Palace letters

Last updated

CAC CC 001 18 16 0000 1597.jpg
Gough Whitlam 1972 (cropped).jpg
John Kerr 1965.jpg
From left to right: Queen Elizabeth II, Gough Whitlam, Sir John Kerr.

The Palace letters, sometimes labelled as the Palace papers, were letters between Queen Elizabeth II, through her Private Secretary Martin Charteris, and Australian Governor-General Sir John Kerr around the time of the 1975 constitutional crisis, in which Kerr dismissed Australian Prime Minister Gough Whitlam. [1] The phrase 'Palace letters' originated in the work of Australian historian and Whitlam biographer Professor Jenny Hocking, who successfully overturned the Queen's embargo over these letters, as a reference to Buckingham Palace, the official residence of Elizabeth in London. [2]

Contents

Kerr's copies of these letters are held by the National Archives of Australia, which would ordinarily have made them publicly accessible after 30 years as provided by the Archives Act. However, the letters arrived at the Archives as a voluntary deposit of personal papers and access was therefore subject to terms set down by Kerr, which meant that public access was denied according to an embargo placed over them by the Queen until at least 2027 and after that date until permitted by the Queen's private secretary.

In 2016 Professor Jenny Hocking, having been refused access to the letters, sued the National Archives for their release, arguing that the letters were 'Commonwealth records' not 'personal' and they should therefore be available for public access 31 years after their creation according to the provisions of the Archives Act 1983. In 2020, the High Court of Australia found in Hocking's favour in a 6-1 decision and ruled that these documents should be accessible to the Australian public as Commonwealth records, and ordered the Director-General of the National Archives to reconsider Hocking's request. [3] The High Court also issued three cost orders against the National Archives directing it to pay Professor Hocking's costs. [4] The National Archives had spent a total of $1.6 million unsuccessfully contesting Hocking's case seeking public access to the Palace letters. [5] The letters were made public, in full and online, on 14 July 2020. [6]

Background

In October 1975, the Opposition (Liberal/National-Country party coalition) used its control of the Australian Senate to defer passage of appropriation bills (needed to finance government expenditure), that had been passed by the Australian House of Representatives. The Opposition stated that they would continue their stance unless Whitlam called an election, subsequently urging Governor-General Sir John Kerr to dismiss Whitlam unless he agreed to their demand. Whitlam believed that Kerr would not dismiss him, and Kerr did nothing to disabuse Whitlam of this notion. On 11 November 1975, Whitlam intended to call a half-Senate election which was due at that time in an attempt to break the deadlock. When he went to Government House for an agreed meeting with Kerr to sign the final paperwork for the election, Kerr instead dismissed him as Prime Minister and shortly thereafter installed in his place Malcolm Fraser, the Leader of the Liberal Party of Australia and Leader of the Opposition. [7]

Queen Elizabeth II and her Australian representative Governor-General Sir John Kerr exchanged more than 200 letters, which are now held in the National Archives of Australia. If they were Commonwealth records, they would ordinarily have been made public in 2006, 31 years after they were created. [8] However, the letters were designated 'personal' records and were under the embargo of the Queen until at least 2027, with either the Queen's private secretary or the Governor-General's official secretary able to veto the release of the letters thereafter. [8] Public access to the letters was therefore barred by the National Archives, which claimed that they were 'personal' papers and not Commonwealth records, and therefore did not come under the Australian Archives Act 1983. [3]

Professor Jenny Hocking of Monash University (2006) Jenny Hocking -2006.jpg
Professor Jenny Hocking of Monash University (2006)

In 2016 Hocking commenced proceedings in the Federal Court of Australia against the National Archives of Australia seeking the release of secret correspondence between Sir John Kerr and the Queen regarding the dismissal of the Whitlam government.

In 2020, Hocking revealed that there were more than 200 'Palace letters'. [9] They cover the bulk of Kerr's term in office, from 15 August 1974 to 5 December 1977, and it was an agreed fact in Hocking's Federal Court action that most of them "address topics relating to the official duties and responsibilities of the Governor-General" and some "take the form of reports to The Queen about the events of the day in Australia". [10] There had been a long debate regarding whether the Queen might have known about the machinations of the dismissal, and it was thought that the contents of the 'Palace letters' could clarify and possibly settle that issue. [1] [11]

The case was at first unsuccessful in the Federal Court and in February 2019 an appeal to the Full Court of the Federal Court was rejected by a majority. [12] [13] In a strong dissenting judgment, Justice Flick found that the Palace letters were Commonwealth records and, further, that it was "difficult to conceive of documents which are more clearly 'Commonwealth records' and documents which are not 'personal' property" than the Palace letters. He described the letters as concerning "'political happenings' going to the very core of the democratic processes of this country". [14] [15]

