PARLIAMENT

Industrial Disputes (Amendment) Bill:

'Amendment will help protect interests of workers'

Irangika RANGE and Sandasen MARASINGHE

Speaker Chamal Rajapaksa presided when Parliament met at 1 pm yesterday. After the presentation of papers and oral questions, the House took up the Industrial Disputes (Amendment) Bill for debate.

Labour and Labour Relations Minister Gamini Lokuge: This Industrial Disputes (Amendment) Act was amended on many previous occasions. Today, there are many labour laws coming under the purview of the Labour Department. We must amend these rules and regulations to suit the present day needs.

This amendment is a timely need and brought forward to Parliament with the aim of avoiding further industrial disputes in this country. All these amendments had been introduced after many discussions with representatives of the Industries Ministry, Trade Unions, employers, employees and officials of the Labour Relations Ministry.

This will help protect the interests of the workers. We believe that labour laws should be amended according to current requirements. These amendments should also help strength the workforce, while protecting their rights. Workers are recruited on a contract basis in the private sector as well as the public sector.

There are many problems in regard to job security of employers recruited on a contract basis. We have paid our attention to this issue.

It is reported that some disputes had been dragging on for six-seven years in labour courts. Therefore, I propose that all labour disputes should be resolved within a period of three months. We must amend laws to suit modern day requirements.

Joseph Michael Perera (UNP): The government should pay more attention to ensure the rights of the working class when it moves amendments to the House. We have enough rules and regulations in the country. But these rules and regulations are currently being violated by the government. Before correcting the mistakes in the private sector, the government must correct its own mistakes. If any ordinary person was found guilty of misappropriating public property, he or she would be remanded for causing damage to public property. But if a politician or his henchman was proved guilty of frauds and corruptions, no legal action will be taken against him.

This is injustice and partial. The government should always do the right thing. When the government is attempting to bring amendments to Parliament, the main political parties should be consulted.

The Opposition is not opposed to the amendments brought to the House today.

But we should have been given a proper time period to express our views in this regard.

National Languages and Social Integration Minister: Vasudeva Nanayakkara: These amendments are very important. Today, the Labour Tribunal had no cases before it. The real situation is that employees are attempting to prevent cases presented before labour tribunals by employers.

The rights of employees as well as the employers must be protected. There should be a proper programme for obtaining advice and financial assistance from the Legal Aid Commission for those who are financially unable to bear up the labour cost.

Cases related to labour disputes drag on for long periods due to various reasons. Sometimes, employees have died before the case was over. Therefore, it is necessary to strengthen labour tribunals to settle cases within a short period of time.

M A Sumanthiran (TNA): This is a timely need. The compensation formula of labourers should be revised.

The working class must be provided with adequate compensation.

The citizens of this country must be made aware of this law. I would like to question the government as to how many workmen in this country are aware of these amendments brought to Parliament today.

P Digambaram (UPFA): There are a number of problems in regard to the wages of Estate workers. Estate workers are not provided with sufficient wages in accordance to their hard work. We expect that solutions to these problems will be provided with the introduction of these amendments to Parliament today.

Dr Jayalath Jayawardena (UNP): The government has converted the civil adminstration into military control through a special Gazette Notification. Although the government said the State of Emergency is no longer in force, the entire country is still under military rule today.

The government must protect the fundamental rights of citizens.

You must not suppress the rights of the people. I do not understand why the government has called the armed forces for active service instead of the police service.

Social Services Minister Felix Perera: There is a shortage of skilled workers in the tourism sector. There is a demand for skilled workers in local as well as international job market. Currently, there is a risk involved in the apparel sector.

Therefore, we must be careful when new rules and regulations are being imposed in the various sectors. Today, our economy is in the correct path.

Loans obtained from foreign countries should be utilized in a proper way. Then the country could march forward towards success.

Dr Harsha de Silva (UNP): We have experienced many industrial disputes in the country recently. The government has entirely failed in handling these disputes. We have also lost many lives due to these disputes.

The cost of living had not been increased to the public as well as the private sector employees though the cost of living is currently skyrocketing.

'C W W Kannangara, architect of free education

Economic Deputy Minister Muththu Sivalingam: I should bring to the notice of the Labour Minister that the employees of the Estate sector find it difficult to withdraw their EPF monies.

Public Relations and Public Affairs Minister Mervin Silva: We are discussing the Industrial Disputes (Amendment) Bill. Abraham Lincoln attempted to end up feudalism in America. There are 8 million working people in Sri Lanka. Before 1956, the people could not change their jobs, but the jobs were transferred from parents to children.

But with the initiation of the SLFP, that tradition came to an end. A Labour Ministry was set up.

When President Mahinda Rajapaksa was the Labour Minister in 1997, he attempted to introduce the Labour Ordinance. But then the President changed his ministerial portfolio.

But during his tenure, he set up the Vocational Training Authority. He introduced scholarships and insurance schemes for those who are employed abroad.

Victor Anthony takes the Chair.

