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Attorney General under fire for failure to study Online Safety Bill properly

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Jayampathy Wickramaratne

The Attorney General’s Department had not studied the Online Safety Bill properly when it was first gazetted, President’s Counsel Dr Jayampathy Wickramaratne has said.

The government first gazetted the Bill on 15 September 2023.

“Then, we went to the Supreme Court against it and at the court the Attorney General’s Department officials said they would present over 30 amendments to the Bill. The Constitution says that when a Bill is presented, the Attorney General must attest that it is not against the Constitution. So, it appears that the Attorney General has not properly studied the Bill.”

Dr. Wickramaratne added that sources within the government told him that the Bill had been drafted by the Ministry of Media but presented by the Ministry of Justice. He mentioned that on many occasions, the government had agreed before the Supreme Court to amend Bills that were approved by the Cabinet.

“We are given these amendments by the court itself. The whole purpose of gazetting these Bills is for the people to read and understand. These amendments at the court undermines the whole point of gazetting a Bill.”

“The parliamentary debate about the Online Safety Bill was limited to two days, and it is obvious that the government wants to pass the Bill immediately,” he added.

“This will have a devastating impact on the freedom of expression of the people. This is the consensus of most. Even liking a Facebook post is expressing an opinion. Given how broad the definitions of this Act are, people can be hounded for even liking a post that the government doesn’t like.”

Wickramaratne said that most of the public discourse now takes place on the Internet. People used social media and WhatsApp groups to share ideas and disseminate information.

“Two elections are coming up soon, and a lot of debates and campaigns will take place online. We fear that the acts are election-targeted. Other countries take years before such bills are passed.”

The government also wants to suppress people’s objections to its economic policies, he said.

Dr. Wickramaratne mentioned that the judiciary does not have the power to review Bills that are passed. In the first Constitution of independent Sri Lanka, people could challenge Bills once it became obvious that these Bills had scary implications.

“If we could go to court against the Online Safety Bill once it’s passed, the situation wouldn’t be as grave. As it is, even if the Supreme Court understands the gravity of the Bill, there is nothing the judiciary can do about it because we can’t go before the court.”

Wickramaratne said the Anti-Terrorism Bill, too ,will be debated soon. There is a lot of criticism towards this act, too. These are Bills that should be debated in depth, and it’s better if they are passed with the consensus of the opposition.

“The Anti-Terrorism Bill was first presented in March 2023, and there was a lot of opposition. The government withdrew the Bill but presented a new draft in September 2023. There was a lot of opposition to that, too. The government then promised to address the concerns raised by local and international parties. We expected the government to issue a gazette with a new draft. But nothing of that nature took place. The Minister of Justice presented to Parliament the same Bill he presented in September 2023. The Minister said he has come up with a new definition for terrorism, but that’s not in the Bill he presented a few weeks ago.”

Dr Wickramaratne said when the Anti-Terrorism Bill was challenged in the Supreme Court, the Attorney General might present amendments at that stage. “No one has any clue as to what amendments the government will bring,” he said.



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Harsha flays govt. over plan to pass coal, Treasury losses to public

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Harsha de Silva

Chairman of the Public Finance Committee Dr. Harsha de Silva, MP, yesterday (31) said that the National People’s Power (NPP) government was going ahead with a controversial move to pass on the massive losses caused by the coal scam to the public. The government also intended to recover USD 2.5 (approximately Rs 800 mn) lost by the Treasury from the people by introducing an amendment to the Budget, the Opposition lawmaker alleged.

Dr de Silva said that the government had been compelled to increase the supply of diesel for the oil-fired power plants to meet the Norochcholai generation shortfall due to the use of substandard coal.

Responding to The Island queries, the former State Minister said that regardless of repeated assurances that electricity consumers wouldn’t be burdened for the lapse on their part, the government, in writing, has assured the International Monetary Fund (IMF) to recover the losses from the public. This came to light after the IMF released the Letter of Intent submitted by the government following the completion of the combined Fifth and Sixth Reviews under the Extended Fund Facility (EFF) programme to receive USD 695 mn.

Commenting on the specific assurance as regards the upward revision of fuel prices and electricity tariffs, MP de Silva pointed out the government’s assurance of its commitment to cost-recovery pricing for fuel and electricity meant that subsidies provided to ease the burden on households and businesses would remain within budgeted limits and be phased out by the end of September 2026.

Welcoming the USD 695 mn IMF loan, MP de Silva said that in terms of the agreement between the government and the IMF, the relief would end once Rs 100 bn allocated to provide relief was spent on subsidies on fuel (Rs 57 bn), electricity (Rs 15 bn) and the rest on ‘Aswesuma’ social welfare scheme and fertiliser.

MP de Silva said that the crisis should be examined taking into consideration that Sri Lanka paid very high prices to procure fuel in the wake of the continuing turmoil in West Asia. He noted that having perpetrated a coal scam the government could not under any circumstances absolve itself of responsibility for the skyrocketing electricity tariffs.

Commenting on the Sri Lanka-IMF agreement, lawmaker de Silva lambasted the government for utterly chaotic and poor management of the economy. Severe criticism was directed at the government over the rapid depreciation of the rupee against the USD and the NPP’s pathetic performance. Amidst speculation that De Silva may switch allegiance to the NPP, the MP also posted a video in which he flayed the government alleging the NPP couldn’t take forward measures taken by former President Ranil Wickremesinghe.

MP de Silva explained how the people would end paying for the theft of USD 2.5 by way of an amendment to the Budget. The MP told The Island that assurance meant that the government acknowledged that there was no hope of recovering USD 2.5 mn though they talked of investigations and progress being made. De Silva called for a combined Opposition effort to pressure the government to act responsibly in the face of growing challenges.

