Wednesday, October 05, 2016 6:22:07 AM
Will Australia's AG Brandis do a Gonzales and resign?
"Abbott government faces backlash over race hate law changes " .. they were proposed by 'hard right' George Brandis
Attorney-General George Brandis urged to resign amid claims he misled parliament
Michaela Whitbourn
October 5 2016 - 7:32PM
Attorney-General George Brandis is facing calls to resign after the government's top legal adviser accused him of misleading Parliament, in a dramatic escalation of a toxic row between the country's two most senior legal officers.
Senator Brandis has come under fire over a contentious move to restrict his ministerial colleagues'
ability to seek independent legal advice directly from Solicitor-General Justin Gleeson, SC.
http://www.smh.com.au/federal-politics/political-news/foi-documents-suggest-attorneygeneral-george-brandis-misled-parliament-20160922-grlsh0.html
VIDEO: The Brandis diaries - 01:34
Attorney General George Brandis has to hand over his diaries to Labor's Mark
Dreyfus after losing his bid to keep his meetings secret. Courtesy ABC News 24
Documents released at a Senate inquiry on Wednesday suggest same-sex marriage laws and a proposal to strip dual nationals involved in terrorism of Australian citizenship were flashpoints in a simmering feud between the two men.
Mr Gleeson, the government's top legal adviser, said in an explosive submission to the inquiry that he had not been consulted about a change requiring all ministers – including the prime minister – to obtain the written approval of Senator Brandis before seeking his advice.
Related Content
Has Attorney-General George Brandis misled parliament?
http://www.smh.com.au/federal-politics/political-news/foi-documents-suggest-attorneygeneral-george-brandis-misled-parliament-20160922-grlsh0.html
Senator Brandis claimed in Parliament Mr Gleeson was consulted about the legally binding change, made days before the election.
Mr Gleeson said he had taken steps to have the change "withdrawn and for a proper consultation process to commence" but they had "proved futile".
"Had I been consulted ... I would have made a submission to the Attorney-General, in the strongest terms, that [the change] should not be made," Mr Gleeson said.
Legal experts have expressed concern the change is a power grab that restricts the independence of the Solicitor-General.
Shadow attorney-general Mark Dreyfus has
called on Mr Brandis to resign. Photo: Nick Moir
Mr Gleeson said there had been times since his appointment in 2013 when he had been asked directly by "persons, such as a Prime Minister or Governor-General" to provide confidential advice and it was "critically important" this should continue.
Shadow attorney-general Mark Dreyfus said "Senator Brandis has misled the Australian Parliament and lied to the Australian people".
Attorney-General George Brandis is facing calls to resign after the government's
top legal adviser accused him of misleading Parliament. Photo: Fairfax Media
"He has no choice but to resign. If Senator Brandis does not resign, then Mr Turnbull must show some leadership and sack Senator Brandis," Mr Dreyfus said.
But Senator Brandis said in a submission to the inquiry, set up by Labor with the support of the crossbench, that he was "surprised" he had not been invited to make a submission.
He insisted Mr Gleeson was consulted about the change. He added that since he made the change he had received ten requests for referrals to the Solicitor-General and had referred "all ten of them".
Mr Gleeson wrote to Senator Brandis in November 2015, raising concerns the Australian Government Solicitor (AGS) rather than his office was consulted on a marriage equality proposal that was "under active consideration by the government".
Mr Gleeson also said he was not consulted about significant changes to a proposal to strip dual nationals involved in terrorism of Australian citizenship. Senator Brandis later made public statements that Mr Gleeson had advised there was a "good prospect" the law would withstand a High Court challenge.
Mr Dreyfus said it was "very concerning that Senator Brandis failed to consult the Solicitor-General on this important legal matter".
"It's also very concerning that Senator Brandis ... [appears] to have misrepresented the advice of the Solicitor-General," Mr Dreyfus said.
University of NSW associate professor Gabrielle Appleby told the Senate inquiry on Wednesday the changes "may be in the future a way the Attorney-General can freeze out the Solicitor-General".
In his submission, Mr Gleeson said he was "already seeing evidence that requests for advice on matters of very great significance to the government and the community are going to persons other than the Solicitor-General".
Senator Brandis and the office of the Prime Minister were contacted for comment.
http://www.smh.com.au/federal-politics/political-news/attorneygeneral-george-brandis-urged-to-resign-amid-claims-he-misled-parliament-20161004-grv3iz.html
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Solicitor-general Justin Gleeson not consulted on citizenship laws, marriage equality laws
Portrait of Justin Gleeson SC, Banco Chambers. Pic by Nic Walker. Date 4th March 2010.
Justin Gleeson is Solicitor-General of the Commonwealth of Australia. Nic Walker
Laura Tingle Oct 5 2016 at 3:43 PM
Updated Oct 5 2016 at 5:49 PM
Solicitor-General Justin Gleeson SC was not consulted on "matters of exceptional importance to the government" including the constitutionality of the government's move
to revoke citizenship of dual citizens, on marriage equality and on the release of correspondence between Sir John Kerr and the Queen in 1975, the Senate has been told.
[...]
For something as serious and drastic as removing citizenship from an Australian citizen to not have been based on the advice of
the Solicitor-General shows a government at best disinterested in the rule of law, and at worst completely contemptuous of it."
http://www.afr.com/news/solicitorgeneral-not-consulted-on-citizenship-laws-marriage-equality-laws-20161005-grvgnv
The top two law enforcement officers of Australia at logger-heads. Would love to see Brandis do a Gonzales.
