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qrcode.29819846In our discussions about the 13th Amendment, one objection suggested with regard to having Members of Parliament assessing those to be appointed to decision making positions was that they might not have time for the task. The point was politely put, on the grounds that Parliamentarians had other tasks to occupy their time, but underlying it also was the idea that they might not have the required expertise. For this reason it was suggested that they should have advisers for the purpose.

I could understand this, and that is why, in the amendment I proposed, I had an Advisory Committee. But given the standard constitutional assumption that restrictions on the discretion of the Executive should be through elected representatives of the people, I was careful to provide that that be elected by Parliament. I specified the Single Transferable Vote System which would ensure representation of a range of interests. I have been told that this would be difficult to understand, but it should be noted that this was the system in use for the elected members of the Senate in the old days, and it would be sad indeed to accept that today’s Parliamentarians would not be up to using such a system.

But, without being invidious, at the very least we can accept that, given the vast electorates they have to cover, MPs will not generally be able to fulfil all the responsibilities required of them. Given the talents and resources they have to possess or acquire in order to win election on the current mad preferential system, obviously they will not be in possession generally of the talents that are required of Parliamentarians in most parts of the world. Sadly, given the manner in which Parliament has been devalued in the last quarter of a century, there is no incentive either to acquire such capabilities. The type of training provided to Parliamentarians in the old days, when my father as Secretary General actually explained what was expected of them, has been ignored for years, given the J R Jayewardene tendency to see Parliamentarians simply as lobby fodder, kept in line through sticks and carrots.

All that is yet another argument to expedite Electoral Reform, since allowing MPs to concentrate on particular electorates will free up time and energy to actually fulfil their legislative functions. And given that each party will have to select just one individual for each constituency, they will necessarily have to engage in a thoughtful selection process, which is more likely to produce candidates with a range of skills and abilities. Parties will also be able to pick individuals of distinction for what they would regard as safe seats, since there will be no danger of what happened for instance in Kandy at the last election when Sarath Amunugama, arguably the best candidate the SLFP had in terms of intellectual and administrative competence, nearly failed to win election. And actual defeat has occurred, as we know, to other capable people such as Karunasena Kodituwakku and Milinda Moragoda. Read the rest of this entry »

download (7)An opposition member noted that recently there had been much speculation in the corridors of Parliament about the manner in which funds were being allocated for development. I had realized something unusual was going on, because during Reconciliation meetings in the North I had been told about massive amounts being made available to individual Members of Parliament.

I had not received anything myself, and indeed had to ask for the Rs 5 million that has been given each year to all Members of Parliament. I was particularly keen to have this available, because it was only recently that I realized that no one else spent even a modicum of what I did in the less populated Divisions in the North. I had decided that this year then I would spend the bulk of my funds, not split between North and South as previously, but largely in the East, because I realized there were also Divisions there which received little. But I am not sure whether I might not be forgotten, given the rush to spend the much larger sums that have been given selectively.

What the rationale for selection is I am not clear about, though I know that DEW Gunasekara has not received any, and it seemed Rauff Hakeem had received nothing either. I was told though that, when he complained about this to the President, it transpired that the latter was not aware of this and urged him to write in and ask. I have followed suit, but as yet have received no reply.

At a recent Consultative Committee meeting however, since the Minutes referred to the allocations, we were able to ask, and received a very clear picture of the manner in which the development budget allocated to the Ministry of Economic Development is being spent. It seems that large amounts have been allocated to government Members of Parliament who chair particular Divisional Development Committees, and they are asked to decide on Projects. This is of course not meant to be spent arbitrarily, but is supposed to be after due consultation of the people.

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Prof Laksiri Fernando, in responding to my account of discussions about a Senate, has reminded me about publishing the proposals, as I had mentioned, and I will send them in as soon as I am back in Colombo. However, while I do not recall promising to publish my correspondence with Mr Sumanthiran – which is not in fact of any great significance – perhaps it would be useful, given current controversies, to publish the draft he and I prepared about land matters.

What we realized, which is why I proposed that we look at the matter quietly, was that the issue was causing much controversy based on dogma. The TNA insisted that the 13th Amendment conferred land powers on the Provincial Councils, the government relied on the Constitutional provision that land grants were in the power of the President. Mr Sambandan, while insisting that he had no objection to any citizen acquiring land anywhere on his own, went into a lengthy account of government colonization schemes which he said had changed the demography of the East.

I did point out that something similar had happened in the Wanni, where after the conflict we had come across large numbers of Tamils of Indian origin who had been settled there because of various colonization schemes funded by international agencies – including for instance the schemes run by Jon Westborg when he headed Redd Barna, if memory serves me correct. But at the same time I could understand Westborg’s motivation, given the appalling attacks on Tamils in the hills orchestrated by members of the Jayewardene government, in both 1977 and 1981 – just as I could understand the need to settle landless peasants in empty areas that had never been occupied by anyone previously.

