Prominent no campaigner and independent senator Lidia Thorpe says the Voice should still be legislated if the referendum fails.

Thorpe has been a figurehead for the black sovereign movement and has been a staunch opponent of a constitutionally-enshrined voice to parliament.

Anthony Albanese has said this week he would abandon the voice proposal if it is voted down at the referendum this weekend.

But speaking to the ABC’s Patricia Karvelas on Thursday, Senator Thorpe said that was a ‘weak’ response from the prime minister.