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Way cleared for National Hydrographic Bill

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Justice Minister Dr. Wijeyadasa Rajapakshe, PC, stresses a point before the Sectoral Oversight Committee on National Security.(Pic courtesy parliament)

SC asks Parliament to address inconsistencies in four clauses at committee stage

By Shamindra Ferdinando

The Sectoral Oversight Committee on National Security has given the go ahead for the enactment of the National Hydrographic Bill.

Chairman of the Committee, Rear Admiral (Retd.) Sarath Weerasekera recently told a senior delegation that represented the National Aquatic Resources Research and Development Agency (NARA) it could propose amendments through the relevant Minister at the committee stage.

The former Navy Chief of Staff said so responding to the NARA declaration that the new law would deprive the agency of some of its current responsibilities.

Navy Commander Vice Admiral Priyantha Perera stressed the importance of the new law that would help the country to earn significant income in USD terms. VA Perera explained how the national economy could be strengthened by bringing in the new law.

Having declared its strong opposition to the Bill, NARA Scientists’ Association President S.P.K. Liyanage moved the Supreme Court. Since then, the SC has sent its ruling to Speaker Mahinda Yapa Abeywardena. In addition to NARA, hydropgrapher Don Lalith Priyankara Hewage, Liyanage Prasad Augustus Shanthapriya Perera, President, Surveyors Institute of Sri Lanka, filed action under Article l21 read with Article 123, Article 78, and Chapter XVI of the Constitution.

The determination was made on Nov 16, 2023 by Justices Yasantha Kodagoda, PC, Mahinda Samayawardhcna, and K. Priyantha Fernando.

Justice Minister Dr. Wijeyadasa Rajapakshe recently declared in Parliament the apex national institute vested with the responsibility of carrying out and coordinating research, development and management activities of aquatic resources in the country has failed in its primary responsibilities. The new law is meant to constitutionally empower the Navy to prepare Electronic Navigation Charts (ENC) and Nautical Charts required by foreign vessels passing through Sri Lankan territorial waters, Minister Rajapakshe said.

Declaring that four of the claues in the Bill were inconsistent with the Constitution, the SC bench recommended that the amedments recommended by the apex court be moved at the committee stage.

They are:

Vice Admiral Priyantha Perera
(Pix courtesy Parliament)

(A) Clause 15(2) (c) of the Bill is inconsistent with Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84 (2) of the Constitution. However, that inconsistency could be rectified if clause 15(2) (c) is amended to read as follows:

“Be a Hydrographic Surveyor with at least 15 years post-qualification experience in

(i) engaging in professional activity of a Hydrographic Surveyor;

(1i) hydrographic project management and

(iii) thorough understanding in nautical cartography.”

(B) Clause 23(3) of the Bill is inconsistent with Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84 (2) of the Constitution. However, the said clause would cease to be inconsistent if it is read as, instead of “the office may cancel”, “the Office may after due inquiry cancel”

(C) Clause 25 of the Bill is inconsistent with Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84(2) of the Constitution. Clause 25 would cease to be unconstitutional if the word “or” is deleted and the word “and” is substituted therefor.

And (d) Clause 43 of the Bill is inconsistent with Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84 (2) of the Constitution. However, the above inconsistency would cease to exist if the words “or special” is removed from Clause 43, the power to issue directions is qualified in the following manner and for the amended clause to read as-

“Minister may from time to time, for the purpose of giving effect to the objectives of the Act and state policy, issue to the Council, general directions as to the exercise, performance and discharge of the powers, duties and functions of the Office.”

The Parliament is expected to debate this Bill in the early part of this year.



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Financial contribution from Gift Sri Lanka Foundation and the Georgia Buddhist Vihara, USA, for disaster relief

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In support of relief efforts for communities affected by the Ditwah cyclone, Gift Sri Lanka Foundation and the Georgia Buddhist Vihara (GBV), USA, have made a financial contribution of USD 16,000 to the Government’s ‘Rebuilding Sri Lanka’ Fund.

