News
SLMC crisis: AMS writes to President Gotabaya Rajapaksa
The Association of Medical Specialists (AMS) warned that the questionable action by the Minister of Health to remove the president and four members of the Sri Lanka Medical Council (SLMC) can adversely affect the stability, independence and reputation of the regulatory body.
“To the best of our knowledge, there is no provision in the present medical ordinance to remove the President or any member of SLMC by the Minister of Health before the end of their terms. Parliamentarian Tissa Vitarana had also expressed similar sentiments recently in Parliament”, AMS president, Dr. L. A. Ranasinghe says in a letter addressed to President Gotabaya Rajapaksa.
In his letter dated December 3, 2020, he said the AMS, which wholly comprises government medical and dental specialists, would like to draw attention to the unfortunate crisis situation in the SLMC.
The letter further said: “As you are aware, SLMC is an independent statutory institution which is responsible to look after the patient’s rights and safety and the standards of medical education and ethical medical practice in our country. In order to perform these important functions, SLMC has to be independent, stable and free from undue influences from political and trade union activities”.
The AMS noted that the Minister of Health recently appointed a five-member committee to investigate the conduct of the SLMC in order to address the complaints received against the SLMC. Upon receiving this committee’s recommendations, the Minister removed only the President and four members of SLMC before the end of their term of office. We find this action unfair and is detrimental to the stability of the medical council due to following reasons:
* Although the five-member committee found certain deficiencies and shortcomings of the SLMC, it never found specific wrongdoings of any particular member or group of members. It is in this background we feel it is unfair to remove only the president and four members before the end of their term. To our utter dismay, one such member removed by the Minister was Prof. Narada Warnasuriya, a highly-respected medical professional and a former Dean, Vice Chancellor and past president of the Sri Lanka Medical Association.
* We were reliably informed that when the SLMC delegation met and submitted the comprehensive 300 page document related to the terms of references to the five-member committee, the SLMC delegation clearly stated that all the relevant decisions taken by the SLMC members are binding in nature. The signatories to this written submission included Prof. Vajira Dissanayake, who is the Minister’s present nominee for the post of SLMC president. Hence, it is unfair to single out any member of the SLMC for whatever deficiencies or shortcomings found by the five-member committee, unless there is another specific inquiry for that purpose.
* AMS strongly objects to the recommendation of the five-member committee regarding the long overdue election of four specialists from the specialists registry to SLMC. The five- member committee has proposed for a “separate election later when the specialist registry is completed and sanctioned”. This recommendation is baseless and unacceptable as the specialists registry is now established and more than adequate time was given for specialists to apply for the specialist registration and no further sanction is needed as this election and the other components of the specialist registry was passed as an act of parliament in 2018 (Act no 28 of 2018). We firmly believe that this is a subtle and sinister attempt to postpone the election of medical specialists to SLMC to satisfy a certain trade union who wants to take over the control of SLMC.
The letter added: “We were reliably informed that the change of Presidency at the SLMC can lead to recommencement of all disciplinary inquiries from the beginning affecting both the complainants and the defendants of such proceedings.
“The AMS believes that the above mentioned irregularities happened primarily due to the wrong composition of the five-member committee appointed by the Minister of Health. As we have pointed out to the Minister earlier, this committee included two very active members and a past active member of certain trade union which was the main complainant against the SLMC.
“This improper composition removed the impartiality of this committee, which came up with biased and unfair recommendations. It’s of paramount importance to maintain the independence, stability and the good reputation of SLMC in order to perform its statutory function of regulations of medical practice to ensure patient’s rights and safety. Anything to the contrary can also adversely affect the recognition of Sri Lankan medical degrees by the foreign medical councils causing a major obstacle for overseas training of medical post graduates. In the past the SLMC itself, AMS and other patient rights groups have proposed to change the medical ordinance so that other relevant non medical professionals like retired judges, eminent lawyers and accountants can be appointed as a certain proportion to SLMC as council members.
“This will ensure a more holistic and transparent approach to decision making of SLMC in line with internationally accepted standards”.
Taking these facts into consideration, the AMS has asked the President to reconsider and reverse the decision to remove the President and four members of the SLMC in order to maintain the independence and the stability of the independent body.
