Senate debates

Monday, 1 August 2022

Questions without Notice

Australian Constitution: First Nations Voice

2:09 pm

Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. Can the minister outline the Albanese government's plans for a voice to parliament?

2:10 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

WONG (—) (): I thank Senator Stewart for, I think, her first question—is that right?—and congratulate her again and welcome her to the Senate.

Over the weekend, the Prime Minister gave the most significant speech on Indigenous affairs by an Australian Prime Minister since the National Apology to the Stolen Generations. He outlined the government's plan to implement the Uluru Statement from the Heart in full, and, specifically, he laid out plans to enshrine a voice to parliament in the Constitution, proposing a referendum question for consultation:

Do you support an alteration to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice?

It's a straightforward proposition; it's a simple principle; it's a question from the heart. Our starting point is a recommendation to add three sentences to the Constitution in recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of this country:

        We are seeking momentous change, together. But it is also a very simple one, because, at its heart, it's about consulting our First Nations brothers and sisters, our First Nations peoples. It's about consulting Aboriginal and Torres Strait Islander peoples on the decisions that affect them. It is nothing more and nothing less. And, as the Prime Minister said, it is simple courtesy and common decency.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Stewart, your first supplementary?

        2:11 pm

        Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | | Hansard source

        Can the minister please explain how a voice to parliament can support practical outcomes and Closing the Gap?

        2:12 pm

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        I thank the senator for her supplementary question. The voice will be an unflinching source of advice and of accountability. It's not a third chamber; it's not a rolling veto; it's not a blank cheque. It's a body with the perspective and power and platform to tell the government and the parliament the truth about what is working and what is not—to tell the truth with clarity and with conviction. So it's not an either/or proposition. We can and must do both.

        It won't delay our plan to train 500 new Aboriginal healthcare workers or stand in the way of our new investments in lifesaving kidney dialysis treatment. It won't slow us from upgrading roads or expanding education and economic opportunities. On the contrary, recognition and a voice will accelerate progress, because the accountability of the voice will help us get on track to close the gap.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Stewart, a second supplementary?

        2:13 pm

        Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | | Hansard source

        Can the minister explain to the Senate the Uluru Statement from the Heart process leading to the voice to parliament?

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        I thank Senator Stewart for her supplementary. There are now more First Nations parliamentarians—including the good senator—than ever before, and that does make an enormous difference. But elections mean parliamentarians come and go. The voice will exist and endure outside of the ups and downs of election cycles.

        Let's recall that the Statement from the Heart is the outcome of the most significant consultation process of First Nations Peoples Australia has ever seen. It builds on the work of the Expert Panel on Constitutional Recognition of Indigenous Australians and the 16-member Referendum Council. There had been many years of consultation by the time the council travelled to 12 different locations around Australia and met with over 1,200 Indigenous representatives. Whilst I respect that there are differences of views, including in this place, I do urge senators to recognise and respect the years of concerted effort that have got us this far. (Time expired)

        2:14 pm

        Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

        My question is to the Minister representing the Minister for Indigenous Australians, Senator Gallagher. Will the government inform Australians of its plan for who will serve on the proposed Indigenous voice, and how they will be selected, prior to asking Australians to amend the Constitution?

        Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

        I could certainly start to provide an answer, but, if there is more information that I can provide to the senator, I will following question time. I think the idea that the Prime Minister outlined on the weekend is for the consultations to commence on a whole range of detail about progressing this to the referendum stage. I think the Prime Minister was very clear on the weekend that he didn't want to determine arrangements without consultations with First Nations people, but the regional voice arrangements will be put in place and they will provide a nationally-consistent system for First Nations people and government to work in partnership at the regional level. The regional voice arrangements will complement a First Nations voice at the national level. Obviously, there will be consultations across the board not just with First Nations communities but also with state and territory governments, but, if I can provide further information for the senator, I will do that following question time.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        First supplementary, Senator Nampijinpa Price?

        2:16 pm

        Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

        What process has the government put in place for Australians, including Indigenous Australians, to provide feedback about the proposed question and approach to the voice?

        Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

        (—) (): My understanding is that there has been deep consultation with a whole range of stakeholders around the development of the advice that informed the speech the Prime Minister gave on the weekend. Obviously there's been the work that previous parliaments have done, but there is also the work that Dr Calma and Dr Langton have done, which has helped inform the position that the Prime Minister outlined on the weekend. I think the Prime Minister has been clear that there needs to be a lot more discussion, consultation and listening from government as we proceed to the next stages of the referendum process, and that will be done. This is being done in the spirit of cooperation, collaboration and goodwill, and— (Time expired)

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Nampjinpa Price, second supplementary?

        2:17 pm

        Photo of Jacinta Nampijinpa PriceJacinta Nampijinpa Price (NT, Country Liberal Party) Share this | | Hansard source

        tor NAMPIJINPA PRICE () (): Prior to the vote on the voice and noting the government is fast-tracking abolishing the cashless debit card, will the government outline its alternative plans for tackling alcoholism, drug addiction, problem gambling, violent assaults and sexual abuse in Indigenous communities?

