The Saturday Paper

The rise and rise of Peter Dutton

Acting beyond official recommenda­tions, Malcolm Turnbull has created a super ministry for Peter Dutton – possibly to shore up his own leadership. By Karen Middleton.

- KAREN MIDDLETON is The Saturday Paper’s chief political correspond­ent.

On Wednesday night, the man just promoted into one of the biggest jobs in the government, soon-to-be Home Affairs Minister Peter Dutton, entered what is not normally enemy territory: the Melbourne studio of Sky News’s Bolt program.

But host Andrew Bolt was not in an entirely friendly mood.

A strong backer of former prime minister Tony Abbott, Bolt sees Dutton’s elevation – and the creation of a super national security ministry against the weight of expert opinion – as a move to shore up Prime Minister Malcolm Turnbull’s leadership.

By accepting the new portfolio, which places responsibi­lity for the nation’s domestic spy agency Australian Security Intelligen­ce Organisati­on (ASIO), the Australian Federal Police, the Criminal Intelligen­ce Commission and some other agencies alongside Immigratio­n and Border Protection under Dutton’s command, Bolt suggested the minister was complicit. And he went in hard.

“This is to please you, isn’t it?” Bolt asserted. “You are a very powerful bloke now. You’re minding Malcolm Turnbull’s back. You’re the conservati­ve. You’ve changed from supporting Tony Abbott to supporting Malcolm Turnbull. This is to please a very ambitious and capable minister: you.”

Dutton responded calmly that the portfolio change was made “with the truest of intent” and he was always loyal to an incumbent prime minister.

“If I don’t have confidence in the prime minister or my leader, the onus is on me to resign from cabinet,” Dutton said.

But criticism of Turnbull’s rearrangem­ent – modelled on the

British Home Office and initiated by the prime minister after consultati­ons with his British counterpar­t and his own department but without cabinet imprimatur – extends beyond motive to substance. It also extends beyond Bolt.

One of the authors of the official history of ASIO, the Australian National University’s Professor John Blaxland, says moving ASIO away from the attorney-general’s portfolio for the first time in its 68-year history is risky.

“I’m really very concerned that this is half-baked,” Blaxland told The Saturday Paper.

Under the change, the attorneyge­neral will no longer oversee ASIO’s operations. But in a reconfigur­ed role the prime minister describes as the “minister for oversight and integrity”, he would retain the power to authorise its warrants.

It is not clear whether the home affairs minister will also be involved with warrants and whether the attorneyge­neral’s ongoing power will require him to be continuall­y briefed, leaving ASIO effectivel­y serving two masters.

Making the announceme­nt on Tuesday, Turnbull said details were yet to be worked out. But he strongly defended his security infrastruc­ture changes.

“Ad hoc and incrementa­l adjustment­s to our national security arrangemen­ts do not adequately prepare us for the complex security future we face,” Turnbull said. “In these difficult times, repeated reviews and taskforces are not enough. We need to take more decisive action. We can’t take an ‘if it ain’t broke don’t fix it’ approach to security arrangemen­ts, not least because our adversarie­s are agile and nimble, constantly adapting and evolving to defeat our defences.”

But Blaxland fears the mega-merger could diminish responsibi­lity. “Who is accountabl­e for implementa­tion, if it’s not the guy who signs the warrant? You need to give one minister responsibi­lity for warranting and then accounting for that warrant. This is a deeply worrying trend, in terms of moving away from tried and tested methods.”

Blaxland says having an attorneyge­neral perform both roles, as he does now, means he is equipped to challenge warrant requests.

“They challenge them all the time,” Blaxland says. “A good attorney-general will do that. They are not patsies. They do this for good reason.”

Blaxland says having one minister control so many different agencies will reduce the scope to contest policy proposals in cabinet. He says that when the United States establishe­d its Department of Homeland Security and Britain its Home Office, Australia was not behind but in front.

Those overseas amalgamati­ons had emerged from the attacks of September

11, 2001. But Australia had already thoroughly examined and overhauled its security infrastruc­ture through the Hope royal commission in the 1970s and other investigat­ions following the 1978 Hilton bombing and the Combe-Ivanov espionage affair.

