We have just heard, in one speech, every bit of disinformation and misinformation and scare campaigns that exist in this debate.
I am very pleased that politicians can step out of this after this debate on the alteration bill.
Because the one thing, I agreed with in terms of the Leader of the Opposition, is this is not a decision or a play thing of politicians.
It is a decision of the Australians people.
Almost 56 years ago to the day –
Australians voted in the 1967 referendum.
It was a major turning point in the Australian story.
A unifying moment –
One that appealed to Australians innate sense of fairness.
In 2023, Australians will again vote in a referendum.
One based on hope.
Hope for a better future.
Hope built on the aspirations of Indigenous Australians, embodied in the Uluru Statement from the Heart.
In 2023, it’s time for recognition.
It’s time for an Aboriginal and Torres Strait Islander Voice to Parliament.
Because Aboriginal and Torres Strait Islander people have not enjoyed the same opportunities as so many other Australians.
In fact, Indigenous Australians have been left behind.
An almost 9 year gap in life expectancy –
A gap in infant mortality -
And our young people robbed of their potential, languishing behind bars in a justice system that has let them down.
It isn’t good enough.
Something has to change.
And change for the better.
A better future
Later this year we will all get the chance to do something better.
Because constitutional recognition through a Voice to Parliament is about giving Indigenous Australians a say in the matters that affect us.
It means delivering structural change that empowers Indigenous communities.
It means getting better advice, so we get better policies and better outcomes.
And let me be clear, the disadvantages experienced by Indigenous Australians are not the fault of any single individual today.
But, it is all of our responsibility to strive for a more reconciled future.
A better future that recognises First Nations peoples rightful place in this country.
A better future that genuinely listens to the needs and aspirations of Indigenous Australians.
Which brings me to the Uluru Statement from the Heart.
Almost 6 years ago to the day –
Indigenous Australians from right across the country gathered in Uluru to deliver the Statement from the Heart.
In an historic First Nations consensus on the way forward.
The Statement was supported by over 250 delegates, following consultation with 1,200 Aboriginal and Torres Strait Islander people who were involved in the referendum council-led Uluru dialogues.
To Megan Davis, Noel Pearson and Pat Anderson thank you for your leadership during this pivotal time.
This great endeavour has not been rushed into.
No shortcuts have been taken.
This has been a grassroots movement, the culmination of years of discussion, consultation and hard work by so many.
At its heart, the Uluru Statement is about listening.
Listening to advice from on the ground in communities –
Because listening is a prerequisite for policies that work.
And good policy is essential to closing the gap.
Good policy that makes a practical difference.
Like the Indigenous-led community health clinics delivering dialysis or treatment for rheumatic heart disease where people live – and improving health outcomes and saving whole families from endless travel.
Like the Indigenous Ranger Programs that have reduced unemployment rates, giving young a sense of purpose and boosted protection for our unique natural environment.
Making a practical difference – that’s what recognition through a voice is about.
Referendum working group
After the Prime Minister’s speech at Garma -
Senator Patrick Dodson and I appointed a group First Nations representatives to guide government through the Referendum Working and Engagement groups.
And I can honestly say that in my all years of public life I’ve never seen people come together with such singularity of purpose.
With so much wisdom and experience –
Such determination to make a practical difference for the next generation.
I also want to give a special thanks to the Expert Legal Group – for the expertise and intellectual rigour.
I also want to thank my good friend, the Special Envoy, Senator Pat Dodson, a true fighter, and Pat I want you to know we are all thinking of you at the moment.
And I acknowledge too – the leadership, dedication and diligence of the Attorney-General.
Design principles:
The Referendum Working Group not only guided government on the constitutional amendment and the question.
They also guided government on the design principles of the Voice.
Those principles are that the Voice will:
- Give independent advice to the Parliament and Government;
- Chosen by Aboriginal and Torres Strait Islander people based on the wishes of local communities;
- Representative of Aboriginal and Torres Strait Islander communities, gender balanced and include youth;
- Empowering, community-led, inclusive, respectful and culturally informed;
- Accountable and transparent;
- Work alongside existing organisations and traditional structures;
- The Voice will not have a program delivery function nor a veto power over this parliament.
And I reiterate it will be a voice that will ensure women’s voices are heard – because it will be gender balanced.