News
Harsha flays govt. over plan to pass coal, Treasury losses to public
Chairman of the Public Finance Committee Dr. Harsha de Silva, MP, yesterday (31) said that the National People’s Power (NPP) government was going ahead with a controversial move to pass on the massive losses caused by the coal scam to the public. The government also intended to recover USD 2.5 (approximately Rs 800 mn) lost by the Treasury from the people by introducing an amendment to the Budget, the Opposition lawmaker alleged.
Dr de Silva said that the government had been compelled to increase the supply of diesel for the oil-fired power plants to meet the Norochcholai generation shortfall due to the use of substandard coal.
Responding to The Island queries, the former State Minister said that regardless of repeated assurances that electricity consumers wouldn’t be burdened for the lapse on their part, the government, in writing, has assured the International Monetary Fund (IMF) to recover the losses from the public. This came to light after the IMF released the Letter of Intent submitted by the government following the completion of the combined Fifth and Sixth Reviews under the Extended Fund Facility (EFF) programme to receive USD 695 mn.
Commenting on the specific assurance as regards the upward revision of fuel prices and electricity tariffs, MP de Silva pointed out the government’s assurance of its commitment to cost-recovery pricing for fuel and electricity meant that subsidies provided to ease the burden on households and businesses would remain within budgeted limits and be phased out by the end of September 2026.
Welcoming the USD 695 mn IMF loan, MP de Silva said that in terms of the agreement between the government and the IMF, the relief would end once Rs 100 bn allocated to provide relief was spent on subsidies on fuel (Rs 57 bn), electricity (Rs 15 bn) and the rest on ‘Aswesuma’ social welfare scheme and fertiliser.
MP de Silva said that the crisis should be examined taking into consideration that Sri Lanka paid very high prices to procure fuel in the wake of the continuing turmoil in West Asia. He noted that having perpetrated a coal scam the government could not under any circumstances absolve itself of responsibility for the skyrocketing electricity tariffs.
Commenting on the Sri Lanka-IMF agreement, lawmaker de Silva lambasted the government for utterly chaotic and poor management of the economy. Severe criticism was directed at the government over the rapid depreciation of the rupee against the USD and the NPP’s pathetic performance. Amidst speculation that De Silva may switch allegiance to the NPP, the MP also posted a video in which he flayed the government alleging the NPP couldn’t take forward measures taken by former President Ranil Wickremesinghe.
MP de Silva explained how the people would end paying for the theft of USD 2.5 by way of an amendment to the Budget. The MP told The Island that assurance meant that the government acknowledged that there was no hope of recovering USD 2.5 mn though they talked of investigations and progress being made. De Silva called for a combined Opposition effort to pressure the government to act responsibly in the face of growing challenges.
The government couldn’t lie as the relevant IMF report and the government letter of intent were in the public domain, Dr de Silva said.
by Shamindra Ferdinando
News
PM opens Vesak pandals
Two Vesak pandals erected in the Colombo area to mark Vesak Poya were ceremonially opened under the patronage of Prime Minister Dr. Harini Amarasuriya.
The Prime Minister first opened a pandal depicting the Sambula Jataka, constructed by the Sri Vaishakya Society of the Borella Magazine United Traders’ Association. She subsequently attended the opening of another pandal at the Grandpass Kosgas Junction, which portrays the Samudra Vanija Jataka tale, and ceremonially inaugurated it by lighting a traditional coconut-oil lamp.
The event was attended by members of the Maha Sangha, clergy of other faiths, Members of Parliament Dr. Najith Indika, Attorney-at-Law Lakmali Hemachandra and Dilith Jayaweera, Deputy Inspector General of Police Nihal Thalduwa, former Member of Parliament Thilanga Sumathipala, and President of the Magazine United Traders’ Association Palitha Herath, among others.
News
UNP challenges NPP move to amend Vihara – Devalagam Act
The UNP yesterday said that the government did not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary had the power to interpret the Dharma, it added. The power to pass laws on disciplining the clergy had been granted to Parliament in terms of Article 105 of the Constitution, the UNP said, emphasising that the ultimate powers lay with the committees of the respective sects.
The UNP said so in response to President Anura Kumara Dissanayake’s recent speech that a concept paper had been submitted for amending the Vihara – Devalagam Act and the Cabinet had approved it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he discussed the matter with the Buddhist MPs in the Opposition.
