Eran kicks off second day debate on no-confidence motion against Speaker

The Speaker’s authority in legislative Councils all over the world is supreme, however in Sri Lanka in the current parliament we are not seeing that being demonstrated. It is drawn from the Speaker’s absolute and unwavering impartiality. This obligation of impartiality is demonstrated when the Speaker is only entitled to vote in the case of an equality of votes, said SJB Parliamentarian Eran Wickramaratne, opening the debate on the second day of the No Confidence Motion in Parliament on Wednesday (20).

Wickramaratne analysed the occasions when Mahinda Yapa Abeywardena did not act independently or impartially after assuming the position of Speaker.

When the Online Safety Act was passed, the Speaker acted violating the standard procedure despite the Supreme Court’ determinations. Although the court declared that 31 of the 51 articles of the bill were inconsistence with the constitution, those articles that should have been passed by a special majority were allowed to be passed by a general majority.

While the Attorney General had promised the Supreme Court that amendments would be brought to the articles proposed by the court at the time of the committee stage debate, the Speaker having violated the constitution and standing orders signed the Act into law, despite the objections by the opposition party.

Wickrmaratne said that the Speaker’s impartiality is secured only when he remains above all considerations of party or political career and to that effect he may resign from the party to which he belonged. He mentioned that former Speaker Karu Jayasooriya never stepped in to “SriKotha” the UNP party headquarters since he became the Speaker. That sort of neutrality is expected from a Speaker to maintain his position of neutrality and honour.

Even when the President nominated Mr. Deshbandu Tennakoon to the post of IGP to the Constitutional Council, Speaker acted in a manner that is unbecoming of a person of that calibre clearly violating the Standing Orders.

Speakers of Legislative Councils all over the world have no voting right unless there is an equality in the votes cast. Parliamentary systems have evolved governance, procedures and practices over last 800 years. A healthy convention in several democracies established was that the election of the deputy Speaker is from the main Opposition. On the contrary in the Sri Lankan Parliament even the Parliamentary Committee on Public Enterprises which was meant to inquire into corruption is also headed by a ruling party member. He said he fully agrees with the revised words for acronym COPE given by Chanakkiyan Rasamanikkam MP that it has now become Committee of Pohottu Enterprises.

In conclusion Wickramaratne said that if the Speaker Mahinda Yapa Abeywardena accepts his mistakes and agrees to correct them the no – confidence motion does not need to be voted for, as we all know a vote does not resolve the issue of confidence and impartiality.