Radio personality Ben Fordham, a vocal sceptic of the Voice to parliament, has indulged in a scathing on-air critique outlining the Prime Minister’s “three biggest mistakes” on the proposed constitutional change.
Fordham unpacked Anthony Albanese’s perceived follies on Friday morning as the PM himself heads to Arnhem Land for the Garma festival, where the campaign arguably unofficially began a year ago.
According to Fordham on this 2GB breakfast program, Mr Albanese’s first mistake was announcing the draft words for a proposed constitutional change last year at Garma, in what Fordham labelled a “captain’s call”
At the July 2022 festival, the Prime Minister unveiled the draft question for the future referendum: “Do you support an alteration to the constitution that establishes an Aboriginal and Torres Strait Islander Voice?”.
“He got a big round of applause at the festival, but others were shocked because the PM had made a captain’s call,” Fordham lamented to his listeners.
Fordham cited legal experts who found Albanese’s announcement as problematic soon after it was made.
He also took aim at Albanese’s claims the Voice to parliament proposition would be “straightforward and simple”.
The question at this year’s referendum will now read: “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
“Do you approve this proposed alteration?”
According to Fordham, Albanese’s second mistake was attending Garma in 2022 to speak on the Voice without getting legal advice from the attorney general’s department beforehand.
At senate estimates later that year, Liberal Senator Paul Scarr asked the government if any legal advice into the draft referendum question was sought – to which the answer was no.
Labor Senator Murray Watt, representing the Attorney-General, said the question was not necessarily the “finished product” at the time.
“It’s important to recognise these are proposed words that have been put forward by the Prime Minister,” he replied.
“They’re not necessarily the finished product. We welcome discussion and contributions from all members of the public, and I’d encourage you to put your own suggestions forward.”
Senator Scarr said he was “gobsmacked” that the government did not consult with its legal counsel.
“Given the significance of the Prime Minister tabling an amendment to our Constitution would actually seek advice from the Attorney-General’s department with respect to the wording of the proposed amendment to the Constitution and the wording of the referendum question – I am absolutely staggered; I am gobsmacked to be frank,” he said.
Fordham’s final point was Albanese’s failure to heed Father Frank Brennan’s advice last year, who sent a warning letter to the PM outlining issues and advocating for a parliamentary committee.
“This would have maximised the chance of others being invested and included,” Fordham argued.
“By the time it was set up, Anthony Albanese had already locked in his set of words for the referendum.
“So the committee was a waste of time because the PM already made up his mind.”
A joint parliamentary inquiry that examined the constitution alteration bill eventually released its findings in May after a six-week inquiry and urged parliament to endorse Labor’s proposed Voice to parliament referendum wording.
Fordham claimed there were still disagreements within the Yes camp about how the Voice will manifest.
“The Attorney-General tried to strike a compromise over the wording, but he was rejected by Megan Davis and Noel Pearson,” he said.
“Some members of the yes camp have started calling people racist and red necks and chicken littles if they voice concerns.”
“Those three key mistakes allowed the rot to set in.”