Justice Minister resigns over lack of consultation on Attorney-General’s pay, calling for fairness across the justice sector.
I have resigned from my position as Minister for Justice and Legal Affairs because I can no longer continue to serve in Cabinet where decisions directly affecting the justice sector are made without consultation with the Minister responsible for that sector.
The immediate issue concerns the appointment of the Attorney-General and the determination of his remuneration and terms and conditions of service at approximately $35,000 per fortnight.
I want to make it clear that my resignation is not a personal objection to the Attorney-General. The Attorney-General is an important constitutional office holder, and I fully respect the office and the responsibilities that come with it.
My concern is the process by which this decision was made and the principle of fairness across the justice sector.
As Minister responsible for Justice and Legal Affairs, I should have been consulted before a decision of this nature was made.
My only involvement was a request to the AUSAID to provide salary tops for two key positions within the Ministry. These are for the Solicitor General and the Senior Legal Draftsman, amid concerns over Government’s loss of several legal cases. The request was made to attract and retain competent experts for these critical positions, whose roles are vital to the government. AUSAID responded affirmatively to my request. Beyond these two positions, other decisions directly affecting the justice sector are made without consulting me as the Minister responsible for that sector.
The Attorney-General is the principal legal adviser to the Government, and his terms and conditions of service are matters that have significant implications for the justice sector and government as a whole.
More importantly, the Attorney-General is not the only senior constitutional office holder within the justice system.
We have the Director of Public Prosecutions and the Public Solicitor, both of whom hold important constitutional offices. We also have our judges and magistrates, as well as government lawyers and other legal professionals who carry out critical functions in maintaining the rule of law and administering justice.
Many of our government lawyers have for some time been seeking improvements to their terms and conditions of employment. Yet there has been no corresponding comprehensive improvement across the justice sector.
It is therefore difficult for me, as Minister responsible for Justice and Legal Affairs, to justify a situation where the remuneration and terms and conditions of one constitutional office holder are substantially improved while the circumstances of other constitutional office holders, judges, magistrates and government lawyers remain essentially unchanged.
This is not about begrudging anyone a fair salary. It is about fairness, equity and consistency.
If the Government has determined that the responsibilities and demands of the Attorney-General’s office warrant a significant improvement in remuneration, then we should also have a serious and structured discussion about the remuneration and conditions of the other key offices and professionals who sustain our justice system.
Our judges and magistrates must be properly supported. The Director of Public Prosecutions and Public Solicitor must be properly supported. Our government lawyers must have competitive and fair terms and conditions so that we can retain experienced and competent legal professionals within Government.
The justice system cannot be strengthened by improving the conditions of only one office while leaving the rest behind.
There is also an important constitutional principle at stake. Decisions concerning constitutional offices should be approached carefully, transparently and with proper consultation. The Minister responsible for the sector should not learn of or be presented with major decisions affecting the justice system after those decisions have effectively already been made.
Cabinet government requires consultation, collective responsibility and respect for the responsibilities of individual Ministers.
I cannot in good conscience continue to serve as Minister for Justice and Legal Affairs while being expected to defend or support an approach that I believe is unfair to the wider justice sector and was made without proper consultation with the Minister responsible.
My resignation is therefore a matter of principle and responsibility, not personality.
I remain committed to the independence of the judiciary, the rule of law, equality before the law and a strong and properly resourced justice system.
I believe that every person working to uphold justice and the Constitution deserves to be treated fairly, and that improvements to remuneration and conditions should be considered through a transparent, consistent and equitable process.
The justice sector belongs to all of us. Its integrity must not be compromised by selective treatment or decisions made without proper consultation.
Minister Clezy Rore
MEDIA STATEMENT
