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Thursday, 13 October 2016 <strong>SENATE</strong> 57<br />
Senator Wong: The point of order is on direct relevance. We did not actually ask about Mr Dreyfus. I know<br />
Senator Brandis thinks about him a lot. We asked about Mr Griffith QC and his views. I have not intervened for a<br />
minute, but as yet he has not actually got to the point.<br />
The PRESIDENT: I believe the Attorney-General answered it up-front by saying he does not agree and that<br />
there are other people who disagree. So I think he did answer the question quite succinctly.<br />
Senator BRANDIS: Mr Dreyfus's views, which on this occasion accord with mine, must have been fresh in<br />
his mind since the book which quotes him was only published last month. This is why I find it very difficult to<br />
understand how Mr Dreyfus could, without hypocrisy, have attacked me for allegedly doing the very thing that he<br />
said he did and would do again.<br />
The PRESIDENT: Senator Farrell, a supplementary question?<br />
Senator FARRELL (South Australia—Deputy Leader of the Opposition in the Senate) (14:12): Why has the<br />
Attorney-General, to quote Mr Griffith QC, sought to convert this great office into one of 'closet counsel' within<br />
the Attorney-General's political office?<br />
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of<br />
the Government in the Senate) (14:12): Senator Farrell, you are adorable! You are very, very popular on this side,<br />
but I am particularly grateful to you for this question today! It does happen to be the case, Senator Farrell, that on<br />
this issue I agree with Mr Dreyfus, although I do not agree with his hypocrisy in attacking me in a press release<br />
for taking precisely the same course that he said to Professor Appleby in her recently published book that he did<br />
and would do again.<br />
As Mr Dreyfus went on to observe:<br />
Because, despite the fact that I say the Solicitor-General has got higher status, she or he is still …<br />
Senator Wong: Mr President, I rise on a point of order. Again, as I said, Senator Brandis may be obsessed<br />
with Mr Dreyfus—<br />
Senator Fifield interjecting—<br />
Senator Wong: It is not inconvenient. I know they have a thing, but they can have their arguments elsewhere.<br />
The question was about the submission of Dr Griffith QC about what this Attorney-General is doing. It is a<br />
serious issue. It is a quote from a man who was the Solicitor-General for 14 years and much more eminently<br />
qualified than the Attorney-General. He ought to respond.<br />
The PRESIDENT: Think you, Senator Wong. I do agree with your point of order. I remind the Attorney-<br />
General of the question.<br />
Senator Cormann interjecting—<br />
The PRESIDENT: Order on my right!<br />
Senator BRANDIS: No jokes about the Dreyfus affair, thank you, Senator Cormann. As Mr Dreyfus said:<br />
And, most difficult legal problems are capable of another outcome.<br />
Senator Wong: Mr President, I rise on a point of order. Now Senator Brandis is simply flouting your ruling.<br />
The PRESIDENT: I did remind the Attorney-General of the question. The Attorney-General only has one<br />
second in which to answer.<br />
Senator BRANDIS: I do not agree.<br />
The PRESIDENT: Senator Farrell, a further supplementary question.<br />
Senator FARRELL (South Australia—Deputy Leader of the Opposition in the Senate) (14:14): I again refer<br />
to Dr Griffith QC, who says 'a government of integrity' would not shirk independent legal advice even if it is<br />
inconsistent with the government's political preference. Why is the Attorney-General further undermining what<br />
little integrity this government has?<br />
Senator BRANDIS (Queensland—Attorney-General, Vice-President of the Executive Council and Leader of<br />
the Government in the Senate) (14:14): Far from doing so, Senator Farrell, what I am doing is following a wellestablished<br />
practice, which was also followed, as we have learned, by my immediate predecessor in this office, Mr<br />
Mark Dreyfus, who—if I might read it to you again, Senator, since you were not listening the first time—said that<br />
he might seek another opinion on particularly important political issues:<br />
Or two. Or three. Perhaps I might feel I needed two to outweigh the Solicitor-General's advice, and I would go and get very<br />
senior advice. And I've done that. And I would do it again. Because, despite the fact that I say that the Solicitor-General has<br />
got higher status, she or he is still just a barrister.<br />
The PRESIDENT: Senator Wong, a point of order.<br />
CHAMBER