News
Ex-COPE Chairman alleges executive intervention in House committees
… warns of move to bring public finance under President’s thumb
By Shamindra Ferdinando
Dissident SLPP MP Prof. Charitha Herath says that President Ranil Wickremesinghe has interfered with the functioning of parliamentary committees in violation of Standing Order No 111.
The former Chairman of the Committee on Public Enterprises (COPE) warns of dire consequences of what he called the President’s high-handed action.
The unprecedented intervention made by the executive in the legislature should be examined against the backdrop of President Ranil Wickremesinghe continuing to hold the vital Finance portfolio, Prof. Herath said. “In other words, the most vital parliamentary responsibility is in the hands of a person who does not represent Parliament.”
Prof. Herath said so commenting on recent written instructions issued by Presidential Secretary, Saman Ekanayake, to Secretaries to the Ministries, who functioned as the Chief Accounting Officers. The action couldn’t be justified on the basis that Speaker Mahinda Yapa Abeywardena and Secretary General of Parliament, Kushani Rohanadeera, have been informed of the issuance of instructions to Ministry Secretaries. These instructions pertained to three watchdog committees, COPE, COPA (Committee of Public Accounts) and COPF (Committee of Public Finance) and all Sectoral Oversight Committees.
Prof. Herath emphasised that the executive should not be allowed to interfere in parliamentary committees, under any circumstances.
The controversial declaration that the participation of Ministry Secretaries would be subject to the approval of relevant ministers and prior consultations between the Chairman of committees and the ministers regarding the subject matter before the actual proceedings could simply make the entire process ineffective, Herath, who is a one-time Media Ministry Secretary, told The Island.
Pointing out that Cabinet ministers exercised executive powers in Parliament, the academic said that Speaker Abeywardena in consultation with leaders of political parties should address this issue or face the consequences.
The Parliament definitely owed an explanation to the public in this regard, Prof. Herath said, adding if Parliament meekly accepted the presidential intervention, the committee system could collapse.
Prof. Herath represents Nidahasa Janatha Sabhama, a constituent of Uthara Lanka Sabhagaya. Alleging that the move was transparently meant to bring parliamentary committees under President Wickremesinghe’s thumb, Prof. Herath urged the executive, legislature and judiciary to take advantage of the proceedings therein to restore public confidence in public finance.
Prof. Herath said that he was quite astonished that the executive ordered that participation of the Finance Ministry officials in committee proceedings should be subjected to the Finance Secretary’s approval. The lawmaker found fault with both print and electronic media for their reportage. In the absence of proper understanding of the latest development, the media focused on the Secretary to the President issuing instructions to Ministry Secretaries, the MP said. Instead, the media should have examined far reaching consequences of such a directive at a time the country was experiencing a deepening economic-political-social crisis.
Prof. Herath said that he had raised the issue of executive intervention when he participated in the debate on Carriage by Air (Amendment) Bill – Second Reading (Hon. Minister of Ports, Shipping and Aviation) last Friday (07) along with several other contentious issues such as the urgent need to restructure SriLankan Airlines and the despicable move to private profit-making public enterprises.
Prof. Herath dealt with the intervention made by the Secretary to the President and the appointment of a Parliamentary Select Committee (PSC) to investigate causes for financial bankruptcy. The executive intervention coincided with the setting up of a PSC, the ex-COPE head said. Declaring that he had absolutely no issue with any of the members picked for the PSC, Prof. Herath questioned the eligibility of some of the members.
The Speaker last Thursday (06) announced the following MPs to the PSC. SLPP General Secretary Sagara Kariyawasam, Pavitradevi Wanniarachchi SLPP), D.V. Chanaka (SLPP), Vijitha Herath (JVP), Mahindananda Aluthgamage (SLPP), Eran Wickremaratne (SJB), Ashok Abeyseinghe (SJB), Jayantha Kategoda (SLPP), Harshana Rajakaruna (SJB), Pradeep Udugoda (SLPP), Sanjeewa Edirimanna (SLPP), Nalaka Bandara Kottegoda (SLPP), Shanniyakan Rasamanikkam (TNA) and Prof. Ranjith Bnadara (SLL).
