Parliamentary Election Act silent on NL appointments
By Shamindra Ferdinando
Election Commission (EC) Chairman Mahinda Deshapriya yesterday (15) said that there was no deadline for a political party to fill its National List slots.
Deshapriya said that nothing could be done even if a particular political party refrained from filling its NL slots. Deshapriya said so when The Island inquired about two NL slots that remained vacant over two months after the last general election held on Aug 5.
A slot each has been allocated to the UNP and Our Power of People Party (OPPP). Responding to another query, Deshapriya pointed out that if a consensus couldn’t be reached as regards the filling of NL slots, the EC was helpless even if they remained vacant during the entire parliamentary term.
The EC consists of Deshapriya, Prof. Ratnajeevan Hoole and Nalin Abeysekera, PC.
Acknowledging that the Parliamentary Elections Act did not stipulate a time period for filling NL slots, Deshapriya regretted the situation. The 225-member parliament consists of 196 elected and 29 NL members.
Deshapriya said that though both the UNP and the OPPP members hadn’t been appointed yet, the circumstances regarding the failure on their part to fill the vacancies were quite different. The UNP hadn’t informed the EC yet of its choice whereas fighting among OPPP factions had ended up in court.
“In addition to the General Secretary of the party, a former General Secretary has submitted Chairman of the Party Saman Perera as their nominee. Now that matter is before court,” Deshapriya said.
OPPP sources told The Island that Ven Vediniyagama Wimalatissa thera, who had functioned as the Secretary of the party soon after the releasing of election results nominated himself as the OPPP NL member. Consequent to that move, a former Secretary of the party had nominated Chairman of the Party Saman Perera, who assured that he would take oaths and then quit the seat to pave the way for Ven. Galagodaatte Gnanasara to succeed him.
Fighting OPPP factions moved court in the wake of Attorney General Dappula de Livera, PC, advising the EC to accept the nomination made by the person who it considered the legitimate Secretary of the party.
UNP General Secretary Akila Viraj Kariyawasam yesterday told The Island that the party hadn’t decided on its nominee yet. Former minister and unsuccessful candidate at the last general election declined to comment whether the party would pick someone from its National List handed over to the EC along with party nomination lists or a defeated candidate.
The SLPP (17), SJB (7) and UNP, SLPP, OPPP, JJB, TNA and AITC shared one NL slot each.
Kariyawasam didn’t indicate whether the UNP would name its choice before the debate and the vote on the proposed 20th Amendment to the Constitution. The SLPP has repeatedly declared that it intended to secure parliamentary approval for the new piece of legislation before the presentation of 2021 budget next month.
Asked whether there had been previous instances of political parties delaying naming NL appointees, Deshapriya said that Colvin R. de Silva died a few days before taking his oath as a member of the newly formed United Socialist Alliance (USA) following 1989 general election. The party refrained from naming anyone until the handing over of the impeachment motion against the then President Ranasinghe Premadasa, Deshapriya said, adding that Raja Collure received the USA NL slot.
Deshapriya said that there had been problems in 1989 after LTTE ally EROS (Eelam Revolutionary Organization of Students) secured 13 seats, including one NL slot. They refrained from taking oaths and appointing an NL member, Deshapriya said.
Both Deshapriya and Kariyawasam said that though those appointed and nominated had to take oaths within three months there was no time frame in respect of nominating NL members.
Convenor of March 12 Movement and executive director of PAFFREL Rohana Hettiarachchi told The Island that the parliament should take tangible measures to amend/introduce laws to ensure that political parties did not pursue strategies inimical to the parliamentary system.
Hettiarachchi said that the parliament couldn’t absolve itself of the responsibility for the pathetic situation. He pointed out that in spite of the 1989 trouble over the USA not filling the NL slot, successive parliaments hadn’t addressed the issue.
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AG not bound by its recommendations, yet to receive report
PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
JVP picks holes in PCoI report
By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
TNA MP faults govt. for delay in answering questions, gets under Johnston’s skin
By Saman Indrajith
It did not matter whether the MPs were wearing pressed clothes or had travelled long distances when their questions were answered, Chief Government Whip Johnston Fernando told Parliament yesterday.
The Minister said so in response to a complaint by Batticaloa District TNA MP Shanikyan Rasamanikkam, who expressed his dismay for government taking time to answer a question raised by him.
MP Rasamanikkam has raised a question whether the Minister of Health is aware that the Dikkodai ospital, located in the Batticaloa district is not used for public purposes and the patients who visit the hospital for receiving services, face inconveniences, owing to that. On behalf of the Minister of Health, the Chief Government Whip and Minister asked for additional two weeks time.
MP Rasamanikkam: I come to parliament from Batticaloa, which is 422 km away. To attend Parliament we take great care including pressing our clothes. After taking so much trouble to come there braving the pandemic threat we do not get answers. There is a Health Minister and Acting Health Minister and neither of them is here. I saw Minister Dr Sudarshini Fernandopulle in the House this morning. She too has gone out. I travel more than 800 km. We could attend to many other problems. It is because the government does not give answers we are conducting protest marches, but when we do so we are hauled up before courts.
Chief Government Whip Minister Johnston Fernando: Every MP comes here wearing pressed clothes. But that has nothing to do with questions and answers here. I have been requested by the subject minister to ask for two weeks’ time. The MPs have a right to ask questions and in the same way the ministers have the right to ask for time. On the other hand, whether you cover 400 km to reach parliament does not matter. The majority of MPs travel 200 to 250 kilometers to come to Parliament. It is for that purpose they contest elections and get elected. Once elected the distance is not an issue you have to come to Parliament. The government has answered all your questions. This is the first time the Minister has asked for additional time. It is unfair for you to level charges. A more responsible conduct is expected of you as an upcoming political leader.