Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

He now says there is no relationship! This is the problem, isn't it? You treat people like mugs, Senator Brandis. You really do. You really treat people like mugs. You expect everyone to believe that the Solicitor-General essentially telling you, 'This political deal contravenes the Constitution and the Commonwealth ought to intervene to uphold the law and the Constitution'—as is your duty—

Senator Brandis interjecting—

Yes, you followed his advice, but only after it was required. Before that point you were happy to go along with the deal, Senator Brandis, won't you? You were happy to go along with the deal.

The reality is that Senator Brandis is asking everyone—all of this chamber and all of the public—to believe that his direction to Mr Gleeson had nothing to do with this. It just beggar's belief. The time frame just beggars belief. So he just woke up one morning and magically thought, 'I am going to muzzle the Solicitor-General. That is a good idea. I'm going to do that today. Let's muzzle the Solicitor-General today.' He says it has nothing to do with this obviously problematic political circumstance which was arrived at in great part because Mr Gleeson stood up for a proper application of the law and for the right constitutional reading.

I am sure that Senator Brandis was aware that the opposition and the crossbench had sufficient numbers to suspend standing orders this morning in order to move the motion I moved today. I am sure that Senator Brandis knew that he would have to give a statement, not because he wanted to. We all know from observing him in this chamber that he is not someone who likes coming in here to explain himself. He is not someone who likes answering questions. He is not someone who likes to have to give an account of his behaviour. He has been forced to do so because he did not have the numbers in the Senate. I suggest this. I would be happy if he stands up and says I am wrong. I suspect the Prime Minister phoned him and said, 'You've got to do something about this.' I suspect Mr Turnbull finally found a backbone when it came to dealing with Senator Brandis and said, 'You've had a bad week, George. You have called your colleagues "very, very mediocre". You've had a bad week. But you really need to get into the chamber—

Senator Brandis interjecting—

I am not surprised you are interjecting, Senator Brandis. I suggest the Prime Minister said, 'Get into the chamber and explain yourself.' I do not think this comment of, 'We do not comment on matters to which we have been a party,' is going to cut it. It does not cut it.

We know from the statement that there remain many questions unanswered. We know from the statement that this government is seeking to throw Mr Hockey under a bus. This was a deal which involved Commonwealth taxpayers basically being deprived of money for the Commonwealth budget because it suited a political deal with their mates in Western Australia. We know that that occurred. We know that Mr Hockey was involved. But what is clear is that all the responsibility for that is now being sheeted home to the person who is now the Australian Ambassador to the United States. There are many more questions to answer.

If it is the case that the rest of this government were somehow magically unaware of this, you would have to ask, 'What were they doing?' If hundreds of millions of dollars were to be provided to the Western Australian government under a political deal, a deal that was contrary to the Constitution, how was it possible that the cabinet was not informed? How was it possible that the Minister for Finance did not know, because it affects the budget he has responsibility for? How is it possible that the Assistant Treasurer did not know until later, because the ATO is her or his agency, depending on who it was at the time? And how is it possible that the Attorney-General did not know that there was some arrangement about how this matter was to be dealt with before the High Court?

The reality is that there was a political deal to seek to circumvent the Constitution, and the Attorney-General's statement today does little to throw any light on the matter. What it does do is seek to blame Mr Hockey for this agreement. It is quite clear what the tactic is, and I look forward to the ambassador making his views clear about this issue.