PARLIAMENT

Budget 2012:

'Judiciary has not undergone any radical changes'

Sandasen MARASINGHE, Irangika RANGE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided, when Parliament met at 9.30 am yesterday.

After the presentation of papers and oral questions, the House took up the finance heads of Justice, Rehabilitation and Prison Reforms, Public Administration and Home Affairs, Local Government and Provincial Councils and National Languages and Social Integration, during the Committee Stage debate of the Appropriation Bill 2012.

Justice Ministry has the responsibility of ensuring law and order

Wijayadasa Rajapaksha (UNP): Today is International Anti-Corruption Day, which coincidently we take up a very important finance head today. The Justice Ministry has a responsibility to ensure that law and order is carried out in the country.

People in the country have no faith on the prevalence of law and order in the country. There are problems as to whether justice is being carried out through our judiciary system.

The credibility of the police have been breached. Incidents such as in Dompe and Karandeniya were are proof of this fact.

People have taken the law into their hands what people call anarchy in a country. The Justice Ministry has not been allocated sufficient funds to undertake serious work. The delays in Court cases have a severe impact on people as well as the development of the country.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair.

Suresh Premachandran (TNA): About 30 months have elapsed since the conclusion of war. A large number of ex-LTTE cadres have been under government care. Until now, despite our frequent requests even to the President, a name list of the detainees had not been forwarded to us. Because of this reason, we have been unable to trace whether these people are alive or dead. How long is the government going to hide these facts?

Now Emergency Regulations have been removed, but still the Terrorism Prevention Act is operative.

Judiciary main institution in a democratic country

Rural Affairs Senior Minister Athauda Seneviratne: The judiciary is the main institution in a democratic country. The judiciary always appears on behalf of the people. Our judicial system had not undergone radical changes, but it slowly changes according to time.

The main issue in the judiciary is the delay in court cases. Especially court cases in regard to land have been delayed. I observe that this problem has been prevailing even before Independence. It is a weakness of the system.

Some solutions should be provided regarding this issue. Urgent cases should be given priority. This issue is a challenge before the Justice Ministry. The delay in court cases have been a wastage of time and money, which affects the development process. Now the number of district and magistrate courts have been increased to address this issue up to some extent.

Ajith P Perera (UNP): When talking about the judiciary, we have to ponder about its efficiency, quality and impartiality.

There has been a question as to whether the judiciary operates impartially. This invariably connects with the efficiency and quality of the judicial system.

The judges should be provided with at least two years' post graduate education before they undertake their duties. Presently, the judges follow various policies in regard to Court cases pertaining to granting of bail. All judges should follow a standard policy when delivering their verdicts.

Lakshman Wasantha Perera (UPFA): The power of appointment of judges in the Supreme Court, the Appeal Court and High Courts have been vested on the leader of the country. This had been vested during the 1972 and 1978 Constitutions.

The government's aim is to establish an efficient judiciary in the country. This task has been successfully undertaken by the present regime. The necessary amendments have been implemented to solve the existing problems in the judiciary. More amendments would be implemented in the near future too.

In 2012, we expect to construct 28 Court complexes with three being main Court complexes.

S Alantin (UPFA): I would like to greet the ex-LTTE cadres who have arrived at the gallery to witness Parliamentary proceedings. These ex-LTTE cadres were to be released tomorrow, after the completion of their rehabilitation programme. When they have been integrated back to society, these individuals should be treated equally. Necessary guidance to lead their lives in a successful manner had been provided to them through rehabilitation.

Former Army Commander should be granted a pardon

Lakshman Kiriella (UNP): I make a request that a general pardon be granted to former Army Commander Sarath Fonseka. We should avoid policies of revenge. The minister has necessary provisions to grant him a general pardon.

Justice Minister Rauf Hakeem: Our vision has been to create an efficient system in the administration of justice. We have intended to reform the law to respond to the needs of the society in keeping with global advancements and the aspirations of the people.

In addition to reforms, the law should cater to greater recognition, protection and promotion of the rights of the citizens.

It is also necessary to introduce radical changes to the judiciary system. We have taken a number of measures to strengthen the judiciary in the country. The budget proposal for setting up of a new international arbitration centre in Sri Lanka has been commendable.

Sri Lanka will be converted into a natural arbitration centre. This has been a very timely move. The government has allocated 3 acres of land to set up the new arbitration centre in Colombo.

Prime Minister D M Jayaratne: It is our responsibility to maintain the dignity in the judiciary. Then only can we govern the country properly. It is necessary to appoint new lawyers and also set up new court complexes to conclude the pending court cases which have been dragging for long period. I propose to set up a separate court complex to take up cases involved in Bhikkhus. President Mahinda Rajapaksa has taken steps to develop the country and grant equal rights to all communities. Therefore, I request all rehabilitees to extend their contributions for the development of the country.

A H M Azwer takes the Chair.