In January 2020, Sir Edward Young, Elizabeth's private secretary stated a preference for "all vice-regal letters to remain sealed until at least five years after her reign ends and for him to maintain a sole veto on whether they should be released at all". [16]

On 29 May 2020 the High Court of Australia ruled that the Palace letters were now under the control of the National Archives and therefore must be considered as records that are the property of the Commonwealth, and "Commonwealth records" for the purposes of the Archives Act, and ordered the Director-General of the National Archives to reconsider Professor Hocking's request for access to the letters which it had previously denied. [17] National Archives Director-General David Fricker immediately stated that "We accept the High Court's judgment and will now get to work examining these historically significant records for release under the provisions of the Archives Act...The National Archives is a pro-disclosure organisation. We operate on the basis that a Commonwealth record should be made publicly available, unless there is a specific and compelling need to withhold it." He nevertheless added the caveat that "some records may not be released, as exemptions for things like national security still play a role". [1] [18] [3] [19] [20]

The letters were made public, in full and online, on 14 July 2020. [6] [21]

In January 2022 the National Archives of Australia released a further cache of over 2,000 pages of vice-regal correspondence between six other governors-general and the Queen, from Lord Casey in 1966 to Sir William Deane in 2001, as a result of the High Court's ruling in the Palace letters case. These showed that Kerr had written far more extensively than past governors-general. [22]

Content of the letters

Hocking's book The Palace Letters cites a key letter from Charteris of 2 October 1975 which shows that 'the Queen, Prince Charles, and [Sir Martin] Charteris were all aware by September 1975' that Kerr was considering dismissing the government, and knew of his failure to warn Whitlam of that possibility. [23] The letters revealed that Kerr had discussed the prospect of dismissing the government with Prince Charles and the Queen, several weeks before he did so, and that he was prepared to disregard the draft legal background of the Australian solicitor-general, Sir Maurice Byers that rejection of supply does not "[compel] the Crown's representative ... to intervene". [24] The view of the palace, communicated to Kerr, was that the reserve powers did exist and that Kerr had the power to use them despite the law officers' draft background to the contrary, but did not encourage or advise Kerr on whether to use them. [25] Despite these revelations the Palace itself continues to deny that it played 'any part' in Kerr's decision to dismiss the Whitlam government. [26] Professor Frank Bongiorno however has concluded, as have others, that 'the Palace was indeed a player'. [27]

The letters released in January 2022 revealed Kerr's private hostility towards the Whitlam government, including criticism of its policies and appointments. During the 1975 crisis, Kerr wrote to the monarch asking for advice about the possible use of reserve powers to dismiss the government. [22]

After Kerr had dismissed Whitlam, he wrote to the palace that he had not warned Whitlam of his intention to dismiss him because he feared that Whitlam would dismiss him as Governor General first. [28]

Related Research Articles

<span class="mw-page-title-main">Gough Whitlam</span> Prime Minister of Australia from 1972 to 1975

Edward Gough Whitlam was the 21st prime minister of Australia, serving from 1972 to 1975. He held office as the leader of the Australian Labor Party (ALP), of which he was the longest-serving. He was notable for being the head of a reformist and socially progressive administration that ended with his removal as prime minister after controversially being dismissed by the governor-general of Australia, Sir John Kerr, at the climax of the 1975 constitutional crisis. Whitlam is the only Australian prime minister to have been removed from office by the governor-general.

<span class="mw-page-title-main">Governor-General of Australia</span> Representative of the monarch of Australia

The governor-general of Australia is the representative of the monarch of Australia, currently King Charles III, and performs many constitutional, ceremonial and community roles in the Australian political system. When performing these roles, the governor-general acts independently and is not the King's delegate or agent. The current governor-general is David Hurley, having been appointed on 1 July 2019.

<span class="mw-page-title-main">1975 Australian constitutional crisis</span> Governor-General dismissal of PM Whitlam

The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Sir John Kerr, the Governor-General who then commissioned the leader of the Opposition, Malcolm Fraser of the Liberal Party, as prime minister. It has been described as the greatest political and constitutional crisis in Australian history.

<span class="mw-page-title-main">John Kerr (governor-general)</span> 18th Governor-General of Australia

Sir John Robert Kerr, was an Australian barrister and judge who served as the 18th governor-general of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister Gough Whitlam and appoint Malcolm Fraser as his replacement, which led to unprecedented actions in Australian federal politics.

<span class="mw-page-title-main">Garfield Barwick</span> 7th Chief Justice of Australia and politician (1903–1997)

Sir Garfield Edward John Barwick was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964.