"Abbott government faces backlash over race hate law changes " .. they were proposed by 'hard right' George Brandis
Attorney-General George Brandis urged to resign amid claims he misled parliament
Michaela Whitbourn
October 5 2016 - 7:32PM
Attorney-General George Brandis is facing calls to resign after the government's top legal adviser accused him of misleading Parliament, in a dramatic escalation of a toxic row between the country's two most senior legal officers.
Senator Brandis has come under fire over a contentious move to restrict his ministerial colleagues'
ability to seek independent legal advice directly from Solicitor-General Justin Gleeson, SC.
http://www.smh.com.au/federal-politics/political-news/foi-documents-suggest-attorneygeneral-george-brandis-misled-parliament-20160922-grlsh0.html
VIDEO: The Brandis diaries - 01:34
Attorney General George Brandis has to hand over his diaries to Labor's Mark
Dreyfus after losing his bid to keep his meetings secret. Courtesy ABC News 24
Documents released at a Senate inquiry on Wednesday suggest same-sex marriage laws and a proposal to strip dual nationals involved in terrorism of Australian citizenship were flashpoints in a simmering feud between the two men.
Mr Gleeson, the government's top legal adviser, said in an explosive submission to the inquiry that he had not been consulted about a change requiring all ministers – including the prime minister – to obtain the written approval of Senator Brandis before seeking his advice.
Related Content
Has Attorney-General George Brandis misled parliament?
http://www.smh.com.au/federal-politics/political-news/foi-documents-suggest-attorneygeneral-george-brandis-misled-parliament-20160922-grlsh0.html
Senator Brandis claimed in Parliament Mr Gleeson was consulted about the legally binding change, made days before the election.
Mr Gleeson said he had taken steps to have the change "withdrawn and for a proper consultation process to commence" but they had "proved futile".
"Had I been consulted ... I would have made a submission to the Attorney-General, in the strongest terms, that [the change] should not be made," Mr Gleeson said.
Legal experts have expressed concern the change is a power grab that restricts the independence of the Solicitor-General.
Shadow attorney-general Mark Dreyfus has
called on Mr Brandis to resign. Photo: Nick Moir
Mr Gleeson said there had been times since his appointment in 2013 when he had been asked directly by "persons, such as a Prime Minister or Governor-General" to provide confidential advice and it was "critically important" this should continue.
Shadow attorney-general Mark Dreyfus said "Senator Brandis has misled the Australian Parliament and lied to the Australian people".
Attorney-General George Brandis is facing calls to resign after the government's
top legal adviser accused him of misleading Parliament. Photo: Fairfax Media
"He has no choice but to resign. If Senator Brandis does not resign, then Mr Turnbull must show some leadership and sack Senator Brandis," Mr Dreyfus said.
But Senator Brandis said in a submission to the inquiry, set up by Labor with the support of the crossbench, that he was "surprised" he had not been invited to make a submission.
He insisted Mr Gleeson was consulted about the change. He added that since he made the change he had received ten requests for referrals to the Solicitor-General and had referred "all ten of them".
Mr Gleeson wrote to Senator Brandis in November 2015, raising concerns the Australian Government Solicitor (AGS) rather than his office was consulted on a marriage equality proposal that was "under active consideration by the government".
Mr Gleeson also said he was not consulted about significant changes to a proposal to strip dual nationals involved in terrorism of Australian citizenship. Senator Brandis later made public statements that Mr Gleeson had advised there was a "good prospect" the law would withstand a High Court challenge.
Mr Dreyfus said it was "very concerning that Senator Brandis failed to consult the Solicitor-General on this important legal matter".
"It's also very concerning that Senator Brandis ... [appears] to have misrepresented the advice of the Solicitor-General," Mr Dreyfus said.
University of NSW associate professor Gabrielle Appleby told the Senate inquiry on Wednesday the changes "may be in the future a way the Attorney-General can freeze out the Solicitor-General".
In his submission, Mr Gleeson said he was "already seeing evidence that requests for advice on matters of very great significance to the government and the community are going to persons other than the Solicitor-General".
Senator Brandis and the office of the Prime Minister were contacted for comment.
http://www.smh.com.au/federal-politics/political-news/attorneygeneral-george-brandis-urged-to-resign-amid-claims-he-misled-parliament-20161004-grv3iz.html
---
Solicitor-general Justin Gleeson not consulted on citizenship laws, marriage equality laws
Portrait of Justin Gleeson SC, Banco Chambers. Pic by Nic Walker. Date 4th March 2010.
Justin Gleeson is Solicitor-General of the Commonwealth of Australia. Nic Walker
Laura Tingle Oct 5 2016 at 3:43 PM
Updated Oct 5 2016 at 5:49 PM
Solicitor-General Justin Gleeson SC was not consulted on "matters of exceptional importance to the government" including the constitutionality of the government's move
to revoke citizenship of dual citizens, on marriage equality and on the release of correspondence between Sir John Kerr and the Queen in 1975, the Senate has been told.
[...]
For something as serious and drastic as removing citizenship from an Australian citizen to not have been based on the advice of
the Solicitor-General shows a government at best disinterested in the rule of law, and at worst completely contemptuous of it."
http://www.afr.com/news/solicitorgeneral-not-consulted-on-citizenship-laws-marriage-equality-laws-20161005-grvgnv
The top two law enforcement officers of Australia at logger-heads. Would love to see Brandis do a Gonzales.
It was Plato who said, “He, O men, is the wisest, who like Socrates, knows that his wisdom is in truth worth nothing”
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