Prof. Herath questioned the failure on the part of the party leaders to choose him for the PSC. Underscoring the importance of establishing the circumstances leading to the declaration of bankruptcy in April 2022, the MP urged the PSC to take into consideration the Special Audit Report on financial management and public debt control in Sri Lanka 2018-2022.
Prof. Herath emphasized that about a week before the then President Gotabaya Rajapaksa quit office, the COPE under his chairmanship decided to have special committee meetings on the entire gamut of issues over a period of four days beginning July 19, 2022. But in the wake of President Gotabaya Rajapaksa’s ouster, the situation changed overnight and Ranil Wickremesinghe elected by the SLPP as President to complete the remainder of his predecessor’s five-year term prorogued Parliament to cause the automatic dissolution of all committees, MP Herath said.
When COPE was reconvened Prof. Herath was not at least accommodated in the watchdog committee.
Prof. Herath stressed that the COPE just over a year ago called for the establishment of a Special PSC to investigate the economic fallout. But the PSC set up by Speaker Abeywardena didn’t meet expectations of those who expected a genuine effort to identify shortcomings, blunders and negligence at every level, lawmaker Herath said.
During last Friday’s debate, MP Herath said that the proposed investigation should study the yahapalana period (2015-2019) and the period thereafter. The leasing of Hambantota port for a period of 99-years to China, disruption of Colombo Port City project, Treasury bond scams in 2015 and 2016 and procurement ISBs worth over USD 12 bn during the Yahapalana administration contributed and influenced the overall crisis, the MP said.
Prof. Herath said that those at the helm of political leadership still pursued neo-liberal policies though they failed to achieve success. The academic strongly advised the country should at least now adopt what he called social democratic economic policy.
Commenting on the deepening crisis at Sri Lankan Airlines, Prof. Herath said that the government and Opposition without further delay should sink their differences on this issue.
Asserting bankrupt Sri Lanka couldn’t afford to maintain an airline of its own, Prof. Herath said that they should explore ways and means of restructuring the airline. Profit making ground handling, catering and fuel supplies, too, should be part of that restructuring deal as prospective buyers wouldn’t consider Sri Lanka’s offers unless profit making elements were part of the agreement, he said.
However, the government seemed much more interested in restructuring cash cows such as Sri Lanka Insurance, national gas supplier Litro and Litro Gas Terminal Lanka Pvt Ltd. The MP said that Lanka Hospitals earmarked for restructuring was doing well.
Prof. Herath also appealed that the government maintained a social security network to protect the needy and also continue with free medical and education regardless of difficulties.
News
Move to extend judges’ retirement ages could damage Sri Lanka’s global image, warns Prof. Peiris
Former Foreign Minister Prof. G. L. Peiris yesterday warned that any move by the government to extend the retirement age of superior court judges could have serious repercussions for Sri Lanka’s international standing, particularly ahead of the next session of the UN Human Rights Council (UNHRC), in Geneva, in September.
Addressing a media briefing, organised by the People’s United Opposition, at its Flower Road, Colombo office, Prof. Peiris claimed that attempts to interfere with the judiciary, through extensions of judges’ terms, would undermine the credibility of Sri Lanka’s courts and weaken the country’s position before the international community.
Prof. Peiris said there was widespread opposition to the proposal to extend the superior court judges’ tenure by two years, with lawyers’ organisations, academics and civil society groups expressing concerns over the move.
“There is no clarity whatsoever from the government’s side,” Prof. Peiris said, claiming that unlike in other countries where such proposals were subjected to lengthy public consultations, there had been no transparency regarding the government’s intentions.
He argued that if such extensions were granted to judges, similar privileges would have to be considered for other sectors, including the public service, university academics and medical specialists.
Prof. Peiris said the issue had gained greater significance due to Sri Lanka’s engagement with the UNHRC, which he described as having established a special investigative mechanism relating to the country.
He alleged that the politicisation of the judiciary would provide further grounds for international criticism against Sri Lanka, which was already facing scrutiny over alleged human rights issues.
“The next session of the UN Human Rights Council will be held in Geneva, in September,” Prof. Peiris said. “This issue will not only affect our country internally, but will also cause serious damage to Sri Lanka internationally.”
