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Wednesday, 22 October 1986
Page: 1691


Senator BUTTON (Leader of the Government in the Senate) —I move:

That the Senate expresses its deep regret at the death, on 21 October 1986, of the Hon. Mr Justice Lionel Keith Murphy, QC, senator for the State of New South Wales from 1962 to 1975, Leader of the Opposition in the Senate from 1967 to 1972, Leader of the Government in the Senate and a Minister of the Crown from 1972 to 1975, and a justice of the High Court of Australia from 1975, places on record its appreciation of his long and meritorious public service and tenders its profound sympathy to his widow and the members of his family in their bereavement.

Lionel Keith Murphy's death has taken from us a distinguished Australian. There are many here in the Senate who knew him much better than I did, who had much closer associations with him, who worked with him and who, in a sense, would regard themselves as almost lifelong friends of Lionel Murphy. The things I want to say are, in a sense, on behalf of the Government, somewhat formal things which have and ought to be recorded. Others will make, I have no doubt, personal comments which relate to particular relationships which they had with Lionel Murphy during his long and very varied career.

Lionel Murphy was born in 1922. He spent his youth in Sydney. He began his academic life at Sydney Boys High School, going on to Sydney University where his brilliance was rewarded with honours degrees in science and law. At university he began his lifelong association with the labour movement and the Australian Labor Party. He was admitted to the Bar of the Supreme Court of New South Wales in 1947, and he was created a Queen's Counsel in 1960.

In 1962 his deep political convictions and concern about social justice and reform led him into the Senate. He displayed here a tenacity, energy and decisiveness which led to rapid recognition and respect from both his colleagues and his opponents. In 1967 he became Leader of the Opposition in this chamber. As Leader of the Opposition in the Senate, Lionel Murphy was pre-eminent in the renaissance of the Senate. It was his energy and determination that led to the reformation of the Senate committee system. Perhaps those of us who have followed him have not been sufficiently lateral in our thinking about how that system might be developed even further. Today the Senate committee system is regarded as an important arena of public debate and social change. Those who today praise and hold up the Senate as an important and valued institution should not forget the role of Lionel Murphy in the creation of that system.

Lionel Murphy played a pivotal role in the 1972 election victory of the Australian Labor Party. He served in the Whitlam Government as Leader of the Government in the Senate, as Attorney-General and as the Minister for Customs and Excise. During that time he presided over a period of legal and social reform unparalleled in Australia's history. His reforms were both real and enduring. To achieve reform Lionel Murphy was prepared to shake tradition and to disturb slow and hide-bound legal systems. He established the Australian Legal Aid Office, enshrining the principle that all Australians should have equal access to the courts. The principle was the important thing. He established the Law Reform Commission as a permanent means of challenging the relevance of laws and pursuing equity within the law. He introduced the Family Law Act and the institution of the Family Court of Australia. Despite all of the difficulties and anguish which are associated with that institution, it was perhaps his greatest achievement. Lionel Murphy had the strength, I believe, to remove some of the odium of moral judgment from the law which so plagued the divorce courts prior to the establishment of the Family Court system.

He overhauled and strengthened trade practices legislation, giving meaningful protection to consumers. In the non-legislative sphere his most dramatic achievement was to take to the International Court of Justice in The Hague, Australia's case against French nuclear tests in the Pacific. In 1975 Lionel Murphy was appointed to the High Court of Australia. He maintained on the Bench his compassion, his concern for the less privileged and his commitment to the principle of equality before the law. His judgments reflected unwavering concern for the individual and opposition to obstruction and entrenched self-interests and privilege.

As I said, I did not know Lionel Murphy well personally, particularly compared with my other colleagues in the Senate. Whatever differences or criticisms may be made about Lionel Murphy, there are certain undeniable things about his character which greatly appealed to me. First of all, he was a lateral thinker of a very big kind. One of the most fascinating discussions I have ever had with anybody was with Lionel Murphy when he explained to me at great length the changes that he felt would be brought about in society by the invention of the photocopy machine. We have all suffered from those changes. I suppose, in a sense, we have all bene- fited from them and society has benefited from them.


Senator Chaney —That includes freedom of information.


Senator BUTTON —Yes, precisely. It was a fascinating discussion which I have never forgotten. All my friends and colleagues here often have unmemorable conversations, but that was a totally memorable conversation which took place many years ago. It reflected his great scientific interests which were sometimes forgotten because of his role as a lawyer. I believe he had a fascinating mind and, above all, that he was a man of great personal charm. He seemed to me to have worked wherever he went, including on the High Court.

Lionel Murphy's life was remarkable for the enormous contributions he made in diverse aspects of Australian life as a barrister, parliamentarian, Minister and jurist. We have lost a man of vision, a man of compassion and, as the last months have so tragically underscored-something which I think was obvious to those who knew him before, but the last months have underscored it-a man of immeasureable courage. On behalf of the Government, I extend to his wife, Ingrid, his daughter, Lorel, and his sons, Blake and Cameron, our very deep sympathy and condolences.