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Constitutional Reforms: (Dr) Jayampathy Wickramaratne, sets the record straight
Former Member of the Cabinet sub Committee appointed to oversee the Nineteenth Amendment process (Dr) Jayampathy Wickramaratne, PC has issued a press release clarifying a statement made by President Ranil Wickremesinghe at the opening of the new court complex in Galle on Friday [19].
(Dr) Jayampathy Wickramaratne’s statement in full as received:
“The President stated in Galle on 19 July 2024 that not reducing the upper limit of the term of the President and Parliament from six to five years while preparing the Nineteenth Amendment to the Constitution was a lapse on my part due to my inexperience. I wish to set the record straight.
Presidential candidate Maithripala Sirisena signed a memorandum of understanding with a group of 49 political parties and organisations headed by the Venerable Maduluwawe Sobitha Nayaka Thero at Viharamaha Devi Park, in which he pledged to abolish the Executive Presidency altogether. However, the very next day, he signed another MOU with the Jathika Hela Urumaya, in which he pledged not to make any constitutional change requiring a Referendum. Mr Sirisena’s election manifesto also stated that no constitutional reform necessitating a Referendum would be initiated.
Soon after being sworn in, President Sirisena appointed Mr Ranil Wickremesinghe as Prime Minister. Constitutional affairs was Gazetted as a subject under Prime Minister Wickremesinghe. A Cabinet sub-committee headed by Premier Wickremesinghe was appointed to oversee the Nineteenth Amendment process. The five-member team that prepared the initial draft comprised three retired officials who had served in very senior positions in the Legal Draftsman’s Department, myself and another lawyer. The entire drafting process was carried out on the basis that the Bill should not be placed for approval at a referendum, in keeping with President Sirisena’s electoral pledge. While the terms of the President and Parliament were proposed to be reduced from six to five years, the upper limit of six years was not touched as that would require a Referendum. Article 83 of the Constitution mandates that a Bill that seeks to amend or is inconsistent with particular Articles listed or the said upper limits would be required to be passed by a two-thirds majority in Parliament and approved by the People at a Referendum. It is essential to note that Article 83 itself is included in the list of provisions requiring a Referendum.
The several drafts prepared were all shared and discussed with the Cabinet sub-committee. The draft finally approved by the Cabinet sub-committee was then sent to the Legal Draftsman, who took over as required by law and made some changes. It was then sent to the Attorney-General, who took the view that certain clauses, especially some that reduced the powers of the President, would require a Referendum. Prime Minister Wickremesinghe had several meetings with the Attorney General to discuss the matter. I participated in one such meeting. Several changes had to be made to the Bill because of the Attorney-General’s position.
Prime Minister Wickremesinghe presented the Bill to Parliament. When it was challenged in the Supreme Court, the Attorney-General argued on behalf of the Government that no provision required a Referendum. The clauses that the Supreme Court held to require a Referendum were either amended or withdrawn in Parliament.
In light of the above, I regret that President Wickremesinghe has thought it fit to place the entire blame on me for not reducing the upper limits of the President’s and Parliament’s terms. I reiterate that the entire amendment process was based on avoiding a Referendum following President Sirisena’s pledge at the Presidential election.”
(Dr) Jayampathy Wickramaratne, Presidents Counsel
20 July 2024.
Latest News
Implementation of the National Fisheries and Aquaculture Policy
The drafting of the National Fisheries and Aquaculture Policy has commenced with the objective of equitable distribution of the benefits of the fisheries industry and the sustainable management of fisheries and aquaculture. This policy has been updated from time to time according to current requirements. However, steps have not been taken to obtain the approval of the Cabinet of Ministers for that purpose.
According to the policy declaration of the present government, ‘Vistas of Prosperity and Splendor’ the National Fisheries and Aquaculture Policy has been redrafted, updating the aforementioned policy in line with the economic and development objectives of the government.
The recommendations of the Department of National Planning have been received for the drafted policy.
Accordingly, the Cabinet of Ministers has approved the proposal presented by the Minister of Fisheries, Aquaculture, and Marine
Resources to implement the National Fisheries and Aquaculture Policy, integrating it with other relevant policies.
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Australia great Alyssa Healy to retire from cricket
Australia captain Alyssa Healy will retire from all forms of cricket following the upcoming series against India.
The 35-year-old wicket-keeper has more than 7,000 runs and 275 dismissals to her name in all formats of the game and led Australia to a historic 16-0 whitewash of England 8n the Ashes in 2025.
She has won the World Cup twice, with the highest individual score of 170 in a World Cup final coming against England in 2022, and the T20 World Cup on six occasions.
Healy said: “I’m still passionate about playing for Australia, but I’ve somewhat lost that competitive edge that’s kept me driven since the start, so the time feels right to call it a day.
“I’ll genuinely miss my team-mates, singing the team song and walking out to open the batting for Australia. Representing my country has been an incredible honour and I’m grateful for one last series in the green and gold.”
Healy is married to Australia fast bowler Mitchell Starc and is the niece of another Australian great in wicket keeper Ian Healy. She also already has a successful broadcasting career as a pundit and commentator.
Todd Greenberg, Cricket Australia CEO said: “Alyssa is one of the all-time greats of the game and has made an immeasurable contribution both on and off the field over her 15-year career.
“We look forward to celebrating her achievements throughout the series against India.”
Australia host India in a Test match, three one-day internationals and three T20 matches in February and March
(BBC Sports)
Foreign News
Meta blocks 550,000 accounts under Australia’s social media ban
About 550,000 accounts were blocked by Meta during the first days of Australia’s landmark social media ban for kids.
In December, a new law began requiring that the world’s most popular social media sites – including Instagram and Facebook – stop Australians aged under 16 from having accounts on their platforms.
The ban, which is being watched closely around the world, was justified by campaigners and the government as necessary to protect children from harmful content and algorithms.
Companies including Meta have said they agree more is needed to keep young people safe online. However they continue to argue for other measures, with some experts raising similar concerns.
“We call on the Australian government to engage with industry constructively to find a better way forward, such as incentivising all of industry to raise the standard in providing safe, privacy-preserving, age appropriate experiences online, instead of blanket bans,” Meta said in a blog update.
The company said it blocked 330,639 accounts on Instagram, 173,497 on Facebook, and 39,916 on Threads during it’s first week of compliance with the new law.
They again put the argument that age verification should happen at an app store level – something they suggested lowers the burden of compliance on both regulators and the apps themselves – and that exemptions for parental approval should be created.
“This is the only way to guarantee consistent, industry-wide protections for young people, no matter which apps they use, and to avoid the whack-a-mole effect of catching up with new apps that teens will migrate to in order to circumvent the social media ban law.”
Various governments, from the US state of Florida to the European Union, have been experimenting with limiting children’s use of social media. But, along with a higher age limit of 16, Australia is the first jurisdiction to deny an exemption for parental approval in a policy like this – making its laws the world’s strictest.
The policy is wildly popular with parents and envied by world leader, with the Tories this week pledging to follow suit if they win power at the next election, due before 2029.
However some experts have raised concerns that Australian kids can circumvent the ban with relative ease – either by tricking the technology that’s performing the age checks, or by finding other, potentially less safe, places on the net to gather.
And backed by some mental health advocates, many children have argued it robs young people of connection – particularly those from LGBTQ+, neurodivergent or rural communities – and will leave them less equipped to tackle the realities of life on the web.
(BBC)
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