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George Brandis: Justin Gleeson should have asked me before speaking to Mark Dreyfus – politics live George Brandis: Justin Gleeson should have asked me before speaking to Mark Dreyfus – politics live
(35 minutes later)
6.05am BST
06:05
Brandis has talked about why the citizenship bill in question changed a number of times.
The bill related to removing citizenship from sole citizens over terrorism suspects. It is contentious in this committee because while Gleeson gave advice on the earlier draft, he had drawn a different conclusion on later drafts. He objected to Brandis using his earlier opinion – that the bill would withstand high court challenge – when the bill had been changed since that time.
Brandis has told the committee this afternoon the bill had to change a number of times because the then prime minister, Tony Abbott, wanted Peter Dutton and George Brandis on the same page.
But Dutton and Brandis were at odds and the cabinet was split, as shown in Peter Hartcher and James Massola’s story in May last year.
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05:51
This is Dreyfus’s statement:
Today’s Senate inquiry has put beyond doubt that Senator Brandis has destroyed the integrity of the office of the solicitor general and knowingly misled the Senate. He must resign.
Senator Brandis – through his own inexcusable actions – has made his own position untenable.
If he does not resign, then prime minister Turnbull must live by the standard he has set himself and sack him.
Solicitor general Justin Gleeson, in an appearance at the Senate committee today, could not have been clearer in establishing the following facts:
Senator Brandis has now, on repeated occasions, knowingly misled the Senate with his statements that he had in fact consulted the solicitor general. After today’s Senate hearing we now know, beyond doubt, that is not true.
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Dreyfus confirmed he had a conversation with Gleeson during the caretaker period.Dreyfus confirmed he had a conversation with Gleeson during the caretaker period.
5.40am BST5.40am BST
05:4005:40
Brandis says (in his mind) when he “consulted” Gleeson, he had not decided to implement the LSD - legal services direction. Brandis says (in his mind) when he “consulted” Gleeson, he had not decided to implement the LSD (legal services direction).
Mark Dreyfus is speaking, calling for Brandis to resign.Mark Dreyfus is speaking, calling for Brandis to resign.
He described LNP senators behaviour towards Gleeson as: He described LNP senators’ behaviour towards Gleeson as:
extraordinary disrespectful rude conduct. extraordinary, disrespectful, rude conduct.
Dreyfus said it was inappropriate behaviour towards senior statutory office holders.Dreyfus said it was inappropriate behaviour towards senior statutory office holders.
He called on Turnbull to make it clear to the senators it was inappropriate.He called on Turnbull to make it clear to the senators it was inappropriate.
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AG Brandis uses one of his books-Matters for Judgement by John Kerr during evidence @gabriellechan @GuardianAus pic.twitter.com/V8cIAljjPDAG Brandis uses one of his books-Matters for Judgement by John Kerr during evidence @gabriellechan @GuardianAus pic.twitter.com/V8cIAljjPD
5.24am BST5.24am BST
05:2405:24
Brandis says there is an obligation on every legal practitioner, solicitors or barristers, not to disclose advice.Brandis says there is an obligation on every legal practitioner, solicitors or barristers, not to disclose advice.
Even if there is some “construction” from Gleeson for talking to Mark Dreyfus during an election campaign, Brandis says there is no excuse for not telling Brandis.Even if there is some “construction” from Gleeson for talking to Mark Dreyfus during an election campaign, Brandis says there is no excuse for not telling Brandis.
He says Gleeson should have sought Brandis’ consent first and if Gleeson thought he was obligated to talk to Dreyfus, Gleeson should have recommended to Brandis that the AG allow it.He says Gleeson should have sought Brandis’ consent first and if Gleeson thought he was obligated to talk to Dreyfus, Gleeson should have recommended to Brandis that the AG allow it.
Brandis said he may have sought advice and may well have allowed the conversation to take place.Brandis said he may have sought advice and may well have allowed the conversation to take place.