The government couldn’t lie as the relevant IMF report and the government letter of intent were in the public domain, Dr de Silva said.

by Shamindra Ferdinando

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PM opens Vesak pandals

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The PM opening a Vesak pandal

Two Vesak pandals erected in the Colombo area to mark Vesak Poya were ceremonially opened under the patronage of Prime Minister Dr. Harini Amarasuriya.

The Prime Minister first opened a pandal depicting the Sambula Jataka, constructed by the Sri Vaishakya Society of the Borella Magazine United Traders’ Association. She subsequently attended the opening of another pandal at the Grandpass Kosgas Junction, which portrays the Samudra Vanija Jataka tale, and ceremonially inaugurated it by lighting a traditional coconut-oil lamp.

The event was attended by members of the Maha Sangha, clergy of other faiths, Members of Parliament Dr. Najith Indika, Attorney-at-Law Lakmali Hemachandra and Dilith Jayaweera, Deputy Inspector General of Police Nihal Thalduwa, former Member of Parliament Thilanga Sumathipala, and President of the Magazine United Traders’ Association Palitha Herath, among others.

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UNP challenges NPP move to amend Vihara – Devalagam Act

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The UNP yesterday said that the government did not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary had the power to interpret the Dharma, it added. The power to pass laws on disciplining the clergy had been granted to Parliament in terms of Article 105 of the Constitution, the UNP said, emphasising that the ultimate powers lay with the committees of the respective sects.

The UNP said so in response to President Anura Kumara Dissanayake’s recent speech that a concept paper had been submitted for amending the Vihara – Devalagam Act and the Cabinet had approved it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he discussed the matter with the Buddhist MPs in the Opposition.

Excerpts of the statement issued by former President Ranil Wickremesinghe’s Office: ” President Anura Kumara Dissanayake has recently publicly agreed to a call to take the same measures as previous kings in cases where the Buddhist religion is distorted under the guise of Dhamma.

Over our history we have seen some kings kill the Sangha during their reigns. The JVP also killed the Sangha in the same way during the years 1987-89.Kotikawatte Saddhatissa, Weltota Pangnadassi, Beligalle Mahinda, Kumbagoda Gnanaloka, Athurugiriya Pangnatissa, Soragune Pangnasara, Pelpola Dharmapala, Kandy Dhammarakkhitha and many other monks are included in the list of the JVP’s assassinations.

Apart from shedding the blood of the Buddha, the greatest sin that Buddhists can commit is the killing of the Sangha.  The JVP has not apologised for the killings. Is it moral for the President to accept this invitation without first taking this step?

In addition to killing the Sangha, the JVP also looted valuable historical items from the monasteries and temples.

The JVP has never accepted that Buddhism should be given priority politically. The JVP has always acted against Buddhism.

A major question that arises from this is whether the JVP, which has a history of killing monks, can do such a thing after taking power. What is the hidden motive here?

Mr. J. R. Jayewardene took steps to include a separate chapter in the 1978 Constitution to take necessary measures for monks who behave undisciplined and engage in crimes.  Provisions were made for the establishment of a Sangha Court to decide on the discipline of monks.

What did the NPP government done during the Sinhala and Tamil New Year? It disrupted all the auspicious signs. While the whole world was celebrating Vesak Poya on May 1st, the Vesak Poya day in Sri Lanka was postponed to a later date in order to hold political rallies.

There is no objection to taking action against unruly monks. But there is a procedure for how to discipline monks. Cabinet papers related to this should be prepared and presented to the Maha Sangha led by the Mahanayaka Theros and then a decision should be taken. Everything should be carried forward according to the existing tradition in the country.

The President has also expressed his views on taking monks to court. He has expressed such views without understanding the tradition. Taking wrong-doing monks to court in their robes is not something that only happened yesterday. Thalduwe Somarama and Mapitigama Buddharakkhita were presented to court wearing their robes for the assassination of Mr. Bandaranaike and later their robes were removed. This is not limited to monks. Father Mathew Peiris first came to court for legal proceedings wearing his robe. Accordingly, the monks who are currently acting in an undisciplined manner must also follow the same procedure that was implemented earlier.

The President mentioned in his speech that a concept paper was submitted for amending the Vihara – Devalagam Act and the Cabinet agreed to it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he had discussed this matter with the opposition Buddhist parliamentarians. This work has all been done only by the government without any consultation.

The government does not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary have the power to interpret the Dharma. The power to pass laws on disciplining the clergy has been given to Parliament under Article 105 of the Constitution. However, the final powers lie with the committees of the respective sects. At present, this work has been done by the cabinet, officials and a handful of monks of a government that does not accept Buddhism.

The temples with the most assets and properties today are in the monasteries and temples that fall under the Vihara – Devalaya Village Act.  It is no secret that the Janatha Vimukthi Peramuna (JVP) is taking the position that these temples should be taken under government control. There is a strong suspicion that the Dharma Court is being created for this purpose.

An organized program to destroy Buddhism is being implemented today through government-affiliated social media. A section of civil society is also involved in it. What is always happening today is the marginalization of the Buddhist monastic-lay opinion.In the President’s speech, a reference was also made to the holding of the World Buddhist Congress in this country under the current government.

Such a situation is also indicated in the Vasala Sutta.

“Na jaccha vasalo hoti,

Na jaccha hoti brahmano;

Kammana vasalo hoti,

Kammana hoti brahmano”

Its Sinhala meaning is as follows.

“One is not a householder by birth.Nor is one a Brahmin by birth.One becomes a householder or a Brahmin by one’s actions.”

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