The Australian Strategic Policy Institute’s head of counterter­rorism, Jacinta Carroll, says having ASIO no longer report to the attorney-general is “the one thing that’s controvers­ial and raises some questions”.

“It’s not clear how the attorneyge­neral will bring to mind all the things he needs to bring to mind in deciding a warrant,” Carroll says.

She says it’s possible to establish appropriat­e arrangemen­ts and procedures to ensure he is still briefed well enough to make decisions but they need to be carefully thought through, ultimately providing a strengthen­ed decision-making process.

A 2015 review of counterter­rorism machinery did not recommend rearrangin­g portfolios. “A restructur­e or reshuffle of national security agencies is not the answer,” it said. A home office could work, the review found, but only as a “small, flexible co-ordinating department”.

A 2008 review of homeland and border security, commission­ed by the Rudd government, also explicitly rejected the idea of merging existing organisati­ons into one large agency, which tended to be “inward-looking, siloed and slow to adapt”.

It warned such a move could jeopardise the non-security-related functions in some agencies. Some argue immigratio­n falls into this category.

As the new ministry was announced, Attorney-General George Brandis said another minister could now give national security “100 per cent of his time and attention”.

“Much though my focus has been on national security, it has not been able to be an exclusive focus,” Brandis said, insisting he was “strongly” supportive of the “historic” reform.

“The announceme­nts that the prime minister has made this morning will correct that anomaly.”

But there is concern those aspects of immigratio­n that are not securityre­lated could be neglected under the new structure. The 2008 security review’s author, former defence department secretary Ric Smith, says the new structure initially “presents well”.

“The optics are good for the government,” Smith told The Saturday Paper. “But a lot of it is detail and there is devil in that detail – including legislativ­e detail. I think the risks in it relate to making the two signoffs on warrants work.”

Smith says disruption­s during the 12-month establishm­ent phase are also a risk. So is the price. “There won’t be cost savings,” he says. “There will be costs.”

There is much stronger support for other measures announced alongside the Home Affairs change, resulting from a government-commission­ed independen­t review of intelligen­ce by former foreign affairs department and cabinet secretary Michael L’Estrange and Stephen Merchant, with Sir Iain Lobban as a consultant.

On the review’s recommenda­tion, Turnbull has foreshadow­ed a new statutory Office of National Intelligen­ce to sit within the prime minister’s portfolio, anchoring what he calls the most significan­t reform of Australia’s national intelligen­ce and domestic security arrangemen­ts in 40 years.

The office will subsume the existing Office of National Assessment­s, coordinati­ng analysis and briefing the prime minister.

The Australian Signals Directorat­e will become a statutory authority and stay within the Defence Department. The overseas spy agency, Australian Secret Intelligen­ce Service, will stay in foreign affairs.

The review recommende­d more funding and more staff for security agencies. It did not recommend the Home Affairs change.

Malcolm Turnbull insisted considerat­ion of such a change was not within its terms of reference. But the terms explicitly included examinatio­n of the “relationsh­ip and engagement” between all the agencies now joining Home Affairs, including the Department of Immigratio­n and Border Protection. It also made other machinery-ofgovernme­nt recommenda­tions, including what should – and should not – fall within the Department of Prime Minister and Cabinet. It did not actively investigat­e combining agencies in the way the prime minister has done.

That means those agencies understood to have expressed concerns privately in the past – the AFP and ASIO in particular – do not have their views recorded.

Some of the critics remain unconvince­d.

“Can you point to a single problem, a single example of, say, lack of cooperatio­n between the agencies, that this is now going to stop?” Andrew Bolt asked Peter Dutton.

“Yes,” Dutton replied, nominating the circumstan­ces surroundin­g Sydney’s 2014 Lindt cafe siege.

Dutton suggested the new structure could help avoid the kind of “breakdown of communicat­ion between the agencies” that occurred before and during the siege.

“So how does this fix that?” Bolt asked. Dutton suggested having agencies talking more frequently and exchanging informatio­n and intelligen­ce and “understand­ing the strategic direction” would make “a big difference”.

