House debates

Wednesday, 24 May 2023

Bills

Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023; Second Reading

5:55 pm

Photo of Jerome LaxaleJerome Laxale (Bennelong, Australian Labor Party) Share this | Hansard source

On Monday morning I found myself here in this chamber, being the dutiful backbencher that I am. I happened to be in here when the Leader of the Opposition launched into his ugly attack on the Voice. Thankfully, since then I've also heard from many others who gave this matter the respect and dignity it deserves, just like the extraordinary contribution we've just witnessed here from the member for Berowra. I thank him for his considered position and dignity that he's giving to this debate. Yet those mean and nasty words of the Leader of the Opposition have stayed with me since I heard them on Monday. I guess what has kept them with me is that, at this point in time right now, he has seized this once-in-a-generation opportunity to bring our country together, our once-in-a-generation opportunity to listen to communities across the nation to continue on a path to reconciliation, and, instead of seizing that opportunity, he's used his 15 minutes here to engage in fearmongering and the politics of division. He's relied on the talking points of shock jock's and conspiracy theorists while perpetuating misinformation regarding the proposed constitutional alteration.

As I sat there on Monday unwillingly absorbing that disinformation, someone messaged me and challenged me to use my speech and my time in this place to call him out, and so I will. The Leader of the Opposition claims that:

If Australians vote for change, then our nation, our democracy and their lives will be fundamentally altered…

This is false. In response, I'll draw the Liberal Party's attention to the words of the second law officer of the Commonwealth, Solicitor-General Stephen Donaghue. He said that the Voice will not impede or restrict the exercise of existing parliamentary powers. He further emphasised that the Voice is not only compatible with our system of representative and responsible government prescribed by the Constitution but that it enhances that very system.

The next piece of misinformation from the Leader of the Opposition is the shameful implication that this process has been rushed. He says:

Our Constitution is not something to be toyed with lightly, yet that's exactly what this Prime Minister is doing. Whenever we've made a change to the Constitution in the past, there's been a convention. … Instead, we have had a 4½ day committee, a kangaroo court …

Again, this is false. The falsehood, of course, is the dastardly implication that this referendum has been rushed, is ill thought out and is being rammed through this parliament. Firstly, there have been four referendums that have been put to the Australian people that were not based on any convention recommendations. Three of those four referendums were carried. Secondly, there actually was a constitutional convention for this one. He said there wasn't one. It wasn't that hard to find out. There's a quote on the parliament's website. It wasn't that hard to find. It says:

A constitutional convention bringing together over 250 Aboriginal and Torres Strait Islander leaders met last month at the foot of Uluru in Central Australia on the lands of the Anangu people.

…   …   …

… the First Nations National Constitutional Convention met over four days from 23 to 26 May 2017 to discuss and agree on an approach to constitutional reform to recognise Aboriginal and Torres Strait Islander peoples.

That misinformation, again, is quite easily disproven.

Now let's talk about this implication that the process has been rushed. In 2018 a bipartisan joint select committee led by the member for Berowra and the Hon. Senator for the Northern Territory Patrick Dodson examined the proposal made public in 2017. The recommendations of the committee's report were accepted by the Morrison government, when the Leader of the Opposition was a senior cabinet minister. Then a senior advisory group established by former Minister for Indigenous Australians Ken Wyatt brought together Indigenous representatives and the government for a co-design process. They delivered their final report in 2021. Then, of course, we had a commitment to hold this referendum as a key plank of an election platform for the Albanese government. To imply that this process has been rushed or is undercooked is not only patently false; it is farcical. The Leader of the Opposition and the Liberal Party are deliberately sweeping away years and years of consultation and work carried out by Indigenous elders, representatives and members of their own caucus to cast out this generous offer made by Indigenous Australians.

Then the member for Dickson expresses concern about the lack of detail regarding the Voice. We know that this line comes straight from the cookers' handbook. The conspiracy theorists and those who oppose the Voice continue to parrot this line each and every day. In his speech, the Leader of the Opposition said, 'The government wants you to vote for the Voice on a vibe.' This is false. I'll tell you what's not 'a vibe': 280 pages of detail in a report to the cabinet. This is the report that was delivered to the former government and presented to a cabinet that the Leader of the Opposition was a member of. This report resulted from an 18-month collaborative process, providing a comprehensive plan and implementable recommendations to incorporate the voices of First Nations people in the Australian government and parliament.

Not only is there a 280-page report that the Leader of the Opposition seems to have ignored; there has also been substantial information released by reputable third parties. The Indigenous Law Centre has published three issues papers addressing critical matters, related to constitutional amendments, the referendum question and the finalisation of the Voice design. And, of course, the draft amendment to the Constitution has been made public. After all this detail, to claim that there is no detail on how the Voice will work is abhorrent and absurd. Mark my words, Deputy Speaker: it is also deliberate. It is divisive and it is disingenuous.

Finally and probably most offensively, the Leader of the Opposition continually refers to the Voice as 'the Canberra Voice'. He shouts that he and the Liberals 'do not support enshrining in our Constitution a divisive, disrupting and democracy-altering Canberra based Voice'. This, again, is false. The Voice is a generous offer by Indigenous Australians. The Voice will be representative of Aboriginal and Torres Strait Islander communities. It will be empowering, community led, inclusive, respectful, culturally informed and gender balanced. The Voice will enhance our democracy and will bring our country together. It will bring us closer to treaty and truth and will enhance our country on our journey towards reconciliation.

I hope, in my minutes here today, those opposite truly understand what the Leader of the Opposition is trying to do when he chooses to deliberately spread misinformation in his opposition to the Voice. He aims to instil fear, he aims to cast doubt and he aims to bring down this referendum, one that his party and his former government were committed to not so long ago.

In his closing statements, the Leader of the Opposition encourages all Australians to be guided by their heads, and on this point I concur with him. Australians should not vote on party lines on this matter, because if they do then this referendum will fail. I would encourage everyone to be guided by their heads, by their intellect and by their compassion. The Australia that I know and the Bennelong that I represent will make decisions based on reason and empathy, and I'm hopeful that they will vote in favour of this referendum. The referendum is a simple matter encompassing two crucial aspects: recognition and consultation. If Australians consider those two matters, then they too will vote yes in this 45th referendum, making it the ninth successful referendum in Australian history. As they did at the last federal election, I have faith that Bennelong and the nation will reject the politics of fear and reject the politics of division and misinformation. I have faith in Australia to unite in support of this referendum and vote yes.

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