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Ex-State Counsel asks govt. to discard Rehabilitation Bill

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Former lawmaker M.M. Zuhair, PC, who also served as Sri Lanka’s Ambassador to Iran, has urged the government to discard the proposed Rehabilitation Bill. The former State Counsel argued that the proposed law couldn’t co-exist with fundamental rights provisions, provided for in the Constitution.

The following is the text of the statement: A spate of views have already been placed convincingly before the country by many against the Bureau of Rehabilitation Bill. The Supreme Court, in a welcome determination, within the ambit of its constitutionally limited powers, has struck down the Rehabilitation Bill as being inconsistent ‘as a whole’ with Article 12(1) of the Constitution. Rarely in the past has the Supreme Court indicted any Bill as a whole!

The Supreme Court has also indicated that the inconsistency can be overcome if ‘all references to “ex-combatants”, “violent extremist groups” and “any other group of persons” are deleted from the Bill’ and ‘the Bill is limited to the rehabilitation of drug dependent persons and such other persons as may be identified by law’.

It is now the government’s turn to dump this controversial bill as it cannot exist within a democratic State or co-exist with the citizen’s fundamental rights. The Court and the 12 Petitioners who challenged the bill in eight Petitions have done democratic governance in Sri Lanka a timely service!

The Supreme Court has also examined in detail the several provisions in the Bill and made several determinations, virtually down-rating the draft law and imposing the 2/3rd majority requirement for most provisions. Reading between the lines, the judicial view appears to be: ‘Rehabilitation? Yes! But stick to the convicted drug addicts’!

What is now required is for the much criticised parliamentarians, the political parties and the active sectors of the civil society in the country to follow up the proposed law from other platforms to which the Supreme Court or the Attorney General may not constitutionally venture into.

 It is also the responsibility of the rest of the society to focus on the Bill’s ethical illegitimacy and abort it, notwithstanding the proposed amendments the Supreme Court has carefully determined within its constitutionally limited powers.

For instance the definition of the word “rehabilitation” both in the original Bill, and the Supreme Court’s redefined draft, clearly brings out a national “health” related problem and not a “security” related issue. The redefined draft refers to “the procedures and programmes for rehabilitation, treatment, aftercare and support services that shall be prescribed by regulations, made under this Act”.

Rehabilitation, as proposed in the Bill, can never be the function of the armed forces but must come under the country’s health sector, considering the objectives of rehabilitation as a healthy alternative to harsh punishments. Clause 17 in the Bill gives undefined roles for the armed forces in the Bureau of Rehabilitation, though they may have some role outside the perimeters of the rehabilitation centres. The Supreme Court has determined Clause 17 as being inconsistent with Article 12(1) of the Constitution.

Another matter of importance is that the inclusion of ‘ex-combatants’, ‘violent extremist groups’ and ‘other groups…’ has come up for serious criticism in the media, and during the submissions in Court. The Supreme Court has commented on the references to these sectors as being inconsistent with Article 12, excluding only the rehabilitation of drug dependent persons.

The question that the draftsmen ought to have addressed is, should “violent extremists”, ranging from the Police defined ‘Aragalaya extremists’ to violent extremists of all religions, be lumped together with the “drug addicts” for the so called rehabilitation! Who will rehabilitate the Aragalaya activists who had been calling for the accountability of those responsible for the economic bankruptcy of the country? Armed forces? Who will rehabilitate the undefined so called Buddhist, Hindu, Islamic and Christian violent religious extremists, if there be any? The Norwegian brain washed right wing extremists or the armed forces?

Rehabilitation of a defined category of convicted offenders in lieu of imprisonment is no doubt a welcome measure. But the Bill does not provide for any judicial determination, essential pre-requisite for rehabilitation, if fundamental rights are to be protected. The Supreme Court has pointed out that reference for rehabilitation must be through an order made by a Court of competent jurisdiction.

 The Justice Minister must do justice to the drug addicts by bringing their on-going rehabilitations under the Healthy Ministry and by restricting rehabilitation to trained medical personnel and limiting rehabilitation only to Court convicted drug addicts.”