Sir David Iser Smith was an Australian public servant. He was the Official Secretary to the Governor-General of Australia between 1973 and 1990, in which capacity he served Sir Paul Hasluck, Sir John Kerr, Sir Zelman Cowen, Sir Ninian Stephen and Bill Hayden.

<span class="mw-page-title-main">Anthony Mason (judge)</span> Australian judge

Sir Anthony Frank MasonHonFAIB DistFRSN is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court in 1972, having previously served on the Supreme Court of New South Wales.

Security of tenure is a term with multiple meanings according to jurisdiction. In Australia, it is used in political science to describe a constitutional or legal guarantee that a political office-holder cannot be removed from office except in exceptional and specified circumstances.

<span class="mw-page-title-main">Whitlam government</span> Australian government, 1972–75

The Whitlam government was the federal executive government of Australia led by Prime Minister Gough Whitlam of the Australian Labor Party. The government commenced when Labor defeated the McMahon government at the 1972 federal election, ending a record 23 years of continuous Coalition government. It was terminated by Governor-General Sir John Kerr following the 1975 constitutional crisis and was succeeded by the Fraser government—the sole occasion in Australian history when an elected federal government was dismissed by the head of state.

<span class="mw-page-title-main">Margaret Whitlam</span> Australian social campaigner and athlete

Margaret Elaine Whitlam, AO was an Australian social campaigner, author, and athlete. She was the wife of Gough Whitlam, the 21st Prime Minister of Australia from 1972 to 1975, and a representative of Australia in swimming at the 1938 British Empire Games in Sydney.

<span class="mw-page-title-main">1977 Australian federal election</span> Election in Australia

The 1977 Australian federal election was held in Australia on 10 December 1977. All 124 seats in the House of Representatives and 34 of the 64 seats in the Senate were up for election.

<span class="mw-page-title-main">Gordon Scholes</span> Australian politician (1931–2018)

Gordon Glen Denton Scholes AO was an Australian politician. He was a member of the Australian Labor Party (ALP) and served in the House of Representatives from 1967 to 1993, representing the Division of Corio. He served terms as Speaker of the House of Representatives (1975–1976), Minister for Defence (1983–1984), and Minister for Territories (1984–1987).

Australia is a constitutional monarchy whose Sovereign also serves as Monarch of the United Kingdom, New Zealand, Canada and eleven other former dependencies of the United Kingdom including Papua New Guinea, which was formerly a dependency of Australia. These countries operate as independent nations, and are known as Commonwealth realms. The history of the Australian monarchy has involved a shifting relationship with both the monarch and also the British government.

<span class="mw-page-title-main">Official Secretary to the Governor-General of Australia</span>

The official secretary to the governor-general of Australia and staff provide support to the governor-general of Australia to enable the governor-general to carry out their constitutional, statutory, ceremonial and public duties. Until 1903, the governor-general’s private secretary provided the support to the governor-general, when the official secretary position was established. The position was abolished in 1928 after the Parliament moved from Melbourne to Canberra, but was recreated in 1931. The position was established by statute in its current form in 1984. Since 18 August 2018 the official secretary has been Paul Singer.

Anne, Lady Kerr was the second wife of Sir John Kerr, Governor-General of Australia (1974–1977). They were married in 1975 during his term of office, six months after the death of his first wife Alison.

<span class="mw-page-title-main">Jenny Hocking</span> Australian political science writer and researcher

Jennifer Jane Hocking is an Australian historian, political scientist and biographer. She is the inaugural Distinguished Whitlam Fellow with the Whitlam Institute at Western Sydney University, Emeritus Professor at Monash University, and former Director of the National Centre for Australian Studies at Monash University. Her work is in two key areas, counter-terrorism and Australian political biography. In both areas she explores Australian democratic practice, the relationship between the arms of government, and aspects of Australian political history. Her research into the life of former Australian prime minister Gough Whitlam uncovered significant new material on the role of High Court justice Sir Anthony Mason in the dismissal of the Whitlam government. This has been described as "a discovery of historical importance". Since 2001 Hocking has been a member of the Board of Trustees of the Lionel Murphy Foundation.

Antony Philip Whitlam is an Australian lawyer who has been a politician and judge. He is the son of Gough Whitlam and Margaret Whitlam.

<span class="mw-page-title-main">Chief Justice of Australia</span> Presiding justice of the High Court of Australia

The chief justice of Australia is the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Stephen Gageler, since 6 November 2023.

Sir Maurice Hearne Byers was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 1975 Australian constitutional crisis. He had an unmatched record of success in his appearances before the High Court of Australia, and he has been characterised as the finest lawyer never to have been appointed to the High Court.

