Speaker: PCoI cannot summon COPE Chairman or members over probes they undertake

By Saman Indrajith

Speaker Mahinda Yapa Abeywardena yesterday told Parliament that a presidential investigation commission could not summon a chairman or members of parliamentary watchdog committee – COPE (Committee on Public Enterprises) and question them on matters pertaining to investigations undertaken by it.

 He said so in response to a privilege matter raised by JVP leader Anura Kumara Dissanayake on Presidential Commission investigating Batticaloa Campus Ltd summoning former COPE Chairman Sunil Handunnetti before it.

 MP Dissanayake

said: “I draw your attention to the Section 17 of the Parliament Powers and Privileges Act. The Section states that no member or officer of Parliament and no shorthand Writer employed to take minutes of evidence before the House or any committee shall give evidence elsewhere in respect of the contents of such evidence or of the contents of any manuscript or document laid before Parliament or any committee or in respect of any proceedings or examination had at the Bar or before any committee of Parliament without the special leave of Parliament first had and obtained. Now, former President of the COPE, Sunil Handunnetti has been summoned by a letter dated Aug 21, 2020 to appear before the Presidential Investigation Commission. He has been ordered to appear before the commission to give evidence on his functions as President of the COPE which investigated the Batticaloa Campus Pvt Ltd and the matters pertaining to that. I want to know whether the Presidential Investigation Commission has obtained your permission to summon Handunnetti. The commission cannot question anyone involved in the COPE investigation without prior approval of the Speaker or Parliament.

 Speaker Mahinda Yapa Abeywardena: We will look into the matter and inform the House of that. I have not been informed of this yet.

 Anura Kumara Dissanayake: Handunnetti has written to the Speaker on this matter. He has sent a letter to you.

Speaker Abeywardena:

We’ll send our response to the Commission.

Anura Kumara Dissanayake:

What sort of letter of response. We want to know its content.

 Speaker Abeywardena:

If privileges are breached we would inform that to the commission.

Anura Kumara Dissanayake:

Let’s put aside the specific issue of Handunnetti. I want to know whether a Presidential Commission could summon COPE chairman or its members before the commission to question on what transpired during the COPE investigations.

 Speaker Abeywardena: No, that cannot be done.

 Anura Kumara Dissanayake: Then, do you accept that this letter sent by the presidential commission is wrong?

Speaker Abeywardena:

That I have to look into. I have not seen the letter yet so do not know its content. I have to go through it first before giving my ruling.