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George Brandis to appear at Senate committee over solicitor general – politics live
George Brandis dispute with solicitor general gets airing at Senate committee – politics live
(35 minutes later)
12.16am BST
1.04am BST
00:16
01:04
Lastly Malcolm Turnbull comes to the plebiscite. He notes the bill is not through the house yet and mentions that “Labor has listed extra speakers”.
In the more unusual cases, the SG provides advice directly such as this one Gleeson outlined:
We are calling on the senators to support it.
I was requested by the PM in January of this year to provide advice on a matter which I won’t mention but a matter which was relevant to this nation this year. I accepted that request for advice under s. 12A. I provided the advice confidentially to the PM. As far as I know a copy of that advice sits only in my files and the PM’s office. The PM may have shared that advice with the Attorney-General. I am not aware whether he did or didn’t.
This goes to the speculation around yesterday that the length of the plebiscite debate in the lower house was quite long given it was scheduled to go to the senate on Wednesday. It is yet to be voted on in the lower house and now cannot go to the senate until the week of November 7, even if it does pass the house next week.
1.02am BST
It is the practice with very controversial bills (where everyone may want to have a say) to shorten the speeches to allow for more speakers without holding up house business.
01:02
On a side note, just observing the debate yesterday, it did underline the fact this debate has been going on so long, pretty much every argument has been heard in the public domain on both sides. As Warren Entsch said months ago, funding a yes and no case for the plebiscite is completely unnecessary. If people haven’t made up their mind by now, they never will.
Gleeson is asked to describe the arrangements prior to the Brandis change of regulation.
12.09am BST
It was a “triaging” operation.
00:09
Through that process, I identified if the matter was worthy of an opinion, I wrote a brief letter to the Attorney-General to inform him for the reasons I have mentioned earlier, that I was proposing to provide that opinion. In most cases with very few exceptions, I received no answer from the Attorney-General. I took his silence as consent. In most cases, I provided a copy of that opinion to him, so he had the ability to consider whether he regarded it as a correct one or not.
Malcolm Turnbull goes to the politicians “entitlements”. He wants to start by calling them something different such as work expenses.
1.00am BST
I think what used to happen in many years past was politicians were reluctant to increase their salaries and so compensated themselves by having more generous fringe benefits and perks of gold cards and that sort of thing.
01:00
It is much better to have a completely transparent system as is the case now and...everything is completely above board.
Gleeson makes the point that the SG is independent, the independence is in the statute, that should not be messed with, but the AG has to take responsibility for everything done by the SG and every other government lawyer.
Now this was responding to a call from Andrew Wilkie and Cathy McGowan yesterday for reform and full implementation of the recommendations out of the Bronwyn Bishop Choppergate report.
The position I seethe Attorney-General in is one where we should be having a complementary relationship to assist the executive and occasionally the parliament to remain within the rule of law.
12.01am BST
12.58am BST
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Malcolm Turnbull says he has full confidence in his financial services minister, Kelly O’Dwyer. And in his justice minister, Michael Keenan.
Gleeson says it is the SG who spends all day every day considering advice and the AG does not have that luxury of time but the AG is responsible to the parliament.
As one of the saints said, to err is human.
He says as a result, sometimes the SG’s opinion is regarded by an AG as incorrect.
Neil suggests there is a perception of chaos around government.
It is unusual but it happens, he says. When it does, the AG can countermand the SG’s opinion. That becomes the legal opinion of the government followed by everyone including the SG until the high court says otherwise.
Oh no there’s not, Neil, seriously.
12.55am BST
The Labor party had a success because our guys weren’t paying attention … that is one of the few pleasures of opposition and I don’t begrudge Bill Shorten savouring.
00:55
He then notes all the government’s achievements this week, ergo tax cuts, Singapore trade deals, CFA legislation, etc etc.
Gleeson says the solicitor does not always get it right and there are tensions in the process. Governments are usually policy driven and “there is nothing wrong with that”.
Updated
12.54am BST
at 12.06am BST
00:54
11.57pm BST
Gleeson says it is “essential” the solicitor general maintains its independence. He names former solicitor generals
23:57
One is always balancing a fundamental commitment to the rule of law with a desire to assist the executive of the day and occasionally the parliament with the rule of law.
Malcolm Turnbull will not commit to the idea of linking home loans to the cash rate. This is the idea where the home loan is in “lockstep” with the cash rate, says Mitchell. The house economics committee, which grilled the bank chiefs, is considering the idea.
12.52am BST
Turnbull explains the banks get funding from different sources, which make up the cost of lending. He says the banks have done a “woeful job” of explaining how the business works.
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Updated
Gleeson says he has a relationship with the attorney general but also a duty for the Australian people.
at 12.05am BST
He has given about 120 written opinions.
11.53pm BST
12.51am BST
23:53
00:51
Neil Mitchell notes the NSW parliament’s upper house has formally called Donald Trump a “revolting slug”. Malcolm Turnbull says he doesn’t think it’s a big deal and his focus is on government. Mitchell is exercised by Frydenberg’s comments as well. Turnbull is dead batting it in a barrister-ly way.
Murray Watt for Labor opens the batting for Labor. He notes Gleeson was appointed in 2012. He outlines Gleeson’s appearances for the government, including in the whaling cases and the tobacco plain packaging laws among others.
Neil says the real meaning of “dropkick” (Frydenberg’s word) is obscene. He is offended by the sound of it.
He is setting up Gleeson’s experience as the second law officer of the commonwealth.
Turnbull is not going to buy into the American debate. He will buy into the American Congress’s view on the Trans Pacific Partnership. Support it, he says.
12.49am BST
I suggest Mr Frydenberg look up what “dropkick” means, says Neil.
00:49
Updated
Gleeson says apart from that, he won’t make a longer statement given he has written a submission.
at 12.04am BST
12.48am BST
11.41pm BST
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23:41
Gleeson is giving an opening statement. He is outlining his role as a statutory officer. He says, given his role, he believes he should have agreed to appear without compulsion.
Good morning, blogans.
12.46am BST
I know I told you all #politicslive would be back next week but, hey, there is just too much around not to share it with you.
00:46
The main news dish is the attorney general’s appearance at the Senate legal and constitutional affairs committee over the dispute with the solicitor general, Justin Gleeson.
Gleeson says he makes no request on appearing in camera. Macdonald, not happy :(
The solicitor general will appear at 10.30am followed by a short break and then George Brandis will appear at 12.30pm. He was due to appear earlier but he asked to appear slightly later, for reasons unknown. Things will wind up at 2.15pm.
12.45am BST
But don’t despair, people. There are three other committees on. Malcolm Turnbull has been on radio with Neil Mitchell. I will have a full report but the bit I heard so far involves Turnbull refusing to carpet his energy minister, Josh Frydenberg, for calling Donald Trump a “dropkick”. In my mind, this would seem a perfectly reasonable thing to say.
00:45
And Tony Abbott has been out ahead of the NSW Liberal democratic convention, which is going to have full fireworks at the weekend.
Gleeson is given his choice and he says its up to the committee.
You can speak to me on the Twits @gabriellechan or below in the comments thread. Feel free to ask any questions and I will endeavour to find an answer if I don’t know it.
I have nothing further to say on the matter.
TGIF.
12.45am BST
Updated
00:45
at 11.54pm BST
LNP senator Ian Macdonald says he tried to have Gleeson and Brandis’ evidence in camera. But of course, the government does not control this committee.
12.44am BST
00:44
Protected by Parliamentary privilege only if you're physically in Australia. #stoush #BrandisGleeson
