House debates

Thursday, 29 November 2018

Committees

Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples; Report

4:25 pm

Photo of Julian LeeserJulian Leeser (Berowra, Liberal Party) Share this | | Hansard source

On behalf of the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples, I present the committee's final report, incorporating dissenting reports.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—This committee was asked to consider the work of the expert panel, the former joint select committee and the Statement from the Heart of the Referendum Council. The Statement from the Heart was a major turning point in the debate about constitutional recognition. Not only did it bring a new element—the voice—into the debate, but it rejected all previous proposals for constitutional recognition. This rejection was a shame because there were previous proposals which would command broad political support, but we acknowledge that at Uluru they were taken off the table.

At the centre of the Statement from the Heart is the voice. The voice is the matter on which we focused most of the efforts of the committee. In the interim report we flagged that the next step of process towards constitutional recognition would be co-design. That's what we promised in the interim report; that's what we've delivered in this final report. Ultimately, the form of the voice will emerge from the co-design process, but the key point is that the voice will be designed with government by Aboriginal and Torres Strait Islander peoples, for Aboriginal and Torres Strait Islander peoples, adapted for local conditions right across the nation.

The voice will provide a mechanism for Aboriginal and Torres Strait Islander peoples to be consulted and engaged on the policies and laws that affect them and it will provide a forum for Aboriginal and Torres Strait Islander peoples to bring issues to government. Such a process has as its goals better social and economic policy outcomes for our First Nations peoples. After the co-design process is complete, the legal form of the voice can then be worked out. It will be easier to work out the legal form of the voice after we have clarity on what the voice looks like.

Since the interim report, a division of opinion has emerged as to the political tactics that should be used to achieve constitutional recognition. Some have argued there should be a referendum as the first step. Leaving aside any questions of the need to build further political consensus, it's difficult to proceed to a referendum today when this committee has received no fewer than 18 different versions of constitutional amendments without consensus. Our judgement, therefore, is that, before the voice proceeds to the next step, the co-design project must have been successfully completed.

I would like to pay tribute to my co-chair, Senator Dodson. The committee would not have functioned as well if the relationship between us had not been as open and cooperative as it was. It was a privilege to work with him as it was with all the other members of the committee, and I acknowledge the members for Indi, Lingiari and Barton, who are all in the chamber at the moment. While acknowledging we all came from very different perspectives, at all times the committee sought to focus on what we agreed on, not what we disagreed on.

During the life of this committee, my son James was born, and he's in the gallery today for the first time, with my family. I hope that, when he looks back on whatever his father achieves in this place, he will be proud of the efforts his dad made towards constitutional recognition of and reconciliation with our First Nations peoples. This remains one of Australia's great national goals.

I know our time is short today, and I intend to seek leave to make further remarks on this point when the matter goes to the Federation Chamber, and so I therefore move:

That the House take note of this report.

4:28 pm

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

The Labor Party joins the Independents and the government in tabling this report. The Labor Party recognises and accepts fully the Statement from the Heart from Uluru and believes that constitutional reform is a great priority for Australia. We believe that there is a very real need for further consultation and discussion with Indigenous people to design the voice, design the timing and also design the question that will be put to the Australian people in a referendum. We're also very committed to having a referendum in the first term of our government, if we are afforded the great privilege of being elected.

We have focused in this committee, as the member for Berowra said, on what we could agree on, not what we disagreed on, and that was very important. We'll be using the old ATSIC regional boundaries as the basis for discussions going forward in the co-design of the referendum and the voice to the parliament. We on this side of the House also accept very much the need for a makarrata commission and a national truth-telling process, which has formed part of the way forward. I join with all my colleagues who have participated in this in very good faith.

Debate adjourned.