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Constitutional lawyer Greg Craven furious after being quoted in Voice to Parliament No pamphlet - ABC News

One of the nation's most prominent constitutional lawyers is furious about being quoted in the official pamphlet for the Indigenous Voice to Parliament's No campaign, flagging he is likely to make a complaint to the electoral commission.

Greg Craven insisted he was "100 per cent committed" to the proposal to enshrine the advisory body in the constitution, despite some of his public statements querying the final question and proposed addition to the nation's founding document.

He has told the ABC's Afternoon Briefing that he made it abundantly clear he did not want his comments referenced by the No campaign, labelling the references as deeply untruthful.

"It really wasn't until the last week, and my wife and I are overseas, that it became apparent that it was highly likely there was going to be some reference [in the pamphlet]," he said.

"And at that point, I contacted Peter Dutton's office to express my general concerns about that, and I didn't get a reply.

"It was the world's longest text."

Professor Craven said he demanded context around his comments be included in the pamphlet.

"I have been saying consistently the same thing at different points in the referendum," he said.

"So for example, if you go and look at the constitutional committee … that was at a time when I was trying to get drafting changes to the Voice.

"That time has been over for some months, and we now resumed the real debate, which is on the constitutional desirability of the voice and for which I am 100 per cent in favour."

Acting Opposition Leader Sussan Ley was asked about Professor Craven's concerns, but avoided directly addressing the issue.

"Lots of different experts have made lots of different remarks about the Voice over periods of time, and rather than going into the detail of just one person and what they may or may not have said, I want Australians to consider our argument that the Voice is risky, uncertain, divisive, and most importantly, permanent," she said.

"A permanent change to our constitution that the Albanese government cannot explain.

"But ordinary Australians will look at this and they will decide."

Craven vows to campaign harder for Voice

Professor Craven promised to raise the issue with the Australian Electoral Commission, while also conceding it may not have much power to act.

"All that I can do is now campaign even harder and more determinedly for the Voice, which I will do," he said.

"Is it really a good idea for the No case to have some of their 'constitutional talent' repudiate their position and repudiate being used?

"I would hope not, but given that's the situation we're in, that's what I'll do."

Professor Craven dismissed suggestions he should have known his comments may be used by the No campaign, however nuanced they were and however much he believes the Voice proposal is legally sound.

"I'm not sure I was naive in the sense that when I uttered those words, that was a stage of the debate where we've moved briefly out of the desirability of the Voice into a technical legal discussion," he said.

"I'm perfectly happy to have technical legal discussions, but as a matter of duty as a constitutional lawyer, my first duty was to support something that I believed was just — I did that.

"My second duty was to try and get it drafted as well as I could — I did that.

"And once I lost on the drafting, what one naturally does is one reverts to the fundamental idea."

The co-chairs of the Uluru Dialogue, Professor Megan Davis and Pat Anderson, described the No pamphlet as "cooked".

"Sadly, the NO Pamphlet trots out the same tired and misleading arguments of a campaign determined to maintain a failed status quo that has always sold Australians short," they said in a statement.

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2023-07-18 06:27:32Z
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