Solicitor-General Gleeson did 'the right thing' in resigning: PM

Attorney-General George Brandis has announced the resignation of Solicitor-General Justin Gleeson.

Solicitor-General Justin Gleeson

Former Solicitor-General Justin Gleeson. Source: AAP

Malcolm Turnbull says the solicitor-general has taken the right course of action in resigning, as the prime minister expressed his confidence in Attorney-General George Brandis.

Solicitor-General Justin Gleeson announced on Monday he was resigning because his relationship with Attorney-General George Brandis was "irretrievably broken".

The move came after Senator Brandis banned ministers from seeking advice from the solicitor-general without first notifying him - a decision which Mr Gleeson said came without consultation and undermined his independence.

The prime minister said it was not uncommon for relationships between people who work together to break down.

"The solicitor-general has done the right thing ... and he's resigned," Mr Turnbull told ABC radio on Tuesday.

"I thank Justin Gleeson for his service as solicitor-general and the attorney-general is doing a very good job as well.
"It's a pity the relationship broke down, but that does happen in other circumstances."

Mr Turnbull, who is chairing a cabinet meeting in Brisbane on Tuesday, said his government was focusing on issues that matter, such as infrastructure.

Senator Brandis announced Mr Gleeson's decision on Monday afternoon with the release of his blistering resignation letter.

“I have come to this decision with great regret, but the best interests of the Commonwealth can be served only when its first and second law officers enjoy each other’s complete trust and confidence within a mutually respectful relationship,” wrote Mr Gleeson.

"When such a relationship is irretrievably broken, as is the case here, and each law officer holds a term of office established by the constitution or statute which will not expire in the near future, there must be some resolution to the impasse.”   

Mr Gleeson said he decided to step down because Senator Brandis, as an elected Member of Parliament, holds his office through the will of the people.

But he did not take a backwards step regarding the row the pair have been having over the Attorney-General's directive in May that every approach to the Solicitor-General for advice had to go through his office.

"My decision does not amount to a withdrawal of any position I have taken in relation to matters of controversy between us," the letter states.
"I reject absolutely each and every attack and insinuation that has been made in recent times upon me personally, or upon my office, by government members of parliament, including you, in Senate Committee processes."

Mr Gleeson was referring to the six-hour committee hearing this month where both men argued over whether he was consulted about what he called a 'radical change' in practice. 

Senator Brandis has said the change was a minor procedural matter which he did consult Mr Gleeson about.

He has released a statement which thanked Mr Gleeson for his service but said the resignation was the "proper course of action".

Shadow attorney-general Mark Dreyfus believes Senator Brandis should go.

"How many more disasters do Australians have to endure before Malcolm Turnbull sacks this appalling attorney-general," Mr Dreyfus said.

"Everything he touches turns to ashes."

Mr Dreyfus denied it was improper for him to call Mr Gleeson during the caretaker period before the recent election.

He questioned what the country has come to when a member of parliament can't ask the solicitor-general, or any other senior public servant, a few questions.
Mr Gleeson will step down on November 7 and is rumoured to be headed to the London bar.

Asked whether his ministers had a problem with senior independent-minded public servants, Mr Turnbull said: "We value immensely the very frank advice we get from the Australian public service."

He did not expect it would hard to fill the vacancy.

"The office of solicitor-general is one of the great offices of the law," Mr Turnbull told reporters in Brisbane.

"You will always find many distinguished lawyers who would be honoured to accept an appointment as solicitor-general."

Opposition leader Bill Shorten said Mr Gleeson was "an honourable man pushed out of office by a dishonourable government. Turnbull should hang his head in shame."

"Senator Brandis should be condemned for his reprehensible and scandalous conduct," shadow attorney-general Mark Dreyfus said in a statement, adding the minister should be sacked.

Labor frontbencher Joel Fitzgibbon linked the saga to the stoush between Deputy Prime Minister Barnaby Joyce and former agriculture department boss Paul Grimes, who stepped down last year citing a similar relationship breakdown.
"It's pretty clear that these days, anyone who disagrees with this government, any professional public servant who gives frank and fearless advice to this government faces execution," he told reporters in Canberra.

Greens Senator Nick McKim said "Senator Brandis still has serious questions to answer regarding his statements to the Senate and the Committee, and the way he treated Mr Gleeson."

The resignation is to take effect on November 7th.

- with AAP


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5 min read
Published 24 October 2016 4:56pm
Updated 25 October 2016 12:53pm
By Daniela Ritorto


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