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qrcode.31217364I have come to the end now of the subjects covered in my book on Political Principles and the Practice in Sri Lanka, which was published in Delhi a decade or so back. I thought it still relevant, since I feel that one reason the Reform Programme with which the current government has been unsuccessful is that it did not pay sufficient attention to basic political principles.

Having gone through some of these, I then looked at how constitutions had developed in Sri Lanka over the last century. The constitutional process began with the Colebrooke Reforms in the 1830s, but then there were very few changes until the McCallum Reforms of 1910. After that changes happened thick and fast, culminating in the current Constitution which was introduced by J R Jayewardene in 1978.

In early days stress was on the Legislative Council, with the Executive Council being a separate entity as it were, controlled by the head of government, the Governor. It was only with the Manning Devonshire Reform of 1924 that two members of the Legislative Council without executive responsibilities were put on the Executive Council. It was also in that Reform that the Legislative Council acquired greater powers of financial oversight, through the establishment of a Public Accounts Committee.

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qrcode.30294975By Shamindra Ferdinando

Former UPFA MP Rajiva Wijesinha says the next parliament should take up a special parliamentary report that dealt with alleged Central Bank bond scam.

The report shouldn’t be allowed to be suppressed; the outspoken former MP said, adding that the new parliament should take a fresh look at the alleged scam.

Parliament will meet again on September 1.

The Liberal Party leader represented the 13-member committee chaired by the then MP and General Secretary of the Communist Party D.E.W. Gunasekera, Chairman of the Committee on Public Enterprises (COPE).

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qrcode.30227748In the last couple of weeks we have seen what seems total rejection of the ideals of Good Governance through which this government came to office. I shall look today at the performance of the Ministry of Foreign Affairs, having spent time previously on another vital Ministry, that of Finance. But I should note that with regard to many others – with a few honourable exceptions of course – there seems little activity, so that it is not just principles of Good Governance that are being breached, but the very idea of Governance.

I regret very much that Karu Jayasuriya has done nothing thus far with regard to the important task allotted to him with regard to Governance. I appreciate the fact that, given relations between him and Ranil he feels diffident, but that should not stop him taking initiatives in areas that will win him universal commendation. He could for instance easily stop the excessive perks that politicians enjoy, in particular the opportunities to abuse Ministry funds provided by the constitution of Ministerial private offices.

In my former Ministry for instance, now a Cabinet portfolio with a Deputy too, the perks of office continue unabated. My former staff, whose use of the vehicles to which they were entitled I restricted, have told me how many vehicles the Ministers, or rather their private staff, use between them. Meanwhile the two Ministers together are less in office than I was, and there is little progress in the University sector, with the imbroglio over the latest and the previous Advanced Levels continuing in the Courts. And though the new Cabinet Minister finally looked at the Act we had drafted, he like many others seems to think that there is no point in any action since an election is imminent.

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Standing OrdersThe Standing Order Committee finally met today, and we had what seemed a very productive session. I hope we are on our way now to fulfilling one of the first commitments in the manifesto, to amend Standing Orders so as to strengthen Parliament.

Needless to say there was nobody there from the UNP. Their total neglect of Standing Orders in the last few years was I think due more to ignorance rather than a lack of principle, which is why the Prime Minister should have nominated someone with a greater grasp of political concepts. But it was still John Amaratunga who was supposed to attend, and of course he did not come.

But we had Mr Sumanthiran, who had been the other moving spirit behind the swift way in which we worked in the first few months of this Parliament, before the Speaker stopped summoning the Committee. Dinesh Gunawardena also came, which I much appreciated, because he had done his best, which no one else in the Parliamentary Business Committee did, to get the Speaker to move on the Amendments I had proposed way back in 2013. Ajith Kumara was also there, and the Deputy Speaker and the Deputy Chairman of Committees, as also the Secretary General (who has a very good grasp of political principles), along with his Deputy.

We did not reach any decision on Consultative Committees, since it seems the Prime Minister has suggested we should have something called Sectoral Committees. I am delighted that he has at last thought about something he should have been thinking of for the last 37 years, but I suppose one should be glad that at last he has realized the importance of structures that enhance the power of Parliament. I have still to see his suggestions, which have been circulated to other Party Leaders, but will be content to hope for the best and return to this area later.