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Rs. 773 bn arrears: Go after massive tax dodgers before imposing new taxes – GMOA

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=AG alleges Inland Revenue withheld info citing Constitution

By Shamindra Ferdinando

The Government Medical Officers Association (GMOA) yesterday (02) asked the government to explain its continuing failure to recover as much as Rs 773 bn in taxes, penalties and interest against the backdrop of unprecedented new tax hikes to bridge the record deficit.

GMOA Secretary Dr. Haritha Aluthge told The Island that the disclosure made by the Committee on Public Accounts (COPA) on Nov 28 exposed the overall effect ofthe failure byparliament to meet its obligations pertaining to public finance.

The government should have gone flat out to recover taxes, penalties and interests owed by various entities before new revenue generation measures were proposed, Dr. Aluthge said, demanding that the government to come clean on the issue.Responding to another query, Dr. Aluthge said

that what transpired at COPA meeting chaired bySamagi Jana Balvegaya(SJB) MP Kabir Hashim on Nov 28 exposed how successive governments conveniently allowed the situation to deteriorate. Former Minister Hashim succeeded Prof. Tissa Vitharana in the wake of the re-opening of parliament followingitslast prorogation.

The COPA disclosure was nothing but an indictment on the government, Dr. Aluthge said, urging the Finance Ministry and other relevant institutions to address the issue at hand. Why the entire population should suffer due to utterly corrupt and incompetent lot neglecting their responsibilities?Dr. Aluthge asked.

Referring to the statement issued by the Director Legislative Services on Nov 29 consequent to COPA meeting on the previous day, Dr. Aluthge pointed out that the Inland Revenue Department had been summoned by the parliamentary watchdog committee to examine whether COPA recommendations given on March 24, 2021 were implemented.

The top GMOA official said that he was quite baffled that theburningissue hadn’t been given priority in spite of the financial crisis that caused an unparalleled explosion of public anger.

COPA meeting that had been chaired by MP Hashim were attended by State Ministers Mohan PriyadarshanadeSilva, Lasantha Alagiyawanna, Kader Mastan, (Dr.) Suren Raghavan and Diana Gamage as well as MPs Tissa Attanayake, Ashok Abeysinghe, Dr. Sudarshini Fernandopulle, Major Pradeep Undugoda and Weerasumana Weerasinghe.

Dr. Aluthge said that according to figures released by COPA, the total arrears as at June 30, 2022 amounted to a staggering Rs 773,957,856,618 inunpaidtaxes, penalties and interests. The GMOA official pointed outthatCOPA had acknowledged that out of that amount Rs 201,400,855,198 could be collected as there was no legal impediment whereas the recovery of the remaining Rs 572,557,001,420 was on hold temporarily due to various reasons.

Referring to COPA proceedings, Dr. Aluthge said that the Auditor General had quite clearly asserted that the total amount due to the Inland Revenue was Rs 773,957,856,618 in terms of RAMIS (Revenue Administration Management Information System) and Legacy Systems.How could a bankrupt government be so irresponsible?Dr. Aluthge asked.

The GMOA Secretary also faulted the media for not providing sufficient coverage to the issues dealt by parliamentary watchdog committees. The waste, corruption, irregularities and mismanagement that had been exposed by these watchdog committees over the years proved over and over again the parliament was responsible for the current unprecedented crisis, Dr. Aluthge said.

The shocking disclosure made by the Auditor General that the RAMIS system installed at a staggering cost of over Rs 10 bn to ensure smooth collection of revenue was yet to be fully and properly operational painted a bleak picture, Dr. Aluthge said.

Referring to COPA proceedings again, Dr. Aluthge said that the Auditor General was on record as having said that though deficiencies of RAMIS system had been brought to the notice of COPA on several occasions remedial measures were not taken.

“The parliament owed the public an explanation. The parliament cannot absolve itself of the pathetic and reckless handling of public finance that finally led to Sri Lanka tagged as a bankrupt country,” Dr. Aluthge said.

Dr. Aluthge said that the GMOA sincerely believed the parliament would at least now hear what the Auditor General told COPA of his efforts to get to the bottom of RAMIS installation.

Janakantha Silva, Director Legislative Services and Acting Director Communication in a statement that dealt with COPA meeting chaired by MP Hashim quoted the Auditor General as having said that the Inland Revenue Department declined to release the RAMIS agreement and related payments, the agreement barred the Inland Revenue from releasing the information sought by him. The Auditor General has further alleged that the Inland Revenue Department withheld information pertaining to the RAMIS agreement claiming the release of the agreement violated the Constitution.

