He kept off the front page

While no Lionel Murphy, Robert McClelland will be remembered as a decent, reforming attorney general ... His stature will grow with the years ... Marcus Priest, who was McClelland's senior policy advisor, dictated this piece to Polly Peck in Canberra 

McClelland: gently, gently, catchee monkeyRobert McClelland is a good man ... or, as he would put it himself when talking about people he respects, "a decent man".

Unfortunately, in modern Australian politics decent men - like McClelland and former speaker Harry Jenkins - are rewarded with acts of bastardry.

It is the tireless self-promoters in tune with the voracious appetite of the media cycle who are feted as "successes". 

McClelland was not prepared to make regular appearances on Lateline, QandA and Sky News to provide a running commentary on everything and anything.

He did not publicly crow about his achievements as attorney general or kick political heads.

For those shortcomings he has been shunted downstairs to a portfolio without a department, but hanging on in cabinet - a sure sign of the half-baked quality of this rehsuffle. 

By nature McClelland is cautious - a characteristic reinforced early in his legal career by his mentor Roy Turner.

He dislikes conflict, preferring to achieve outcomes through consensus and a minimum of fuss.

Without the flare or silver tongue of some of his colleagues, he was seen by the Canberra gallery as dependable, but plodding.

At times, his caution and indecision were maddening.

Nonetheless he did progress substantial law reforms without controversy.

Inheriting a highly political portfolio from Philip Ruddock, McClelland restored the office of attorney general to a more neutral position.

He also developed close working relationships with significant and potentially problematic components of his portfolio, such as the Australian Federal Police and ASIO.

It is notable that there were very few leaks out of these agencies.

McClelland's achievements and his low profile were ruefully recognised by his opposite number, George Brandis, who said on one occasion: "He doesn't give me much to work with." 

Charged with wedge issues like national security, native title and gay marriage, McClelland had clear instructions from Kevin Rudd when he was appointed to the job in 2007: 

"Another day you are not on the front page is a good day".

In contrast, Nicola Roxon has a much more political brief.

The achievements included a rebalancing of national security laws and the Family Law Act to remove the excesses of the Howard era, new organised crime legislation, journalists' shield laws, a more transparent process for judicial appointments, stronger case management powers for the Federal Court and an increase in legal aid.

He restored the importance of access to justice and human rights in the attorney's portfolio. This included establishing a human rights consultation process and passing laws to criminalise torture and outlaw the death penalty.

He was unable to achieve a national human rights charter, overwhelmed by political blocks and perceived constitutional difficulties. 

Two of his most important reforms, with which I was closely involved, were in the areas of native title and same-sex law reform. 

Within a year of being becoming attorney general in 2007 McClelland achieved the passage of legislation to remove discrimination against same-sex couples in all but one piece of legislation - the Marriage Act. 

It was McClelland's cautious view that it was not possible to achieve reforms in areas of Commonwealth law - such as superannuation - if there was attendant controversy accompanying any attempt to amend the Marriage Act.

Given the skittishness of Rudd on the issue and the Australian Christian Lobby breathing down his neck, he didn't have a lot of leeway.

The passage of these reforms with a minimum of fuss - except from Barnaby Joyce in the Senate - was also an endorsement of the strategy.

Initially he was unwilling to amend the Family Law Act to give lesbian couples full parenting rights because of the controversy it might cause, but with the election of Malcolm Turnbull as leader of the opposition he saw an opportiunity to change course and get it done. 

On native title, faced with a system in gridlock and falling confidence, McClelland made it one of his reform priorities.

Characterised by an excess of legalism and litigation and a deficit of goodwill, the attorney general made his intentions clear that he wanted parties to achieve agreed outcomes.

We also put in place changes to move claim management from the Native Title Tribunal to the Federal Court. The change in approach by the Commonwealth in resolving claims is largely responsible for reviving the system.

In 2010-11, 24 claims were determined and the Federal Court is estimating it will resolve 80 by the end of 2012.

His other substantial achievement was in the area of emergency management - in which he became increasingly focused following the Victorian bushfires in 2009.

Traditionally a state responsibility, he oversaw an increasing co-ordination role for the Commonwealth, including establishing a national telephone warning system.

People inside and outside the government argue that he could have done more - take on the issue of gay marriage; gone further with the Native Title Act; got more money for legal aid.

This should not take from what he did achieve, nor does it recognise what was realistically achievable.

A merger of the Family Court and Federal Magistrates Court did not happen, and the national legal profession reforms were only partially successful.

Wilkins: a gift from KevinIn fairness, that was not a result of his lack of enthusiasm or unwillingness, rather an abundance of self-interest and political opportunism meeting him head-on. 

The attorney's task was even more difficult, at times, as a result of Kevin Rudd's gift to him - the appointment of Roger Wilkins as secretary of the AG's department.

It will be interesting to see how Roxon takes to Wilkins' unique style of policy development.

McClelland's hasty statements about Julian Assange or his failure to defend the High Court after its decision in the Malaysia Swap case did attract criticism.

Perhaps, that was due in part to him acting as a human shield for a Prime Minister with a propensity to put her foot in it. 

None of which should undermine the recognition that Robert McClelland was a decent and reformist attorney general.

From Marcus Priest (as told to Polly Peck)