Democrats: 'Our worry is Labor's will'
Australian Democrats Senator JOHN WOODLEY spoke to Green Left Weekly's SAM WAINWRIGHT about the Democrats' response to the Native Title Amendment Bill.
Question: Will the Democrats be voting against the bill as a whole or proposing specific amendments?
We'll try amendments first because we've got a number of serious problems with the bill. If we can't get those amendments up, we'll have no option but to try to vote the bill down. We are reasonably confident of getting a number of the most important amendments up.
Question: What amendments might the ALP support?
We may do joint amendments with Labor and the Greens on things like the sunset clause, the upgrading of pastoral leases to freehold and the retention of a proper right to negotiate.
We want representative bodies such as the land councils properly resourced and given the ability to address a wider range of issues than they are currently able to. Duplicate claims over the same area by different Aboriginal groups could actually be sorted out within the representative body before they go to the court. We believe that Aboriginal people need to be able to negotiate an outcome.
Question: Are there any measures in the bill that you would pass?
Some of the bill can be fixed up, but our worry is how firm Labor's will is on this. If we can't amend the bill we'll try to get it defeated totally. The expanded taxation-based definition of pastoral activity is not acceptable.
We need a proper threshold test; even the Native Title Tribunal has said that. The National Indigenous Working Group (NIWG) has also said that the threshold test needs clearing up. I'm wary of tightening the threshold test, which then disadvantages native title holders, but if it is in line with what the NIWG says is necessary for them to operate effectively we'd look favourably at it.
Question: What about the validation of grants of land that have taken place since 1994?
It looks as though Labor is going to validate those. The Democrats believe that it is a very bad principle to reward people who deliberately flouted the law. They could have used the provisions of the 1993 legislation to have made those leases valid. They simply thumbed their noses at that and proceed to grant leases which are now not valid.
Question: Do you know what Labor's amendments will be?
Not at this stage. We're working through the NIWG's draft amendments. There are a number of positions that Labor is taking that the NIWG is not happy with.
We will try to pressure Labor to come closer to the NIWG. They've got a division within their ranks ... [some] would be prepared to go down the same track as the Democrats, but Kim Beazley and Gareth Evans are baulking at that. They're looking at the next election and calculating whether there's blue-collar votes involved.
Question: What is your reading of the general population's view? Is the tide turning in support of native title?
That's the feeling I have. People are just disgusted that once again Aboriginal people are going to be dudded. [The upsurge] has really put a lot of heat on Labor and the government.