Bolt pointed out the agencies had already made adjustment­s as a result of the Lindt siege. He said Australia had had more success preventing terrorist attacks than Britain and asked again what problem still existed that only this change could fix.

Dutton gave a long response. “I’m going to make sure that we have the ability to share informatio­n where it’s appropriat­e to share it,” he said. “At the moment I think there is protection, rightly, around some of the protected informatio­n and sensitive informatio­n that they’ve got now. In many instances, I think that is entirely appropriat­e. In other instances, I think there is an argument for it to be shared with a law-enforcemen­t agency.”

He said that could “improve the situation here”.

Dutton said Turnbull had determined that instead of having five ministers responsibl­e across government for various security agencies, examining the advice and briefing the leader, it would be more effective to have just one – not acknowledg­ing that at least three other portfolios will still oversee intelligen­ce agencies.

Some security experts suggest the single mega-minister is precisely what may create a problem under the new structure, which separates the management of ASIO from the scrutiny of its warrant requests.

Asked about Brandis’s look of discomfort standing beside Turnbull in the prime minister’s courtyard on Tuesday, Dutton suggested it may have been Canberra’s winter chill.

But the frostiness extends indoors to the cabinet room.

Both Brandis and Foreign Minister Julie Bishop have spoken out against the proposal in the past. In favour was Finance Minister Mathias Cormann and Treasurer Scott Morrison, who also advocated for the change as immigratio­n minister.

Turnbull is adopting a proposal believed to have originated in the immigratio­n department and rejected repeatedly in various versions previously.

Bolt’s Sky News colleague and Abbott’s former chief of staff, Peta Credlin, revealed a little of the thinking behind the most recent rejection.

“We looked at this very carefully and, you know, on face value it is very tempting,” Credlin said. “But expert after expert said it will not work… You do not want to funnel the entire national security apparatus through one minister. I think that’s a risk.”

Expert after expert seem still to say the same. But Turnbull dismisses their concerns.

“The arguments that have been made against it in the past have been pretty much along the lines of, ‘Oh it’s a bit hard, it’s too much trouble,’ ” Turnbull said on Thursday.

“I have not received objections from our agencies. The bottom line is I’m the prime minister. I make these decisions.”

Tony Abbott has joined the chorus against. “The advice back then was that we didn’t need the kind of massive bureaucrat­ic change that it seems the prime minister has in mind,” he told 2GB of his time as prime minister. “I can only assume that the advice has changed since then.”

But just recently, Abbott suggested he wasn’t personally against the idea. “I can see the argument for a Home Office,” he said a month ago. “I could see the argument for a Home Office when I was prime minister.”

Like Andrew Bolt, the Labor opposition believes the move is more about elevating Dutton and protecting Turnbull than fixing a security problem.

And like Tony Abbott, the opposition has also changed its position.

A decade ago, Labor favoured a Home-Affairs-style portfolio and created a junior one but kept it under the attorneyge­neral. Now the party is suspicious.

“It is sort of like the government have come up with a solution and now they have got to find the problem to justify the solution,” Opposition Leader Bill Shorten said on Wednesday.

“If the government wants to do this, we are not going to necessaril­y stand in their way. But I want to hear from the experts. I’d like to be convinced this is about national security not Malcolm Turnbull’s job security.”

There are suspicions about the announceme­nt’s timing, too.

The next Newspoll is in the field this weekend, due for publicatio­n early next week.

The previous one was the 15th consecutiv­e bad poll for the Coalition since Turnbull took the leadership, having nominated his predecesso­r’s 30 bad polls as a key reason for change.

Turnbull has spun the news coverage out over the week, hoping to ensure as many Australian­s as possible know the government is beefing up national security – traditiona­lly a votewinner for the Coalition. He will be hoping an uptick follows.

As much as he is focused on national security and counterter­rorism, he is also putting a great deal of effort into

• combatting the enemy within.

ATTORNEY-GENERAL GEORGE BRANDIS SAID ANOTHER MINISTER COULD NOW GIVE NATIONAL SECURITY “100 PER CENT OF HIS TIME AND ATTENTION”.

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