Political Column  

Does it seem they can agree to disagree?
By Our Political Editor
The Bribery and Corruption Commission may finally be coming out of its extended slumber. As the Editorial in this newspaper highlighted last week, the Commission had not been able to function due to various circumstances, including the fact that there was no quorum to sign documents, as one of the Commissioners had died, and there was no replacement. This newspaper has on various occasions deplored the attitude reflected in this farcical state of affairs, on the part of government and opposition on the issue of Bribery and Corruption in the country.

This week, the Prime Minister, in a sprit of political consensus which we daresay is related to the larger issues of securing peace through a national consensus etc., convened a party leaders meeting to discuss some key issues. It was decided here that the Bribery and Corruption Commission be enlarged to hold five Members, and to make the quorum four out of five members to enable the Commission to function even in the event of death or absence of one of its members.

It was also decided that the Commissioners need not necessarily be from the ranks of retired Supreme Court judges. Eligibility will henceforth include others such as bankers, financial experts etc., and those who have excelled in public endeavour.

With Dinesh Gunawardene being elected to the Chair of the Electoral Reforms Committee and this being accepted by the Speaker, that particular matter also seemed to be looked after ' by way of consensus.'' The Prime Minister had reason to be happy, and further measures that were taken were to appoint 19 members to the Oversight Committees, and to draft a collective Code of Conduct for MPs enlisting the help of civil society organisations - - primarily the Organisation of Professional Associations.

But however cosy anyone wants the relationship between the two major political entities/parties of the country to be, the fact is that realpolitik always intrudes. Though everything is planned in a spirit of consensus - --a new political culture and what have you -- the fact is that old political realities die hard.

Party leaders
This is why it was decided at the Party Leaders meeting, that all political parties would ensure in the future that persons with criminal records will not be granted nominations for elections etc., The consensus among political leaders present was that no party wants to unilaterally and entirely on their own deprive nominations to persons with criminal records, because the party will always be looking over its shoulder to see whether opposition parties do the same. This is because some of these persons with criminal records have a large support base in the electorate despite - - and sometimes because of -- their criminal record.

It was perhaps with this spirit of consensus politics in mind that the Prime Minister met the President at President's house on Thursday and discussed matters related to the peace process and the interim Administration and the matter of two documents -- one to the LTTE and one to the President. The two-documents issue was almost being played out as a fiasco by the time of the PM-Presidential summit last week.

Ex-Minister and Presidential right-hand-man Lakshman Kadirgamar was present at this meeting between Prime Minister and President, mainly as the Prime Minister is more comfortable with the calming presence of Mr. Kadirgamar around.

The Prime Minister's position was that there was only one document -- which was handed over to both the President and the Norwegian facilitator who took the document to the Wanni for perusal by the LTTE. However, he maintained that the facilitator had entered some of the matters arising from the oral discussions with government frontliners into the document that was finally delivered to the LTTE.

The Prime Minister's approach was an amicable one; he made it clear that the President's suggestions on the Interim administration proposals, if any, can be incorporated after suitable perusal.

The President had just the previous evening met with Editors and Deputies of national newspapers in a cosy outdoor chat about affairs of state on the lawn outside President's house. Barring a few waiters and her rather cute but big made dog, only journalists and PA heavyweights including opposition leader Mahinda Rajapakse, Mangala Samaraweera, Lakshman Kadrigamar , Sarath Amunugama and the President's newly appointed Secretary and her media personnel were privy to the discussion.

She said here -- under some intense scrutiny from the Sudaroli Editor for instance -- that the LTTE is not interested in federalism, and that the Provincial Interim Administration cannot be viable because there was literally nothing at the end of it.

Superfluous
The public know clearly now that this is her position.

The position of the government on the other hand, articulated by Professor Peiris, is that talks will resume by September, because the LTTE is bound to come back with its proposals. The government's position on the fact that the President maintains that it is an ''interim towards nothing'', however is that the broad contours of the issue have been identified.

The government's position is that if a final solution has been reached, and if a final document on a political solution is already available, then the only thing that would be left to be done is to go ahead and implement it. An Interim, if a final document is already there, is superfluous, in the opinion of the government.

But the need for an Interim is that the broad contours of the political solution such as federalism etc.., have been identified in the previous negotiations. The Interim is necessary in the period that these contours take proper shape and form, to constitute a final written-down solution. That is the government's position.

