Megan Davis

For more than 230 years, Australia’s federal and state governments, and previously its colonial parliaments, have told the Indigenous people of this land what they need, and what they are entitled to do. It’s about time that we got quiet and listened instead. The Voice provides this space and opportunity.
This book should be read by all Australians prior to coming referendum, especially those politicians and social commentators who are already dealing in misinformation, whether deliberately or through ignorance.… (altro)

Every Australian should read this book.

It has been 5 years since the Uluru Statement from the Heart, and there is still some time to go, but the new Government has committed to implementing the three elements of the Statements:
- a Voice to Parliament
- a Makarrata (or treaty) between the First Nations peoples and the Australia
- Truth Telling.

The authors are both well known constitutional lawyers/academics. I have heard George Williams speak on a range of topics over many years. He has always come across to me as a thoughtful and reasoned thinker. I have heard Megan Davis (a Cobble Cobble woman from South West Queensland) far less, but that which I have heard leads me to the same conclusion.

They write plainly and clearly. It is not a hard read and is not directed to lawyers but rather to the wider public.

The book deals with:
- the existing Constitution and its amendment over time
- the lead up (including the consultation) to the Uluru Statement
- the content of the Statement
- the events that have since occurred
- the steps that remain outstanding, and some of the thinking as to the order of those steps, in particular the reasoning for Constitutionally enshrining the Voice to Parliament, as a first step
- the prospects of achieving Constitutional change.

They argue, persuasively in my opinion, that the constitutional change to enshrine the Voice to Parliament be kept as simple as possible and to not hard wire in the Constitution the nuts and bolts of the VTP (eg who will comprise the VTP? how/will they be funded? what will be the exact interaction between the VTP and the 2 houses of parliament? etc.
These things are likely to change over time, and hard wiring now is fraught with danger. For those concerned with not having the detail now, should take some comfort in the fact that the existing Constitution has no provisions as to the Prime Minister, or party politics etc.

My one quibble with the book is I think the authors are a little too shy in describing the VTP, saying on a number of occasions that much still needs to be done in designing the VTP. I agree if one is talking about the nuts and bolts (see above) but not as the concept itself. It is a Voice to Parliament, not a Voice in Parliament. In that respect, former PM Turnbull in stating he was not in favour of another house of Parliament, either completely misunderstood the suggestion or was worse.

The VTP is a means by which the First Nation peoples of Australia (who comprise less than 5% of the overall population) can provide their views as to matters and laws which relate to or impact on First Nations peoples. The VTP does not constitute a veto on what laws are passed by Parliament and the government of the day.

It was disappointing to read one commentator last week suggesting that people were avoiding the question 'can the VTP be turned off?'. It is a disingenuous question, perhaps designed to argue that the constitutional change needs to set out all of the nuts and bolts, with the risk that any referendum would follow the fate of the republican referendum, falling away as people focussed on nuts and bolts rather than the concept. I say disingenuous, because the Statement clearly states that the VT P is to be constitutionally enshrined. And it does not take much to understand that once enshrined, the Constitution can only be changed by another successful referendum. But as proposed, the nuts and bolts will be addressed by 'ordinary' legislation which can be changed if necessary to deal with required changes, by ordinary passage of legislation.

An important read for all.

Big Ship

15 July 2022… (altro)