Excerpts of the statement issued by former President Ranil Wickremesinghe’s Office: ” President Anura Kumara Dissanayake has recently publicly agreed to a call to take the same measures as previous kings in cases where the Buddhist religion is distorted under the guise of Dhamma.
Over our history we have seen some kings kill the Sangha during their reigns. The JVP also killed the Sangha in the same way during the years 1987-89.Kotikawatte Saddhatissa, Weltota Pangnadassi, Beligalle Mahinda, Kumbagoda Gnanaloka, Athurugiriya Pangnatissa, Soragune Pangnasara, Pelpola Dharmapala, Kandy Dhammarakkhitha and many other monks are included in the list of the JVP’s assassinations.
Apart from shedding the blood of the Buddha, the greatest sin that Buddhists can commit is the killing of the Sangha. The JVP has not apologised for the killings. Is it moral for the President to accept this invitation without first taking this step?
In addition to killing the Sangha, the JVP also looted valuable historical items from the monasteries and temples.
The JVP has never accepted that Buddhism should be given priority politically. The JVP has always acted against Buddhism.
A major question that arises from this is whether the JVP, which has a history of killing monks, can do such a thing after taking power. What is the hidden motive here?
Mr. J. R. Jayewardene took steps to include a separate chapter in the 1978 Constitution to take necessary measures for monks who behave undisciplined and engage in crimes. Provisions were made for the establishment of a Sangha Court to decide on the discipline of monks.
What did the NPP government done during the Sinhala and Tamil New Year? It disrupted all the auspicious signs. While the whole world was celebrating Vesak Poya on May 1st, the Vesak Poya day in Sri Lanka was postponed to a later date in order to hold political rallies.
There is no objection to taking action against unruly monks. But there is a procedure for how to discipline monks. Cabinet papers related to this should be prepared and presented to the Maha Sangha led by the Mahanayaka Theros and then a decision should be taken. Everything should be carried forward according to the existing tradition in the country.
The President has also expressed his views on taking monks to court. He has expressed such views without understanding the tradition. Taking wrong-doing monks to court in their robes is not something that only happened yesterday. Thalduwe Somarama and Mapitigama Buddharakkhita were presented to court wearing their robes for the assassination of Mr. Bandaranaike and later their robes were removed. This is not limited to monks. Father Mathew Peiris first came to court for legal proceedings wearing his robe. Accordingly, the monks who are currently acting in an undisciplined manner must also follow the same procedure that was implemented earlier.
The President mentioned in his speech that a concept paper was submitted for amending the Vihara – Devalagam Act and the Cabinet agreed to it. The President further stated that he had held a discussion with the Registrar, the Commissioner for Buddhist Affairs and the Attorney General. It is not known whether he had discussed this matter with the opposition Buddhist parliamentarians. This work has all been done only by the government without any consultation.
The government does not have the power to establish a Dharma Court. According to the Constitution, neither the executive, the legislature nor the judiciary have the power to interpret the Dharma. The power to pass laws on disciplining the clergy has been given to Parliament under Article 105 of the Constitution. However, the final powers lie with the committees of the respective sects. At present, this work has been done by the cabinet, officials and a handful of monks of a government that does not accept Buddhism.
The temples with the most assets and properties today are in the monasteries and temples that fall under the Vihara – Devalaya Village Act. It is no secret that the Janatha Vimukthi Peramuna (JVP) is taking the position that these temples should be taken under government control. There is a strong suspicion that the Dharma Court is being created for this purpose.
An organized program to destroy Buddhism is being implemented today through government-affiliated social media. A section of civil society is also involved in it. What is always happening today is the marginalization of the Buddhist monastic-lay opinion.In the President’s speech, a reference was also made to the holding of the World Buddhist Congress in this country under the current government.
Such a situation is also indicated in the Vasala Sutta.
“Na jaccha vasalo hoti,
Na jaccha hoti brahmano;
Kammana vasalo hoti,
Kammana hoti brahmano”
Its Sinhala meaning is as follows.
“One is not a householder by birth.Nor is one a Brahmin by birth.One becomes a householder or a Brahmin by one’s actions.”
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