Legal leaders clash on consultation
A stoush has emerged between the highest law officers in Australia.
Solicitor-general Justin Gleeson SC made a submission to a Senate inquiry looking at a direction that blocked the solicitor-general from providing legal advice to any Government figures without permission from Attorney-General George Brandis.
In the submission, Mr Gleeson also claimed he was not consulted on a range of issues including marriage equality and citizenship laws.
On the direction not to provide legal advice without permission, Senator Brandis said he consulted Mr Gleeson during a meeting in November 2015.
That meeting was called to after Mr Gleeson raised concerns that his work was being “hampered” by the Government’s failure to consult him on some contentious issues.
Possibly the most contentious of these were laws that sought to strip Australian citizenship from dual nationals convicted of terrorism offences.
Mr Gleeson said he was concerned about the “accurate public representation” of his advice.
Senator Brandis said the issues were discussed at the meeting.
“The solicitor-general was consulted on the ‘process for seeking … solicitor-general advice in significant matters’,” his statement to the inquiry reads.
“The solicitor-general was consulted orally at the meeting of 30 November, and he was invited to provide written suggestions.
“I considered that this consultation was appropriate and sufficient for the purposes of S17 of the Legislation Act.”
Shadow attorney-general Mark Dreyfus said Senator Brandis should step down.
“Senator Brandis has misled, directly misled the Australian people, lied to the Parliament by saying that he consulted with the Solicitor-General,” Mr Dreyfus told the ABC.
“That is absolutely a disgraceful way to treat the most senior advice that is available to the Government of Australia.
During the hearings this week, former solicitor-general David Bennett gave evidence via teleconference from his home and it was revealed that Senator Brandis's chief of staff, James Lambie, was with him.
Mr Dreyfus said Mr Lambie's presence at Mr Bennett's home “smacks of interference in the committee's work”.
“Senator Brandis should resign,” he said.