Sunday Times 2
New Standing Orders for Parliament to make it more vibrant and effective
New Standing Orders numbering 143 were adopted by Parliament on April 15, 2018 significantly changing the existing order. This followed the presentation by Speaker Karu Jayasuriya last November of the report of an eight-member Committee on Standing Orders chaired by him.
Standing Orders in Parliament have been enacted since the first Parliament was set up in 1948 and have been amended from time to time since their first introduction. This is almost the first time that the Standing Orders have been changed in a significant manner following a report from the Committee of Standing Orders presented to the House by Speaker Karu Jayasuriya on Nov. 27, 2017 (Parliamentary Series No 314).
The Committee consisted of eight members and was chaired by the Speaker. It was also attended by four senior members appointed to look into and report into special matters comprising Messrs. Rauff Hakeem, Wijeyadasa Rajapakshe, R. Sampanthan and Chamal Rajapakse.
Twelve sittings of this committee were held from Dec 2015 to Oct 2017 when it deliberated diligently and carefully before submitting its recommendations.
A keyword about the history of Standing Orders may be useful. Following the recommendations of the Colebrooke-Cameron Commission, the Executive Council and the Legislative Council enacting the very first Legislative Codes of colonial Ceylon was setup by Governor Sir Robert Horton in 1833.
These institutions were located in a building opposite Gordon Gardens and later shifted to the old Parliament building at Galle Face. This building was declared open on January 29, 1930 by the then Governor Sir Herbert Stanley and housed the legislature until it was shifted to the new Parliamentary Complex at Sri Jayawardenapura in April 1992.
It may be of interest to note that the name of the legislature has been changed several times as follows: i. The Legislative Council(1833-1931) consisting of 41 members; ii. The State Council(1931-1947) consisting of 61 members; iii. The Home of Representatives (1947-1972) consisting of 101 members and 157 members after 1960; iv. The National State Assembly (1972-1978) consisting of 168 members and v. The Parliament (1978 to date) consisting of 225 members.
According to the available records, the first set of Standing Orders were adopted by the Legislative Council in 1912. These were based on those of the British Parliament at that time largely modeled on Westminster practices followed in the House of Commons. These Standing Orders amended from time to time form the bulk of the Standing Orders that exists until today.
It is believed that the then Clerk of the House of Commons, Sir Edward Fellowes, had assisted the formulation of the Standing Orders in 1947.
The Standing Orders of Parliament are the agreed rules under which procedure, debate and the conduct of members in the House are regulated. The main purpose of the Standing Orders is to lay down the procedure for the functioning of Parliament in an orderly and meaningful manner and is the most important source of our Parliamentary procedure often referred to as the bible of our Parliamentary procedure.
It provides and sets out ample opportunity for debate and discussion and lays down the procedure for decisions to be taken for matters under consideration. The Standing Orders have the status of rules under the Constitution of Democratic Socialist Republic of Sri Lanka with Article 74 of the 1978 Constitution stating that Parliament may by resolution provide for Standing Orders.
Throughout the 12 sittings of the Standing Orders Committee over a period of two and half years, an intensive and comprehensive in-depth study was made of all the available material before the Committee. To begin with all the members of Parliament were asked to submit their proposals which included those coming from the Prime Minister, the Leader of the House, the Leader of the Opposition, the Deputy Speaker, Deputy Chairman of the Committees and all the leaders of political parties represented in the House.
In addition, the Secretariat asked for and received the views of the Secretariats of many Commonwealth countries including UK, India, Australia and Canada. All these reports were made available to all the members of the Stranding Orders Committee. Proceedings of a Parliamentary Debate on Feb 26, 1993, upon a Motion by the then Leader of the House to approve of Amendments to Standing Orders was made available to all the members of the Committee.
Special attention was focused on few matters which were considered very topical and important. These included the setting up of Parliamentary Oversight Committees, the approval of Liaison and Statutory Committees, the consultation with the Supreme Court with special reference to the removal of judges and the impeachment of judges.
At the end of their deliberation the committee unanimously agreed to making changes in the following Standing Orders:
1. Official oath an affirmation by the Speaker and Members; 2. Election of a President; 3. Meetings of Parliament; 4. Proceedings of the House available for broadcast or telecast; 5. Motions or Questions at adjournment time; 6. Private Member’s Motion; 7. Ministerial statements; 8. Personal explanations; 9. Questions to ministers when they are absent and when members asking the questions are absent; 10. Questions to the Prime Minister; 11. Voting; 12. Bills regarding list 3 of the 4th schedule of the Constitution; 13. Order in Parliament; 14. Removal of Members for unruly behavior; 15. Sectoral Oversight Committee; 16. Legislative Standing Committee; 17. Committee on Ethics; 18. Committee on Public Accounts; 19. Committee on Public Finance; 20. Committee on Constitutional Affairs; 21. Backbencher Committee; and 22. Resignation or removal of Chairs of Committees.
All these changes have been included into the new Standing Orders adopted in April. It is fervently hoped that with these new changes and Members following and rigorously abiding by these provisions, Parliament will be made into a more vibrant and effective institution and earn the respect it so much deserves, at a time when falling standards is much spoken of.
(The writer is a former Secretary-General of Parliament)