Prime Minister seeking advice on Porters blind trust legal fees
Industry Minister Christian Porter could be forced repay anonymous donations for his legal fees or declare the donorsâ identities after the Prime Minister requested advice over whether he breached ministerial standards by accepting payments through a blind trust.
Mr Porter has faced intense criticism for accepting an undisclosed sum of money through a blind trust to help fund his defamation case against the ABC and its reporter Louise Milligan, with Labor and the Greens demanding he find out and declare who helped finance it.
Industry Minister Christian Porter has faced intense criticism for accepting an undisclosed sum of money through a blind trust.Credit:Alex Ellinghausen
A spokesman for Scott Morrison said the Prime Minister was âtaking the matter seriouslyâ and had discussed it with Mr Porter on Wednesday and was now seeking formal advice.
âThe Prime Minister is seeking advice from his department on any implications for the Ministerial Standards and any actions the Minister must take to ensure that he meets the standards,â the spokesman said.
Labor leader Anthony Albanese said Mr Porter was in a position of considerable influence as the Industry Minister and responsible for many âbillions of dollars of fundsâ being given out for the private sector industry and interests.
âIt is simply untenable for this blind trust to be used as an excuse,â he said.
âIf there was a national anti-corruption commission, itâd be up this like a rat up a drainpipe to find out exactly where this money has come from. Itâs precisely the sort of issue that undermines confidence in our political system.â
Mr Porter updated his register of interests on Monday in connection with the legal case, declaring that in addition to contributing his own personal funds, a part contribution to his fees was made by a blind trust known as the âLegal Services Trustâ. He said he had âno access to information about the conduct and funding of the trustâ.
Mr Porter sued the ABC for defamation in March over an online article he alleged portrayed him as the perpetrator of a rape in 1988. He denies the allegation and the case was settled in May.
Geoffrey Watson, SC, a former counsel assisting the NSW Independent Commission Against Corruption and now a director of the Centre for Public Integrity, said the matter exposed a âserious weaknessâ in federal donation laws.
âHis decision to even contemplate accepting this money demonstrates appalling judgment. How does he know the money doesnât come from a malignant source?,â Mr Watson said.
âHis declaration simply says he does not know how the trust is conducted or funded. But he doesnât say he doesnât know who is behind it.â
Former prime minister Malcolm Turnbull said the decision by his former attorney general was âa shocking affront to transparencyâ and he should disclose the donors or âgive the money backâ.
Transparency International Australia chief executive Serena Lillywhite said it was âstaggeringâ that Mr Porter had accepted the money without checking the credentials of the donors.
âThe fact that a trust has been used as the mechanism to give this money suggests that opaqueness and secrecy was considered important and was a very deliberate approach. That really raises questions as to why that was deemed necessary,â she said.
University of Sydney professor Matthew Conaglen, an expert in equity and trust law, said it was conceivable that Mr Porter did not know who had set up the trust or who the trustee was, but there was nothing to stop him from asking.
âHe could ask, but equally it doesnât follow that they have to answer that question. Thatâs where the complicated law comes in. It all depends on the terms of the trust,â Professor Conaglen said.
âItâs possible that it was created by his legal team but itâs equally possible that they wanted to stay away from it, and it was created by somebody else. You canât tell from the mere concept itself who has set it up.â
Mr Porterâs solicitor Rebekah Giles did not respond to a request for comment.
Mr Turnbull, who fell out with Mr Porter in the final days of his prime ministership, told ABC radio on Wednesday morning that Mr Porterâs declaration was like saying, âMy legal fees were paid by a guy in a mask who dropped off a chaff bag full of cash.â
A spokesman for Mr Porter said on Tuesday, âThe minister has undertaken disclosure in accordance with the requirements of the register and consistent with previous membersâ disclosure of circumstances where the costs of personal legal matters have been mitigated by contributions or reductions in fees.
âNo taxpayersâ funds were used in meeting the costs of the ministerâs actions against the ABC and Milligan, which have now concluded.â
Mr Porter said in his declaration that he had declared the arrangement âalthough these matters have been conducted in a personal capacity and all legal services were engaged in a purely personal capacity, out of an abundance of caution and consistent with approaches adopted by other parliamentarians in relation to the provision of reduced fee or pro bono legal servicesâ.
âAlthough all of the above contributions were made to me, or were for my benefit, in a purely personal capacity, in the interest of transparency and out of an abundance of caution I make this disclosure,â he wrote.
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Lisa Visentin is a federal political reporter at The Sydney Morning Herald and The Age, covering education and communications.Connect via Twitter or email.Rob Harris is the national affairs editor for The Sydney Morning Herald and The Age, based at Parliament House in CanberraConnect via email.
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