News
Speaker stands firm on ruling, Opposition says he’s undermining constitution
Speaker Mahinda Yapa Abeywardena told Parliament on Friday thaty he would not revoke his ruling given on Wednesday with regard to the Parliament’s supremacy over the Supreme Court.
He said that he had consulted legal experts in preparing his ruling that the Supreme Court is not empowered to issue orders or judgments of any nature against a resolution already passed by the Parliament.The Speaker said so in response to criticisms and demands from the opposition parties that the ruling would set a wrong precedent.
On August 9, the Speaker gave the ruling after Tourism and Lands Minister Harin Fernando raised a privilege issue on petitions filed against the resolution on domestic debt restructuring that had been approved by Parliament.
Opposition MPs urged the Speaker to withdraw this ruling as it violates standing orders, creates tension between the court and parliament and undermines the constitution.
JVP led NPP leader Anura Kumara Dissanayake: “According to standing orders, we can’t question the decisions of the Speaker. However, given that the Speaker’s rulings become a precedent in parliament, we need to have serious discussions about these.
“On August 9 you told parliament that since the parliament has passed a motion on domestic debt restructuring, the court can’t issue orders or judgments of any nature against a resolution already passed by the Parliament.
“The Speaker said that the court was to make a ruling on a case filed against restructuring of EPF funds a few hours later. The Speaker could have made a ruling later, if there was an issue with the court ruling. Also, your ruling is wrong.
“What are motions presented in parliament for? The constitution has named the kind of motions we can have, one is a no confidence motion, the president can also have a motion to seek the opinion of the public on a matter of national importance. These are the two types of motions listed in the constitution.
“When the government presents the budget, we vote on the appropriation bill. This is a law. People have the right to go before the court before it goes to parliament. The bill comes to parliament through the courts. If parliament passes a motion, and in line with the motion tax laws, and financial laws must be amended. The motions therefore fulfill a certain duty.
“I would like to know if the motion to subject EPF funds to domestic debt restructuring, is a law. Is it a draft law? Is it a regulation? Not at all. It was just a motion presented to parliament. What is the standard procedure when we make laws? We come to parliament through the courts.
The court can determine if an act is consistent or inconsistent with the constitution, but it can’t change an act if it is passed in parliament.
“But here it was a resolution, it was not a bill or an act. Tomorrow, a government MP presents a motion saying we must close all courts in the country. All 134 government MPs will approve it. Then what? Can’t the court system examine that? Parliament can impose laws only after the court decides if it’s consistent with the constitution.
“The EPF beneficiaries will suffer because of this. When will this be examined by the court? There are limits to what the parliament can do. If we create a precedent where a government motion, once passed in parliament, can’t be examined by courts, that’s a terrible mistake. So your directive on 09 August sets a bad precedent. What will happen if government starts passing motions that can’t be examined by courts? There is only one thing to do, you must take this directive back. Or you will create a crisis.”
SLFP Kuruengala District MP Dayasiri Jayasekera: “Article 91 of standing orders state that MPs must not talk about court cases that are before courts. If a MP starts talking about such a case, the Speaker or the presiding MP can ask him or her to sit down. These are things that the Speaker has to do. But you, the person in charge of enforcing the above-mentioned standing order, have violated this provision.
“Moreover, as MP Anura Kumara Dissanayake said, the Speaker can give an order if he or she feels the court has made the wrong call. After you said that the court can’t make a call, the Supreme Court dismissed the cases before it. The judges, probably because they wanted to avoid conflict with the legislature, threw out the cases on EPF.”
SJB Kandy District MP Lakshman Kirielle : “You (Speaker) points to a directive given by former Speaker Anura Bandaranaike in your order. However, Bandaranaike made the order after the court gave a verdict. “
Opposition leader Sajith Premadasa: “In recent times, government MPs have raised privilege issues and scared members of independent commissions and the court. They have overlooked directives on holding elections. The president also invited justices to dinner.
“Under the domestic debt restructuring, the workers are suffering when multi-millionaires are untouched. This is a violation of fundamental rights. People have gone before courts and the Speaker has given an order, after an MP raised a privilege issue, undermining the courts.
“You are acting like an agent of the executive. You are interfering with courts. This is a dangerous situation. Separation of powers and a tripartite system is undermined. I urge you to take your order back.”