He claimed that Sri Lanka had previously defended itself against international interventions by highlighting the independence and reputation of its judicial system.
Referring to the country’s legal history, Prof. Peiris said Sri Lanka had possessed a judiciary respected globally, citing former Supreme Court Judge Dr. Christopher Weeramantry’s tenure as Vice-President of the International Court of Justice in The Hague as an example of international recognition of Sri Lankan judicial expertise.
He said that during his tenure as Foreign Minister, he had maintained that Sri Lanka’s own courts were capable of addressing domestic issues and that foreign intervention was unnecessary.
Prof. Peiris also referred to discussions he had held with Russian Foreign Minister Sergei Lavrov and Chinese Foreign Minister Wang Yi, claiming that both had supported Sri Lanka’s position that external interference in domestic matters should not be permitted.
However, he alleged that the current situation was different, claiming that the judiciary was being politicised through selective extensions of service while vacancies remained in the Supreme Court and Court of Appeal.
He questioned why judicial vacancies had not been filled if the government’s stated objective was to reduce delays in the administration of justice.
“The responsibility of filling these vacancies lies with the executive,” he said, adding that the failure to do so could affect the international reputation of Sri Lanka’s judiciary.
Prof. Peiris also claimed that the Bar Association of Sri Lanka had repeatedly called for the vacancies to be filled, warning that the present developments could have an adverse impact on the country’s standing internationally.
He questioned whether it was justified to place Sri Lanka in a difficult international position to serve, what he described as, “a narrow and partisan political objective.”
News
Dengue surge infects 76,000, claims about 53 lives
The total number of dengue cases reported in Sri Lanka so far this year has risen to 76,044, with health authorities warning the public to remain vigilant amid a continued surge in infections.
The National Dengue Control Unit (NDCU) said 2,652 dengue cases had been reported on Sunday (19) alone, while 162 Medical Officer of Health (MOH) divisions across the country continue to be classified as high-risk dengue zones.
The latest figures indicate a sharp rise in dengue infections during the past few months, with 8,590 cases recorded in May, followed by 21,537 cases in June. A further 20,666 cases have been reported during the first 19 days of July.
The dengue outbreak has claimed 53 lives so far this year, with the case fatality rate standing at 0.07%, according to the NDCU.
The Western Province remains the worst affected region, accounting for 40,009 cases, or 52.61% of the country’s total infections. The Southern Province has recorded 11,707 cases (15.40%), while the Central Province has reported 6,431 cases (8.46%).
At district level, Gampaha has recorded the highest number of dengue infections with 15,910 cases, followed closely by Colombo with 15,110 cases. Of the Colombo District cases, 3,073 were reported within the Colombo Municipal Council area.
Matara has recorded 5,330 cases, Kandy 5,111 cases and Kalutara 5,010 cases.
Health authorities have urged the public to take preventive measures by keeping their surroundings clean and eliminating mosquito breeding grounds, particularly amid prevailing rainy conditions.The public has also been advised to seek immediate medical attention if symptoms such as fever develop, as early medical intervention is essential in preventing severe complications from dengue.
News
SC dismisses challenge to gender change procedures
The Supreme Court yesterday dismissed, without taking up for consideration, a Fundamental Rights petition seeking to invalidate a circular that permits individuals in Sri Lanka to change their gender legally .
The petition had been filed by retired Sri Lanka Air Force (SLAF) Warrant Officer Shantha Jayathilake, who challenged the legality of procedures allowing individuals to alter their gender designation following medical and psychiatric assessments.
Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as incumbent President Anura Kumara Dissanayake, were among those named as respondents in the petition.
The petitioner alleged that successive governments, including the present administration, had facilitated gender changes through medical procedures in a manner contrary to Sri Lankan law.
Jayathilake contended that the law did not permit a person to change their sex from male to female or female to male through medical intervention in the absence of a biological basis. He further argued that individuals had been allowed to alter their gender identity on the recommendation of a psychiatrist, under guidelines issued in 2016 by the then Director General of Health Services.
The petitioner also claimed that authorities had been issuing revised birth certificates and National Identity Cards to persons who had undergone gender-transition procedures, maintaining that such actions were unlawful.
However, the Supreme Court declined to entertain the application and dismissed the petition without granting leave to proceed.
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