Three-month ban for unruly MPs

By Saman Indrajith

Speaker Mahinda Yapa Abeywardena yesterday announced in the House that a maximum penalty of three-month ban would be imposed on an MP found guilty of breach of privilege twice in Parliament.

Reading out the announcements to the House, Speaker Abeywardena said that he had sought the opinion of the Attorney General concerning the highest possible penalty that could be imposed on MPs found guilty of multiple offences.

The Speaker said that where a charge-sheet issued by the Committee on Ethics and Privileges of Parliament against an MP contained more than one charge for two or more and the MP concerned was found guilty of more than one of the charges set out in the charge-sheet, he or she could be suspended for three months.

The opinion of the Attorney General was sought regarding the maximum punishment that can be imposed in terms of Section 28 of the Parliament (Powers and Privileges) Act No. 21 of 1953.

The Attorney General has stated that an MP found guilty of two or more offences can be punished as per the provisions of Sections 5 and 16(1) of the Code of Criminal Procedure Act No. 15 of 1979 subject to Article 66 (e) of the Constitution in consideration of the Articles 66 (e) and 67 of the Constitution, Sections 22 (3), 27 (1) and 32 of the Parliament (Powers and Privileges) Act No. 21 of 1953 which was amended time to time and Standing Orders 77 (1), 77 (2) and 77 (3) of the Parliament and Sections 5 and 16 (1) of the Code of Criminal Procedure Act No. 15 of 1979.

The AG has observed that an MP could be suspended for a period exceeding one month under section 28 of the Parliament (Powers and Privileges) Act subject to a maximum of three months under Article 66 (e) of the Constitution, where a member has been convicted of two or more separate offences in the charge-sheet for a single incident.