Parliament

Usual fireworks herald new year in the House
By Chandani Kirinde, Our Lobby Correspondent
Any expectations that the new year would bring consensual politics among the country's legislators were put to rest in the first Parliamentary session of the year with the contentious issue of the police raid on the alleged army safe house at Athurugiriya once again exposing the deep divisions between the government and the two main opposition parties in Parliament - the PA and the JVP.

The move by the government to appoint a select committee to examine and report on the findings and recommendations of an army Court of Inquiry and the Commission of Inquiry appointed by the President to probe this issue drew fire from opposition members who accused the government of trying to supercede the powers of the judiciary.

In an apparent bid to undo the damage caused to the government's image since the release of the report of the one man Presidential Commission that levelled serious charges against several persons including the former Interior Minister John Amaratunga, Leader of the House and Justice Minister W.J.M. Lokubandara moved the motion last Thursday for the appointment of the Select Committee.

After more than two hours of arguments for and against the motion, Deputy Chairman of the Committees Siri Andrahennady ruled in favour of entertaining it.

The motion was then put to a vote on the request of Colombo district PA MP Dinesh Gunawardena with the government securing 101 votes in favour of it with 44 voting against the motion. Members of the TNA voted in support of the government.

Despite the passage of the motion, it is not clear whether PA and JVP members will agree to sit on the select committee, which they say, is illegal on the basis that Parliament has no legal authority to appoint a select committee of Parliament to review a matter that had been probed by a Commission of Inquiry. They say that the government should seek recourse from the Supreme Court if they felt that the hearing had been unfair.

"Today Parliament is trying to act as the Supreme Court. This is an attempt to whitewash the whole issue," Badulla district Parliamentarian Nimal Siripala De Silva said quoting from the Commissions of Inquiry Act under which the earlier probe was held, Mr. Silva said any inquiry under this Act is considered a judicial proceeding and calling witnesses before the select committee would violate the immunity granted to those who appeared before the Presidential Commission.

"If someone is convicted by a Magistrate Court, or High Court or even the Supreme Court, does this mean we can come here and review all those cases as well," he asked.

JVP Colombo district MP Wimal Weerawansa too pointed out the bad precedents the appointment of such a select committee would set." We have been told that we cannot refer to any matter under judicial review in the House on the grounds it is sub judice. If this motion is entertained, in the future we should have the right to discuss any case pending in court," he said.

Another opposition member Colombo district PA Member Dinesh Gunawardena too argued against the introduction of such a motion stating that this would be an encroachment on a judicial proceeding stating that a fundamental rights case filed in connection to the Police raid was pending before the Supreme Court.

Another veteran PA member Richard Pathirana was more blatant in his views. "You are devaluing the judiciary. This is akin to making Gonawela Sunil a Justice of the Peace (JP)," he said.

While many prominent government members argued for the motion and Parliamentary proceedings took on the appearance of a Court of Law with Finance Minister K.N.Choksy making the legal case for entertaining the motion by dissecting each clause of the motion and stating their conformity with standing orders of Parliament as well as the Constitution of the country.

Mr.Choksy said the decision to appoint the select committee was not a political decision but a constitutional one. Other Minister who spoke for the motion included Mr. Lokubandara, Lands Minister Rajitha Senaratne, Parliamentary Affairs Minister A.H.M.Azwer and Ports Minister Rauff Hakeem.

The matter they emphasized was the supremacy of parliament and that it was entrusted with enough judicial power to review any matter. "Our legislative powers here are restricted to making laws. There are many more powers we can exercise as the representative of the people in this House, " Mr.Lokubandara said.

Mr.Hakeem said it was important that the House did not abdicate the powers it has been entrusted with and since serious allegations including that of treason had been leveled against certain persons in the Presidential Commission that probed the safe house matter, it was important to look into the issue.

On Friday, a private members motion by Hambantota PA Member Chamal Rajapakse to grant a pension scheme for migrant workers was taken up for debate. Labour Minister Mahinda Samarasinghe said he accepted the necessity for a pension scheme for Sri Lankan workers employed abroad and was in the process of working out the modalities to operate such a scheme.

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