Albanese rules out legislating the voice if No campaign prevails

Anthony Albanese won’t legislate a voice to parliament if the referendum is defeated, saying he will not defy the will of the people.

Prime Minister Anthony Albanese. Picture: NCA NewsWire / Martin Ollman

Anthony Albanese has ruled out legislating a voice to parliament if the referendum is defeated this year, pledging that he will honour a No vote and the decision of the Australian people.

In his most definitive comments to date on the issue, the Prime Minister said that simply legislating a voice, rather than enshrining the advisory body in the Constitution, also was not the outcome Indigenous leaders had asked of the Australian people.

“The Australian people – we are giving them a say,” he told an extended podcast with 3AW’s Neil Mitchell. “The idea that the Australian people vote ‘no’ and I say, ‘well, that’s OK, thanks very much for participating in the referendum, we are going to do it anyway’. No. I won’t do that.”

Mr Albanese made clear there was no point legislating a voice that could not be enshrined in the Constitution because “that is not what they (Indigenous Australians) have asked for”.

He said putting the voice in the nation’s foundational document was “such a modest request”.

“What’s happening with the voice here and this constitutional change is that Indigenous Australians – in spite of what has occurred to them – are putting out their hand in a gesture of friendship and reconciliation and engagement.”

The clarification from Mr Albanese came as Indigenous leader Tom Calma, a voice co-architect, called out the No campaign for “total inconsistency” after Warren Mundine, one of the leading opponents of the voice, reaffirmed his ongoing support for the treaty process.

Mr Mundine, a leading a spokesman for the No campaign, told ABC radio on Tuesday he supported “treaties between the First Nations and the commonwealth” and had done so consistently for the past three decades.

The stance puts him at odds with Peter Dutton, who has warned the treaty process would involve “billions and billions and billions of dollars” and “lawyers sitting round tables in Sydney and Melbourne negotiating this”.

Opposition Leader Peter Dutton. Picture: NCA NewsWire / Martin Ollman

Professor Calma, the Senior Australian of the Year, said the conflict between Mr Dutton and Mr Mundine showed “total inconsistency”.

“It needs to be called out,” he told The Australian.

“It’s just a distraction from the main game. Getting the referendum up, that’s what we are all focused on. The treaty-making process is the next thing to be considered. It’s not (being considered) now.

“States and territories are already doing it. We’re seeing those discussions on treaty and negotiations. People need to discern between what’s happening nationally and at a state level.”

Mr Mundine told ABC radio he thought the nation was “going down the wrong track on treaties at the moment”, arguing that treaties could only be negotiated between the commonwealth and each individual Aboriginal nation.

“I’ve always said this, for over 30 years … I don’t back away from that, unlike Albanese, who is sort of running from the treaty process at the moment,” he said. “I know some of my supporters don’t support that particular thing. But I’m always on principle on these things.”

He rejected the idea the No campaign was using the treaty process to wage a scare campaign against the voice, arguing it was a “campaign that is pointing out that there is not enough details about these things”.

Mr Mundine also revealed he had kicked two people off the No campaign because of racist comments.

“I don’t appreciate racist comments,” he said. “I’ve got rid of them and I don’t accept any racist comments from anyone in regard to these issues … we’ve got to out these people. And I don’t take people on who make comments like this.”