Gleeson says he and the attorney general no longer enjoy ‘complete trust and confidence’ after public clashes

This article is more than 3 years old

This article is more than 3 years old

The solicitor general, Justin Gleeson, has announced his imminent resignation, citing his “irretrievably broken” relationship with the attorney general, George Brandis.

On Monday Gleeson wrote to Brandis announcing he would tender his resignation on 7 November to resolve the “impasse” that had developed between the pair.

The pair has been engaged in a very public spat over whether Brandis properly consulted Gleeson before making a binding legal direction that all government requests for Gleeson’s advice would have to be approved by the attorney general’s office.



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The dispute culminated in a public showdown before a Senate committee in which Gleeson declared he had ignored the direction because he believed it is unlawful.

In his letter of resignation, Gleeson said his decision “did not amount to a withdrawal of any position I have taken in relation to the controversy between us”.

Rather, the solicitor general said his decision was motivated “solely by the best interests of the commonwealth” and to restore a functional working relationship between the first and second law officer.

Gleeson objected to the direction because he said it prevented him giving urgent legal advice without written consent and would tip the attorney general off when others, including the prime minister or governor general, asked for confidential advice.

Brandis claimed he had consulted Gleeson at a meeting on 30 November at which the issue of processes for referring advice were discussed but Brandis did not tell Gleeson he proposed to make the direction.

Through submissions to the Senate committee examining the dispute, Gleeson revealed disagreements with the attorney general about legal advice including that he had not advised on the final version of the government’s bill to strip terrorists of Australian citizenship.

In his resignation letter Gleeson said his decision would “better enable the parliament to make an objective consideration of the issues I have raised undistracted by personalities”.

The Senate is expected to disallow the legal direction after the committee inquiring into it concludes on 7 November.

Gleeson said he rejected “each and every attack and insinuation that has been made in recent times upon me personally or upon my office, by government members, including by [Brandis], in Senate committee processes”.

The committee’s deputy chairman, Ian MacDonald, subjected Gleeson to fierce questioning because he had advised shadow attorney general, Mark Dreyfus, he had not been consulted before Brandis made the direction. In the Senate, MacDonald accused Gleeson of politicising the office.

Gleeson said the interests of Australia “can be served only when its first and second law officers enjoy each other’s complete trust and confidence within a mutually respectful relationship”.

Explaining his resignation at two weeks’ notice, Gleeson said the Attorney General’s Department and office needed to urgently negotiate an effective way forward with his successor as solicitor general.

Laura Tingle (@latingle) Part of Gleeson's resignation letter pic.twitter.com/ni6j1V184w

In a statement, Brandis accepted the resignation, describing it as “the proper course of action for him to have taken” despite claiming before the 14 October committee hearing that his relationship with Gleeson was still functional.



“I thank Mr Gleeson for his service as the solicitor general of the commonwealth and wish him well for the future,” Brandis said.

Dreyfus said Gleeson had resigned as a result of Brandis’ “disgraceful treatment”.

He said Brandis had acted shamefully first through the power grab of the legal direction and then by lying to parliament by maintaining he had consulted Gleeson.

“Since Senator Brandis’s move to destroy the independence of the office of solicitor general came to light, Mr Gleeson has conducted himself with dignity and respect at every turn,” he said.

He said the attorney general should have been the one to resign or be sacked by the prime minister.

Bill Shorten (@billshortenmp) Justin Gleeson SC: an honourable man pushed out of office by a dishonourable government. Turnbull should hang his head in shame.

At the 14 October hearing, Brandis said he was “shocked” that Gleeson had not revealed earlier that he told Dreyfus during the caretaker period he believed he hadn’t been consulted.

“Even if on some construction he didn’t do the wrong thing [by speaking to Dreyfus] – no explanation was offered or is possible for why he did not to disclose that fact to the government,” Brandis said.

The attorney general said Gleeson should have sought consent before revealing to the committee that he had been given a request for urgent advice about the composition of the Senate.