Now, in the event of a successful referendum, there will be a process with Aboriginal and Torres Strait Islander communities, the Parliament and the broader public to settle the Voice design – including links with regions.
Legislation to establish the Voice will then go through the normal parliamentary processes to ensure thorough scrutiny.
Regional voices
Now, everyone agrees that the Voice needs to be connected to grassroots communities.
It’s why regional voices that can plug into a national voice are so important.
And why the investment set by the former Liberal Government for regional arrangements remains in the Budget.
After the referendum, we will work to link the national voice in at a regional level, in a way that works for local communities.
And we will make sure there is a process of talking to local First Nations people first.
We will build on the progress that has been made by states and territories.
We will build on the important foundational work done by Tom Calma and Marcia Langton.
And we will build on the vital listening and respect for local communities that was laid down by the Uluru dialogues.
Committee process
I now want to speak on briefly on the Joint Select Committee Process –
And I thank all Members and Senators that worked hard on this process, particularly the Chair Senator Green.
The Parliamentary Joint Select Committee heard some powerful evidence from a range of witnesses –
Evidence about the importance of constitutional recognition, evidence from legal experts and evidence about how an Aboriginal and Torres Strait Islander Voice would make a practical difference on the ground.
On the wording of the proposed amendments, expert after expert told the Committee that the amendment is constitutionally sound.
Former Chief Justice of the High Court Robert French said there was low or no risk.
Bret Walker SC, said and I quote:
“…somehow jamming the courts from here to kingdom come as a result of this enactment, is really too silly for words”.
Importantly, many people stressed the importance of the Voice being able to make representations to the Executive Government.
Professor Tom Calma AO spoke of how important this was:
“… we have many programs the executive government delegate to implement themselves that don't require parliamentary intervention, so that's why it's important to work with the executive government and the bureaucrats particularly on how to implement a lot of their programs.”
Roy Ah-See reiterated that when he said:
“I think it’s critical and essential that this voice has direct communications to the executive”.
Tom Calma and Roy Ah-See are correct.
The Voice should be able to make representations to the Executive Government.
The purpose of the Voice is to improve outcomes for our people.
And it is the Executive Government that makes policies about Aboriginal and Torres Strait Islander people.
And, when the Parliament passes laws about Aboriginal and Torres Strait Islander peoples, it is the Executive Government that implements them.
And there is agreement on this from Ken Wyatt
He said
"It's too late after a party room meeting, it's too late after it's been tabled in the parliament.”
And that is why the Voice should be able to speak with executive government.
The right amendment
I believe the Constitutional Amendment before the Parliament takes the right form –
It is symbolic – and practical.
It recognises 65,000 years of Australian history.
It makes our system of government stronger -
It will make a practical difference on the ground in communities.
It will improve people’s lives.
It is constitutionally sound.
It gets the balance right.
The Solicitor-General’s opinion makes this clear. He says:
- “in my opinion proposed s 129 is not just compatible with the system of representative and responsible government prescribed by the Constitution, but an enhancement of that system.”
And that is from the Solicitor-General and we have taken his advice very carefully.
He also said
- “… a core rationale underpinning the proposed amendment is to facilitate more effective input by Aboriginal and Torres Strait Islander peoples in public discussion and debate about governmental and political matters relating to them.
- “it seeks to rectify a distortion in the existing system.
So the Solicitor General’s advice is very important.
And yet this is not enough for those hell-bent on dashing the hopes of a people.
Not enough for those hell-bent on stoking division.
It’s not enough for those trying to play politics with an issue that should be above partisan politics.
The Government believes we have the right amendment to proceed with.
We had a right rigorous process that has listened to a wide range of views.
And we encourage every single member of the Parliament to support this Constitutional Alteration without amendment.
Conclusion
I want to conclude by quoting a passage from the Uluru Statement from the Heart:
“Proportionally, we are the most incarcerated people on the planet.
We are not an innately criminal people.
Our children are aliened from their families at unprecedented rates.
This cannot be because we have no love for them.
And our youth languish in detention in obscene numbers.
They should be our hope for the future.
These dimensions of our crisis tell plainly the structural nature of our problem.
This is the torment of our powerlessness.
We seek constitutional reforms to empower our people and take a rightful place in our own country.
When we have power over our destiny our children will flourish.
They will walk in two worlds and their culture will be a gift to their country.”
Let’s get this done, together.
Let’s move Australia forward, for everyone.