Angus Taylor (Hume, Liberal Party, Minister for Law Enforcement and Cybersecurity) Share this | Link to this | Hansard source

by leave—I move:

That:

(1) a Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples be established to inquire into and report on matters relating to constitutional change, and in conducting the inquiry, the committee:

(a) consider the recommendations of the Referendum Council (2017), the Uluru Statement from the Heart (2017), the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (2015), and the Expert Panel on Constitutional Recognition of Indigenous Australians (2012);

(b) examine the methods by which Aboriginal and Torres Strait Islander people are currently consulted and engaged on policies and legislation which affects them, and consider if, and how, self-determination can be advanced, in a way that leads to greater local decision making, economic advancement and improved social outcomes;

(c) recommend options for constitutional change and any potential complementary legislative measures which meet the expectations of Aboriginal and Torres Strait Islander Peoples and which will secure cross party parliamentary support and the support of the Australian people;

(d) ensure that any recommended options are consistent with the four criteria of referendum success set out in the Final Report of the Expert Panel on Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution:

  (i) contribute to a more unified and reconciled nation;

  (ii) be of benefit to and accord with the wishes of Aboriginal and Torres Strait Islander peoples;

  (iii) be capable of being supported by an overwhelming majority of Australians from across the political and social spectrums; and

  (iv) be technically and legally sound;

(e) engage with key stakeholders, including Aboriginal and Torres Strait Islander peoples and organisations; and

(f) advise on the possible steps that could be taken to ensure the referendum has the best possible chance of success, including proposals for a constitutional convention or other mechanism for raising awareness in the broader community;

(2) the committee present to Parliament an interim report on or before 30 July 2018 and its final report on or before 29 November 2018;

(3) the committee consist of eleven members, three Members of the House of Representatives to be nominated by the Government Whip or Whips, two Members of the House of Representatives to be nominated by the Opposition Whip or Whips, one Member of the House of Representatives to be nominated by any minority group or independent Member, two Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or independent Senator;

(4) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;

(5) the members of the committee hold office as a joint select committee until presentation of the committee's final report or until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;

(6) the committee elect two of its members to be joint chairs, one being a Senator or Member, who is a member of the Government party and one being a Senator or Member, who is a member of the non-Government parties, provided that the joint chairs may not be members of the same House:

(7) the joint chair, nominated by the Government parties shall chair the first meeting of the committee, and the joint chair nominated by the non-Government parties shall chair the second meeting of the committee, and subsequent committee meetings shall be chaired by the joint chairs on an alternating basis;

(8) a joint chair shall take the chair whenever the other joint chair is not present;

(9) each of the joint chairs shall have a deliberative vote only, regardless of who is chairing the meeting;

(10) three members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(11) the committee:

(a) have power to appoint subcommittees consisting of three or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine; and

(b) appoint the chair of each subcommittee who shall have a deliberative vote only;

(12) each subcommittee shall have at least one Government member of either House and one non-Government member of either House;

(13) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee, the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;

(14) two members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(15) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;

(16) the committee or any subcommittee have power to:

(a) call for witnesses to attend and for documents to be produced;

(b) conduct proceedings at any place it sees fit;

(c) sit in public or in private;

(d) report from time to time, in order to progress constitutional recognition of Aboriginal and Torres Strait Islander peoples; and

(e) adjourn from time to time and sit during any adjournment of the House of Representatives and the Senate;

(17) the committee or any subcommittee have power to consider and make use of the evidence and records of the former Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples appointed during the 44th Parliament;

(18) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders; and

(19) a message be sent to the Senate acquainting it of this resolution and requesting that it concur.

Linda Burney (Barton, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

I welcome this motion. This committee will provide us with an opportunity to come together in a spirit of bipartisanship and with the goodwill to constructively realise the aspirations of First Nations peoples outlined in the Uluru statement. It is clear that the First Nations people want a greater say, involvement and participation in the decisions that affect them. I particularly welcome the terms of reference and recognise that the committee will be established with co-chairs—one from the government and one from the opposition. We on this side of the House anticipate that Senator Dodson will be one of the co-chairs.

The establishment of this joint select committee is very important for this parliament. It recognises that there will be consideration of the outcomes of the Referendum Council and the Uluru Statement from the Heart. It also recognises that we will be looking at things like the Expert Panel on Constitutional Recognition for Indigenous Australians.

