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RTI law: Secy Gen, not Speaker, gatekeeper of parliament

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…info cannot be withheld on the basis of parliamentary privileges and privacy of MPs

By Shamindra Ferdinando

The releasing of information in response to the Right to Information (RTI) queries was the prerogative of Secretary General of Parliament, Hansa Abeyrathne, Assistant Secretary General, Parliament and Information Officer (IO) said.

The House official said so in response to a recent The Island RTI query pertaining to the landmark Court of Appeal ruling that information sought by journalist Chamara Sampath of Wijeya Newspapers also under RTI law be released two years and three months after the petitioner lodged an appeal with the RTI Commission.

The Court on Feb 28, 2023 reaffirmed the RTI commission’s stand that Declarations of Assets and Liabilities Law of 1975 (DALL) didn’t prevail over the Right to Information Act no. 12 of 2016 (RTI Act). A member of the RTI commission told The Island that the new ruling meant a Fundamental Right in terms of the 19th Amendment to the Constitution, is superior to DALL.

Abeyrathne said that parliament rejected the RTI request made on June 21, 2018 by Chamara Sampath. That decision had been taken by the then IO Tikiri K.Jayathilake, Abeyrathne said in response to our query whether the Speaker decided on that matter. Karu Jayasuriya served as the Speaker at that time. Jayathilake has declined to disclose the requested information on August 21, 2018, exactly two months after Chamara Sampath made the request in terms of RTI law.

The first appeal to then Secretary General Dhammika Dasanayake who functioned as the Designated Officer (DO) pertaining to RTI matters had been made on August 30, 2018 and he had rejected the request on Sept 07, 2018, hence the decision on the part of the journalist to seek the RTI Commission’s intervention on Sept 11, 2018.

On March 23 this year, Kushani Rohanadeera received the appointment as the Secretary General. She also functions as the DO.

Asked whether the then Speaker Jayasuriya decided to take legal action to prevent the disclosure of information sought by the journalist? Abeyrathne said that the then Secretary General Dhammika Dasanayake moved the court in that regard.

The journalist has asked for a list of names of Members of Parliament (MPs) who have handed over their respective declarations of assets and liabilities in 2018 and list of names of MPs who have handed over their Declarations from 2010 to the time he made the request.

There hadn’t been any legal fees as the Attorney General’s Department represented parliament, Abeyrathne said. According to him, since the enactment of Right to Information Act, No. 12 of 2016, the parliament moved court in this regard only once (CA/RTI/0004/2021).

In addition to Abeyrathne, Chaminda Kularatne, Chief of Staff and Deputy Secretary General of Parliament also functions as the IO.The court found fault with the Secretary General of Parliament for holding back information that should have been released without hassle.

The bone of contention according to the court ruling has been whether the requested information should be sought from the Speaker in terms of DALL or the IO and then appealed to the DO.

According to the RTI Commission, the DO as claimed by Chamara Sampath has declined to disclose information even after the Speaker asked him to do so. The Attorney General has declined to advise parliament whether the Speaker could release information due to a related matter being pending at the Court of Appeal.

Finally, the Court of Appeal upheld the RTI Commission’s assertion that the requested information should be released regardless of DO’s stand that the Speaker and the Secretary General were separate and distinct positions in parliament.



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Consumers bearing 22% tax burden despite 18% VAT claim: Dr. Harsha de Silva

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Dr. Harsha

Dr. Harsha points out masses are burdened with cascading taxes

While online casinos and betting roam free without being taxed

Opposition MP Dr. Harsha de Silva yesterday alleged that the actual tax burden on consumers was closer to 22 percent, despite the Government’s claim that Value Added Tax (VAT) stood at 18 percent, due to the cascading impact of the Social Security Contribution Levy (SSCL).

Speaking to the media, Dr. de Silva said the SSCL was imposed at several stages of the supply chain, including manufacturing, distribution, logistics and retail, with the additional costs ultimately being passed on to consumers.

He also criticised the Government over what he described as a delay in bringing online casinos and betting applications under the tax framework, claiming that such operators continued to earn substantial revenues without contributing taxes.

Dr. de Silva said he would closely monitor the June 30 deadline set by the Government for bringing these businesses into the tax net, and questioned the reasons behind the delay.

The Opposition MP further argued that the country’s existing tax policies had placed an unfair burden on consumers and small and medium-sized enterprises (SMEs), while allowing certain sectors to remain outside the tax system.

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Creditor not yet paid

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Apropos ‘Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds’, government sources told The Island that the payment hadn’t been made yet. Other sources, familiar with the issue at hand, said that regardless of the payments made to the tune of USD 2.5 mn to fake foreign accounts, Sri Lanka would have to settle the loans within a stipulated period or would be in default, though the due date could be altered through negotiations.

Sources explained that relevant parliamentary procedures had to be followed to make fresh payments.

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Police launch manhunt for suspect software engineer after finding body of girlfriend in abandoned car

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Police have launched a manhunt for a software engineer suspected of abandoning the body of his girlfriend inside a parked car near Teldeniya Hospital.

The deceased was identified as Shamya Darshani, 34, a physiotherapist attached to the Ampara District General Hospital.

Police said that the suspect, a resident of Gannoruwa, Kandy, had allegedly transported the woman’s body in a vehicle, left it parked near the hospital and fled. Police have appealed to the public for information leading to his arrest.

The investigation began after the victim’s brother, a resident of Kota Wewa, Thalawa, lodged a complaint with the Nuwara Eliya Police, on June 17, reporting that his sister, who had been staying at an apartment complex in Nuwara Eliya, had informed him that she had not eaten for several days.

Acting on the complaint, police searched the apartment but found it vacant. However, CCTV footage reportedly showed the suspect arriving at the apartment around 9.50 p.m., on June 16, and remaining there for about 40 minutes. The footage later showed him carrying the unconscious woman from the premises, at about 10.30 p.m. before driving away.

While Nuwara Eliya Police were investigating the disappearance, the Officer-in-Charge of Teldeniya Police received an anonymous telephone call stating that a woman’s body was inside a car, parked near the Teldeniya Hospital.

Police officers who inspected the locked vehicle found the body lying on the front passenger seat, covered with a black cloth. The vehicle was subsequently opened and the body recovered.

Further inquiries confirmed that the deceased was the woman reported missing from Nuwara Eliya.

Police investigations have revealed that the victim and the suspect had been in a relationship for about eight months. Investigators suspect that the woman had borrowed nearly Rs. 15 million from a bank and several individuals and handed the money to the suspect with plans to migrate to Canada together.

According to police, the victim had been under severe mental stress after creditors demanded repayment and the planned migration failed to materialise. She had reportedly moved into the Nuwara Eliya apartment on June 3.

Investigators said she had informed her brother that she had not eaten for three days and had also contacted a psychiatrist at the Ampara District General Hospital seeking assistance for mental distress. She had been advised to seek immediate treatment at the nearest hospital.

Her mobile phone had reportedly been switched off after 4 p.m. on June 16, prompting her brother to lodge a complaint with police.

Police also revealed that the vehicle used to transport the body belongs to another woman from the Ampara area who is also alleged to have been in a relationship with the suspect.

An open verdict was returned following the post-mortem examination, with authorities stating that the exact cause and manner of death have yet to be determined.

Further investigations are being conducted under the direct supervision of the Senior Superintendent of Police in charge of the Nuwara Eliya Division.

 by Norman Palihawadane and S.K. Samaranayake

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