Reconstitution of Ind. Commissions should be delayed till inclusion of civil society members in CC

Quorum shouldn’t be abused, warns Prof. Peiris

By Shamindra Ferdinando

Prof. G.L. Peiris, MP, has said that the existing Independent Commissions (ICs) should continue until the appointment of the Constitutional Council (CC) to pave the way for the reconstitution of the ICs in terms of the 21st Amendment to the Constitution.

The 10-member CC consists of seven lawmakers and three civil society members.

Addressing the media, on Tuesday (06), at Nawala, on behalf of Nidahasa Jathika Sabhawa, one of the rebel SLPP groups active in Parliament, former External Affairs Minister warned against any attempt to activate the CC before the selection of its civil society members.

The retired top law academic said that the CC shouldn’t be summoned on the basis of the outfit having the required quorum. In respect of the CC, the quorum is five, the SLPP National List MP said, adding that one of the primary objectives of the 21st Amendment would be lost if decisions were taken, sans civil society members. Such a course of action could undermine the very basis of ICs, the lawmaker said.

Parliament endorsed the 21st Amendment on Oct 21, 2022, with 179 voting for and one against (SLPP MP Sarath Weerasekera). Forty five abstained.

The following ICs are established by the Constitutional Council: Election Commission, National Police Commission, Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, National Procurement Commission, University Grants Commission and Official Languages Commission.

Referring to the simmering controversy over the Election Commission seeking the opinion of Attorney General Sanjay Rajaratnam, PC, regarding the conduct of Local Government elections, lawmaker Peiris emphasized that there was absolutely no impediment. “Existing ICs can continue until reconstitution of new setups in terms of the 21st Amendment,” Prof. Peiris said.

The enactment of the 21st Amendment was meant to restore some of the vital provisions in the 19th Amendment, introduced in 2015, Prof. Peiris said, calling for the appointment of unblemished persons.

At the onset of the briefing, Prof. Peiris, who still functions as the Chairman of the ruling SLPP, accused the party of switching allegiance to UNP leader Ranil Wickremesinghe at the expense of its own manifestos.

Having repeatedly assured the electorate that state owned enterprises (SOEs) would be further developed and modernized at the 2019 presidential and 2020 parliamentary polls, the SLPP has thrown its weight behind President Wickremesinghe, who, in his capacity as the Finance Minister, reiterated his determination to sell even the profit-making SOEs. The despicable move to privatise Sri Lanka Telecom and Sri Lanka Insurance, both invaluable cash cows, couldn’t be justified under any circumstances, Prof. Peiris said. How could the SLPP back President Wickremesinghe’s privatisation agenda? lawmaker Peiris asked, while warning of dire consequences in losing cash cows that have always come to the rescue of governments at times of difficulties. Such a strategy would increase pressure on the Treasury in the years to come, the SLPP Chairman warned.

In spite of some members declaring they would function independently, the SLPP remains the largest group in the Parliament. The SLPP won 145 seats, including 17 National List, slots at the last general election. About 20 members have so far formed two groups, namely Nidahasa Jathika Sabhawa and Uththara Lanka Sabhagaya comprising 13 and about 10 members, respectively.

Commenting on media reports pertaining to the proposed appointment of more Cabinet ministers, the lawmaker questioned why funds were squandered on an expanded Cabinet of Ministers at a time the vast majority of people struggled to make ends meet. Acknowledging that in terms of the Constitution, a 30-member Cabinet and 40 State Ministers could be appointed, the former minister asked whether it was fair to do so when millions of people experienced untold difficulties.

Pointing out that so far President Wickremesinghe has appointed 18 ministers and 39 State Ministers, Prof Peiris alleged that the latter and their staff required a fleet of 340 vehicles. “People are repeatedly asked to tighten their belts whereas the waste of public funds continues unabated,” Prof. Peiris said.

The ex-Minister said that Nidahasa Jathika Sabhawa wouldn’t vote for the 2023 Appropriation Bill as the Budget proposals were contrary to what the SLPP promised the electorate at two national elections. “We voted against the Second Reading of the Budget over a week ago. Will do the same on Dec 08 (today).”

Responding to a spate of questions, Prof. Peiris explained how their group operated independently while remaining members of the SLPP. Declaring that there was no need for him to resign as SLPP Chairman, Prof. Peiris said that the electorate should be given an opportunity to vote at a countrywide election as soon as possible.

The much delayed Local Government polls could be held if the Wickremesinghe-Rajapaksa administration was keen to test the pulse of the people.

LG polls should be conducted by, or before, February 27, to ensure that 341 local authorities could be formed by March 20, as stipulated, lawmaker Peiris said, while underscoring the responsibility on the part of the Election Commission to set the date. “There is no impediment for the five-member commission to announce the date. However, continuing delay is causing concerns among Opposition political parties,” Prof Peiris said.

The Opposition would move Court if an attempt was made to delay the scheduled poll, he said.