The Joint Opposition (JO) claim to the post of Leader of the Opposition in Parliament is not entirely new. Ever since the last General election, when a sizable number of MPs who contested under the United People’s Freedom Alliance (UPFA) decided to sit in Opposition, and distance themselves from those who decided to be in [...]

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JO loses battle as Speaker rules Sampanthan is opposition leader

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The Joint Opposition (JO) claim to the post of Leader of the Opposition in Parliament is not entirely new. Ever since the last General election, when a sizable number of MPs who contested under the United People’s Freedom Alliance (UPFA) decided to sit in Opposition, and distance themselves from those who decided to be in Government with the UNP, the JO has struggled to gain legitimacy as the true Opposition in Parliament.

This week things came to a head when they sought a definitive ruling on the matter from Speaker Karu Jayasuriya, after the JO Group wrote to him, asking him to name the their Group Leader MP Dinesh Gunawardena as the Opposition Leader. They wanted the Speaker to rule on the matter on Tuesday, but he sought time till Friday and, on that day, after a lengthy explanation, ruled that the leader of the Tamil National Alliance (TNA) R. Sampanthan, whose Illankai Tamil Arasu Kachchi (ITAK) party holds 16 seats in the House, will continue as the Leader of the Opposition.

“I recognized Rajavarothiam Sampanthan of the ITAK as the Leader of the Opposition on September 3, 2015. I am bound by this decision, both legally and by convention, and I am not in a position to make a change in this regard. This is my final decision. However, those who are in the JO Group will be given adequate time during Parliamentary debates, as well as in Parliamentary committees, and all their privileges as MPs will be safeguarded by me,” the Speaker said.

The Speaker’s ruling, as expected, did not go down well with the JO MPs, and with Friday’s ruling, their claim to the post of Leader of the Opposition is likely to lose ground .

Rajavarothiam Sampanthan

There is no doubt, a paradox in the situation that cannot be addressed by seeking refuge in Parliamentary convention or rules laid down by Standing Orders. The JO Group now has 70 MPs on its side, including the 16 UPFA MPs who were in government, deciding to give up their portfolios, to sit in Opposition. It was this move, no doubt, that prompted a fresh claim for the Opposition Leaders’ post. Their numbers and the role in keeping the government in check, does make them more eligible to be the main Opposition group in Parliament but, unless they can get all MPs who contested on the UPFA ticket to cross over to their side, they will have to be satisfied being the alternative Opposition in this Legislature. Their dilemma is that, more than 20 MPs who contested on the UPFA ticket are in Government, many holding Cabinet portfolios. UPFA General Secretary Mahinda Amaraweera too, is a Minister, and he made it known to the Speaker that Mr Sampanthan should be the Opposition Leader, as it has the highest number of seats, after the UNP and the UPFA.

On Tuesday, both sides argued for and against a change in the post. MP Dinesh Gunawardena said that, with 70 members on its side, they should hold the Opposition Leader’s post, as opposed to Mr. Sampanthan whose Tamil National Alliance (TNA) holds only 16 seats in the House.

UNP MPs, however, argued otherwise. “There are UPFA MPs who are in the Cabinet and are part of this Government. A section from the same party cannot hold the Opposition Leader’s post,” said Leader of the House, Minister Lakshman Kiriella.

This conundrum in Parliament regarding positions is a reflection of the general sense of confusion that has been prevalent since the two main parties decided to form a government of national unity. This trend will likely continue till the next General election is held, by which time the two main parties running the country together will certainly end.

For now, the 225 MPs elected in August 2015 are left to make the most of the 5 years they have been elected for. But, given the constant distractions, such as the one that took up a great deal of time over who should hold the Opposition Leader’s post, interest in other Parliamentary business is on the wane. This week, the House had to adjourn early on 3 of the 4 sitting days due to the lack of a quorum.

In a best case scenario, the JO may decide to let go of any further claims to the Opposition Leaders post, but several of its MPs have, since the Speaker‘s ruling, said they will continue to agitate to get the post. If that does happen, we can see more disruptions of Parliamentary business in the weeks ahead.

The Speaker’s ruling
 

Speaker Karu Jayasuriya ruled this week that there would be no change in the Opposition Leader’s post. This was in response to a move by members of the UPFA’s Joint Opposition (JO) to secure the post for one of its MPs. Here are excerpts of the Speaker’s ruling on the matter on August 10 in Parliament.

On August 1 2018, a letter signed by eight MPs was handed over to me requesting that UPFA MP Dinesh Gunawardena be appointed as the Opposition Leader. The MPs said in the letter that of the 93 UPFA MPs elected in the August 2015, 70 support this move.

They also requested more time in Parliament for debates as well as more representation in parliament committees.

I have made my decision not only based on the submission expressed by members on both sides of the house but by also after making an indepth study of parliamentary practices and procedures, discussions with experts and looking at parliamentary convention in other countries on such matters.

The post of the Leader of the Opposition is an essential one in preliminary system and is recognised in the constitution as well as by Standing Orders. The post goes to a member of a party that is not in government and holds the largest number of seats outside the government. A Parliamentary Resolution adopted on September 3, 2015 clearly states that the UNP and UPFA are partners of a National Government.

On September 3, 2015, I recognised Rajavarothiam Sampanthan as the Leader of the Opposition. My final decision is that, as the Speaker of Parliament, I am not in a position to make a change to the post of Leader of the Opposition, bound both by the Constitution as well as by Convention.

However the MPs of the UPFA who have decided to sit in opposition will be allocated adequate time for debate in Parliament as well as in Committees. I will pay special attention to ensure their rights as MPs are safeguarded.

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