Australia's first law officer has delivered a sharp rebuke to Immigration Minister Peter Dutton, and reminded government ministers of the need to respect the rule of law and authority of the courts.
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In a Sunday night speech to the International Bar Association in Sydney that initially flew under-the-radar, Attorney-General George Brandis delivered a full-throated defence of the rule of law and the legal profession.
While he did not name Mr Dutton, Senator Brandis' comments have been interpreted as a repudiation of his cabinet colleague, who in August agreed with 2GB shock jock Alan Jones that lawyers representing asylum seekers were "un-Australian", and expressed frustration with lawyers acting on behalf of people in detention.
In his speech, Senator Brandis pointedly declared to 4000 delegates that "we, as lawyers, must always be alert to ensure that due process is always observed, that the right of access to the courts is never denied [and that] that the role of lawyers in representing their clients is always respected".
Lawyers had a duty to ensure that "judicial power is not subordinated to executive discretion, and that ministers and officials always respect the rule of law and the authority of the courts as the ultimate arbiters of the rights of citizens".
"Your role, as defenders of the rule of law, is never more important than at a time when there are, understandably, demands for greater state power in service of the protection of the security of our nations and the safety of our peoples," Senator Brandis said.
In contrast to Mr Dutton's criticism of lawyers acting for asylum seekers, the Attorney-General heaped praise on legal professionals who defended the powerless and vulnerable.
"Upholding the rule of law may involve lawyers in controversy. Often, it may mean standing up to the powerful, or defending the vulnerable, the marginalised or the despised. Lawyers who do so serve the finest traditions of our profession," he said.
"In protecting our people from terrorism, for instance, we must be careful to ensure that our legislative and policing response is at all times consistent with our values and obedient to the rule of law, even if, on occasions, that may constrain what our law enforcement authorities can do."
Senator Brandis is one of the leading moderates in the Turnbull government and Mr Dutton is a leading conservative.
When the recent creation of a new UK-style Home Affairs department, Senator Brandis lost responsibility for spy agency ASIO to Mr Dutton, but retained the power to sign off on warrants for the intelligence agency.
At the same conference, High Court Chief Justice Susan Kiefel delivered a speech defending the independence of legal professionals.
Justice Kiefel said that lawyers were "sometimes required to act for clients who are in dispute with, or challenge, the government or are unpopular with the media or the public".
"In order for a lawyer to be free to advocate fearlessly for a client's interests it is necessary that the lawyer be free of pressure from the state or its agencies," she said.
Senator Brandis also canvassed the "ominous challenges" facing the global order and threats posed by Islamist extremism and terrorism and a "willingness by some nations to defy the international rules-based order upon which post-war stability has depended".
