Attorney-General George Brandis misled Parliament over his dealings with the government's chief legal adviser, a Senate committee has concluded in a damning report that reopens the toxic rift between the two men.
In a report released late on Tuesday, the Senate standing committee on legal and constitutional affairs concluded Senator Brandis did not consult former solicitor-general Justin Gleeson, SC, about a controversial change to the way he would be briefed.
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It sets the stage for a censure motion against Senator Brandis, who had assured Parliament Mr Gleeson was advised about the move. Mr Gleeson resigned his post on October 24, saying their relationship was "irretrievably broken".
The chair of the committee, Labor senator Louise Pratt, said the report demonstrated the "unfitness of the Attorney-General to hold his high office" and he had made "false and misleading statements" in the Senate.
![The Senate was preparing to remove a controversial directive issued by Attorney-General George Brandis about the ...](/web/20161127145000im_/http://www.smh.com.au/content/dam/images/g/s/2/p/a/a/image.related.articleLeadwide.620x349.gsk7xc.png/1479723526301.jpg)
But Liberal senator Ian Macdonald, one of two government senators who delivered a dissenting report, said the Labor and Greens-dominated committee always conducted "political witch hunts" and "nobody takes any notice" of its work.
The inquiry had "destroyed the career of the Solicitor-General who was himself appointed by the previous Labor administration", Senator Macdonald and his Liberal colleague Linda Reynolds said.
The country's two most senior lawyers had been at loggerheads over a legally binding direction issued by Senator Brandis before the July 2 election which prevented ministers, including the Prime Minister, seeking advice from Mr Gleeson without his written approval.
Mr Gleeson had flatly rejected claims he was consulted about the change.
![Former solicitor-general Justin Gleeson SC.](/web/20161127145000im_/http://www.smh.com.au/content/dam/images/g/s/e/y/t/6/image.related.articleLeadNarrow.300x0.gsk7xc.png/1478666227282.jpg)
Legal experts had expressed concern the direction posed a risk of "freezing out" the solicitor-general, who holds a statutory office and gives independent advice on matters of national significance as well as appearing in high-profile court cases.
Senator Brandis has rejected claims he was "shopping around" for advice he regarded as politically convenient from members of the private bar.
The majority of the committee concluded Senator Brandis had relied on a "fanciful definition of 'consultation'" and Mr Gleeson was not advised about the "improper" direction until it had taken effect.
It said claims Mr Gleeson was consulted about the move brought to mind Humpty Dumpty in Lewis Carroll's Through the Looking-Glass, who said: "When I use a word, it means just what I choose it to mean, neither more nor less."
The committee recommended the direction be withdrawn and Senator Brandis be censured over the move.
The report raised concerns the direction "inhibits free and independent access to the Solicitor-General by agencies and ministers other than the Attorney-General".
The committee concluded the Attorney-General's actions "represent a gross infringement on the independence of the Solicitor-General, and call into question the professional integrity and judgment of the Attorney-General".
"The lack of respect that the Attorney-General has displayed towards the Solicitor-General, and the state of their relationship prior to the Solicitor-General's resignation – one of the most critical relationships in his portfolio – demonstrates his lack of competence to hold the office of Attorney-General," it said.
At a fiery hearing on October 14, Mr Gleeson told the Senate committee the direction effected a "radical" change to the way his office functioned and he regarded it as unlawful.
He said if the Governor-General or Prime Minister came to him directly for advice he would consider it his legal duty to make a "conscientious decision" to flout the direction and provide them with advice.
But Senator Brandis told the committee the change was consistent with the law and historical practice and was merely "administrative housekeeping".
Labor and crossbench senators are poised to strike down the direction in the Senate as early as Thursday.
The Senate committee inquiry was initiated by Labor with the support of the crossbench.
Senator Brandis has previously been censured by the Senate over his attacks on Human Rights Commission president Gillian Triggs.
Comment was sought from the Attorney-General.
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