• Responds to Opposition’s concerns that Bill will be fast-tracked to disrupt poll

During a discussion in Parliament yesterday (5) regarding the Private Members’ Bill presented

by Sri Lanka Podujana Peramuna Government MP Attorney Premnath C. Dolawatte on

increasing the representation of youth in politics, the Leader of the House and Education

Minister Attorney Dr. Susil Premajayantha asserted that the prescribed procedure – which

includes the submission of the said Bill, along with the subject Minister's report to the Cabinet,

the re-submission of it to Parliament through the Cabinet, and the granting of the specified time

to challenge the Bill in court – will be followed.

Following a Public Administration, Home Affairs, Provincial Councils, and Local Government

Ministry report on the Bill presented by Dolawatte being tabled in Parliament yesterday, several

Opposition MPs including Janatha Vimukthi Peramuna Leader and National People's Power MP

Anura Kumara Dissanayake, Opposition and Samagi Jana Balawegaya (SJB) Leader Sajith

Premadasa, Chief Opposition Whip and SJB MP Attorney Lakshman Kiriella and SJB MP

Chaminda Wijesiri raised concerns about it, on the basis that the same could be used by the

Government as an attempt to postpone the upcoming Local Government (LG) Election.

Speaking in Parliament, Dissanayake said: "We know that now the Election Commission (EC)

has announced the dates for calling for nominations for the LG Election. While they are being

prepared, a Bill is presented to change the composition of those nominations. According to the

existing provisions, the nominations should be prepared by including females amounting to 10%

of the contestants and 25% of the total representation. This proposal has been presented to

include youth representation in it. If this Law is passed before the nominations are called, a

conflict will emerge within the relevant Act as what is said in one clause is contradicted by the

other clause."

In such a situation, he claimed, it will become difficult for the EC to conduct the LG Election as

scheduled, and added that they are all in favour of Dolawatte's proposal but that it should not be

applicable to the upcoming LG Election. He said that they had discussed in the relevant

committees that more things should be included in the LG Election but that all of that is not valid

for this LG Election as there is no time to validate them to this LG Election. He added: "The call

for nominations has been announced. In spite of that, if Parliament tries to make laws to change

their composition, it is a very tragic situation. The relevant gazette notification states how the

composition of the nominations should be, and how they should be prepared. Therefore, if

Parliament is trying to make a law to the contrary, it is not something that is desirable at all."

Dolawatte, who also spoke in Parliament, said: "They tried to say that this was a proposal aimed

at this Election, but we have been presenting this matter since April 2022. This is an issue that I talked about even during my election campaign. When this is presented to Parliament, there is a

possibility for other laws to function separately. No one has anything to worry about. Today, we

have created this situation with the support of the Government. What Dissanayake said is also

clear, but we can do this and hold the LG Election in the meantime."

Meanwhile, Minister of Justice, Prisons Affairs and Constitutional Reforms, President's Counsel

Dr. Wijeyadasa Rajapakshe who stood up at this point, said that there is no reason to worry

about the Bill as there is a lengthy process to be followed after submitting such a Bill. "This has

to go to the Ministerial Advisory Committee. After that, if someone challenges it in Court, there is

a period of two weeks and the Court has three weeks to give an order. Accordingly, anyone with

common sense understands that it takes at least two and a half months to pass a draft Bill that

has been submitted to Parliament. It becomes a law from the day it is passed in Parliament and

signed by the Speaker. So, we will not be able to complete this process for two and a half to

three months according to the current system. Also, we are bound to act by the Standing

Orders. Therefore, the Election will be over by the time that law comes into effect."

In response to Dr. Rajapakshe's statement, Premadasa said: "I would like to tell him that no one

needs to worry about this, but the reason for the panic is the disbelief of many as to whether the

Government will allow the LG Election process to proceed as announced or not. It is true that

nominations have been called for the LG Election and that dates have been decided for their

submission, but the Government sends a message through direct and indirect methods that

there is no money to hold the Election. I would like to ask Dr. Rajapakshe as to whether the

Government will provide all the facilities and provisions to ensure that the Election is held on

time in a way that the LG Bodies will be installed by 20 March 2023."

Responding to Premadasa, Dr. Rajapakshe said: "We passed the 21st Amendment to the

Constitution which includes the provisions with regard to elections with everyone’s support.

Accordingly, that power has been fully transferred to the EC. Neither the Government nor the

Parliament has the power to issue orders to the EC and change its decisions. Therefore, the EC

should fully exercise that power. As the Government, we say that we have not taken any

decision to interfere with the work of the EC or to change their agenda. The EC should fulfill that

responsibility independently, and we also expect the same."

Speaking again, Dissanayake said: "What Dr. Rajapakshe said was right. When presenting a

general Bill, it is presented to Parliament, given two weeks for it to be challenged in Court and

the Court then gets three weeks to give an order and we can then debate it. This is the normal

process. But, the Bill presented by Dolawatte was presented to Parliament on 2 November

2022. Since this is a Private Members’ Bill, the subject Minister's report should be submitted on

it. Now, there are two matters before the House. One is the Bill presented by Dolawatte on 2

November 2022, and the report presented by the Minister on that Bill. It is not possible to go to

Court to challenge that report, but the Bill can be challenged. The report on it should go to the

Cabinet. After that, it should be presented to Parliament again with the approval of the Cabinet. I

want to know if that procedure will be followed? Will this Bill and report go to the Cabinet?" he

queried.

In response, Dr. Premajayantha said: "This Bill was brought in as a Private Members’ Bill. Then,

a Ministerial report should come. That report has been presented and it will then go to the

relevant Standing Committee. The relevant procedure will be followed and this is not the second

reading.” Dissanayake then said: "What he (Premajayantha) says is that based on the report presented

by the Public Administration, Home Affairs, Provincial Councils and Local Government Minister

(Prime Minister Dinesh Gunawardena) and Dolawatte's proposal, this will go to the Cabinet,

come back to Parliament through the Cabinet and the process will go on. If that process goes

on, thank you very much."

Dr. Premajayantha then said: "I would like to thank Dissanayake for the explanation he made in

a way that Kiriella will also understand."

When Kiriella queried Gunawardena as to whether the first or second reading of the Bill in

question was held yesterday, the latter said that the Private Members’ Bills presented by

Dolawatte and SJB MP Imthiaz Bakeer Markar have been discussed clearly, and that the

relevant report regarding them has been submitted accordingly. He said that the report will be

discussed by the relevant committee and that the same will then be presented to Parliament. He

said that it can be challenged in Court thereafter, and that it cannot be passed suddenly.

When Kiriella raised the same question again from the Deputy Speaker of Parliament, Ajith

Rajapakse, the latter was seen responding that it was the subject Ministry's report on the said

Bill which was tabled in the House yesterday, and that the second reading of the Bill will be held

at a later date.

Speaking at that time, Wijesiri claimed: "Since the beginning, Private Members’ Bills have been

submitted according to the Standing Orders, and Dr. Rajapakshe made it clear, but

Gunawardena has changed these Standing Orders. It is clear that a Member's proposal should

be presented in sequence. However, this has not been presented in sequence. It is also

mentioned that all these should be taken up tomorrow (6). All of that has been excluded and this

has been presented as the second reading, and efforts have been made to postpone the

Election by preventing this Bill from being challenged in Court."