Freedom People’s Congress (FPC) MP, Prof. G. L. Peiris: “The constitution is clear on this. Parliament passes a motion and that can’t be directly challenge by courts. However, the fundamental rights chapter of the constitution says there should be equality. If the government places the entire burden of domestic debt restructuring on the economically weak and let the rich unaffected, this becomes a problem with equal treatment.
“This is a violation of the constitution. The constitution says that the Supreme Court can hear such cases. If a directive of parliament causes unequal treatment, the court not only has the right to hear such cases, but has the responsibility to do so. Even the Court of Appeal can look at it.
When an FR case is before the Supreme Court, an MP raises a privilege issue and the Speaker gives a directive within a few hours. Parliament and courts must respect each other, this is the glue that holds the constitution. If you destroy that using privilege issues, you are destroying the foundations of the constitution. You must immediately withdraw your directive.”
Speaker Abeywardane: “I will not take my statement back. I have done everything necessary before making the call.”
News
CTU: Teacher shortage casts doubt on govt.’s education reforms
By Chaminda Silva
The government’s ambitious plans to overhaul Sri Lanka’s school education system and introduce new curricula could face serious implementation difficulties, with teacher unions warning that a longstanding and severe shortage of teachers remains unresolved.
The warning came as Prime Minister Dr. Harini Amarasuriya announced yesterday that new curricula would be introduced for Grades 2 and 6 next year, while also stating that the government planned to recruit around 30,000 new teachers across the education system by February.
However, the Ceylon Teachers’ Union (CTU) questioned whether the government would be able to provide the teachers required to implement the proposed reforms, claiming that the recruitment process itself had become mired in problems.
CTU General Secretary Joseph Stalin accused the government of making misleading claims about teacher recruitment and said the shortage that had affected schools for more than a year would continue into next year.
“There is currently a severe teacher shortage in the school system,” Stalin told a press conference in Colombo yesterday.
He said the government had previously acknowledged that there were about 46,000 teacher vacancies in the school system, but the figure was later revised to around 36,000.
“Those vacancies have remained unfilled for more than a year and a half. The school system has continued to operate with a severe teacher shortage throughout this period,” he said.
Stalin questioned how the government intended to introduce new curricula while thousands of existing teaching vacancies remained unfilled.
He said the Government had initially announced plans to recruit 23,000 teachers, despite the number of vacancies being significantly higher.
Although a gazette notification, relating to the recruitment had been issued, only around 17,000 applicants had been summoned for the initial round of interviews, he added.
Stalin said interviews were expected to begin in November and that appointments would, therefore, be made only from January onwards.
“If there are more than 36,000 teacher vacancies, the Government has decided to recruit only 23,000 teachers, and only around 17,000 have been called for interviews.
Who will take responsibility for the remaining vacancies?” he asked.
He said the problem was not merely one of numbers but also involved the Government’s recruitment procedure.
According to Stalin, shortcomings and ambiguities in the gazette notification issued for the recruitment examination had contributed to the present crisis.
“We primarily believe that the lack of proper procedures in the gazette notification issued for the recruitment examinations has contributed to this crisis. The ambiguities in the notification itself have led to the recruitment process becoming a major issue,” he said.
The shortage was also affecting the transfer system, Stalin mentioned.
A large number of teachers had been unable to obtain transfers because replacements were not available, with some teachers remaining at the same school for 12 or 13 years, he claimed.
As replacements had not been recruited, such teachers would have to remain at their present schools for another year, he said.
“This is a serious crisis. However, the situation is even more critical for students who are left without teachers,” Stalin said.
He also questioned the Government’s plans to close schools with fewer than 50 students.
“We suspect that this move is to take the teachers from these schools and redeploy them to other schools to fill vacancies there.”
The union’s concerns come at a time when the Government is pushing ahead with a major overhaul of the education system.
Addressing the Badulla District Women’s Conference yesterday, Prime Minister Amarasuriya said the Government would introduce new curricula for Grades 2 and 6 next year as part of its wider education reforms.
She said a new curriculum had already been introduced for Grade 1 this year, while new curricula for Grades 2 and 6 would be introduced over the next two years.
The Prime Minister said the Government was developing a new education system aimed at securing the future of all children, with the emphasis shifting away from producing students, focused solely on examinations.
