It would mislead voters and could get Indigenous groups offside if the government was to draft legislation outlining a Voice to Parliament, an expert says, as Opposition Leader Peter Dutton ramps up efforts to sow “disagreement and confusion”.
On Wednesday, Dutton led a snap press conference with pointed attacks on Prime Minister Anthony Albanese’s reluctance to rule out legislating a Voice if Australians voted it down at a referendum.
He snatched at Albanese’s reluctance, and later accused the government of trying to give “moral cover” to the Voice by taking it to a constitutional referendum, rather than just legislating it to “demonstrate to Australians how it can work”.
Anne Twomey, who sits on the expert panel consulting the government on its referendum proposal alongside professors Megan Davis and George Williams, Noel Pearson and Kenneth Hayne, told Crikey that the main problem with tabling a bill detailing the mechanics of a Voice is that consultation with Indigenous groups hasn’t yet run its course.
“Given that the point of the Voice is to allow Indigenous views to be heard in making decisions that directly affect Aboriginal and Torres Strait Islander peoples, it would be really problematic for the government to make such decisions unilaterally, without any consultation, prior to the referendum,” Twomey said.
“If the Voice is to genuinely represent Indigenous Australians, it needs to be comprised in a manner that they feel truly represents them. It may be that some Indigenous peoples think that they should be represented by persons chosen one way [like an election] and others by a different method [such as appointments].
“Consultation on such issues needs to be taken seriously and will take some time to occur.”
Even still, Dutton has appeared intent to draw Labor into political debate over the Voice that has descended into a state of torpor, as the government perseveres with efforts to secure his support, despite his shadow campaign against it.
On Monday, Attorney-General Mark Dreyfus accused Dutton of asking questions about the Voice that he already “knows the answers to”, and described Dutton’s calls for more detail as “not particularly constructive” when there is “already a lot of information” available to voters, with more on the way.
As it stands, the resources available to voters are limited, as ongoing consultations move to answer crucial questions about the framework’s make-up.
The Uluru Statement From the Heart’s final report to the Australian government offers early insight into the framework, alongside explainers and answers to frequently asked questions. The government is also publishing running updates on its official website.
Various experts have suggested voters should have enough time to educate themselves before they vote, probably around October. Political analysts, however, warn that “time is on the side of the No campaign”, and that the government should be doing more to swing public debate in its favour.
Twomey said it could be helpful for the government to give voters “some guidance” on what it intends to deliver by the time a referendum is announced, both to silence calls for more detail, and to ensure that “people feel comfortable” and “adequately informed” before voting.
But publishing an exposure bill, she said, would be likely to only create more problems for Labor.
It could not only give rise to frustrations with Indigenous peoples who feel they weren’t adequately consulted, but also run the risk of misleading Australians on what they would actually be voting for.
“If Parliament then chose to construct the Voice in a different way, people may object that this is ‘not what we voted for’,” Twomey said.
“While there would be no legal constraint on Parliament exercising the powers conferred upon it by the referendum, such public expectations would be likely to create a political and moral constraint.”
Have the guts to say you oppose the Voice, Dutton. Worth also understanding that the change to the constitution comes before the legislation is drafted and instituted (the Act). I thought you would know this already. While you are thinking about this order of things, have a read of the constitution so you can perchance glimpse why this change is sorely needed. Then again, maybe you have read the document and are quite happy with what the English framers thought appropriate for their whites only colony, signed by Queen Victoria in 1900.
Dutton clearly recalls Tony Abbott’s efforts as Opposition leader. He was never constructive, ever the spoiler. This is the favoured tactic of a politician lacking in policy.
Absolutely. Abbott’s entire and only policy was to say no.
Nope, nope, nope.
https://www.theguardian.com/australia-news/2023/jan/19/liberals-jostle-for-molans-senate-seat-with-call-for-tony-abbott-to-fill-spot
“He’s not going to be leader again but boy, what a powerhouse of knowledge and experience in putting someone like Abbott to mentor some of the newer people in the parliament,” Kroger reportedly said. “I don’t think you could find anyone better.”
Why did you remind us??? 🙁
Dutton needs to come clean as it very much looks like he has no intention whatsoever of supporting the referendum. His previous attitudes and behaviours over numerous years towards Indigenous people and issues, his attitude to vulnerable peoples all confirm his stance. He is playing games and treating the people as mugs in efforts to undermine this referendum and at the same time use it as a power play with Labor. He is not a leader of maturity or wisdom as we work with the invitation from our First Nations people in such an important step towards Reconciliation with our past and sincere efforts to find ways with their guidance to find solutions to the destruction wrought on their lives and culture for more than 200 years.
Dutton if afraid of losing the bigot vote if he says out loud he supports the yes vote.
Spot on old sport. unfortunately neither of the Courier Mail here in Brisbane or many other such so-called ‘newspapers would ever have your point of view see the light of day. Ah well at least such papers are still useful for wrapping up fish and chips..
My worm bins love them
Can someone remind Mr Dutton he is the leader of the opposition and he and his party that he represents the interests of all Australians, not just a few favored banana benders and party doners.
Don’t just knock it ….come up with a better/alternative plan, the least you can you is have a go. This is what is expected of the opposition and what you have been elected to do in a democracy.
And maybe win the next election. You won’t get there by saying no to everything.
By the way what is your plan to win the next election?
No Plan as such…………..
…….merely a desperate hope of avoiding a Federal ICAC and ending up in the pokey.
He doesn’t care about the Voice. He just sees an opportunity to cynically undermine any possible Labor instigated achievement. Yes the Abbott playbook.
I reckon that if Albo didn’t favour the Voice, he would!
The main focus of the coalition is to stop Labor from governing/being in government. Dutton made this obvious in a moment of clarity at an election celebration when he said that his objective was to make sure Shorten didn’t become prime minister. No mention of policy. He’s like the dog chasing the car; once he catches it he won’t know what to do with it.
He will bite the wheel, then we know the outcome.
Around and … splat.
Neither did Morrison and his cronies, but God had a plan. Thank goodness.
I guess that Eagle was just a painting after all……………….