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This false optimism, which is based on the assumption, which is quite contrary to the indications he has given, that the President wants to do none of the things he promised, has extended now to assuring him that all will be well after the Indian election, and we ourselves do not have to do anything to improve our situation. I am reminded then of J R Jayewardene twisting and turning in the years between 1983 and 1987 as he avoided action, and was forced gradually to concede, but always doing too little too late. So I wrote once that he assured us that there was a pot of gold at the end of the rainbow, during his discussions with India in 1986, but in the end the rabbit he pulled out of his hat was General Zia ul Haq. The idea that the Ministry of External Affairs has tried to convince the President that Mr Modi will play Santa Claus is preposterous, but I fear that that is the type of advice and advisors the President has to put up with.

All this is based on the assumption that somehow we can avoid implementation of the 13th Amendment. Because the advisors believe that subterfuge will win the day, no attempt has been made to analyse the 13th Amendment, see if anything in it is potentially dangerous, and then develop mechanisms to avoid those dangers. Instead we are doing nothing about the vast areas in which the strengthening of local administration – and concomitant local accountability – would immeasurably benefit the people.

The President I think understands this, for he was very positive about the ideas I suggested be discussed at the negotiations government had with the TNA. But the history of those negotiations makes it clear why we are in such a mess. The President put me promptly on the delegation when I pointed out there had been no progress over the preceding three months, and in the next three months we saw much progress, in part because I insisted on meetings being fixed on a regular basis. The government also put forward suggestions of its own, that I had proposed, whereas previously it had simply listened to what the TNA put forward, and then failed to respond despite promises.

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As I shall be away for a few weeks, I thought it best to bring this series to a close. I have tried here to discuss the need

a. for Parliament to be strengthened, through better use of Committees so that its legislative and oversight functions are treated seriously

b. of streamlining the Executive and making it more effective

c . to strengthen local administration

d. for much greater coordination between government bodies and also elected and unelected officials

e. to provide clear job descriptions and institute and enforce reporting mechanisms

f. of much better training programmes with assessments that privilege efficiency, effectiveness and initiative

I have noted some areas in which best practice is available, as with the Community Policing programmes in the East, or the regular discussions between Divisional Secretaries and Pradeshiya Sabha leaders in some areas in the North, or even the recording in Batticaloa of unused government buildings, in a context in which the thrust is to use more and more cement as yet another intelligent and able Government Agent put it.

I have also noted some areas in which reform is long overdue. A common theme of my suggestions is streamlining and targeting, as with the proposals for electoral reform that restore the link (and hence responsibility for and accountability to) between elected representative and the people; or the recommendation that the Cabinet be reduced in number with Ministers chosen for administrative capacity and planning skills rather than electoral success.

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As I have noted, the Vasantha Senanayake proposals that have been sent to the Parliamentary Select Committee are to form the basis of the discussions the Marga Institute is facilitating to promote consensus. The most innovative of the ideas put forward in the memorandum submitted to Parliament is the suggestion that we accept the logic of the Executive Presidential system, and therefore bring the Cabinet in line with the executive system in other countries which have Executive Presidents – the United States and Russia and France and the Philippines, to name but a few.

On a proper Executive Presidential system, unlike the hybrid perversion J R Jayewardene introduced, those put in charge of the different branches of the executive come from outside Parliament. If they are in the legislature, they have to resign their Parliamentary positions, as Hilary Clinton and John Kerry did. Even when the President has a Prime Minister whose tenure depends on the confidence of Parliament, when that Prime Minister has won election and established a majority, he gives up his seat to take up an executive position. And as we saw with Vladimir Putin in Russia, someone who had been elected to Parliament and thereby been chosen as Prime Minister, can easily, and with greater effectiveness, be replaced by a technocrat.

Characteristically, Dayan Jayatilleke opposed the suggestion on the grounds that it would lead to the President filling the executive with his own relations. This was yet another example of an otherwise very distinguished analyst allowing ad hominem arguments to influence his judgment. I should add that his position also fails to take into account the fact that any relations who aspire to executive office will have no difficulty in getting elected, as both our Parliament and many Provincial Councils exemplify. The problem then is that even the very able start making getting re-elected their priority, whereas if Ministers concentrated only on making a success of the areas for which they are responsible, we would have decisions and actions that focus on results rather than popularity.

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Last week the Marga Institute held a discussion on several sets of proposals that had been forwarded to the Parliamentary Select Committee looking into ‘Political and Constitutional Measures to Empower the People of Sri Lanka to Live as One Nation’. After much animated discussion, it was decided to work with the set of proposals put forward by Vasantha Senanayake, and a couple of groups have been established to flesh these out.