        2:18 pm

        Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

        I thank the Senator for the question. I think the outline that the Prime Minister gave on the weekend was that we want to consult further, listen and get the details right—

        Hon. Senators:

        Honourable senators interjecting

        Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

        That is the approach the government will take whether you guys like it or not. In relation to the second part of the question, we are working with the Northern Territory government in relation to specific supports that need to be on the ground in the Northern Territory, but obviously there are a whole range of programs that are funded from the Commonwealth in partnership with the states and territories to support First Nations communities across the board, whether that be in health, social supports, housing or education. Those of course will continue but with greater purpose from this government than from previous arrangements that have been put in place. We seek to collaborate, to cooperate and to listen to First Nations communities.

        2:19 pm

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        r THORPE (—) (): My question is to the Minister representing the Prime Minister. How does your proposed constitutionally enshrined Indigenous voice to parliament affect First Nations peoples' sovereignty in this country?

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        Thank you, Senator Thorpe, for the question. I think the government have made clear that we will look to implement in full the Uluru Statement from the Heart, which, as you know, goes to voice, treaty and truth. I understand that you personally have a different view about the order of those achievements or those objectives. From our perspective, given the level of consultation with First Nations' communities that grounded the Uluru Statement from the Heart, we are proceeding respectfully in accordance with that statement. I would make this point, and it picks up really what Senator Price asked my colleague Senator Gallagher: I appreciate that this is a big change for many people. And I appreciate that there are those who wish to ask questions of detail. Sometimes, even if those questions are answered, they will not change their position. I respect that, but—

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        I have a point of order on relevance. My question was: how does going into the Constitution affect First People's sovereignty in this country? That's all.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Thank you, Senator Thorpe. I believe the minister is being relevant. Minister Wong, please continue.

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        As I understand, what has been put to us by the representatives of First Nations peoples, as outlined in the Uluru Statement from the Heart, is that they are seeking that we respond first to the voice before moving to treaty and truth. I would make the point that the enshrinement of a voice is symbolic, but it is also pragmatic. It's symbolic because it will include Aboriginal and Torres Strait Islander peoples in the founding document of our country. It is pragmatic given that there is no systematic process for First Nations peoples to provide advice to the parliament. (Time expired)

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Thorpe, first supplementary?

        2:22 pm

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        How does the Prime Minister's proposal for a referendum honour the principles of free, prior and informed consent as defined in the United Nations Declaration on the Rights of Indigenous Peoples, which Labor supported in the last parliament?

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        I'm sorry, I might have misheard. I couldn't actually hear the question.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        I will ask the senator to repeat her question, if the clocks could be held.

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        How does the Prime Minister's proposal for a referendum honour the principles of free, prior and informed consent as defined in the United Nations Declaration on the Rights of Indigenous Peoples, which Labor supported in the last parliament?

        2:23 pm

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        The Prime Minister is seeking to implement not only an election commitment but a call from First Nations peoples for this action. So, when you talk about consent, my view and what I'd put to you, Senator, through you, President, is that the consent is a representative group which has come together—

        Senator Thorpe interjecting

        I appreciate you may not agree with it. But people from across this country, First Nations peoples, have come together and they have asked for this. They have put out their—

        Honourable senators interjecting

        I'm not sure if Senator Thorpe and Senator Price want me to continue, or did you—

        Photo of Bridget McKenzieBridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | | Hansard source

        People talk across the chamber all the time.

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        No. No—

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator McKenzie, interjections are disorderly. Minister, please continue.

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        My point is this: I appreciate that you have a difference of views, but we are responding to—and Senator Dodson, I'm sure, could speak with much greater eloquence than I—the call from First Nations peoples across this country as exemplified and as captured—

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        Point of order on relevance: as the only sitting member in this place that was at Uluru, there was no consensus. There was no consent. I was there. Were you?

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Thorpe, please resume your seat. The minister is being relevant to the question that you asked. Minister Wong, please continue.

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        Well, this is a call that we wish to respond to. (Time expired)

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Senator Thorpe, a second supplementary?

        2:24 pm

        Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

        Will you legislate for a makarrata commission before any referendum? We want a treaty before the referendum. Will you legislate it before the referendum?

        Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

        I know that Ms Burney and the Attorney have had some consultations on this, and I think the phrase 'co-designing' was used. But if I can get further information about the timing of that, I will do so. I'd make the point that we are seeking to progress this reform in the priority that has been identified by First Nations peoples. As I said, I appreciate that isn't your view, but it's the view of a great many who came together to form the Uluru Statement from the Heart, who are also democratic representatives in their own right, who are also democratic representatives in their own right of their peoples, and we are responding to that. But if I can get further information about the process of design for makarrata, I will do so.

        Photo of Sue LinesSue Lines (President) Share this | | Hansard source

        Thank you, Minister, your time has expired, and I would ask you to address your answers to questions through the chair. Senator Sterle.