• MP Gevindu Cumaratunga queries Speaker’s accuracy over SC determination
• Speaker denies any error

Claiming that the manner in which the Speaker of Parliament Mahinda Yapa Abeywardana informed the House of the Supreme Court's (SC) special determination on the Central Bank Bill is problematic, Opposition Parliamentarian Gevindu Cumaratunga said that the Parliament has not yet taken steps to provide copies of it to MPs.

The allegation has however been denied by the Speaker.

Speaking to The Daily Morning, Cumaratunga said: "The Speaker presented the SC’s determination on the Central Bank Bill to Parliament on Monday (3). He said that no clause contained in it was against the Constitution, and that subject to amendments, it could be passed by a simple majority. However, the determination states that 46 out of the 134 clauses contained in the Bill are inconsistent with the Constitution. It states that a special majority and even a referendum are required for those clauses, to which the Attorney General's (AG) Department has proposed amendments." He claimed that the manner in which Abeywardana had read out the determination implied that all clauses of the relevant Bill were in accordance with the Constitution and that it could be passed by a simple majority. "After Tuesday (4), the Parliament will not reconvene until the end of this month. It was in such a situation that the Speaker made this announcement in this way. He did not mention that the SC has ruled that 46 clauses in the Bill are inconsistent with the Constitution. It is true that amendments have been suggested in relation to those clauses by the AG's Department, but that that does not mean that none of the clauses in the Bill are inconsistent with the Constitution." Speaking further, Cumaratunga said that usually, when the Speaker reads the SC determinations related to a Bill, copies of the relevant determination are given to the MPs. "Usually, we receive copies of such determinations. We receive them on the relevant day. If we do not receive them when the Speaker reads it out, we are given them during the course of that day. However, we have not yet been given the copies of this determination and I got a copy through the Central Bank. We doubt whether this is a coincidence or a planned act. If this happened without the knowledge of the Speaker, he should look into this," he said.

When contacted by The Daily Morning to inquire about the matter, Abeywardana said: "The entire thing (the SC determination) has been published in the Hansard. It is in English though, so they (MPs) will have to read it and see."

The Speaker informed Parliament on Monday that none of the clauses in the Central Bank Bill were inconsistent with the Constitution. Therefore, the Bill, which was presented to Parliament on 7 March 2023, can be approved by a simple majority in the House, he said.

As per the Bill, the autonomy of the Central Bank shall be respected at all times and no person or entity shall cause any influence on the Governor of the Central Bank or other members of the Governing Board and Monetary Policy Board or employees of the Central Bank in the exercise, performance and discharge of their powers, duties and functions under this Act or interfere with the activities of the Central Bank. The Bill also entails that the primary objective of the Central Bank shall be to achieve and maintain domestic price stability. Furthermore, a “Board of Governors” will be established to supervise the administration and management of the affairs of the Central Bank and to decide the general policies of the Central Bank other than the monetary policy. Its Chairman shall be the Governor of the Central Bank and six members with expertise will be appointed to it.