Sam Rae (Hawke, Australian Labor Party) Share this | Hansard source

Much was made in the wake of the announcement of the Bell inquiry about our government's priorities. Some in TV, the media and papers suggested that we should leave the issue of the former Prime Minister's multiple ministries in the past. Those opposite, in an act of deflection that was as desperate as it was transparent, argued for silence on the matter. When that didn't work, they accused the government of pursuing a politically driven witch-hunt. They dismissed the significance of the former Prime Minister's actions, they dismissed the advice of the Solicitor-General and they dismissed the outcry of the Australian people.

But the right priorities are something that this government and this Prime Minister, unlike those opposite, understand. We know that there is no greater gift than government. It is a precious opportunity bestowed by the Australian people to get things done, to make things fair and to leave this country in a better place than we found it. So we have not wasted a single minute. In our brief time in office the Albanese government has taken meaningful action on the cost of living and on wages growth. We've restored Australia's place in the world. We've got mums and dads back to work by making child care cheaper. And we're creating new, better-paid and more-secure jobs.

As we stand here in this place, we should be reminded that we have a greater obligation to Australians and, indeed, to Australia. But perhaps the greatest priority and responsibility is to protect and defend the institutions, the norms and the conventions that safeguard our democracy, because practically delivering a better life for Australians and standing up for our institutions are not mutually exclusive. It's no false dilemma, as those opposite would have you believe. It is core business. It's what our constituents put us here to do and is precisely what the Albanese government is doing with this legislation.

Like many on my side of the aisle, I'm very fond of former US president Barack Obama. In his final speech as president he spoke about the hope and fragility of democracy. His ode to and defence of our guiding political philosophy was timely and necessary.

Across the world, democracy has been under assault from enemies foreign and domestic. Wannabe strong men have ripped from the same pages of the authoritarian handbook. They've dabbled in the politics of hate and division, demonised and attacked the free press, waged war on the baseline facts which underpin the context of ideas, and undermined the norms and institutions that our democratic system is founded upon. In Ukraine, the attack is less subtle. Putin's illegal invasion of Ukraine is intended to snuff out the promise of democracy, so powerful a threat to his authoritarian regime, on Russia's border. In defence of their sovereignty and our shared belief that governments should be chosen by and accountable to their citizens, Ukrainians have fought back, have shed blood and are repelling the aggressors. For that, we and all other democracies owe them a great debt.

We, as Australians, should take pride in the strength of our democracy. Our elections are held without incident, and the transfer of power is done peacefully. Our judiciary is fierce in its independence, and our government is held responsible to this parliament and the people we represent. But we cannot rest on our laurels and we cannot underestimate the fragility of democracy. That's why, when our institutions, our norms and our conventions are challenged, it is our duty to speak up and to act.

It bears repeating how we got to this point and why we are here legislating these changes to the Ministers of State Act. In August of last year it was revealed that the former Prime Minister had appointed himself to administer five additional portfolios. The Prime Minister was also the Treasurer, the finance minister, the home affairs minister, the health minister and the minister for industry, science, energy and resources. He made these appointments in secret. His ministers were not aware, the parliament was not aware and the Australian people were not aware.

Having learnt of the member for Cook's secret ministries, the Albanese government sought advice from the Solicitor-General—as they should. Dr Donaghue's opinion was unequivocal: 'The principles of responsible government are fundamentally undermined by the actions of the former government.' It was clear from the Solicitor-General's advice that further action was needed. Australians were owed an explanation as to how this happened, why it happened and who knew about it—not for political pointscoring or retribution but because our democracy is fragile; it's worth protecting, because fundamental to the functioning of our government is transparency in its processes. You cannot have checks and balances in our Westminster system when its ministers are appointed in secret.

As the Solicitor-General makes clear in his advice, it is impossible for the parliament to hold ministers to account for the administration of departments if it does not know which ministers are responsible for which departments. So the government acted swiftly, appointing former High Court Justice the Hon. Virginia Bell to lead an inquiry into the appointment of the former Prime Minister to administer multiple departments. Justice Bell's inquiry concluded that the lack of disclosure in the appointments to the public 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.

