House debates

Monday, 13 August 2018

Committees

Constitutional Recognition Relating to ATSIP; Report

12:00 pm

Photo of Linda BurneyLinda Burney (Barton, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

by leave—I rise to join with the member for Berowra in his tabling of the Interim report on constitutional recognition for First Peoples. I also recognise, as the member for Berowra has, his leadership as the joint chair of the committee, along with Senator Patrick Dodson. I understand that this is quite an unusual arrangement when it comes to select committees, but I think it's important and appropriate, particularly when you look at the subject that we're exploring in relation to this topic, that it be a joint committee.

I'd also like to say that one of the challenges, of course, as outlined also by the member for Berowra, is for this parliament to welcome this Interim report and then the final report in November. In the sense of not being on the wrong side of history, I think the nation is very ready—certainly from my discussions and interactions over the past 12 months—for an Indigenous voice to this parliament. It's really important that we are clear on what the Referendum Council said. They did not say that this voice would have any veto powers over the parliament. I think it's mischievous that there are intimations that this might be the case. They recommended that this voice would be advisory only and it would be up to this parliament to actually sort out and work out how it would operate, which of course has been the work of the select committee.

It has been a complex task but, interestingly, there have been very real themes that have evolved about the need for the voice to be elected so that it's legitimate. Many people have said that it needs to have a regional base. Obviously the one thing that everyone has recognised, both Aboriginal and non-Aboriginal, legal and non-legal, is that the sovereignty of this parliament has to be upheld and protected, and I think that that's very much understood, and I think that's the most important thing for people to keep in mind at the moment.

It seems to me also that it would be very wrong for this parliament to reject the views, yet again, of First Nations peoples when it comes to self-determination and when it comes to putting a reality around the words that we have said in this parliament many, many times. Both the Prime Minister and others have said that we want to work with Aboriginal people and work alongside them, and this is a perfect opportunity to do that. The discussions that we've had around the country—and there will be more—have been very deep and meaningful, in the sense that there has been a consideration of history, of the social circumstances of First Peoples and, of course, of the richness of the story of this nation and what First Peoples' stories bring to this nation.

I am disappointed, however, in the fact that the Prime Minister, as recently as last week, has dismissed the idea of the Uluru statement and has dismissed the idea of a voice, even before the Interim report was tabled. I think that the fact that the Interim report and the submissions made to the Interim report overwhelmingly support the proposal of a voice to the parliament is something that we as members of this parliament need to hear quickly and clearly. The Prime Minister said that a referendum would be undesirable and unwinnable, and he is misleading this place and the country when the voice is being described as a third chamber of the parliament. It is nothing of the sort.

There has been great discussion in our consultations about the value of a regional model. We've heard from many communities about the importance of grassroots people, local people, having a say, and, hopefully, that is happening through this process.

I think, though, that there is a real danger that the final report could be tabled in November, and not see the light of day again. I hope that that is not the case. I also hope very much that we avoid dog-whistle politics in this debate. It is not what we need. It is not what this country wants. And it's certainly not what First Nations people want. The issue cannot be ignored. This aspiration of First Nations people cannot be dismissed. We in this parliament have a responsibility to listen—as we say in our rhetoric.

I will finish up by saying this: the Interim report shows that the committee has had some very productive and constructive conversations on what a voice to parliament can achieve, and how it can be achieved. It notes strong support for a voice to parliament including from the National Congress of Australia's First Peoples, the Australian Bar Association, and the Indigenous Peoples Organisation. It notes a voice such as this is not unprecedented internationally, citing several examples, including South Africa. In fact, I attended an international conference just recently, held here in Canberra and hosted by the Australian National University, where we heard a number of speakers from other first-world nations with a colonial history and a story such as ours who talked about various models that have been in existence in their countries for a long time without the sky falling in. Surely, it is time for Australia to do the same.

As I said, the Interim report notes a voice such as this is not unprecedented and cites several examples from across the world. In terms of design, the committee heard about the need for a national voice to include local and regional structures. Submissions have also called for a First Nations voice to be received at state, territory and local government levels, as state and local laws continue to affect First Nations people equally with federal laws. Submissions have typically called for members of the voice to be chosen by Aboriginal and Torres Strait Islander peoples and for an equal gender representation. What came across very strongly, in terms of the construction of this voice, whichever way we do it, is that it has to have gender parity. I'm extremely pleased to see that as one of the main and very loud calls that have come out.

The joint standing committee recognised that legitimacy and concrete details presented political challenges to a voice to parliament, and this is a good thing. It considered that constitutional entrenchment would protect against parliamentary or executive interference. A range of views were presented in relation to pathways to constitutional entrenchment. The committee considered past, existing and other proposed structures and models for a voice to parliament, including the National Aboriginal Consultative Committee and the National Aboriginal Conference.

In conclusion, Labor has always supported the Uluru Statement from the Heart and its aspiration of greater self-determination. Through the committee, we will continue to work for cross-party support for a voice to parliament, and we will continue to approach with full hearts and open minds the further consultations over the coming months across the nation with both First Nations people and the broader community on how we can realise this aspiration.

I finish by saying once again: it is up to this parliament to make those aspirations a reality. We cannot be a roadblock on this journey, because, if we are, it will not only affect First Nations people fundamentally, it will actually diminish us all as a nation.

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