The AIM Network

No, Minister, that’s illegal

Stuart Robert (Image from abc.net.au / Photo by AAP: Mick Tsikas)

Former Government Services Minister Stuart Robert appeared at the Robodebt Royal Commission last week and attempted to do as so many others have done – blame someone else. As The Guardian reported 

Repeatedly he made comments directly at odds with what he now tells the commission he believed: that the scheme was deeply flawed. In fact, he explained its key mathematical flaw – the central reason it is unlawful – as articulately as any other witness on the stand on Thursday.

Robert accepted on Thursday that he had told the public things he believed were “false” because of “cabinet solidarity”.

In a particularly memorable encounter with the commissioner, Catherine Holmes, Robert said: “As a dutiful cabinet minister, ma’am, that’s what we do.”

Holmes replied: “Misrepresent things to the Australian public?”

The Commissioner has a point. The New Daily reports 

Mr Robert cast himself as the man who brought robodebt to a swift end after his conscience had been pricked by a report into the scheme.

His conscience sent him straight down a parliamentary corridor to burst into Mr Morrison’s office.

“Within hours I walked into the prime minister’s office to put an end to it,” he testified.

“I think my actions go to my state of mind.”

However

the recollection of Professor Renee Leon, a distinguished lawyer and the public servant in charge of a government department as robodebt dwindled, contradicted Mr Robert’s evidence.

Professor Leon recalled receiving advice in February that the scheme was likely illegal and quoted directly from what she said were two briefings she gave to Mr Robert after his appointment in May, during which, she said, she suggested apologising.

“We absolutely will not be doing that. We will double down,” she recalled him replying. “Legal advice is just legal advice.”

Professor Leon testified that senior members of the Coalition appeared “very attached” to the scheme, but that she had been at a loss to explain why it had lasted for so long.

Robert denies Leon’s claims.

Heavens knows if Robert went to the PM’s office as soon as he realised the problems inherent in Robodebt but it is known that Robert is a Pentecostal Christian, as is former PM Morrison. Morrison apparently calls Robert ‘Brother Stewie’, which begs the question how well have both of them read their holy book? There are multiple references to doing to others as you hope they would do to you, looking after those who are less fortunate than yourself and not killing anyone. It is a mystery how a lot of Coalition policy promoted by Morrison and Robert passes those tests.

A list of somewhat dubious political decisions made by Robert that go back years was published by The Saturday Paper last December. His claimed trip to the PM’s office obviously wasn’t a sign of a change of character, as The Saturday Paper was reporting on Robert allegedly telling people how to avoid registering as a lobbyist in 2020. 

Thats not to say that the senior public servants have covered themselves with glory here either. While the public service exists to implement the policy of the government of the day, they also have to act morally and ethically as well as providing frank and fearless advice. Assuming the evidence given to the Royal Commissioner is accurate, there was a lot of senior public servants that chose to stay below the parapet rather than voice the reality that averaging income over a calendar year based on ATO data was inaccurate, probably illegal and just dumb – because the inequity and unfairness of the system would get out in the end. And when the gig was up and some evidence reported, any calls about this Royal Commission being a political ‘hit job’ disappeared very quickly. 

We all like to be told that we are brilliant thinkers and everything that we attempt is going to be successful. Unfortunately, the reality is somewhat different, most of us compensate for that by discussing plans to spend a significant sum of money, completely change our lifestyle and so on with a group of trusted people who usually have different experiences and outlook to yours. Politicians in the past employed a group of non-partisan, independently minded and experienced public servants to both formulate and implement policy that was in keeping with the perceived government of the day and the public’s wishes. At times, the senior public servants best advice would be ‘no Minister, that is not a good idea’ prior to giving reasons (such as illegality, public perception, ethics and morals and so on). Sadly, it seems that the Abbott/Turnbull/Morrison Coalition Government removed the public servants with the courage to suggest a course of action was wrong from positions of influence. They aren’t the first government to do so and sadly won’t be the last in all probability.

So what have we learnt so far from the Royal Commission? No one actually stopped for a minute to ask if ‘welfare cheating’ (as marketed by the Coalition politicians to further denigrate those who didn’t have sufficient income to live) was as prevalent as claimed. Neither did anyone stop to connect the dots that a significant number of Australians do earn wages of part of the year and are also entitled to social security when not earning. Then someone decides to automate a manual process to create ‘efficiencies’ – better known as staff cuts without remembering that computers can only say yes or no – they aren’t really good with determining individual circumstances. 

At the end of the day, it seems that the politicians and senior public servants focused more on the political outcome than the process. The Royal Commission is currently scheduled to report on 30 June. Let’s hope it brings some peace to the those that have been adversely affected by this illegal Coalition scheme.

 

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