Indigenous voice to parliament wording matters as referendum faces reality of history

Confirmation that Peter Dutton actively will campaign for a No vote in the referendum for an Indigenous voice to parliament is a decisive moment that must prompt further deep reflection on the wording that will be put to voters later this year.

Opportunity exists for this to happen through a parliamentary committee process that is under way, despite expectations the Labor majority will stick with what already is on offer. Politics aside, the hard reality is that history makes it clear that voters are most likely to reject a referendum proposal unless there is bipartisan support. Despite the latest Newspoll results that show majority support for the referendum in a majority of states, there is little reason to believe that this time things will be different.

As a newspaper, we have made our position clear that we support constitutional recognition of the nation’s Indigenous people. Having spent decades reporting the difficult issues that confront many remote communities, we support the principle of consultation with Aboriginal and Torres Strait Islander people about public policy matters that affect them. We believe Anthony Albanese is genuine in his belief that constitutional recognition and engagement are a vital part of reconciliation and that dialogue should be bottom up, not top down. And that this is something that should be able to unite all parties that currently are at loggerheads over how the referendum should be worded and what legal and practical implications would flow from the words that are chosen.

The Dutton position delivers on the aspirations for constitutional recognition and consultation but in a way that is not compatible with the wording that the Prime Minister has proposed for the referendum and that has been accepted by parliament. The Liberal position is in favour of constitutional recognition for Indigenous Australians but that there should not be a constitutionally enshrined voice to parliament. The Liberal Party supports a legislated voice to parliament that is outside the Constitution and says the priority should be for a local and regional voice to represent often marginalised communities.

The Liberal Party is being disingenuous when it says it is not saying no to everything on the referendum. This is because the referendum will be a single question, with voters unable to choose the bits they agree with and to reject those they don’t. The substance of Wednesday’s Liberal partyroom decision is that the Opposition Leader has made his own position clear. “I will be campaigning against it. I don’t think it is in the best interests of our country,” Mr Dutton said. “What I fear with the voice is it changes our system of government forever and that we end up with no practical net benefit to people in Indigenous communities, and that would be the worst of both worlds.” Liberal frontbenchers will be required to maintain the new party position of opposing the voice referendum as it is worded, while backbenchers will be allowed to act according to their conscience.

Mr Dutton draws strength for his position from his belief that the redrafted wording for the referendum question is inconsistent with the advice to government of the Solicitor-General. This advice has not been made public and there are conflicting reports about what it says. A lack of clarity on this point has fuelled concerns about the extent to which the courts could be engaged to make rulings for the voice against the elected government. Attempts to litigate points of dispute must be expected. But Mr Albanese could clear the air on what the government’s legal advice has been on this issue by releasing it, as he did with advice concerning the activities of former prime minister Scott Morrison. The Liberal Party now joins the Nationals, who announced in November last year that they would oppose the voice to parliament proposal because it would do nothing to close the gap.

The opposition stand understandably has upset those who have campaigned hardest for the voice referendum. Indigenous Australians Minister Linda Burney said Mr Albanese had met Mr Dutton seven times and at not one point did the Opposition Leader offer any changes to the amendments or the words that would be included in the referendum question.

Many have argued that the decision is further proof the Liberal Party is out of touch with the more progressive times. But this argument misreads the fact, as with most things in politics, that the community is evenly split on the issue.

The latest Newspoll showed majority support for the proposed referendum of 54 per cent, with 38 per cent opposed. The Liberal Party is reflecting the views of many Australians. The government must work harder to allay the genuine concerns many people still have.