The Government’s objective was to nurture a generation capable of facing future challenges successfully and confidently, she said.
The Prime Minister also announced that interviews for the recruitment of 17,000 teachers would commence on November 20.
She said approval had also been granted to recruit 2,000 academic staff members for the university system, with that recruitment process already under way.
The Government plans to recruit approximately 30,000 new teachers across the education system by February next year, she said.
A special programme would also be implemented to improve infrastructure facilities in schools, the Prime Minister added.
The contrasting positions highlight a potentially significant gap between the Government’s education reform timetable and the capacity of the existing school system to deliver it.
While the Government has set out a timetable for introducing new curricula and recruiting tens of thousands of teachers, the CTU argues that the existing shortage, delays in recruitment and unresolved transfer problems could leave schools struggling to provide adequate teaching staff when the reforms take effect.
With the Government planning to introduce another round of curriculum changes next year, the ability to fill vacancies in time could, therefore, become a crucial test of whether its broader education reform programme can be implemented as planned.
News
Norochcholai to remain offline for several days after blackout
The Norochcholai coal power plant will remain disconnected from the national grid for several days following Saturday’s countrywide power failure, as authorities continue to follow safety procedures after the incident.
The National System Operator (NSO) said the 810-megawatt plant had been shut down as a precaution after the sudden power outage on October 17 and would not be reconnected to the grid until the necessary safety measures were completed.
The temporary loss of 810 MW of generating capacity would be managed through careful electricity supply arrangements to minimise the impact on consumers over the coming days, the NSO said.
It said the prevailing rainy weather was expected to help sustain hydropower generation at high levels, while a projected decline in electricity demand would further ease pressure on the system.
The countrywide blackout occurred at around 11.43 a.m. on October 17 after a generating unit disconnected from the national grid, creating an imbalance that caused the entire power system to collapse within less than 30 seconds.
Restoration efforts began shortly afterwards. By 12.11 p.m., major hydropower generating units had been brought back online and the power system was restarted simultaneously in four separate sections.
The restoration process was complicated by small-scale power generation facilities that were not under the direct control of the system control centre. However, electricity supplies were progressively restored through the activation of distribution feeders from 12.37 p.m.
By around 3 p.m., power had been restored to essential services, including major hospitals, water treatment plants and the airport.
Grid substations across the country had been reconnected by around 5 p.m., restoring electricity to the majority of consumers, the NSO said.
The operator stressed that the sudden disconnection of a generating unit as a safety measure was a normal occurrence at power plants. However, such a disconnection resulting in a complete collapse of the national power system was not considered normal.
An internal investigation has, therefore, been launched to establish the sequence of events that led to the islandwide outage and determine its underlying causes, the NSO said.
News
President links businessman held with arms to politicians
By Norman Palihawadane
President Anura Kumara Dissanayake yesterday said a businessman, arrested with a caches of firearms, ammunition and hand grenades, had links to a politician, as authorities continued investigations into the seizure.
Addressing a public gathering in Badulla, the President said the suspect was among those being investigated in connection with operations targeting organised crime and that authorities were aware of his political connections.
He also referred to a video footage allegedly showing the suspect firing at people in the Weliweriya area, describing it as an example of the dangerous activities associated with individuals possessing illegal firearms.
The 38-year-old businessman, who is reportedly the owner of a cinema, and a relative of a politician, was arrested following a search conducted by officers of the Colombo District Crime Division at the cinema on Hanwella Road, in the Kirindiwela Police Division, on October 17.
Police said the search had been carried out based on information received by investigators.
The weapons and ammunition seized included two foreign-made pistols, a revolver, a foreign-made repeater firearm and a foreign-made 12-bore firearm.
Police also recovered hundreds of rounds of ammunition, including 398 rounds of 12-bore ammunition, 278 rounds of 9mm ammunition, 49 rounds of .32-calibre ammunition and 3,083 rounds of .22-calibre ammunition, along with two live hand grenades.
The suspect, a resident of the Millathe area, is being questioned as investigations continue.
The Police Media Division said police would seek a detention order to facilitate further questioning of the suspect and advance the investigation.
The Colombo District Crime Division is conducting further investigations into the cache of weapons and the suspect’s alleged activities and connections.
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