There is no doubt about it. The President was pointedly and very clearly critical of the government's Interim administration proposals. But also, despite that, what was very clear was that she seemed to be making this criticism in a constructive spirit - - for the simple reason that she said she is for consensus politics. For example, when asked by the Editors present whether she will dissolve parliament and sack Ministers, as her brother Anura Bandaranaike keeps saying she will, she said 'Anura Bandaranaike's opinions are entirely his own and clearly do not represent either my views or those of the party.''

That pointed statement, about her brother, was clearly in a spirit of consensus, and was also incidentally perhaps a pleasant message to some of the others present -- the leader of the Opposition being one.

Another issue that was resolved this week was the matter of the Cabinet minutes. As Minister G. L. Peiris seemd to predict last week (refer last week's political column this space) the relevant expert from the amended Cabinet minuets, as amended by the Secretary states: on receipt of the LTTE response to the proposal, a detailed proposal will be worked out. At that point the proposal will be discussed with the President and the Cabinet. President requested that even the general framework should be discussed at the Cabinet. Minister of Constitutional Affairs explained that this will not be useful at this stage.''

That the Minister ''refused to discuss'' the Interim Admiration proposals was therefore, according to amended Cabinet minutes, not the case. It was just that he had considered it ''not useful'' to discuss these proposals at this stage.

Both semantically and practically, therefore, this week seemed to be one of consensus amidst diversity and disagreement.

As if one controversial MoU wasn't enough…

The much discussed Memorandum of Understanding between the government of Sri Lanka and Emirates on Sri Lankan Airlines was one of the subjects that came up at the UNP working committee meeting held earlier this week.

Mr Charitha Ratwatte was livid when news broke out last weekend in the local press accusing him of signing the MoU on behalf of the Government without the knowledge and sanction of his Minister K.N. Choksy. In fact, on Monday he had stormed his Minister’s room and asked him why he told the press that he was unaware of the signing of the MoU.

When confronted with the fact that the Cabinet Economic Sub-committee presided over by the Prime Minister himself had approved the MoU, the Minister had merely stared at the ceiling.

The fact is that the signing of this agreement was approved at a meeting of the Economic Policy committee of the Cabinet on Tuesday the 6th of May in the presence of the Prime Minister and the Minister of Transport, Highways and Civil Aviation Tilak Marapana, among others.

Minister Choksy was on a bad wicket. Could he have simply forgotten? Should he have let his Secretary down with nary a checkback to ensure what he was saying was true?

In fact the MoU had been placed before the Cabinet Committee on Economic policy May 6th but it was not forwarded for approval by the Cabinet, as is normally done in matters of importance, Minister Marapana admitted this at the UNP Working Committee meeting.

On the same day that the Committee for Economic policy discussed the Sri Lankan Airlines MoU, it also discussed the contract for the Katunayake expressway, and the contract for the privatisation of 6 state owned bus companies.

Both these matters went up for approval to the Cabinet but not the Memorandum of Understanding between the Government of Sri Lanka and Emirates on SriLankan Airlines.

The document was signed by Emirates and the Secretary, Ministry of Finance, and then submitted to the Attorney General for his opinion.

The Attorney General has observed in a written opinion that many clauses are legally faulty, while others are against the interests of Sri Lankan Airlines and the government.

At this week's meeting of the Cabinet Committee on Economic affairs, Mr K. C. Kamalasabayson, Attorney General who was present stood by his opinion while Minister Ravi Karunanayake drew attention to some of the aspects of the MoU which were detrimental to SriLankan Airlines.

So, though Charitha Ratwatte is correct when he says the Cabinet Committee on Economic policy discussed and in fact approved the MoU, that doesn't seem to complete the picture.

The whole Emirates MoU episode can in this light, be seen as the larger manifestation of the crisis between the Ministers of Cabinet and Ministry of Finance officials. Is the Ministry of Finance acquiring a life of its own sans the Minister? Or is the Minister living in a Government without keeping abreast of what’s happening in the Cabinet committees? In the Sri Lankan Airlines matter, that seems to be the clear undercurrent of frontline Government opinion.

Ratwatte seems determined to hold his ground amidst all of this however, and party stalwarts pitied his role as being seen by some interested parties as an obstructionist to their grand designs of dismantling the State apparatus for them to milk it thereafter.


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