AG tells Supreme Court:

‘Passage of Port City Bill needs only simple majority’

by Chitra Weerarathne and A.J.A. Abeynayake 

The Attorney General informed the Supreme Court yesterday that the Colombo Port City Economic Commission Bill did not contain any provisions inconsistent with the Constitution, and therefore it did not need either a two-thirds majority in Parliament or public approval at a referendum for passage. 

The Supreme Court yesterday (23) concluded the consideration of petitions challenging the Colombo Port City Economic Commission Bill.

The petitions were taken up before a five-judge bench consisting of Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluvihare, Justice Priyantha Jayawardena, Justice Murdhu Fernando, and Justice Janak de Silva.

The decision of the five-judge bench will be conveyed to the Speaker of Parliament in due course.

The Port City Economic Commission Bill was designed to promote the economy of the country by encouraging the foreign investors to invest profitably in the new zone, titled “The Port City”, Farzana Jameel, Additional Solicitor General President’s Counsel explained to the court.

The ASG submitted that the Special Economic Zone created an entity with a multitude of functions, controlled by the Port City Economic Commission.

Jameel appeared for the Attorney General. 

The administrative function of the zone would be handled by the Commission with the approval of the Regulatory Authority, the ASG explained.

The licensing process involving banking in the Port City would be perused by the Port City Economic Commission in accordance with the Banking Act of Sri Lanka with permission of the Monetary Board of Sri Lanka.

The Port City Economic Commission was meant for a period of forty years, the Additional Solicitor General explained to the Supreme Court.

This Bill was for the betterment of the country. Foreign investors would be encouraged to invest. Sri Lanka would derive a good profit from their investments.

The government had made arrangements, by the Bill for investments to come swiftly, invest swiftly within the country’s laws, the court was told.

The Bill envisaged nothing outside the law of the land, the AG’s representative maintained.

The activities of the Port City Economic Commission would be controlled by the Minister in charge, and decisively and finally by the President, she said.

 Nearly 20 petitions have been submitted against the Draft Bill by parties including Chairman of UNP Vajira Abeywardena, UNP General Secretary Palitha Range Bandara, former JVP MP Wasantha Samarasinghe, the Bar Association of Sri Lanka (BASL), the Center for Policy Alternatives (CPA), General Secretary of SJB Ranjith Madduma Bandara, and Chairman of the IT Professionals Association G. Kapila Renuka.

Chairman of SLPP Prof. G. L. Peiris, SLPP General Secretary Attorney at Law Sagara Kariyawasam, and the legal association of the SLPP have filed intervenient petitions.

The petitioners, claiming that certain clauses of the relevant Bill have violated the country’s Constitution, are seeking a court order ruling that a two-thirds majority in Parliament and people’s approval at a referendum are necessary for the passage of the Bill.