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Speaker, Opposition Leader cross swords over special statements
By Saman Indrajith
Speaker Mahinda Yapa Abeywardena, on Saturday, asked Opposition Leader Sajith Premadasa to refrain from causing an affront to the dignity of Parliament. The Speaker said so when the latter attempted to make a special statement after the former denied permission.
The Speaker said that the Opposition Leader had once made a similar statement and raised very similar questions and the Minister of Health and other ministers from the government had responded to them, and therefore it could not be permitted in the House. “In addition the same matter has been raised in various forms in the form of oral questions and as adjournment debates. The most recent instance was on Nov 13 when a debate was held on the same matter and the ministers have responded in detail.”
Opposition Leader Premadasa:
“The Standing Order 36-O states that the same matter should not be raised again and again. I am not raising questions about COVID-19 but problems pertaining to lack of PCR machines and ventilators and antigen tests. I have never spoken about them here. So I have to state the ruling given by the Speaker is wrong. The Speaker deprives us of our right to speak. In addition the Speaker has limited the number of special statements we can make under the Standing Order 27-2 to two a week.”
Speaker Abeywardena:
“The questions raised by the Opposition leader pertaining to the COVID-19 vaccines were answered by Minister Channa Jayasumana. Apart from the similar questions raised by him were responded to on Friday by Minister Namal Rajapaksa. You are trying to disregard the process and procedure in the House. I cannot let you denigrate the dignity of the House.”
The Opposition Leader:
“The Speaker’s opinion is completely wrong. This could be checked with the Secretary General. This is limiting the freedom of speech in the House. Please allow me to make the statement.”
Leader of the House Minister Dinesh Gunawardena:
“The Opposition Leader should learn that a Speaker’s rule is not a matter for debate or questioning. The Speaker has given his ruling on the matter the Opposition Leader intended to raise. His actions cause the time of the House to be wasted. Therefore, I request the House should move on to the debate on the final day of the second reading of the budget 2021.”
The speaker announced that the House should commence its business for the day and Chief Government Whip Highways Minister Johnston Fernando got up to move the House for the debate on budget proposals.
SJB Kurunegala District MP Nalin Bandara, raising a point of order, said the Opposition Leader had attempted to make a statement on a new issue. There could be many problems raised on the COVID-19 pandemic. Not only Minister Namal Rajapaksa, many other MPs in the House have paid their attention to the problem but the problem was yet to be addressed. This is an issue of national importance. If the Speaker would not allow this, it would set a wrong precedence.
SJB Ratnapura District MP Hesha Withanage:
“The number of questions for the backbenchers has been limited. The live telecast of parliamentary proceedings too has been limited purportedly for technical issues. The government has submitted a few questions while the Opposition MPs have submitted over 400 questions to be raised at the time allocated for the Oral Questions session. The number of questions per a day was 15 and now it has been brought down to eight. Today, there is no question time.”
Speaker Abeywardena:
“
Today is Saturday and it has been agreed not to allow questions on Saturday to give more time to the MPs to speak in the debate.”
Badulla District SJB MP Chaminda Wijesiri: “
We agree with the rulings of the Speaker. There is no argument about it. But the Speaker is a senior politician and former senior minister. I hope he will consider the matter that the Opposition MPs have raised over 400 questions on behalf of their electorates and allow more time to raise those questions. The Opposition Leader’s statement too is on a matter of urgent national importance, and we hope that it would be allowed.
Opposition Leader Premadasa:
“I have not raised questions pertaining to rapid antigen tests or antibody tests or injections against the virus.”
Speaker Abeywardena:
“How many times have you raised these issues in this House?”
Opposition Leader Premadasa:
“The Speaker prevents us from raising questions because the government has no answers. The speaker is making use of his power to cover the government’s inability.”
Speaker Abeywardena said that the government’s ability or inability did not concern him.
Opposition Leader Premadasa:
“The Opposition Leader has a right to raise questions.”
Speaker Abeyewardena: “
That right is ensured.”
Opposition Leader Premadasa: “
When would I be able to make a special statement again?”
Speaker Abeywardena:
“You will be given time next Wednesday provided that your statement does not mislead the House.”
Galle District SJB MP Manusha Nanayakkara:
“I demand to know whether the question raised by the Opposition leader is not legal or the government has already decided that people do not need to know the rapid antigen test and antibody treatment because a certain group has already obtained them.”
Leader of the House Foreign Minister Dinesh Gunawardena: “
I request the Opposition Leader and his team of MPs not to disrupt the procedure of the House and respect the Chair. We regret their attempts to disrupt the process of parliament. Today, is the last day of the second reading debate. The Speaker has given a ruling on the matter and it cannot be questioned. The MPs should behave in the House responsibly. We act here in accordance with the agreement reached at the party leaders’ meeting. If the Opposition MPs have not been informed of those agreements then it is a problem of their leaders who attended the party leaders’ meeting.
Chief Government Whip Highways Minister Johnston Fernando: “
No limit has been imposed on the questions. The number of questions has been reduced only during the budget debate and that has been done as per the request of party leaders to allocate more time for the speeches of all MPs. They wanted to give time to each MP to speak in the debate. It was agreed by all party leaders. The Chief Opposition Whip Lakshman Kiriella is well aware of this agreement. It is not a problem for the government whether the opposition has raised 400 or more than that number of questions.
SJB MP Ranjith Maddumabandara:
The Speaker is a senior MP. He should not be swayed by his party politics or his personal opinions but give the rulings in accordance with the Standing Orders.
Speaker Abeywardena said that he had already given a ruling on the matter and had no intention of changing it.
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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.
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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.
