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SLMC crisis: AMS writes to President Gotabaya Rajapaksa

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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.



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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