• Legal ambiguity prevails as Opposition and poll monitors raise concerns
• Govt. ignores SJB request to add provision stating Bill not applicable to immediate LG poll
• PAFFREL notes lack of transitional provisions and date of effect 

With the Regulation of Election Expenditure Bill, popularly known as the Campaign Finance Regulation Bill, to be taken up in Parliament for voting today (19), concerns and doubts have been expressed by the Opposition and poll monitors as to whether the passage of this Bill, which is virtually certain to be passed with support from both sides of the aisle owing to its nature and importance, would however lead to a postponement of or delay in the upcoming Local Government (LG) poll due to the lack of transitional provisions in the said Bill and the resultant legal ambiguity on whether it will apply to the upcoming poll. 

Speaking to The Morning, Chief Opposition Whip and Samagi Jana Balawegaya (SJB) MP Attorney Lakshman Kiriella noted that while his party supports this Bill, they had however suggested to the Government to adopt an amendment to the Bill to state that it will not be applicable for the upcoming LG election. 

“We are for this Bill, but we told them to bring an amendment to say that it will not be valid for the forthcoming LG election. We want it to be applicable from the next election. They didn’t agree,” he added.

He further noted that if this Bill is passed, there could be certain regulations adopted resulting in confusions to the Election Commission (EC) in holding the forthcoming poll. “The road map is this: They will pass the Bill. Under the Bill, they have to pass certain regulations. Therefore, the EC will say that without these regulations, they cannot hold the election,” he added. 

Kiriella further stated: “We are all for curtailing expenses by candidates. But they are bringing this Bill when there is an existing election law and nominations have been called for the LG poll. They are doing so in order to create confusion with the EC. They would never get a court ruling to postpone the election. So the easiest place is the EC.” 

He said that the Government cannot face the people and that therefore, they are looking for ways to postpone the election. 

“They are scared to meet the people,” he said.

“On Tuesday (17), we attended the Consultative Committee of the Ministry of Justice, Prisons Affairs, and Constitutional Reforms and there, the Minister of Justice, Prisons Affairs, and Constitutional Reforms President’s Counsel Dr. Wijeyadasa Rajapakshe said that he will postpone the Bill for one month. It was a clear agreement between us. But after that agreement, I think that he had been taken to task by his superiors. He made a U-turn, and the Government at today’s (18) party leaders’ meeting, said that it wanted to take up the Bill tomorrow (19). So we opposed it. We said that he had given an assurance in Parliament and that it is in writing as well. They say that it is the Government’s business, and that they have the right to decide.” 

Meanwhile, poll monitor People’s Action for Free and Fair Elections’ (PAFFREL) Executive Director Rohana Hettiarachchi, speaking to The Morning, noted that there are no transitional provisions or the date of effect mentioned in the Bill.

The Regulation of Election Expenditure Bill to regulate the expenditure incurred by candidates at every election conducted under the Local Authorities Elections Ordinance, No. 53 of 1946, the Provincial Councils Elections Act, No. 2 of 1988, the Parliamentary Elections Act, No. 1 of 1981, and the Presidential Elections Act, No. 15 of 1981, and to provide for matters therein was presented to Parliament on 8 December 2022, for the first reading by Dr. Rajapakshe.

Meanwhile, the EC yesterday (18) gave an assurance to the Supreme Court on the upcoming LG poll by stating that the poll will be conducted in compliance with the Local Authorities Elections (Amendment) Act, No. 16 of 2017. 

A special party leaders’ meeting was held yesterday under the patronage of President Ranil Wickremesinghe, to discuss this Bill. 

The acceptance of nominations for the LG poll commenced yesterday and will continue until 21 January.