PARLIAMENT

'We have to respect Court orders' - PM

Irangika RANGE ,Sandasen MARASINGHE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided yesterday when Parliament met at 1 pm. After the presentation of papers and oral questions Parliament took up the private members motion and UNP MP Ravi Karunanayake moved a motion.

Ravi Karunanayake: (UNP) The parliament resolves that the holding of Cabinet portfolios by the President and the Prime Minister is not appropriate to have an effective administration and to critically review performance of Ministers.

That President and Prime Minister have a lot of duties to perform. Holding Ministerial portfolios will be a hindrance to perform their duties.

A.H.M. Azwer (UPFA): I raise a point of order. Ravi Karunanayake has moved this motion earlier in a different angle. In accordance with the constitution, the President and the Prime Minister can hold Ministerial portfolios. So this move is against the Constitution.

Speaker Chamal Rajapaksa: He has amended his motion so that he can move it back.

Ravi Karunanayake (UNP): The other matter is that if a person wants to go before Court against Ministry, he cannot do so if the Ministry is held by the President. In most countries there are less numbers of ministers.

Prime Minister D.M. Jayaratne: What are the duties of the Prime Minister according to the constitution? Tell me.

Ravi Kaurnanayake (RUNP) We think he has to attend to the matters of all other Ministers.

Opposition Leader Ranil Wickremasinghe: I suggest the Attorney General's department should be made as an independent one as it comes under the purview of the President. I realize a principle matter. I asked yesterday as to how Fonseka's seat in Parliament fell vacant before the speaker made his statement.

It is said the instructions are sought from the Attorney General. But it is not the proper way. Parliament does not need to inquire from the Attorney General with that request. How could you be impartial if you follow instructions of the Attorney General who is a Public servant.

External Affairs Minister Prof. G.L. Peris: This decision was taken in accordance with the constitution. It explains how a Parliament member's seat is vacated. Under the article 66 of the constitution, if any member subjected for any disqualification mentioned in the constitution her or his Parliament seat will be vacated. Fonseka was imprisoned for 30 months. According to the constitution, if any MP was convicted by the Court for two years, her or his seat will be vacated. It is very clear, the seat fell vacant according to the provisions of the law. The Speaker can not take a decision in this regard. Therefore, the letter sent by the Acting Secretary General of Parliament to the election commissioner is lawful.

Opposition Leader Ranil Wickremesinghe: Sarath Fonseka was imprisoned based on arbitrary decision. He has not made any wrongful thing to be imprisoned.

External Affairs Minister Prof. G.L. Pieris: The Court Martial was established under the Army Act of 1948. It is not a new law. The Court Martial is considered as a Court according to the constitution. Our duty is to implement the law of the constitution.

Joseph Michael Perera (UNP): The Court Martial has decided Sarath Fonseka as a civilian. His pension and all ranks were removed. Can a Court Martial Jail a civilian? He has been directed to a wrong court.

External Affairs Minister G.L. Peiris: Therefore his seat cannot be vacated.

The Court Martial is considered as a Court. Therefore no one can say that the verdicts given by the Court Martial is illegal. It is not illegal according to the constitution.

Opposition Leader Ranil Wcirkemasinghe: The Judicial Service Commission appoints the judges to Courts. Therefore the Parliament has special power to interfere the issue related to the judiciary according to the constitution.

Prime Minister D M Jayaratne:

Today we are discussing on a private suggestion presented by Ravi Karunanayake. But we are not adhering to the standing orders by talking about other matters. Since it was raised by the Opposition Leader, we cannot object to it too.

According to the law, a criminal cannot be brought to this House. Sarath Fonseka has proved to be a criminal and we have to respect the decision given the Court.

Why cannot the members of this House ask Sarath Fonseka to say that "as I know I haven't done any wrong. But if these had been any wrong done by me, please forgive." Why cannot this be done.

This is a trivial thing. Without organising rallies and protests, pardon can be requested by a small word. But if the Opposition wants to continue their propaganda a little further, they can hang on to this matter.

R Yogarajan (UNP):

S B Dissanayaka did not attend sessions in Parliament for three years.

A different attitude was held for S B Dissanayaka for Sarath Fonseka's. Why cannot they continue the same attitude and procedure that were taken for S B Dissanayaka. There has been no tradition of yielding pardon to free someone.

Even his family members have no need to do so.

Agriculture Deputy Minister Jagath Pushpakumara:

Today, a different suggestion was presented to Parliament. But what is being discussed is outside the topic.

When a decision of the Court was given, irrespective of the nature of the Court, it should be respected.

I think it is better to apply in the appeal Court against the decision.

