News
Collective Cabinet responsibility won’t be at country’s expense
Udaya: We are ready to face consequences of revolting against backdoor Yugadanavi deal
By Shamindra Ferdinando
Energy Minister Udaya Gammanpila says that in spite of being members of the Cabinet, he along with National Freedom Front (NFF) leader Wimal Weerawansa and Democratic Left Front (DLF) leader Vasudeva Nanayakkara, have supported the petitions filed against the government entering into a framework agreement with US-based New Fortress Energy in respect of Yugadanavi Power Plant, etc., as they strongly felt that collective Cabinet responsibility should not be at the expense of national security.
Pivithuru Hela Urumaya (PHU) leader and Attorney-at-Law Gammanpila emphasised they had challenged the Cabinet over the controversial agreement following careful examination of what he called a politically charged situation.
The Colombo District MP said that they were ready to face the consequences of legal measures they had resorted to. Minister Gammanpila said so in response to The Island query whether they could continue as members of the Cabinet after having objected to an international agreement, finalised by the government.
Gammanpila said that they had never tried to hide their intentions and they felt embarrassed by the way some in the government manipulated the very process that was meant to ensure transparency and accountability.
Treasury Secretary S.R. Attygalle, on behalf of the government, entered into an agreement with New Fortress Energy, a company listed in the NASDAQ, on July 7, 2021, two days after Cabinet decided on the matter.
Gammanpila said they had tried to settle the issue at the Cabinet level and at the government parliamentary group. “Finally, we were left with no alternative but to denounce the New
Fortress deal and then throw our weight behind those who moved the Supreme Court against it,” Minister Gammanpila said.
The SLPP repeatedly demanded that whatever the issue the constituents should settle it within the government parliamentary group and the Cabinet.
Minister Weerawansa told Parliament on 11 November that an Attorney-at-Law would represent the trio at the Supreme Court proceedings.
Responding to another query, Minister Gammanpila questioned the rationale behind bringing in a company that hadn’t been involved in the tender process in respect of a high profile project involving the West Coast Power Limited (WCPL). The minister said that the US firm had spurned the tender process as it received an assurance as regards the contract.
The US government pushed for the deal meant to secure 40 percent shares of the WCPL at a cost of USD 250 mn, Minister Gammanpila said.
The Cabinet memorandum as regards the sale of WCPL shares, in addition to the floating storage regasification unit, mooring system and the pipelines and the supply of LNG (Liquefied Natural Gas) is dated 06 Sept., 2021, months after Sri Lanka entered into FA with New Fortress Energy.
Asked whether the NFF, PHU and DLF would receive the support of other parties including the SLFP, Minister Gammanpila said that those who had pledged support for their cause remained committed and confident.
In addition to the NFF, PHU and DLF with a combined strength of eight MPs, the grouping against the New Fortress deal included the SLFP (14 members), CP (1 MP), Yuthukama (2 members) and Tiran Alles. Over two dozen elected and appointed members of the SLPP are against the New Fortress deal.
Of the smaller constituents in the government, the MEP (Mahajana Eksath Peramuna) has distanced itself from the campaign against the energy deal.
Minister Gammanpila said that in his current capacity as the energy minister he had been compelled to struggle against the energy project as it posed a threat to the country. Referring to the then President Ranasinghe Premadasa sacking ministers, Lalith Athulathmudali, Gamini Dissanayaka and G.M. Premachandra in 1991, Minister Gammanpila said that the UNPers sought the Supreme Court intervention. The SC ruled that in case ministers had been deprived of an opportunity to discuss some matter at the cabinet, they could do so with the public, Gammanpila said, adding that they pursued a strategy based on that SC position.
Minister Gammanpila said that Sri Lanka couldn’t afford to create a foreign monopoly in the gas supply to the country. The situation would be far worse as the proposed monopoly would be American, Gammanpila said, noting that in spite of entering into a spate of other agreements with foreign partners under controversial circumstances, the incumbent government seemed to have perpetrated an unpardonable act.
Minister Gammanpila said that the US energy deal would deliver a knockout blow to Sri Lanka’s efforts to tap gas in the Mannar seas. The consequence of this arrangement would be far reaching and devastating as far as Sri Lanka was concerned, the minister said. If the New Fortress deal was carried pit. Sri Lanka wouldn’t be able to bring in other investors to extract gas from the Mannar basin, the minister said.
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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