It is important that the work of this committee has legitimacy in the Aboriginal community. Let me tell you the expectations are very high. There is great scepticism in the community about the way in which the issues of the Uluru statement have been handled, but this committee, among other things, will be able to examine that in the way in which it needs to be examined. This committee will be made up in the way in which these committees are constructed—members of the government, members of the opposition and two members of the crossbenches. The terms of reference will engage key stakeholders, both first nations peoples and other organisations, plus individuals. That's a very important place for this to be. The committee will advise this parliament on possible steps towards referendum and the chances of success. It will also have strict reporting dates, which will become evident as the work of the committee goes on. The committee will travel to communities, as well as engage, as I said, with key stakeholders from both the Aboriginal and the non-Aboriginal community.

Can I also say that the most important thing about this is that the outcomes of this committee must have broad community support. That support will be gained by the committee conducting itself in the appropriate manner, by making sure that we reflect honestly and clearly the aspirations of first nations people and, of course, the aspirations of the broader community when it comes to this particularly important topic. The issue of constitutional recognition is something that has been the aspiration of first peoples for a very long time. But I say clearly that it is also important not just for first peoples—it's important for the broader community as well. It's important for us as a nation to realise the truth of this country's history and also, as I said, to realise the aspirations of first nations people.

The committee will be beginning its work very quickly, and we anticipate that a similar motion to this will be moved in the other place as soon as is practical. Once that happens, we would be anticipating that the co-chairs of this committee would meet and work through the body of work that needs to be undertaken. I do not underestimate the amount of work that this committee will have to undertake, and I do not underestimate the complexity of this task. But the complexity of this task is something that we as members of parliament will take on board. As I say, the outcomes have to be extremely legitimate within the Aboriginal community.

This committee will also have the power to appoint subcommittees and make sure that those subcommittees are appointed in the way in which the terms of reference anticipate. Can I also say that the committee will have the power to call witnesses to attend and for documents to be produced, to conduct proceedings at any place it sees fit, to sit in public and in private, and to report from time to time in order to progress constitutional recognition of Aboriginal and Torres Strait Islander people. The committee is a joint committee, which is incredibly important, which means that all of us in this place will have a say in relation to how it operates, where it will operate, what it will examine and what its outcomes will be.

Angus Taylor (Hume, Liberal Party, Minister for Law Enforcement and Cybersecurity) Share this | Link to this | Hansard source

The Referendum Council's call to amend the Constitution to provide for a national Indigenous representative assembly to constitute a voice to parliament was not something the government could support. We note those opposite do support such a change, and they're free to make their case to the Australian people. After a very careful consideration, the government doesn't believe such an addition to our national representative institutions is either desirable or capable of winning acceptance in a referendum.

Our democracy is built on the foundation of all Australian citizens having equal civic rights—all being able to vote for, stand for and serve in either of the two chambers of our national parliament, the House of Representatives and the Senate. A constitutionally enshrined additional representative assembly which only Indigenous Australians could vote for or serve in is inconsistent with this fundamental principle.

Today, we seek that a Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples be established to inquire into and report on matters relating to constitutional change. We hope this parliamentary process will look for where there may still be common ground between the government and the opposition when it comes to constitutional recognition, and if that common ground accords with the rest of the Australian population. As the government has previously stated, we believe the challenge remains to find a constitutional amendment which will succeed and which does not undermine the universal principles of unity, equality and one person, one vote.

We've listened to the arguments put forward by proponents of the voice and both understand and recognise the desire for Aboriginal and Torres Strait Islanders to have a greater say in their own affairs. We acknowledge the values and the aspirations which lie at the heart of the Uluru statement. People who ask for a voice feel voiceless or feel like they're not being heard. We remain committed to finding effective ways to develop stronger local voices and empowerment of local people. Our work on empowered communities is a good example of our commitment to a place based approach to empowerment. We think it's important to examine the methods by which Aboriginal and Torres Strait Islander peoples are currently consulted and engaged on policies and legislation which affects them, and have asked the committee to consider if and how self-determination can be advanced in a way that leads to greater local decision-making, economic advancement and improved social outcomes.

I want to reiterate the government's firm commitment to recognise that Aboriginal and Torres Strait Islander Australians have cared for this country for 65,000 years. We support constitutional recognition that can unite our nation, and we remain committed to finding a way forward, despite being given a 'take it or leave it' ultimatum from the Referendum Council.

Question agreed to.