Cabinet door not closed to Stuart Ayres,says NSW Premier

NSW Premier Dominic Perrottet has not closed the door to Stuart Ayres returning to his cabinet,despite previously conceding the former trade minister did not conduct himself at arm’s length from the John Barilaro trade appointment.

Perrottet on Thursday said he had not yet read a review determining whether the then-trade minister breached the code of conduct,even though his office received the report on Wednesday.

NSW Premier Dominic Perrottet and Stuart Ayres.

NSW Premier Dominic Perrottet and Stuart Ayres.Rhett Wyman

“I will read the report,as I’ve said. I will then release it,” the premier said,noting that his chief of staff Bran Black has read the report by high-profile barrister Bruce McClintock,SC.

Ayres was forced to resign from cabinet and as deputy Liberal leader early last month after a separate review into Barilaro’s appointment to a New York trade role raised questions about Ayres’ role in the process.

That triggered the McClintock inquiry to determine whether or not Ayres breached the ministerial code of conduct.

Asked to rule out Ayres returning to cabinet,the premier said,“no,I’m not”,adding that he would make a decision “down the track”,once he had an opportunity to consider the McClintock report.

NSW Premier Dominic Perrottet has not ruled out allowing Stuart Ayres to return to cabinet.

NSW Premier Dominic Perrottet has not ruled out allowing Stuart Ayres to return to cabinet.Nick Moir

“I’m not going to have a running commentary on a hypothetical situation on a report I haven’t read,” he said.

“I’m not making any decisions,let me be very clear. There are no short-term decisions being made in relation to cabinet.”

However,he added:“There are always opportunities to come back and serve in the NSW government in different ways.”

At the time of Ayres’ resignation,the premier conceded an excerpt of a review by former public service commissioner Graeme Head contained information that “clearly demonstrates” the appointment was not at arm’s length.

Issues in the review referred “directly to the engagement of Mr Ayres with a department secretary in respect to the recruitment process”,Perrottet said on August 3.

On Thursday,the premier said both he and Ayres felt it was right for Ayres to leave the cabinet once the Head review raised concerns about a possible breach of the ministerial code of conduct.

NSW Labor leader Chris Minns said if Ayres returned to cabinet “it would fly in the face of the government’s repeated assurances that they’ve learned the lesson from the Barilaro drama.”

It follows evidence from the state’s most senior public servant on Wednesday that Department of Enterprise,Investment and Trade Secretary Amy Brown had not satisfactorily performed her role when handling the overseas trade roles.

Ayres repeatedly insisted Brown was the final decision-maker in the appointment of Barilaro. However,the Head reviewultimately found Brown factored in Ayres’ preferences, even when she was not directed to do so.

“It would be hard to conclude that close contact between the decision-maker and the relevant minister – Minister Ayres at the time – had been avoided in this process,” Head determined.

Department of Premier and Cabinet secretary Michael Coutts-Trotter at the hearing on Wednesday.

Department of Premier and Cabinet secretary Michael Coutts-Trotter at the hearing on Wednesday.Dominic Lorrimer

Department of Premier and Cabinet secretary Michael Coutts-Trotter on Wednesday told a budget estimates hearing his finding that Brown had performed unsatisfactorily was preliminary and that he was yet to make a final ruling on her future,which could include termination.

Brown has been on extended leave since giving evidence to a parliamentary inquiry probing the trade appointments and is scheduled to return on September 19 to provide a submission in response to Coutts-Trotter’s initial findings.

Coutts-Trotter told estimates he had read a draft report of the McClintock review into Ayres,but said he could not say if it found the former minister breached the ministerial code of conduct.

“The advice is privileged legal advice to the governor and the premier. It’s really a matter for the premier to determine what he wants to make public,” he said,adding that he would consider any submission from Brown “with an open mind”.

Perrottet also appeared at budget estimates on Wednesday,before he travelled to Picton high school in the afternoon to offer condolences after the crash that killed five teenagers.

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Lucy Cormack is a journalist for The Sydney Morning Herald and The Age,based in Dubai.

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