Ajith P Perera (UNP): The UNP has agreed to the suggestion to increase the fines and sentences connected with matters related to the Industrial Disputes Act. It is a timely need. In labour tribunals as a policy, we accept that the procedures should be so strict as in other courts. But by now, the situation has changed. The cases drag along in labour tribunals. The employers call for a large number of witnesses, dragging the case for longer periods.

Rural Affairs Senior Minister Athauda Seneviratne: If the employer treats his employees properly, they do not need to be fined. When the employees would have to pay a considerable amount of money as fines, they do not hesitate to pay EPF to the employees.

A H M Azwer takes the Chair.

So far, nobody has alleged that there has been corruption in the EPF. So politicians should speak without levelling baseless allegations against it.

We have to pay a good salary to the working community. We can pay a higher salary only if the economy is developed.

The salaries in developed countries are high, but the prices of food and other items are also high. So we have to develop our economy.

Labour Tribunal cases should be solved soon. We have to introduce a mechanism to solve problems between employers and employees at a low cost.

It was not the UNP who introduced free education to Sri Lanka.

When D S Senanayake was abroad, C W W Kannangara introduced the Act relating to free education. Vocational training should be given to students during schooling.

The Amendment Bill was passed.

At adjournment

Economic Development Deputy Minister Laxman Yapa Abeywardena, yesterday stated that the Divineguma has proved to be a successful programme to develop economy of this country and Rs 3,863 million had been allocated for this project.

A H M Azwer in Chair.

Victor Anthony (UPFA): 'Divineguma' is an attractive programme operated throughout the country under the guidance of Economic Development Minister Basil Rajapaksa on the instructions of President Mahinda Rajapaksa.

During the operations against terrorism, massive projects to develop ports, airports, highways, road network and electricity were implemented. The President's vision is to create a happy family and a healthy society.

The objective of Divineguma was initiated for that purpose. So I wish to continue other relevant areas with the Divineguma programme.

Economic Development Deputy Minister Laxman Yapa Abeywardena: This motion is a timely one. After the operation against terrorism, we face the economic war to develop the economy of this country.

Then the Economic Development Ministry serves as a coordinating ministry. We initiated the Divineguma programme. From each Grama Seva Niladari Division, 100 family units were selected to uplift their living standards.

This was very successful. With its initiation, vegetable prices had been reduced effectively. Now there is an enthusiasm to grow vegetables in their own plots of land.

If the crops are excessive, starting from next year, they will be directed to other areas where we can gain economic development.

The government has allocated Rs 3,863 million for the 'Divinegama' programme.

The House was adjourned until 1 pm today.

To ensure national security:

'Govt won't hesitate to bring in new laws'

The Leader of the House and Irrigation and Water Management Minister Nimal Siripala de Silva yesterday stated in Parliament that the government would not hesitate to bring in new laws to ensure national security and prevent terrorism from raising its head once again.

He made this observation in response to a special statement made by Opposition Leader Ranil Wickremesinghe under Standing Order 23(2).

The Minister also stated that certain laws were needed to be kept intact and new laws to be brought in to ensure the national security because the wellbeing of the people, sanctity of this country and national security were extremely important in time to come.

Minister Nimal Siripala de Sila also stated that the issue of 'Grease Yakas' is a mythical creation of those terrorism friendly groups, who want to throw this country into turmoil and instability.

He said that their attempts are to prevent the investments that have been initiated to be made in Jaffna so that it will bring prosperity to that area.

Leader of the House and Irrigation and Water Management Minister Nimal Siripala de Silva: It is very unfortunate that the Leader of the Opposition through the question he has submitted under Standing Order 23 (2), refers to an alleged unstable situation in Jaffna.

Firstly, it is grossly unfair that the Leader of the Opposition refers in his statement of the inability of the security forces to prevent the harassing of the people of Jaffna. This statement has far reaching consequences.

Let me remind the Leader of the Opposition that it is this very security forces he is referring to, that liberated the people of the North including the people of Jaffna from the brutal terrorists who dominated the Northern Province for many decades. Today, their lives have come back to normalcy. In this regard, I refer the Leader of Opposition to many articles written by expatriate Tamils who have visited Jaffna who unequivocally state that people in Jaffna go about freely without any fear or intimidation.

Further, these same articles refer to the courteous conduct of the armed forces personnel, who are helping to maintain law and order in the Northern Province, including the Jaffna Peninsula.

The Leader of the Opposition, in this mischievous statement, blames the government that it has not been able to restore law and order in Jaffna. But quite contrary to this unfounded statement, the law and order situation in Jaffna is certainly at a satisfactory level.

The issue of 'Grease Yakas' is a mythical creation of those who want to throw this country into turmoil and instability. The police and the armed forces have worked together with effectiveness to ally fears among the public and apprehend and bring to book any mischievous element who has masqueraded as 'Grease Yakas.' Therefore, for the Leader of the Opposition to say that at no time had the government taken any steps to arrest this situation, is not only unfair, but also trying to score brownie points as a cheap political intervention that aims to consolidate his position as the Leader of the UNP.

Besides, the whole tone of the question is to discredit the armed forces which in my opinion, is not new to the Leader of the Opposition as during the humanitarian operations to liberate our people from the LTTE too, he had ridiculed the valiant and the noble efforts of our armed forces during which a large number of personnel in the armed forces have paid the supreme sacrifice.