CIA involvement in the Whitlam dismissal is an allegation that the U.S. Central Intelligence Agency (CIA) was involved in the 1975 Australian constitutional crisis, which culminated in the dismissal of Prime Minister Gough Whitlam.

References

  1. 1 2 3 Byrne, Elizabeth (30 May 2020). "What did the Queen know about Gough Whitlam's dismissal? We might be about to find out". ABC News (Australia).
  2. ↑ Hocking, Jenny. Gough Whitlam: His Time. p. 412.
  3. 1 2 3 Hocking v Director-General of the National Archives of Australia [2020] HCA 19
  4. ↑ "Case S262/2019: Hocking v. Director-General of the National Archives of Australia". High Court of Australia. 2019.
  5. ↑ Wright, Shane (4 August 2021). "Archives need to be brought into technological age: Fricker". The Age.
  6. 1 2 "The Kerr Palace Letters". National Archives of Australia. 14 July 2020. Retrieved 14 July 2020.
  7. ↑ Hocking, Jenny (2012). Gough Whitlam: His Time MUP. pp. 330–332.
  8. 1 2 "Court rules release of Queen's secret 'Palace Letters' during dismissal of Gough Whitlam's Australian government". The Telegraph. 29 May 2020. ISSN   0307-1235 . Retrieved 29 May 2020.
  9. ↑ Hocking, Jenny (16 April 2020). "'If I were to terminate his commission': Sir John Kerr's secret 'Palace letters on Whitlam's dismissal". Pearls & Irritations. Retrieved 13 July 2020.
  10. ↑ Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12 at 46(8 February 2019)
  11. ↑ "Queen Elizabeth's Letters, Which Could Address Controversial Dismissal of Australian Government, to Be Made Public". Time. Archived from the original on 29 May 2020. Retrieved 30 May 2020.
  12. ↑ Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12
  13. ↑ Hocking, Jenny (21 February 2019). "A national humiliation". Pearls and Irritations. Retrieved 23 February 2019.
  14. ↑ Hocking v Director-General of the National Archives of Australia [2019] FCAFC 12 at 110
  15. ↑ Hocking, Jenny (February 2020). "Archival secrets and hidden histories: reasserting the right to public access". Griffith Review. 67.
  16. ↑ Troy, Bramston (29 May 2020). "High Court was right to release John Kerr's correspondence with the Queen". The Australian.
  17. ↑ "Historian wins bid to read 'Palace letters' previously deemed 'private'". www.abc.net.au. 28 May 2020. Retrieved 29 May 2020.
  18. ↑ "Hocking v Director-General of the National Archives of Australia [2020] HCA 19" (PDF). High Court of Australia: Judgment Summaries. 29 May 2020. Retrieved 29 May 2020.
  19. ↑ Knaus, Christopher; Zhou, Naaman (29 May 2020). "Palace letters: high court ruling paves the way for release of Queen's secret correspondence before 1975 Whitlam dismissal". The Guardian. Retrieved 29 May 2020.
  20. ↑ Whitbourn, Michaela (29 May 2020). "High Court ruling favours release of 'Palace Papers' on Whitlam Dismissal". Sydney Morning Herald. Retrieved 29 May 2020.
  21. ↑ When the National Archives' website immediately crashed, the papers were also hosted in full on the website of The Guardian—Evershed, Nick (14 July 2020). "The 'palace letters': read the full documents from the national archives here". The Guardian. Retrieved 14 July 2020.
  22. 1 2 Knaus, Christopher (7 January 2022). "Newly released royal letters highlight governor general's breaches of convention ahead of 1975 Whitlam dismissal". The Guardian.
  23. ↑ Hocking, Jenny (2020). The Palace Letters: The Queen, the Governor-General and the Plot to Dismiss Gough Whitlam. Melbourne: Scribe Publications. p. 193. ISBN   978-1-922310-24-8.
  24. ↑ Kelly, Paul. November 1975. p. 213. ISBN   9781863739870.
  25. ↑ Hocking, Jenny (September 2021). "The Palace Letters case: Royal secrets and the Whitlam government dismissal". Precedent (166). Australian Lawyers Alliance: 16–21. doi:10.3316/informit.118425497753437.
  26. ↑ "Buckingham Palace issued rare statement after release of the Palace letters". Sydney Morning Herald. 15 July 2020.
  27. ↑ Bongiorno, Frank (2021). "The Palace Letters and The Truth of the Palace Letters". Australian Historical Studies. 52 (3): 446–447. doi:10.1080/1031461X.2021.1944314.
  28. ↑ Zhou, Naaman (14 July 2020). "Gough Whitlam dismissal: what we know so far about the palace letters and Australian PM's sacking". The Guardian. Retrieved 11 November 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.