SJB says Online Safety Bill signing during prorogation deemed unconstitutional

By Saman Indrajith

Main Opposition SJB says that the Online Safety Bill has not become law because the Speaker placed his signature to endorse the bill at a time when parliament was prorogued.

 Addressing a press conference at the Opposition Leader’s Office in Colombo, Chief Opposition Whip and Kandy District MP Lakshman Kiriella said that the Bill was put to debate on Jan 23 and 24 and the Speaker himself announced that it was passed. “Thereafter Parliament was prorogued on Jan 26 and the new session started on Feb 07. It is stated that the Speaker certified the Bill on Feb 01. This is wrong. A Speaker cannot give his accent to a bill during a prorogation. He should have waited till Parliament summoned to complete unfinished business as per the rule. Endorsing a Bill is a legislative act which is not valid during prorogation,” Kiriella said.

“Article 70 (4) of the Constitution says that all matters which, having been duly brought before Parliament, have not been disposed of at the time of the prorogation of Parliament, may be proceeded with during the next session,” Kiriella said.

 “Our Speaker, in his mighty hurry, placed his signature to endorse this Bill on Feb 01 without waiting till Feb 07. By doing so, he violated the Constitution and thereby rendered this Bill not valid,” Kiriella said, adding that his party hoped to raise this in support of petitions being argued against the passing of the Online Safety Bill before the Supreme Court.

When the House is prorogued all the unfinished legislation stop progressing, but they could be completed in the next session, Kiriella said, adding that paragraph 4 of the Article 70 of the Constitution clearly states so.