Former solicitors-general weigh in on George Brandis, Justin Gleeson row following resignation
By political reporter Matthew Doran
Former solicitors-general have weighed into the dispute between the Attorney-General and the outgoing Solicitor-General, reinforcing their view the office needs to remain staunchly independent, but questioning aspects of Justin Gleeson's argument his position was untenable.
Mr Gleeson resigned as Solicitor-General yesterday after a bitter public spat with Attorney-General George Brandis about his decision to restrict access to his office's expert legal advice.
Mr Gleeson had also complained about being left out of deliberation on key matters of public importance, such as anti-terror legislation and the debate on same-sex marriage, and that Senator Brandis had sought other legal advice.
Mr Gleeson's resignation came on the same day the former office holders had gathered to debate the importance of the role.
Sir Anthony Mason QC was solicitor-general in the 1960s, before being appointed to the High Court in 1972 and serving as its chief justice for more than eight years.
His opinion was that Senator Brandis' interpretation of the Act, which sets out the solicitor-general's powers, and claiming all requests for advice must come through him, was a "bit of a stretch".
The outgoing Solicitor-General's resignation effectively ends his dispute with George Brandis, but which man faces the new day with less mud on his face remains to be seen.
Sir Anthony said the solicitor-general was an independent law officer, "generally not subject to directions by the attorney-general as to the manner in which he should discharge his functions".
"At the same time, the solicitor-general is, in my view, a professional colleague of the attorney," he said.
"But neither this, nor the fact the solicitor is an independent law officer, prevents the Government seeking advice from counsel other than the solicitor-general.
"There may be sound reasons why advice may be sought from other counsel — the solicitor, unfortunately unlike the Pope, has no claim to infallibility."
Bob Ellicott was one of only a handful to have experience on both sides of the divide.
He served as solicitor-general from 1969 to 1973, before he was elected to parliament and appointed as attorney-general under Liberal prime minister Malcolm Fraser.
"The relationship between attorney-general, solicitor-general is based on trust, and confidence and good faith," Mr Ellicott said.
"Independence does not mean the independence to go about and advise anybody."
Mr Ellicott went on to note that "you don't have to resign because you can't get on with the Attorney-General, or vice versa".
The Attorney-General and other Coalition members have seized upon Mr Gleeson's own evidence to a Senate inquiry that he spoke to the shadow attorney-general Mark Dreyfus during the caretaker period, when the nation was in the midst of the election campaign.
Grow a pair Mal - Sack Brandis
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- Rorschach
- Posts: 14801
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Re: Grow a pair Mal - Sack Brandis
DOLT - A person who is stupid and entirely tedious at the same time, like bwian. Oblivious to their own mental incapacity. On IGNORE - Warrior, mellie, Nom De Plume, FLEKTARD
Re: Grow a pair Mal - Sack Brandis
What is the relevance of that motherhood nothingness, Roach?
- Neferti
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Re: Grow a pair Mal - Sack Brandis
DID some australian person (known as variously as .... phil e buster, elde fruit, dame edna, xxxxx and various others) say something worthwhile?
- Rorschach
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Re: Grow a pair Mal - Sack Brandis
Doubt it Nef, got him on ignore anyway. 

DOLT - A person who is stupid and entirely tedious at the same time, like bwian. Oblivious to their own mental incapacity. On IGNORE - Warrior, mellie, Nom De Plume, FLEKTARD
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