Sarath Weerasekara (UPFA):

Even though an Army personnel is retired he is subjected to military law until a year is passed. Therefore, he is subjected to military law even he became a civil person.

Chandima Weerakkody (UPFA):

The punishments given by a military Court is legal. Even the death sentence can be given by a military Court.

Rehabilitation and Prison Reforms Deputy Minister Wijithamuni Zoysa

The session cannot be continued since the required number of MPs are not in.

Speaker Chamal Rajapaksa:

Since the minimum number of MPs that should be present is not there, I adjourn Parliament until October 19, 1pm.

Actions manifest patriotism

Thursday's parliamentary proceedings.

External Affairs Minister Professor G L Peiris

Why the Opposition Leader want a foreign organization to intervene in our internal matters. He is trying to do things he could not do with the help of international intervention.

Therefore it is clear who is acting patriotically and who is not. Therefore the question rises who made the background to deprive the GSP+ relief to us for short-term gains.

The 18th Amendment was taken for debate in September. Before four days of the Amendment is presented in Parliament the Opposition Leader criticizes the Amendment in India, in the 'Hindu' newspaper. He does not understand the simple truth that the Constitutional Amendments are an issue that belong to our country and not to India.

I was in China for several days and met senior officials. Compared to the value of imports from China, the value of exports to China is low. I discussed how to increase our exports to China. Therefore facts presented in the NCM are totally false. When I met the Japanese Foreign Minister and Financial Minister they were aware that there is an NCM pending in the Parliament against me. It was published in websites on the internet. Through these, the disadvantage goes to the country and not personally to me. I visited both Japan and Ukraine to participate in important international conferences.

It was said that we requested to meet Hilary Clinton. We have never done such a request.

According to a US official document printed, Ranil Wickremesinghe has said that the US is in the right track in incident reporting and it should keep the pressure on the Government. I table this document.

About 118 countries are representing the Non Aligned Movement.

The characteristic of NAM is that there are different ideologies within it.

Therefore nobody can force them to come to a one stand. But all of them have agreed that they should support Sri Lanka and inquiring human rights violations in Sri Lanka is not appropriate.

Wijayadasa Rajapaksa (UNP): We do not want to challenge the knowledge of Minister G.L. Peiris. But we observe a collapse and fail in handling foreign policies for past few years.

We know how former foreign Minister Mangala Samaraweera did his level best to won the international community.

We must take measures to win due recognition in the international arena. We do not want to take revenge from individuals.

We remember how some countries tried to trap our country. But we were able to defeat these forces. Minister Peiris played a major role in defeating them.

Speaker Chamal Rajapaksa takes the Chair.

I am dedicating myself fully to my duties and I have done all within my ability to render my services to the country.

Joseph Micheal Perera (UNP): Today I am delivering the final speech of the NCM against Prof G L Peiris. We request to provide the documents tabled by Prof G L Peiris during his speech. The President has said that he cannot trust G L Peiris. Construction, Engineering Services, Housing and Common Amenities Minister Wimal Weerawansa: Point of order Sir. This NCM was presented to the Parliament against Prof G L Peiris. Now the Opposition is taking the documents of G L Peiris of whom they say the confidence is lost and asking to include them to the Hansard.

Joseph Micheal Perera We are including them to the Hansard to show how the confidence is breached. The motion was defeated with a majority of 107 votes.

No point of debating Fonseka issue - PM

Prime Minister DM Jayaratne yesterday said the measures taken against Sarath Fonseka was legal and it was pointless to debate repeatedly. He made these observations at Parliament yesterday in response to a privilege issue raised by Opposition Leader Ranil Wickremesinghe. He raised the privilege issue during the debate on the private members' motion moved by UNP MP Ravi Karunanayake.

The Prime Minister said there is a possibility to yield pardon from the President saying that he did not do any offence deliberately. The Prime Minister said the Court Martial is legal and the Speaker could give a decision over the matters within Parliament. The Speaker is not vested with powers to change sentence issued by a Court over a breach of civil Law.

The Prime Minister said he did not know as to why the Opposition debate over this matter without directing Fonseka or his wife to yield pardon from the President.

Joint program to provide graduates jobs

The government has commenced a joint program with the private sector to provide unemployed graduates for employment by developing their employability, an answer tabled by Labour Relations and Productivity Promotion Minister Gamini Lokuge said.

This answer was tabled as a response to a question raised by UNP MP Dayasiri Jayasekara in parliament yesterday.

According to the surveys carried out by the ministry, the number of unemployed graduates by 2010 was 28,720. The highest rate of unemployment is recorded in the arts field, and that number amounts to 19,375. The number of unemployed graduates in the commerce and management field is 5,786, where as this amount in the science and mathematics field is 3,559.