This legislation is one part of the Albanese government's response to Justice Bell's inquiry. It will end the possibility of Australians not knowing who runs their government. It will require the official secretary to the Governor-General to publish a notifiable instrument, registered on the Federal Register of Legislation, that the Governor-General has chosen, summoned and sworn an executive councillor to the Federal Executive Council, appointed an officer to administer a department of state, or directed a minister of state to hold an office. It will also require the notification of the revocation of any of these positions.

This legislation is important because it provides a mechanism to ensure that the Australian people always know who their ministers are. It's important because it will enshrine greater transparency and accountability in our system of government. But what is most important is the message it sends from this place that this government will not waiver in restoring the Australian people's trust and confidence in our system of government, our institutions and indeed our Public Service. It shows that we are serious about restoring integrity in our politics—an afterthought for the previous government.

When it was revealed that the member for Cook had sworn himself into five additional ministries in secret, it was as shocking as it was somehow unsurprising. Such an outrageous abuse of power by a prime minister would be unfathomable if it were not the member for Cook. Only he could treat the Australian public with such contempt. Only he could have the hubris and the arrogance to treat our institutions with such disrespect. Only he could stand in the House of Representatives and provide no explanation, no apology to Australians for what he did—even after Justice Bell's inquiry found the former Prime Minister's justification 'not easy to understand and difficult to reconcile with the facts'. Perhaps he did it for more power, or perhaps it was because he thought he could get away with it.

But in May of last year Australians showed that they saw the former Prime Minister for what he was and is. They were tired of his lies, his failures of leadership and his inaction: 'I don't hold a hose,' 'It's not a race,' 'It's not my job.' It summed up a prime minister and a government who did not see the Treasury benches as a gift but as a birthright, a prime minister who abdicated leadership and who was more focused on skirting responsibility and blaming others, a prime minister who could do such a thing as swear himself into five additional ministries in secret.

Australians wanted a prime minister they could trust. They wanted a change from the nastiness of the Morrison era. They wanted integrity back in politics and they wanted a better future for our country. So, from Higgins to Tangney, that's how they voted. You would think, then, that the coalition, those opposite, would consider the implications of that federal election result, that losing 18 seats in the House of Representatives would be cause for some introspection, and that, when it was revealed that the member for Cook had betrayed their liberal ideals and so many of his colleagues in their party room with his decision to appoint himself to their portfolios, perhaps it was time to re-evaluate their relationship with the former Prime Minister. But no—when this House censured the member for Cook, most of those opposite saw fit to shake his hand, offer a pat on the back and condemn the motion passed in this place as political retribution. They attacked the independent Bell inquiry. They dismissed the advice of the Solicitor-General. They ignored three former Liberal prime ministers who condemned the member for Cook's actions. Tony Abbott said:

I'm just not going to defend what was done. It is just highly unconventional, highly unorthodox and shouldn't have happened.

Malcolm Turnbull said:

This is sinister stuff. This is secret government. This is one of the most appalling things I've ever heard in our federal government. I mean, the idea that a Prime Minister would be sworn in to other ministers secretly is incredible.

They even ignored John Howard, who said:

I don't think he should have done that. I don't think there was any need to do it, and I wouldn't have.

The Dutton opposition have shown that they have learned nothing, and that they will continue to disregard the message the Australian public sent them loud and clear in May and in the months since then.

For me, what is worse is the opposition were given an opportunity to stand up for our Westminster system of government, to affirm support for the institutions, the norms and conventions that safeguard our democracy. Instead of seizing that opportunity, they decided to play partisan politics. They chose to back in a former prime minister that the people in my electorate of Hawke and so many others rightly rejected. Their decision is a great shame.

The Albanese Labor government understands the fragility of democracy. We know it is something that is precious and needs to be defended when challenged. The former Prime Minister's decision to appoint himself to multiple ministries in secret was indeed a challenge to our system of government, and we have acted swiftly and decisively to respond. It is what Australians expect of all of us. It is our duty as parliamentarians.

This bill shows that the Albanese government is delivering on its promise to restore trust and integrity to federal politics. The measures in this bill will go some way to providing greater integrity and transparency around the process of appointing elected officials to high office. Importantly, this bill strengthens the fundamental principle that we have a system of government where there are checks and balances. This bill will ensure that one person can never again garner extraordinary ministerial powers without adequate and warranted accountability to the Australia people and the Australian parliament. (Time expired)

Debate adjourned.

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