms Bell said this was unnecessary.
The report said while then-health minister Greg Hunt was told of Mr Morrison's moves, the federal health department was not.
It said Mr Morrison could have authorised himself to act as health or finance minister "in minutes", were the ministers to have been incapacitated due to COVID-19 in early 2020.
Ms Bell said Mr Morrison's other three ministries were in a "different category".
"These appointments had little, if any connection to the pandemic," she said.
"Rather, Mr Morrison was appointed to administer these departments to give himself the capacity to exercise particular statutory powers."
Prime Minister Anthony Albanese, whose cabinet is set to approve transparency measures on Monday, said the previous government had operated in a "cult of secrecy".
"(The secret ministries) were unprecedented and they were wrong. However, members of the former government and current opposition enabled this culture of secrecy," he told reporters in Canberra.
"That is the characteristic of the Morrison government. After nine years of chaos, a dysfunctional government has now been replaced by a dysfunctional opposition."
While he did not say whether Mr Morrison should resign his Sydney seat of Cook, the prime minister said his predecessor had misled parliament.
In a statement, Mr Morrison said he had carried out his responsibilities as prime minister in the national interest.
"These decisions were taken during an extremely challenging period, where there was a need for considerable urgency," Mr Morrison said.
"Criticisms of my decisions have been made after the event and with the benefit of this perspective."
Mr Morrison said he would continue to serve in federal parliament, noting he was "pleased" the inquiry - which he engaged in via lawyers - had concluded.
Shadow attorney-general Julian Leeser said the opposition had noted the findings laid out in the report.
"The report ... makes a number of sensible recommendations for improving the clarity and transparency of ministerial appointments," he said,
"The opposition will consider any proposed legislation flowing from the report through its usual processes when it is presented to the parliament."
Ms Bell recommended six changes to be made including legislation requiring public notifications of the appointment of ministers.
She also recommended publishing details of which ministers were appointed to administer departments and outlining different responsibilities when more than one was appointed to the same department.
Mr Albanese said he would take action to ensure "this breach of trust will never happen again".
The report confirmed Mr Morrison had only used his extra ministerial powers to veto the PEP11 resource exploration project off the NSW coast.
Ms Bell also took aim at Mr Morrison's decision not to tell ministers of his appointment to their portfolios.
"It is difficult to reconcile Mr Morrison's choice not to inform his ministers of the appointments out of his wish not to be thought to be second guessing them," the report said.
- Australian Associated Press
