Read The Times Australia

Daily Bulletin

Morrison's multiple portfolios: why the law has nothing to do with it

  • Written by: Frank Bongiorno, Professor of History, ANU College of Arts and Social Sciences, Australian National University
Morrison's multiple portfolios: why the law has nothing to do with it

The go-to defence of pretty much everyone who is entangled in the scandal of Scott Morrison’s self-appointment to five ministerial portfolios other than his own is that no laws were broken. But this alleged legality - which remains unclear - is barely relevant to any judgement that might be offered on the affair.

Australia’s system of government would cease to function without its actors being willing to observe conventions that do not have the status of law. It is no defence of one’s behaviour to say that no law was broken as a result of it.

Australia has a written constitution, but any casual reader of its text would gain little idea of how the political system actually works. Ministers hold office “during the pleasure of the Governor-General”. The document does not mention the office of prime minister. It does not speak of a cabinet.

The lifeblood of the system is convention and practice. They are not to be found in the ink of the Constitution. Many of these conventions and practices were inherited, and then adapted, from Britain. In Australia, following developments in Canada in the late 1830s and ‘40s, this agreed practice was sometimes called “responsible government”.

“Responsible government” was a colonial adaptation of a model that was also evolving in Britain. That is why we use the term “Westminster system” as a catch-all for Australia’s system of parliamentary government.

Read more: View from The Hill: The Liberals would be better off with Morrison out of parliament

The most famous and influential account of the Westminster system appears in Walter Bagehot’s The English Constitution (1867). Its central feature, he said, distinguishing it from the more drastic separation of powers and antagonism between branches of government characteristic of the presidential system of the United States, was “the close union, the nearly complete fusion, of the executive and legislative powers”.

The lower house of a parliament, ostensibly elected to make laws, would in practice find “its principal business in making and in keeping an executive” that “should be chosen by the legislature out of persons agreeable to and trusted by the legislature”. Under Westminster convention, a cabinet required the confidence of the popularly elected chamber which, in turn, was the mechanism for the government’s accountability to the nation.

Morrison did not apparently see that in secretly having himself sworn into a range of portfolios, he was misleading parliament and preventing the accountability that Bagehot saw as the essence of the system. Instead, in seeking to justify his behaviour, he used a phrase that US President Harry S. Truman had as a sign on his desk: “The buck stops here”.

In this vein, during his press conference yesterday, Morrison referred multiple times to the popular expectations of him. He was responsible for “every drop of rain”. Morrison seems to imagine the public believed government started and ended with him.

President Harry S Truman’s famous sign on his desk - a saying from which Scott Morrison seems to have borrowed. Harry S. Truman library

Morrison has since apologised to cabinet colleagues for not having told them he signed up to their portfolios in secret. But it is telling that he has not apologised to the parliament for misleading it, nor to the Australian people for misleading them.

There was a time, not all that long ago, when phrases such as “individual ministerial responsibility” and “collective ministerial responsibility” were meaningful. The first was the principle that ministers were responsible to parliament and therefore to the people for what went on in their portfolios. They could not pass the buck to advisers or public servants, even if an error or misdeed had occurred in those quarters.

Collective ministerial responsibility referred to cabinet’s responsibility as a body for its own decisions. If a minister felt so strongly opposed to a decision agreed by cabinet that they could not publicly support it, the solution was clear. They would need to resign.

These were textbook concepts in high school Australian politics classes. It was widely understood that they were ideals and theories, that they would be applied differently according to context.

But they were understood as Westminster conventions with genuine force and importance, even if an abrogation of convention did not carry the same consequence as a breach of law.

Read more: Parliament must act to ensure Australia never has 'secret ministers' again

In contrast, we now seem to have a system in which it is considered a legitimate defence of one’s highly unconventional behaviour to say that no law was broken. But this is not a legitimate defence in a system of parliamentary government that rests substantially on convention. It is rather a serious menace to democracy.

The electorate’s concerns with institutional integrity were manifested in this year’s federal election result. But Morrison’s highly secretive, underhanded accumulation of power would likely not be the fodder of a federal anti-corruption commission. This is all the more reason to be concerned at his “nothing to see here” attitude.

When the agreed way in which our politics is conducted is eroded, what happens then? Conventions are enforced by their usage. As the parliamentary practice guide notes, “conventions are subject to change by way of (political) interpretation or (political) circumstances and may in some instances be broken”.

But they cannot simply be set aside without serious and detrimental effects on the way we are governed.

Authors: Frank Bongiorno, Professor of History, ANU College of Arts and Social Sciences, Australian National University

Read more https://theconversation.com/morrisons-multiple-portfolios-why-the-law-has-nothing-to-do-with-it-188892

Business News

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...