Prime Minister Anthony Albanese open to key Indigenous voice to parliament concessions in Australian Constitution

Prime Minister Anthony Albanese has flagged changing the draft constitutional amendment for the Indigenous voice to parliament so it cannot make representations to executive government.

Prime Minister Anthony Albanese at the National Press Club of Australia in Canberra on Wednesday. Picture: Gary Ramage

Anthony Albanese has flagged changing the draft constitutional amendment for an Indigenous voice to parliament so it cannot make representations to executive government, as he accused critics of “pretending” there is not already clear detail.

The Prime Minister said he was not being prescriptive about his proposed change to the Constitution, which says the voice “may make representations to parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander peoples”, and wanted to bring as many people as possible on the “journey” to constitutional recognition.

“I’m aware that there is a view over whether it be ‘executive government’ or ‘government’. Those things will be worked through,” Mr Albanese told the National Press Club in Canberra on Wednesday.

“You’ll have in March the presentation of (the constitutional amendment) legislation to the parliament. It will be moved in the parliament. There will then be a parliamentary committee process allowing people to have all of the input, and every person – either a legal expert or someone who thinks they’re a legal expert – will be able to make submissions to that process.

“I am not being prescriptive. I have never been prescriptive. I want this to happen. Australia needs this to happen. But it’s not my process.”

Removing “executive government” from the constitutional amendment could appease those who want the voice to succeed but who argue that particular reference will open it up to legal challenges and add confusion to the referendum.

It was also interpreted by a member of the government’s referendum working group, who did not want to be named, as an important signal to Peter Dutton that the Prime Minister was willing to make concessions to get the Liberal Party on side.

Jesuit priest and human rights lawyer Frank Brennan said he was “heartened” by Mr Albanese’s comments and “an increased openness to having those words (in the constitutional amendment) closely scrutinised”.

He said it should be a voice to parliament “full stop” and not a voice to parliament and executive government.

“I’m strongly of the view that, of course, as Aboriginal leaders like Noel Pearson have said, we want a place at the table in dealing with executive government. My only issue is that that should be done by the parliament and not through the Constitution,” Father Brennan told Sky News.

“We do need Mr Dutton and Mr Leeser to be solidly on board with whatever goes forward in terms of the proposal of words. And if we don’t, we’re going to have continuing divisions where, sadly, a referendum might not only be lost, but the campaign itself will cause division rather than unity in the community,” he added, referring to opposition Indigenous Australians spokesman Julian Leeser.

Mr Albanese said the voice to parliament was a “gracious and generous request” by Indigenous Australians to consult with them on issues that affected them.

“People can choose to try to spread misinformation or pretend that they don’t know about issues which are so clear, even though they all know it won’t have a right of veto, it won’t be a funding body, it won’t run programs, it’s not going to sit around the cabinet table,” he said.

While Mr Albanese was dismissive when asked if he was prepared to create and fund official campaign entities for both sides of the voice campaign – which is the Coalition’s outstanding demand on the referendum machinery legislation – opposition finance spokeswoman Jane Hume said she was “still hopeful” the parliament could get the provisions “right”.

“There’s no doubt that referendum integrity measures need to be improved, particularly when our intelligence agencies are telling us we are seeing more foreign interference than any time in our history,” she told The Australian.

“An official ‘Yes’ and ‘No’ campaign organisation would greatly assist with ensuring a proper process that Australians can recognise and trust.”

Mr Dutton said there was no timeline for the Liberal Party to finalise its position on the voice but declared Mr Albanese had presided over the process “in a disastrous way”.

“One day the Prime Minister says this is a huge issue for our country – of course it is. The next day he says, ‘Well, this is not our issue, we’re just the vehicle for the model that’s been proposed by others’. It’s a bizarre way to explain it to the Australian public,” the Opposition Leader said.

“I think most people are worried about what they’re hearing from the Prime Minister.”

Mr Leeser rubbished Mr Albanese’s shift on the constitutional amendment.

“Do I think it matters that the Prime Minister has opened the door to changes to the amendment today? The answer is no, because I think it will change again tomorrow,” he said.

“This referendum has two hurdles to overcome. The first relates to the settling of the amendment and the second to how the body will work.

“All of this is a symptom of the fact that unlike every other major law reform, the Prime Minister has thrown orthodox processes out the window. It’s so sad seeing him handling something so important so badly.”