The relevant cheque was formally handed over on Thursday  (18) afternoon at the Presidential Secretariat by the Chief Incumbent of the Georgia Buddhist Vihara, Most Venerable Panamwela Vajirabuddha Nayaka Thero, to the Secretary to the President, Dr. Nandika Sanath Kumanayake.

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European Union provides over Euro 2.35 million Humanitarian Assistance to Sri Lanka

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The European Union has allocated a total of Euro 2.35 million of financial assistance to Sri Lanka. This includes Euro 500,000 through IFRC and Euro 1.85 million through DG-European Civil Protection and Humanitarian Aid Operations (ECHO) partners, WFP and UNICEF as humanitarian assistance to Sri Lanka, in response to the impact of Tropical Cyclone Ditwah,

In addition to the above allocation, the Union Civil Protection Mechanism (UCPM), which brings together 37 participating States, all 27 EU member States, as well as Albania, Bosnia and Herzegovina, Iceland, Moldova, Montenegro, North Macedonia, Norway, Serbia, Türkiye and Ukraine, is providing in-kind assistance to Sri Lanka.

As a part of the UCPM in kind assistance being provided, on Wednesday, 17th December, Sri Lanka received an aid shipment, with two air cargo flights arriving in Colombo from Germany, France and Luxembourg. This aid shipment included 83 tonnes of relief items such as family tents, mattresses, hygiene and kitchen kits, beds and water filters. The supplies are intended for distribution among communities most affected by the cyclone.

The arrival of the assistance was welcomed by the EU Ambassador to Sri Lanka, Carmen Moreno, French Ambassador, Rémi Lambert, and the Deputy Head of Mission at the German Embassy, Sarah Hasselbarth. On behalf of the Government of Sri Lanka, the donations were received by Sugeeshwara Gunaratna, Director General / Europe & North America, Ministry of Foreign Affairs, Foreign Employment & Tourism and Chathura Liyanarachchi, Director, Disaster Management Center (DMC).

Italy has also provided a team of structural engineers to support Sri Lanka’s disaster assessment and recovery process.

Furthermore, the EU has activated its Copernicus Emergency Management Service (EMS) in rapid mapping mode, with around 30 maps produced so far.

The European Union has committed continued cooperation and support to Sri Lanka’s disaster recovery and rebuilding process, reaffirming the enduring friendship and strong partnership between Sri Lanka and the European Union.

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Sajith: Met Dept. officials under virtual house arrest

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Sajith Premadasa

… hands over proposal asking for PSC probe into govt.’s lapses

Opposition and SJB leader Sajith Premadasa yesterday accused the government of having gagged the Meteorology Department officials, who, he said, had been placed under virtual house arrest. He claimed that they had been barred from speaking to the media.

Speaking in Parliament, Premadasa said withholding information from the public was unacceptable. He insisted that the Meteorology Department and international agencies had repeatedly issued warnings about extreme weather events between November 11 and 26. He demanded to know why Sri Lanka’s disaster management mechanism had not been activated in a timely manner.

“The key issue is why the country’s disaster management system failed to respond when the risks were clearly identified,” he told the House, describing the lapse as a serious failure of governance.

Condemning attempts to silence officials, Premadasa said acknowledging mistakes was the only way forward. “If we are wrong, we should admit it. If we are right, we should say so. Silencing professionals will help solve problems.

The Opposition Leader also called for a National Disaster Response Force and amendments to the Disaster Management Act to strengthen preparedness and response mechanisms.

Premadasa and several other Opposition MPs have submitted a formal proposal to the Speaker seeking the appointment of a Parliamentary Select Committee to investigate the government’s failure to mitigate the impact of Cyclone Ditwah.

The Opposition has demanded a 30-member select committee tasked with producing a comprehensive report on the institutional and administrative failures during the disaster.

Describing the government’s lack of preparedness as deeply regrettable, the MPs have said that timely action would have helped save many lives and reduced the scale of destruction caused by the cyclone.

By Saman Indrajith ✍️

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