Meanwhile we have reached agreement on seven other areas as to which I had proposed reforms. Many intelligent suggestions were made on the rest, and we finally agreed on the following; Read the rest of this entry »

Dopey 3Namal in fact had no inhibitions about discussing with friends the lucrative business deals he was involved in. But it is possible that he did not think there was anything wrong with all these. Over the years a culture of close involvement of politicians with the business sector had developed, and the favours received from them were seen simply as tokens of friendship – as were the concessions and contracts the complaisant businessmen received. So Chandrika Kumaratunga benefited as President from the largesse of a businessman called Ronnie Pieris, who did very well under the regime, while another close friend who had worked for Emirates ended up, when he was appointed head of Air Lanka, as it used to be known, by subordinating it to that airline. Emirates emerged strengthened immeasurably by the partnership while Air Lanka lost much of the reputation and the reach it had earlier enjoyed. But these seemed isolated examples, and the connections to any incentives were never direct.

But by the time the Rajapaksa regime was settled in, the potential for business had expanded immeasurably, and Namal, with initially a lower profile than those holding executive positions, but with obviously the greatest influence of all, was soon rapidly befriended by many local and foreign businessmen. But as with the Packer deal, he could doubtless convince himself that he was promoting more economic activity in Sri Lanka, and that the country would also benefit.

27Another area in which his friends had a field day was the Stock Exchange, which it soon became known was being ruthlessly manipulated. The President’s essential innocence about this sort of thing seemed apparent when he appointed as its Chairman Indrani Sugathadasa, a former senior public servant of great integrity, who was also the wife of his Secretary Lalith Weeratunge. But before long she felt obliged to resign, and the President accepted her resignation. She had asked her husband before she resigned whether it would affect his position, and he had reassured her because he did not think he could contribute to the vitiation of her integrity. But, given that it was rumoured that Namal had played a role, on behalf of his friends, in making her position untenable, the matter obviously affected his own feelings and his potential effectiveness.

Mrs Sugathadasa was replaced by another figure of known integrity, a former Member of Parliament, Tilak Karunaratne. He was also concerned about education, and was a member of an advisory group I had set up called Religion, Education And Pluralism. After he was appointed, he suggested that we meet in the Security Exchanges Commission office, since that would save him the long journey to my Reconciliation Office which was near Parliament. I asked him then how confident he felt about his position, and the clearing up he thought was essential, and he told me that the President had assured him of a free hand to restore confidence. But within a few months he too resigned. Read the rest of this entry »

 qrcode.26591067It is widely agreed that the Executive Presidency has too much power, and those now supporting the common candidate are pledged to reduce this. However , in doing so, they should work on basic political principles, and particularly the doctrine known as the Separation of Powers.

This involves building up the powers of other institutions of State, so that the Executive can be held in check. Such institutions include Parliament as representing the legislative power of the State, and the Judiciary which exercises judicial power. In addition, we need to strengthen the media, and also the public service. This last works for the executive, but it must work on the principle that it is the Constitution and Laws that are supreme, not the instructions of individuals exercising power at any particular period.

All those working for the common candidate must then realize that it will not be enough to go back to the Westminster system. After all we know that the government elected in 1970 and in 1977 both engaged in excesses under the Westminster system. The problem then was the idea that Parliament was supreme, and the fact that Parliament was controlled by the Executive power.

Five measures should then be implemented immediately to ensure that the Executive is subject to constitutional controls.

  1. The first, which is clearly understood, is restriction of the arbitrary power of the President to make appointments. There should be a body to advise on these, and recent experience has shown that it should have provision for representations by the public, and should make clear the rationale for its decisions. If it is made up of elected members, who are not themselves part of the Executive, it should also have veto powers.
  2. There should be limits on the size of the Cabinet (I would suggest 25 at most, though the number could be up to 10 more until the next election). This is essential since it will preclude the Head of the Executive controlling the Legislature by the simple mechanism of adding more and more people to the Executive branch.
  3. The Attorney General’s Department and the Legal Draughtsman’s Department should be brought under the Ministry of Justice, with a proviso that the Minister of Justice should not be involved in electoral politics. In the old days he came from the Senate, but for the present a National List member would be appropriate. The Supreme Court however should not be under the Ministry of Justice, but should be administered by an independent body, with salaries and pensions and privileges not subject to the Executive.
  4. It must be specified that Secretaries to Ministries should be appointed by the Public Service Commission, not by the Cabinet or the President.
  5. Elections, including for Parliament and Provincial Councils and Local Government bodies, should be held at fixed intervals, not at the convenience of the Executive.

