MPs are not immune from country’s laws – SJB

By Saman Indrajith

Opposition Leader Sajith Premadasa told Parliament yesterday that the MPs were not immune from the Penal Code despite the Parliamentary Powers and Privileges Act.

Premadasa said Cabinet Spokesman Minister Bandula Gunawardane had claimed that incidents in Parliament could not be dealt with under the regular law.

“This claim sends the wrong message to people. Aren’t the provisions of the Penal Code or the Offences against Public Property Act applicable to the MPs? There were incidents in this Chamber during the 52-day coup conspiracy; some MPs damaged public property. There were investigations by the CID and also by Parliament.

The Secretary General announced the cost of the damage. When the process was on to prosecute those MPs responsible for the damage, political influence was exerted on the CID not to file cases against the culprits. It is against this background that Minister Gunawardane, in his position as the Cabinet spokesman, makes this false claim. His statement is sending a message saying that there is one law inside the Parliament and another outside it.

“He also claims that the Speaker decides whether these laws are applicable to Parliament or not,” Premadasa said.

Colombo District SJB MP Mujibur Rahuman said that people were already against the MPs and this new wrong message would further exacerbate their anger against elected members. “The Cabinet Spokesman says that the MPs have a different set of laws while the people are dealt with by the country’s laws. That is wrong. We are also liable for criminal offences that we commit,” Rahuman said.

“The CID conducted an investigation and was prepared to file cases, but that was prevented through political influence. The Cabinet Spokesman’s statement is fueling public hatred towards the MPs. Please, request the Cabinet Spokesman to refrain from making such statements,” he said.

Minister Gunawardane said that he was only responding to a question raised by a journalist and the question was about fairness of cracking down on protesters for destroying public property, during anti-government protests, when MPs, who damaged Parliament, property under the former government, are yet to be apprehended.

Minister Gunawardane said as a public representative in Parliament for the last 33 years he had only explained that the law would be implemented against those engaged in violent activities during peaceful protests.

“I said MPs had Parliament privileges and the Parliament law. I also explained that MPs attending Parliament cannot be arrested as they are engaged in legislative activities,” he said.

Chief Opposition Whip, Kandy District MP Lakshman Kiriella, said that the MPs had no such legal immunity. and Parliament privileges only cover MPs from being arrested while they are on their way to attend and when they leave Parliament. “Therefore, there is no law that says they are exempt from other laws of the country,” Kiriella said.

Speaker Mahinda Yapa Abeywardena, agreeing with Chief Opposition Whip Kiriella, said that all other laws in the country applied to the MPs.