MPs at loggerheads over Indigenous Voice to parliament’s scope

Ex-Nationals leader Barnaby Joyce has accused Labor frontbencher Tanya Plibersek of being “sneaky” as the two MPs clashed over the Voice to parliament.

Barnaby Joyce has accused Tanya Plibersek of being sneaky after the Labor frontbencher said there was no point in debating legislation to create the Voice to parliament before the referendum.

The former Nationals leader clashed with the Environment Minister over the Voice on breakfast TV on Monday following the Liberals’ decision last week to reject the government’s plan to create a constitutionally-enshrined national Aboriginal and Torres Strait Islander advisory body.

Australians will vote sometime in the final three months of the year in a referendum which will add a chapter to the Constitution to enshrine the Voice to advise parliament and the executive government if a majority of voters in a majority of states back the proposal.

Mr Joyce — whose Nationals Party decided to oppose the Voice last year — demanded the government release legislation outlining the details of how the Voice would operate before the referendum was held.

Ms Plibersek said should the referendum succeed the government would introduce new legislation to set the rules of the Voice — including its size, how its membership is selected and “what it has a say over” — which parliament would debate in the usual way.

“There’s no point having the debate if the referendum is lost,” she said.

Environment Minister Tanya Plibersek says parliament will work out the Voice’s scope if the referendum succeeds. Picture: Sunrise/Channel 7

The government has routinely shut down the Coalition’s calls for more detail on how the Voice would operate by saying the finer points will be thrashed out through the usual parliamentary processes if the referendum succeeds.

Part of the proposed constitutional change stipulates that “parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures”.

But Mr Joyce insisted the proposal to add the Voice to the Constitution without releasing the relevant legislation first was “so sneaky”.

“Show us the legislation before the Australian people vote or you’re being sneaky and you’ve got something to cover up,” he claimed.

Ms Plibersek said there was “plenty of detail out there” on the Voice and accused Mr Joyce of looking for excuses to say “no”.

“Barnaby, you are so negative. You just want to say no to everything,” she said.

She rubbished suggestions the Voice would try to sway government decisions which weren’t relevant to Indigenous people after Mr Joyce claimed the advisory body could influence the Reserve Bank, the Australian Defence Force and the ABC.

“Does Barnaby really think that an Indigenous Voice to Parliament is going to be worrying about interfering in defence policy when we’ve got a 10-year life expectancy gap?” she said

Mr Joyce reiterated the Coalition’s demand that the government release Solicitor-General Stephen Donoghue’s legal advice on the Voice proposal, saying Australians deserved to know exactly what matters the Voice would be able to advise on before they voted for it.

The advice from the commonwealth’s top legal adviser has become a key part of the political debate over the Voice’s scope but the government has resisted calls to publish it.

Barnaby Joyce says Australians deserve to know exactly what they’re voting for. Picture: Sunrise/Channel 7

Asked on Sky News on Sunday if he was willing to release the advice before the referendum, the Prime Minister said: “The Solicitor-General’s views are very clear of support for this change, that it’s legally sound. And through the process, he will, I’m sure, take the opportunity through the Attorney-General (Mark Dreyfus) to make that position clear.”

Peter Dutton announced last week the Liberals had agreed at a special party room meeting in Canberra to support some form of constitutional recognition of Indigenous Australians.

But they will reject the creation of a constitutionally-enshrined Voice and plan to advocate for legislated local and regional advisory bodies — but not a national one — instead, the Opposition Leader said.

Australia’s only Liberal premier — Tasmanian leader Jeremy Rockliffe – has confirmed he will break ranks from the federal Liberals to campaign for the Voice alongside Mr Albanese.

Mr Joyce lashed Mr Rockliffe for this decision on Monday, saying the premier should be concerned that a Constitutional change would enshrine the Voice “in perpetuity”.

“No matter who changes (in) the government, they stay the same. That for a politician should ring some alarm bells,” Mr Joyce said.

“And, away from that, Jeremy would have to explain why he believes that people are born in Australia with different rights.”

Federal parliament will vote on legislation to finalise the wording of the Voice referendum question and the proposed constitutional change in June, after a bipartisan committee examining the Constitution Alteration Bill tables its report.

Originally published as MPs at loggerheads over Indigenous Voice to parliament’s scope