How could the Auditor General be deprived of an agreement entered into by the Inland Revenue on behalf of the government? Dr. Aluthge asked.COPA Chairman Hashim has declared that an audit would be conducted on the RAMIS deal if the report sought from the Inland Revenue within a month in respect of the same was not satisfactory.

Dr. Aluthge said that he couldn’t believe that action hadn’t been taken in respect of 4,831 return checks worth Rs 2,488,003,615 (2.4 billion) received by Inland Revenue as at June 30. According to COPA 3,817 of these returned cheques worth Rs. 1,429,356,750 rupees were more than 3 years old. The Inland Revenue has said that the department lacked the authority to take legal action.

Pointing out that COPA Chairman has advised Inland Revenue to inform him of the action in this regard in consultation with the Attorney General , Dr. Aluthge said if the parliament bothered to inquire into what was happening in the revenue collection set up the current crisis could be easily explained.

Dr. Aluthge recalled comprehensive tax proposals submitted by Prof. W.D. Lakshman during President Mahinda Rajapaksa’s second term were never implemented. In fact, the library of the parliament didn’t have a copy of it, Dr. Aluthge alleged, urging the parliament to address the issues at hand without further delay or prepare to face the consequences.

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Record number of students visited parliament on 01 Dec.

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A record number of students had visited Parliament yesterday (02), Serjeant-at Arms Narendra Fernando said, adding that it was the highest since the country gained Independence in 1948.Permission had been given to over 5,000 students from 32 schools representing different areas of the country to visit the Parliament on 01 December, he said.

More than 25,000 students have visited to observe the Parliamentary debates after the Public Gallery reopened for schoolchildtrn from 19 September 2022. For over two years the gallery was closed due to COVID-19.

He also mentions that steps are being taken to provide a free glass of milk to each student who visits the Parliament from January 2023.

He added that it is a decision taken by the Committee on Parliamentary Business chaired by the Speaker and with the support of all the party leaders including the Leader of the House,Chief Government Whip and the Leader of the Opposition.

The Serjeant-at Arms said that it should be specially highlighted that the President Ranil Wickremesinghe in his capacity as the Minister of Finance, has decided to provide the necessary financial support for it.

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TNA MP vows to send China packing

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By Saman Indrajith

Tamil National Alliance (TNA) Batticaloa District MP Shanakiyan Rasamanickam yesterday vowed to lead ‘China Go Home’ protests if Beijing did not restructure Sri Lanka’s debt expeiditiously.Speaking in parliament yesterday, Rasamanickam said that China was a 20 trillion US dollar economy and the total Sri Lankan debt to China is 7.4 billion dollars.

“We owe three billion US dollars to China Development Bank and 4.4 billion US dollars to EXIM bank. If China, who has

nearly 20,000 billion dollar economy is truly Sri Lanka’s friend it can write off our debt. We are not even asking for that, we are asking China to expedite the debt restructuring. Offering 9 million litres of diesel or half a million kilos of rice isn’t real help,” he said.The TNA MP added that China lent Sri Lanka billions of dollars knowing well that the country’s economy was in shambles.

“China has built a 20 trillion dollar economy. They are smart. They are not stupid. They knew we were in trouble but kept on lending to ensnare Sri Lanka in a Chinese debt trap. So I ask China to do the right thing. Sri Lankans might be divided over ethnicity and religion but when the country is really in trouble, we all come together. Everyone came together under ‘Gota Go Home’ banner to get rid of Gotabaya Rajapaksa. If China doesn’t help us restructure our debt, people will come onto the road demanding ‘China Go Home’ and I will lead them,” he said.

Rasamanickam said said debt destructing is Sri lanka’s prime objective and the government’s priority should be to secure the IMF package.

“The main problem is that china is not willing to restructure. I spoke of this in Parliament before and the Chinese embassy Twitter handle has commented on this. They are tagging me on Twitter all the time. I am speaking on behalf of the people of Sri Lanka, I am not talking on behalf of some embassy. Them tagging me on Twitter and commenting on what happens inside is an attack on our sovereignty. If the Chinese embassy wants a Twitter war, I am ready,” he said.

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