 

I would also suggest five measures to ensure that Parliament is strengthened. This means strengthening the powers and prerogatives of Members who are not part of the Executive.

  1. First, the Chairs of the Finance Oversight Committees (the Public Accounts Committee and the Committee on Public Enterprises) should be Opposition members. The Executive will be required to respond in writing to the reports of these Committees, and give reasons if their recommendations are not obeyed.
  2. There should be no more than 25 Consultative Committees. This should be in line with the number of Ministries, but if there are more during the interim period, business should be combined (ie all education matters together, or lands and agriculture and irrigation etc). There should be a limited number of members in each committee, say about 10, and no Member should belong to more than two committees. The proceedings of these committees should be minuted, and the minutes made publicly available. Ministers should not chair the Committee but should attend meetings to discuss policy and procedures. Only senior officials concerned with policy should attend these meetings.

Such Consultative Committees should deal with general policy matters and finance       and legislation, as laid down in the Standing Orders. There should be opportunities for Members to meet officials in the Ministry to deal with matters of individual concern.

  1. The Petitions and High Post and Standing Order Committees should be chaired by Opposition members and their proceedings should be made publicly available.
  2. All questions must be answered within a month, and Ministers not available to answer questions should explain the reasons for this in writing to the President.
  3. The Standing Orders should promote Bills by Private Members, and there should be a Business Committee of Parliament without involvement of the Executive to schedule such initiatives as well as Adjournment Motions.

Colombo Post 27 Nov 2014 – http://www.colombopost.net/columns/op-ed/item/256-a-reform-agenda-1-reducing-the-power-of-the-executive

downloadSeveral papers, though interestingly enough not all, carried accounts last week of the failure of Vasantha Senanayake to propose the Constitutional Amendment that stood in his name on the Order Paper of Parliament on September 25th. It was not however registered that he had not withdrawn the motion, which was to introduce statutory limitations on numbers in the Cabinet. He merely postponed it, while meanwhile requesting government to set up a Committee to go into that and other constitutional amendments he had proposed.

It seemed to me a pity that he had not gone ahead with the motion, not least because of the enthusiasm with which government members had greeted it on the day. One government MP came up to congratulate him, and was deeply disappointed to be told that he would not be proposing it that day. Even more surprisingly, a Cabinet Minister, albeit a particularly honest and honourable one, told me it was a very good idea. And the enthusiasm of the opposition also took the form of recognition of their own inadequacies, for Ravi Karunanayake, who had proposed something of the sort through a Private Members Motion, granted that it was much more effective to put forward a Bill.

Ravi indeed has contributed to the contumely in which Private Members Motions are held, by proposing hundreds of varying importance, which has contributed to Fridays becoming a day to avoid Parliament. And it is a mark of the lack of awareness about Parliamentary practice in those who pass for senior Parliamentarians that it was a first time member who registered the importance of putting forward a Bill, instead of adding through a Motion to the tedium of Fridays. That day in Parliament is now largely the preserve of Ravi and of his great rival Buddhika Pathirana, along with legions of the dead (obituaries being the other main subject of discussion on Fridays, apart from the motions of the dynamic duo).

The assumption in the press was that Vasantha had been pressed by the UPFA leadership into withdrawing the motion. This had indeed happened earlier, for he had put forward the Bill some months ago, but on that occasion the President had spoken to him and, in talking about his bright future, persuaded him not to put it on the agenda. I suppose it is because I do not have a future that I would have sought some sort of commitment from His Excellency to encourage debate and discussion on the matter, but I can understand someone of Vasantha’s age believing that that would not be the end of the matter. Read the rest of this entry »

download (3)An enormous step forward was taken recently by Parliament, the first with regard to Parliamentary practice since COPE decided to establish Sub-Committees so that it could try to cover all the institutions that came under its purview each year. I can take some credit for this step too, since the Secretary General kindly informed me that this followed on my pointing out to him that the proceedings of Parliamentary Consultative Committees were not available to the public.