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Reynolds again complains about the treatment of Brandis by Watt.Reynolds again complains about the treatment of Brandis by Watt.
Brandis again steps in and says he is fine. He notes Watt was very polite to Gleeson but:Brandis again steps in and says he is fine. He notes Watt was very polite to Gleeson but:
If you want to be rude to me, go right ahead.If you want to be rude to me, go right ahead.
5.04am BST5.04am BST
05:0405:04
Murray Watt just questioned why the secretary of the department, Chris Moraitis, did not appear. I missed the comment but general outrage ensued and Watt withdrew – given Moraitis had requested leave some time before.Murray Watt just questioned why the secretary of the department, Chris Moraitis, did not appear. I missed the comment but general outrage ensued and Watt withdrew – given Moraitis had requested leave some time before.
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05:0005:00
Watts says former SG Griffiths, the current SG Gleeson and Sir Anthony Mason disagree with the direction at issue.Watts says former SG Griffiths, the current SG Gleeson and Sir Anthony Mason disagree with the direction at issue.
Brandis says as a lawyer “all of my adult life” he understands lawyers have different views about different contestable issues.Brandis says as a lawyer “all of my adult life” he understands lawyers have different views about different contestable issues.
Only in the high court, does the majority rule.Only in the high court, does the majority rule.
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04:57
Senator Reynolds wants to pull up Murray Watts who is the most combative for Labor. Brandis tells Reynolds,
Oh senators I don’t mind...
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04:40
George Brandis on the Mark Dreyfus conversation:
Just as Mr Gleeson didn’t want to reflect on me, I don’t want to reflect on him, but I do say that it is very surprising that the solicitor general should have had a conversation with one of the government’s principal political enemies in the middle of an election campaign without advising the government that he had done so.
I listened carefully to his reasons why he thought it was appropriate for him to speak to Mr Dreyfus and I don’t necessarily disagree with him. I reserve my position on that until I have the opportunity to reflect more carefully. But I cannot begin to understand why Mr Gleeson did not reveal that fact to me.
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4.37am BST
04:37
Macdonald asks whether he spoke to the media about the matter. Brandis says before the story appeared in the media he did not speak to the media about it.
Then he may have responded to the media after that, on or off the record.
There was a letter leaked to the Financial Review’s Laura Tingle. Brandis says he was satisfied the letter was not leaked from his office and the AG’s secretary of the department confirmed to him that the letter had not been leaked from the department.
The only other place that would have seen the letter was the SG’s office.
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4.32am BST
04:32
Now Watt gets stuck in.
Senator Brandis, why you are treating Australia’s solicitor general as a dog on a lead?
Brandis:
Do you have a serious question?
LNP senator O’Sullivan asks for Watt’s question to be withdrawn.
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4.29am BST
04:29
AG Brandis says all allegations he's misled the Senate have been without foundation #BrandisGleeson @abcnews pic.twitter.com/yS4RbuQ3Gc
4.24am BST
04:24
Under questioning from Watt, Brandis says it would be inconceivable that Brandis as AG would not allow the governor general to seek legal advice in any dispute between the GG and the PM.
So even in 1975 at the crescendo of the crisis, the legal advice ... provided to Sir John Kerr was jointly signed from the attorney general and the solicitor general.
#BrandisGleeson pic.twitter.com/V5rpuoKEpp
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04:19
Brandis says he has talked to lawyers about his appearance but does not know if it constitutes legal advice.
He considers the independence of the SG important.
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4.17am BST
04:17
Watt goes through Brandis’s CV, which is not as long and distinguished as Gleeson’s. Brandis acknowledges that and says he does not hold himself out as more experienced.
I have been the subject of many accusations senator Watt.
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4.15am BST
04:15
Chair Pratt notes Brandis has now spoken for 40 minutes. He will provide the opening statement to committee members.
Murray Watt opens and congratulates him on an “opening short statement of obfuscation”.