Senanayake is perhaps the brightest of the young Members elected newly in 2010, a factor noticed by several embassies that have sent him on delegations of young Members to visit their countries. These proposals sprang from his work with the One Text Initiative which had seen him spearhead a group of Parliamentarians, representing government as well as different opposition parties, who had interacted with members of the Sri Lankan Diaspora, both Sinhalese and Tamil, in Britain. They had sent a report on their visit to the President, though there has been no response to the interesting ideas and suggestions they put forward.

Vasantha had worked together with a group of young professionals to put forward the proposals which included some startlingly innovative ideas. Perhaps the most important of them is not however new, because it was one of the principal elements on which three recent documents on constitutional reform agreed, namely those of the Liberal Party, the UNP and the group led by Rev Sobitha. This was the need to get rid of the present system of elections, and I think it would be useful to return to this now, since the last set of elections to Provincial Councils made crystal clear – again – how destructive the current system is.

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Earlier this month the Liberal Party sent some suggestions for reform to the Parliamentary Select Committee meant to recommend solutions to current national problems. They are based on a vital principle that should be followed in all discussions, namely that we should try to assuage the fears of others rather than seek to assert one’s own desires. Through sensitivity to the concerns of others, one can often also ensure sensitivity to one’s own concerns.

Our suggestions reaffirm the primary obligation of the State to fulfil the objectives detailed in Chapter VI of the current Constitution. Safeguarding the independence, sovereignty, unity and territorial integrity of Sri Lanka are vital and all those wishing to broadbase the decision making process should recognize that these principles should be paramount. But equally those concerned with national integrity must also appreciate the importance of decentralizing the administration and affording all possible opportunities to the People to participate at every level in national life and in government. National unity should be strengthened by promoting co-operation and mutual confidence, while discrimination and prejudice should be eliminated.

To avoid concentration of power, the doctrine of Separation of Powers should be followed. The different layers of government should be sensitive to the needs of other layers and the People they represent, and this needs to be encouraged by structures that enhance accountability. Some suggestions below need to be entrenched in the Constitution. Others are more appropriately fulfilled through legislation, but the Constitution should direct that such legislation be put in place. I should reiterate here the importance of the first suggestion, since it is little recognized that we have the only Executive Presidential system in the world in which the Executive President is tied down to a Cabinet that is hamstrung by its Parliamentary responsibilities – which means electoral concerns in the main.

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By Rasika Jayakody

 

Professor Rajiva Wijesinha, who is a national list Parliamentarian of the ruling party, is a strong opinion-maker in the government where reconciliation is concerned. In an interview with The Sunday Leader, he strongly backed the government’s move to appoint a Truth and Reconciliation Commission, following the South African model. He termed that such an effort can be construed as part of implementing LLRC recommendations.

Speaking of the relation between the Lessons Learnt and Reconciliation Commission and the Truth and Reconciliation Commission the Parliamentarian says, “Lessons Learnt and Reconciliation Commission is suggestive of a broader mechanism of this nature and this is in line with implementing LLRC recommendations. LLRC presented an excellent report and the commission perfectly fulfilled the task it was entrusted with. The TRC focuses more on problems concerning the people on the ground and give them solutions. That is one of the most important aspects of reconciliation. One should understand the fact that the LLRC, the Parliamentary Select Committee (PSC) and the Truth and Reconciliation Commission have their own ambits. And they don’t clash with each other”.

He also commends the President’s approach to the matter saying he reflects pluralism and the traditional SLFPers are pluralist to the core. “But the problem is their voice is subdued and as a result, extremists are ruling the roost,” Wijesinha says.

On Sri Lanka’s journey towards reconciliation, the Parliamentarian says, Sri Lanka has not pursued the Reconciliation process with the commitment it requires. “Given its urgency, I believe we should try to understand the reasons for this, and try to overcome them.”

 

Following are excerpts of the interview:

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A group of young people, including a few politicians, have been working recently on suggestions for Constitutional Reform following the appointment of the Parliamentary Select Committee. The brief of that Committee is wide and, even though efforts were made to hijack it, and turn it into a vehicle to amend the 13th Amendment, the Chairman stood firm and made it clear that the terms of reference as laid down by those who proposed the Committee should stand.

I have no doubt that, despite the omission of perspectives that are more common in the country and in Parliament than extreme views on either side, there are enough persons on the PSC who will ensure that the commitments that country and the President have entered into will be upheld. However I suspect the Committee will deliberate for a very long time, and a lot of problems that it would be very simple to resolve will only get worse.

I welcome therefore what I see as a Youth Initiative, and have been impressed by the systematic way in which they are proceeding. They have used as a basic text a comparison which has been made of the three recent comprehensive proposals for Constitutional Reform that have been published. The first of these – as usual, I am tempted to say – was that of the Liberal Party, and this was followed this year by the proposals of the UNP as also those of a group led by the Rev Omalpe Sobitha.

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Rajiva Wijesinha

February 2017
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