News
NFE deal at risk over privilege matter raised by Ranil
by Saman Indrajith
A privilege matter raised by UNP leader Ranil Wickremesinghe in Parliament last week relating to the government’s agreement with US-based New Fortress Energy (NFE) places the entire deal at risk, parliamentary sources said.
Raising a privilege issue, Wickremesinghe claimed that the framework agreement between the Government and New Fortress Energy Sri Lanka Power Holdings LCC had been entered into in violation of the powers, privileges and immunity of Parliament. He called on the Government to make a full disclosure to the House.
The UNP leader identified clauses in the agreement breaching the powers and privileges of Parliament. Among these, Clause 8 on ‘Confidentiality and Announcement’, states that for five years, either party shall not without the prior written consent of the other parties disclose to any person any information.
The permitted disclosures are in regard to the order of a court, arbitration tribunal or an order or decree, rule and regulation of any ‘governmental authority’. “It makes reference to ‘governmental authority’, but Parliament is not a government authority. It is the legislature. Therefore, the minister cannot obtain information under this joint venture agreement for the purpose of disclosing it to Parliament,” Wickremesinghe said.
He requested Speaker Mahinda Yapa Abeywardena to summon the Treasury Secretary, Directors of New Fortress Energy Sri Lanka Power Holdings LLC, and Attorney General to discuss the framework agreement on LNG supply.
Parliament sources said that once an MP presents a privilege matter in the House, the Speaker must announce within a couple of days that the matter would be referred to the Privileges Committee of Parliament. “The Speaker did not make such an announcement so far,” a committee member told the Sunday Island.
“After it is referred to the committee it is for us to decide whether the privilege of an MP has been breached and recommend action. Given the prevailing situation, it is most likely the committee would rule in favour of the UNP leader because even some government members in the Privileges Committee have voiced their opposition to this agreement,” he said.
The 12-member Ethics and Privileges Committee of Parliament comprises of six from the government and six from the opposition. They are Tharaka Balasuriya, M .U. M. Ali Sabry, Vijitha Berugoda, Kanaka Herath, Anuradha Jayaratne, Kabir Hashim, G. G. Ponnambalam, Dr. Wijeyadasa Rajapakshe, A. Aravindh Kumar, Velu Kumar, Kokila Gunawardene, Premitha Bandara Tennakoon, Shan Vijayalal de Silva, C.V. Wigneswaran, Gevindu Cumaratunga and Prof. Ranjith Bandara.
Parliament sources said that the Article 4 (c) of the constitution provides an exception to the rule that judicial power of the people should be exercised by Parliament through the courts. In matters relating to parliamentary privileges, parliament itself directly exercises a degree of judicial power.
The provisions of the Parliament (Powers and Privileges) Act No 21 of 1953 and its subsequent amendments, the Supreme Court as well as the Parliament has jurisdiction to hear cases relating to breaches of privileges.
The Ethics and Privileges Committee can examine all matters relating to privilege with reference to the facts of each case and decide whether there has been any breach, if so its nature and circumstances and make such recommendations as the committee may deem fit.
The committee is empowered to send for persons, documents and other records and do everything necessary for the fullest investigation of the matters referred to it, these sources said.
“The legitimacy of the agreement is being questioned and has already been challenged in the Supreme Court. There are some Privileges Committee members belonging to the government who consider that this agreement is against the national interest. It is most unlikely that the issue would be decided in favour of the government if Wickremesinghe’s privilege matter is referred to the committee by the Speaker.
“That will certainly upset the apple cart,” he said on Friday.
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Sun directly overhead Pomparippu, Anuradhapura, Mihinthale, Galenbindunuwewa, Agbopura and Serunuwara about 12:11 noon today (11)
On the apparent northward relative motion of the sun, it is going to be directly over the latitudes of Sri Lanka from 05th to 15th of April in this year.
The nearest areas of Sri Lanka over which the sun is overhead today (11th) are Pomparippu, Anuradhapura, Mihinthale, Galenbindunuwewa, Agbopura and Serunuwara about 12:11 noon.
News
Opposition NCM against Energy Minister defeated
A no-confidence motion brought by the Opposition against Energy Minister Kumara Jayakody was defeated in Parliament yesterday by a majority of 104 votes.At the end of the debate, 49 members voted in favour of the motion, while 153 voted against it.