May I respectfully submit to you Speaker, that the position of the Leader of the Opposition that people of Jaffna perceive that incidents involving mythical 'Grease Yakas' is a covert attempt to intimidate the people of Jaffna, is to discredit the government which has done a great amount of work in Jaffna and other parts of the Northern Province and also to discourage any investments that will come to Jaffna in time to come.

The assertion that there are well over 50,000 security forces personnel stationed in Jaffna, is once again an insidious attempt to discredit our security forces.

There are only 27,000 personnel of the Army, Navy and Air Force and also the Police. May I remind the Leader of the Opposition that the Northern Province where every inch of it was covered with land mines and IEDs, was made habitable and safe by the removal of these lethal devices largely through the contribution of the security forces who led the way to protect the citizenry of this country through the life threatening landmines clearing operations.

Therefore, it is necessary that the substantial presence of the armed forces is maintained until the government is sure that every inch of the Northern Province is safe for people to move back to their own habitats.

The Leader of the Opposition is to be reminded that once again that it is due to the contribution of our security forces that not a single life had been lost on account of landmines since May 2009.

The reference of the land within the high security zone is also very much misleading. Only 3.5 to 4 percent of the land is being used for the airport, harbour and fisheries harbour. The Leader of the Opposition may not be aware that many lands within the former high security zones have been released and the government is pursuing to release as much as possible of these lands within the high security zones to the legal owners of the relevant lands.

Once again, the reference by the Leader of the Opposition to many check points and patrolling which he alleges is taking place round the clock, is also to create the impression to the world at large that the security situation in the Northern Province is not normal.

I am not surprised that the Leader of the Opposition is doing this right now. Because even in the past, he has vilified the security forces, the government in power, not only in Sri Lanka, but particularly in forums abroad to bring discredit to the government.

This is one of his ploys to bring pressure on the government using external forces, but every election has provided a strong response to him and his party that the President and his government are held in high esteem by the people of this country.

I wish to submit to you and through you, to this august House, that the government has taken all necessary steps to arrest this alleged menace and I want to assure the public of the Northern Province and those in the Jaffna Peninsula, that the government will do everything possible to ensure that the hard won liberation is permanent and that no forces whether it be internal or external, can disrupt the peaceful environment that exist in the Northern Province and in the Jaffna Peninsula.

This morning, under the direction and guidance of the President, Traditional Industries and Small Enterprises Development Minister Douglas Devananda chaired a meeting in Jaffna bringing together all stakeholders to address any issues that people of Jaffna may have and also to explain to the people the measures taken by the government to allay any unfounded fears that may exist among the people due to the malicious propaganda which seems to be disseminated through the LTTE rump and internal elements who want to see this country in turmoil.

The government also ensured that Petroleum and Petroleum Industries Resources Minister Susil Premajayantha participates at this same conference held in Jaffna.

The people of this country and those who are interested in the welfare of citizens of this country, have unequivocably welcomed the lifting of the Emergency Regulations.

The Leader of the Opposition too welcomed it in this House when the President made the announcement referring to the desire of the government not to extend the emergency from September 2011.

In order to ensure national security and that terrorism will not raise its ugly heads once again, certain laws need to be kept intact and in fact if new laws are to be brought in the government will not hesitate to do so because the wellbeing of the people, sanctity of this country and national security are extremely important in time to come.

It is also to be reminded to the Leader of the Opposition that today the unity of this country along with its sovereignty and territorial integrity have been ensured by the President and the present government.

The Leader of the Opposition should take note that as Sri Lanka is a unitary state, that its security forces and the police could be present in any part of the country if there is a necessity to ensure the safety of its citizens.

The attempt of the Leader of the Opposition to highlight the number of security forces personnel stationed in Jaffna, therefore, is an attempt of cowardice to discredit the work of the government which many people in the country, irrespective of party politics seems to be appreciative of.

In conclusion, I wish to ensure you the Speaker and through him to this august House that the government is quite capable of handling any situation and that it will do its utmost to ensure a peaceful environment for the public in this country, wherever they are to continue with their livelihood and get about their day-to-day life without any intimidation or fear.

Opposition Leader Ranil Wickremesinghe: On 23rd August 2011, I referred in this House to the inability of the security forces to prevent 'Grease Yaka' from harassing the people of Jaffna. We expected the government to go into this issue and restore law and order in Jaffna. Unfortunately, this has not been done.

It is the perception of the people that this is a covert attempt to intimidate the people of Jaffna.

At the moment, there are well over 50,000 security forces personnel stationed in Jaffna. 25-30 percent of the land is within the High Security Zone.

There are many check-points and patrolling that takes place round the clock. This is sufficient to apprehend the 'Grease Yaka'.

It is obvious therefore that the government has the machinery, but for some reason best known to them, they have failed to stop this menace.

Another matter that needs to be addressed is the High Security Zones which were established under the Emergency Regulations which have now lapsed.

Accordingly, the lands that have been taken over for the High Security Zones have now to be returned to the legitimate owners.

I would also therefore like to ask the Prime Minister when and what steps will be taken to return these lands?