Beginning with the proceedings of May 2014, Parliament now issues a Monthly Report that consists of the Minutes of the Consultative Committees. This should in theory be a monthly document, since there are 60 Consultative Committees, all of which should meet every month according to Standing Orders. However there were only 15 sets on minutes, one of which recorded that the meeting was not held since only the Minister and I were present. So there was no quorum, though I should note that we did have a very fruitful discussion, which has been recorded, since the Ministry, that of National Languages and Social Integration, had invited representatives of the Ministries of Education and of Youth Affairs to discuss matters of common interest.

For five other Ministries the minutes had not been confirmed, which I presume means the Ministry has not as yet responded to the draft sent by the Committee Office. 40 Ministries it seems had not met. One excuse made for this lapse is that, given limited space and time, it is not possible for all the Ministries to meet each month. But this will not wash since, given that more than one meeting can be held at a time, and that Parliament sits for 8 days each month, it would easily be possible to cover the whole gamut  if 7 or 8 meetings are held on each sitting day.

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I write this in Shillong, capital of the state of Meghalaya, while attending a Conference on ‘India’s North-East and Asiatic South-East: Beyond Borders’. It has been arranged by the Centre for Research in Rural and Industrial Development, which has an impressive array of full-time staff as well as Consultants. One of them, a retired Colonel who had worked for many years in the North-East when it was a hotbed of insurgency, delivered a fascinating paper on the subject. In addition to his many ideas for improving the situation, I was fascinated by the interchanges between him and academics from the area, who deplored his use of the term ‘misled brothers’ to describe the former insurgents. They thought it patronizing, whereas the Colonel had thought it a less divisive way of describing those who had previously taken up arms against the State.

Regardless of the merits of the case, what was illuminating was the manner in which such debates took place. CRRID is supported by the Indian Ministry of External Affairs, but the participants represented different views, and even the personnel from CRRID, including several former MEA dignitaries, made no bones about what they thought could be done better by the Indian government. This should be normal practice, but sadly it is unthinkable in Sri Lanka. I was reminded then of the absence of Tamil politicians when the Lakshman Kadirgamar Institute finally got off the ground, with a Seminar on Reconciliation. Not one of them had been asked to present their views, and consequently they did not attend.

In passing I should note that that prompted the workshop which the Consortium of Humanitarian Agencies arranged, at which we had a wide range of views. The proceedings culminated in a decision, suggested by Javid Yusuf, to formulate a National Reconciliation Policy, which soon got underway in the office I then had, as the President’s Adviser on Reconciliation. This was discussed with a wide range of stakeholders, politicians and religious leaders and media personnel, at gatherings kindly arranged by solid supporters of Sri Lanka as well as Reconciliation, the Japanese Ambassador and the Papal Nuncio. After finalization the Draft Policy was sent to the President, where it got lost.

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I make no apologies for returning yet again to the question of language rights. As I noted after my last visit to the North, for a series of Divisional Secretariat Reconciliation meetings, this remains one of the principal bones of contention in the Jaffna District. But it need not be, because the principles we should all be acting on are now clear, following the inclusion of Tamil as an official language in the constitutional reforms of 1987, and the fleshing out of those principles in the last couple of decades.

First, under President Kumaratunga, there were more inclusive language learning policies in schools in the nineties and then, most importantly, under this government, Minister D E W Gunasekara introduced language norms for public servants. I was not sure how well this was working so, at the previous meeting of the Parliamentary Consultative Committee on National Languages, I asked for a report on pass rates. We got this at the February meeting – or rather I did, and I had to point out that questions I raised were asked for the general benefit, not my own, so information should be shared with all my colleagues on the Committee.

I can see this might seem a waste of paper, since almost never do more than a quarter of the 31 members meant to be on the Committee attend, and many of those who do are concerned only with individual problems; but the principle was affirmed, and the Minister will now ensure that information is shared with at least all those who do attend. This is important, for this is something we should all be concerned with, as legislators and contributors to national policy.

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Rajiva Wijesinha

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