The motion, submitted to the Speaker on 19 March, was signed by Opposition Leader Sajith Premadasa, SJB MPs, and other Opposition members.
It accused Minister Jayakody of failing to ensure the procurement of adequate and quality coal for the Lakvijaya Coal Power Plant in Norochcholai, alleging that such negligence amounted to a breach of ministerial responsibility over a critical national energy asset.
The motion also cited ongoing legal proceedings against the Minister, noting that he has been indicted by the Commission to Investigate Allegations of Bribery or Corruption and produced before the Colombo High Court under Section 70 of the Bribery Act, in connection with alleged acts of corruption during his tenure as Procurement Manager of the Ceylon Fertiliser Company Limited.
The motion read: Vote of No Confidence against Kumara Jayakody, Minister of Energy,— Whereas the Provision in Section 6 of the Part III of the Code of Conduct for Members of Parliament which states that: “The Members shall on all occasions act in accordance with the public trust entrusted with them and shall always behave with probity and integrity, including the use by them of any public resources.” has been violated; And whereas the following rules of conduct set out in Section 9 of the Part V of the Code of Conduct for Members of Parliament have prima facie been breached, namely:- “(a) to be conscience; (c) to act so as to merit the trust and respect of the people; (e) to hold themselves accountable for the conduct and duties for which they are responsible;” And whereas it is observed that the Minister has failed, in his capacity as a Minister of the Cabinet of Ministers, to discharge the fundamental duties incumbent upon him in accordance with Article 28 of the Constitution;
And whereas it is established that the Minister of Energy has failed to discharge his primary duty of ensuring the procurement of adequate and good quality coal for the Norochcholai Lakvijaya Coal Power Plant;
And whereas such gross negligence in overseeing a critical national energy asset constitutes a fundamental breach of ministerial responsibility;
And whereas the Minister of Energy has failed to carry out the subjects and functions vested in him by the Notification of Gazette Extraordinary No. 2412/08 of 25th November 2024 of the Democratic Socialist Republic of Sri Lanka, including taking necessary steps to reduce the losses at the institutional management level and technical damages that occur to the electricity generation and distribution system and reduction of costs for generating electricity and removal of uncertainties during generation;
And whereas the Commission to Investigate Allegations of Bribery or Corruption has filed formal indictments before the Colombo High Court against the incumbent Minister of Energy under Section 70 of the Bribery Act (Chapter 26) for the offence of “corruption” in connection with acts of corruption allegedly committed while he was serving as the Procurement Manager of the Lanka Fertilizer Company;
And whereas, in light of the foregoing, the Minister of Energy has irretrievably forfeited the confidence of Parliament and the people of Sri Lanka by causing losses to public finances, endangering national energy security, corruptly mishandling the procurement process, being subjected to active judicial proceedings for the offence of “corruption”, and betraying the Government’s own “anti-corruption mandate”, and his continued tenure as the Minister of Energy is contrary to the public interest, the rule of law, and the principles of good governance;
That this Parliament resolves that it has no confidence in the competence of Kumara Jayakody, Minister of Energy to function as a Minister of the Cabinet of Ministers any longer.”
by Saman Indrajith
News
Chinese Ambassador assures Lanka China will not allow a fuel crisis to develop here
Chinese Ambassador to Sri Lanka Qi Zhenhong yesterday assured that China would not allow a fuel crisis to arise in Sri Lanka, under any circumstances, reaffirming Beijing’s continued support to the country.
The Ambassador made these remarks addressing the media after attending a dry ration distribution programme for 350 low-income families at Sri Chandananda Buddhist College, at Asgiriya, in Kandy.
Highlighting the longstanding ties between the two countries, Ambassador Qi said China has consistently stood by Sri Lanka and remains ready to extend assistance whenever required.
Amid concerns over global energy disruptions, stemming from the ongoing Middle East conflict, he noted that several countries are already facing difficulties, but stressed that China is prepared to support Sri Lanka at any time.
He said that any potential fuel shortage in Sri Lanka could be managed with the involvement of China’s Sinopec.
Reiterating Beijing’s commitment to Sri Lanka’s economic recovery and development, the Envoy also expressed hope that the current ceasefire in the Middle East would hold, while assuring that China stands ready to respond to any future developments and assist Sri Lanka as needed.
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