PARLIAMENT

'Govt's responsibility to protect environment, regulate waste disposal'

Irangika RANGE and Sandasen MARASINGHE

Deputy Speaker Chandima Weerakkody presided when Parliament met at 1 p.m yesterday. After the presentation of papers and oral questions, the House took up several orders under the Code of Criminal Procedure (Special Provisions) Act and several regulations under the National Environmental Act, for debate.

Environment Deputy Minister Abdul Cader: It is the responsibility of the government to take measures to protect the environment and regulate waste management.

Dumping garbage within Municipal Councils and Urban Council limits, have badly affected the environment.

We must initiate a proper waste collection system. Then only can we stop the destruction caused to the environment.

There should be a proper programme to prevent the dumping of garbage on main roads and highways. The Central Environmental Authority, has been vested with powers to prevent garbage being dumped by the side of roads.

Rules and regulations must be implemented to restrict garbage being dumped beside roads.

John Amaratunga (UNP): We welcome these regulations. It is our duty to protect the environment. We must also appreciate the contribution made by the security forces personnel to protect and clean the environment. The regulations were passed.

The House was adjourned until 1 pm today.

The Criminal Procedure (Special Provisions) Act:

'Operation of Act will be extended by gazette notification'

Parliament yesterday, agreed to postpone the debate on the Order under the Code of Criminal Procedure (Special Provisions) Act that included to lengthen the period from 24 hours to 48 hours that a suspect could be detained in police custody.

According to the Order Paper, the debate was scheduled to be held yesterday. Justice Minister Rauf Hakeem, moved the Orders in Parliament. With a Point of Order raised by Opposition Leader Ranil Wickremesinghe, a tense situation arose in the House. Deputy Speaker Chandima Weerakkody, adjourned the House for 30 minutes at 3.05 pm.

Ranil Wickremesinghe stated that the Justice Minister presented an Act that had lapsed on May 31, 2009 and attempted to extend it for another two year period. He said that if the same Act was needed to be imposed, it should have to be gazetted one month before the Orders were presented in Parliament.

Justice Minister Rauf Hakeem stated that the gazette in this regard was issued earlier, before Parliament was dissolved. He also said that Parliament could pass the gazette notification even now. He also requested to deliver a ruling in this connection.

Due to this tensed situation, several Opposition members tried to come near the Mace, but the Sergeant-at-Arms, Narendra Fernando and Assistant Sergeant-at-Arms Kushan Jayaratne, rushed towards the Mace. The Opposition members made loud noises by thumping on their desks.

The Deputy Speaker then adjourned the House for 30 minutes and met again at 3.40 pm.

Justice Minister Rauf Hakeem requested for the postponement of the debate for another date on a decision taken at the Party leaders meeting. The House agreed and put off the debate.

Justice Minister Rauf Hakeem: I move the order under the Code of Criminal Procedure (Special Provisions) Act. The operation of this Act will be extended by a gazette notification. This move is taken to prevent the delay in hearing of certain criminal matters.

For particular crimes, the period for suspects to be detained has been extended to 48 hours from 24 hours.

These suspects cannot be detained on the discretion of police officers, but by the supervision of the judiciary. If the suspects need the support of an attorney, they can do so.

This is a very important amendment. The Attorney General can file direct indictments before High Court with regard to certain criminal incidents such as the Angulana incident.

We extend this Orders for two years. We will have discussions later in this regard, to make this amendment a permanent one.

Yesterday, the Opposition attempted to say that the President is directing the security forces to maintain law and order in the country.

But it is only if the police were unable to curtail the situation.

With regard to the 'grease yaka' mythical situation, any responsible government has to arrest the situation.

When I made inquiries from the Commander of the Army, he said that armed forces personnel are deployed only if the police needed their help to maintain law and order. It is acceptable according to the Public Security Ordinance.

Opposition Leader Ranil Wickremesinghe: I raise a point of order. The Minister stated that the persons who were arrested cannot seek an attorney's assistance. He also said that those arrested can be detained for 48 hours. These two measures are very dangerous. Is the 18th Amendment legal? It was presented against Standing Orders. The regulation presented today is not legal as the consent of Parliament had not been gazetted by the previous minister.

You can take instructions from the Commonwealth Parliamentary Association, because our Speaker is the Chairman of the Commonwealth Parliamentary Association. Suspects who are detained for 24 hours, could be detained for 48 hours. The public should know this.

John Amaratunga (UNP): This regulation is not legal as it was not gazetted on the proper date.

Wijedasa Rajapaksa (UNP): This Act, No. 42 of 2007, expired on May 30, 2009. But Minister Rauf Hakeem moved to extend it today. We could have done it, if the matter was presented before Parliament two months before May 30, 2009.

Then it had to be gazetted. Even after the Motion, was passed it had to be gazetted. It had not been done.

So this Act cannot be extended. The Judiciary does not accept it.

Justice Minister Rauf Hakeem: The responsibility of the government is to present it before Parliament and to gazette it. There is no time limit for that.

Wijedasa Rajapaksa (UNP): Now you are attempting to give life to a dead Act which is impossible. There is a specified time limit to gazette it.

Justice Minister Rauf Hakeem: For the approval, a time limit is not given. So Parliament can approve it at a suitable time.

It was not challenged so far. As of now, they challenge it. We will take itup for approval.

Opposition Leader Ranil Wickremesinghe: Before one month had lapsed, the matter should be noticed and passed in the House and be gazetted.

Then Acting Minister Putrasigamoney noticed. Before it was approved in the House, Parliament was dissolved. So the Act has lapsed. So now it cannot be extended.

Justice Minister Rauf Hakeem: The gazette notification had been issued earlier. Parliament was dissolved. But that gazette notification can be passed now. I request that the House adjourn and later deliver a ruling in this connection.

John Amaratunga (UNP): Now those who are detained for 48 hours will have to be released. It is a problem of a grave nature.

Deputy Speaker Chandima Weerakkody: The legality of a Bill and constitutionality cannot be argued as a Point of Order. This issue cannot be decided by the Chair. The House have to decide it.

Opposition Leader Ranil Wickremesinghe: There is no Bill presented before the House.

The Deputy Speaker adjourned the House for 30 minutes. Then again the House met at 3.40 pm.

Justice Minister Rauf Hakeem: According to the decision reached at the party leaders meeting, the debate will be postponed for another date.

The House agreed.

'Topic of adjournment motion unable to be debated'

Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena told Parliament yesterday the topic of the adjournment motion debate cannot be debated in the House due to sub-judice.

TNA MP A Vinayagamoorthy moved the adjournment motion relating to security forces.

'It has been revealed that this matter is before courts when we were finding information to reply the adjournment motion. Therefore, we cannot debate this issue in Parliament today, he said.