Jayantha Ketagoda (DNA): Prison officers have not been paid their allowances and bata yet. The government should take steps to make these payments soon. People have no faith in the judiciary, due to a number of incidents which had taken place in the recent past.

Sajith Premadasa (UNP): Allowances of the Prison employees have not been paid since September 2010. But massive amounts of funds have been allocated for purchasing vehicles for high ranking officials. This is very unjust.

Vijayakala Maheshwaran (UNP): Around 600 Tamils are being detained for more than 15 years. Now the war has been concluded and normalcy has returned, but why was the government still detaining them?

Rehabilitation and Prison Reforms Minister Chandrasiri Gajadeera: Instead of keeping the prisoners in prison, the ministry has taken action to identify their talents, plans to utilize it for the economic development of the country. Also the ministry had considered the prisoners as human resources of the country.

The ministry has utilized their talents for the betterment of this society. The ministry has the responsibility to see that they are better citizens of our society.

Consequently prisons and prisoners would not be in future treated as prisoners and prisons, but would be converted as rehabilitation centres and open camps. Prisons located in main towns will be shifted to other cities.

New technologies will be introduced in prisons for better administration. By these activities, corruption will be eradicated in prisons.

House resumes sittings after lunch break

Parliament resumed sittings at 1 pm after being adjourned for lunch at 12.30 pm.

The House took up the committee stage debate of the Appropriation Bill and debated financial heads of the Public Administration and Home Affairs Ministry, Local Government and Provincial Councils Ministry, and the National Languages and Social Integration Ministry.

Public Administration and Home Affairs Minister W D J Seneviratne: After a long period of time, our government is attempting to convert the country to be the 'Wonder of Asia' To initiate the government's programmes such as the Gama Neguma, Maga Neguma, and Divi Neguma, District Secretaries and officials have been contributing a great deal to make them a success.

Now modern technology and relevant knowledge has been introduced to the public service to provide a speedy service to the public. If a person needs a copy of a birth certificate, unlike in the past, he could obtain it within a few hours.

In the past, we had a large shortage of officials in the public service. The clerical staff consisted nearly 5,000 personnel, while at present we have recruited more that 4,000 personnel.

Other fields also have been the same. There was a great shortage of officials in the North and East.

We have been able to recruit about 503 management assistants to the North and East. Out of them, 480 had been Tamils, while three had been officials with a working knowledge of English.

Only 20 officers were working in Sinhala language. But TNA MP Suresh Premachandra very recently said otherwise, as we recruited one Sinhala official who was appointed to Mannar and a Tamil official to Moneragala.

Those officers who were recruited to the public service after 2007, were officials with a knowledge of both Sinhala and Tamil.

Suresh Premachandra (TNA): A Sinhala government agent had been appointed to the Mannar District. Though he could converse in the Tamil language there is an issue. Can he speak in Tamil with other officials in the Tamil language? The entire population in Jaffna were living under rules and regulations of the Army.

COPE report should be thoroughly examined

Good Governance and Infrastructure Senior Minister Ratnasiri Wickramanayaka: My view is that when a person is recruited as a public servant, he should be able to serve in whatever language he uses. Even I hold this portfolio. This ministry took great efforts to establish civil administration in North and East.

Now there is criticism that the public service had collapsed.

There should be a mechanism to change attitudes for the betterment.

This process should be continuous. They should be given continuous training.

The contents submitted in the COPE report should be examined thoroughly. The recommendations in it would help strengthen the public service. Grama Niladari officers should be given a proper training. These officers contribute a lot for the development of villages.

Grama Seva Niladari officers' dignity must be preserved

R Yogarajan takes the Chair.

Joseph Michael Perera (UNP): These subjects are important sections of the country.

In each divisional secretariat division, there is a greater number of public servants. But coordination among them had been poor. Dengue is still not successfully controlled. New technology should be introduced to DSDs. All data should be computerized for easy access during needy times. Grama Niladari officers should be provided with necessary facilities. The dignity of their profession should be preserved.

Local Government and Provincial Councils Deputy Minister Indika Bandaranayake: Coordination between Local Government and Provincial Councils and the Central Government have been facilitated by this ministry. New members have been elected to 333 out of 335 local government bodies in the country. We commenced a training programme for those elected members, to guide them for a better service for the people.

This programme was launched in Gampaha.

Sajith Premadasa (UNP): Local Government representatives should work very closely with the people. They have the opportunity to mingle with people more often and understand their urgent needs.

However, the government's attitude towards these local government members had not been adequate. The wages of a Pradeshya Sabha member amounts to only Rs 5,000 and the amount paid to an Urban Council member is Rs 7,500. I suggest that this amount be increased to at least Rs 15,000.

Praba Ganeshan (UPFA): I would like to speak about the National Languages and Social Integration Ministry. This is a ministry which has an enormous responsibility to promote ethnic harmony in the country.

Minister Vasudeva Nanayakkara recently mentioned in Parliament that there is no language barrier in singing the National Anthem. Some extremists hold different views with regard to this issue.

Saravanabawan (TNA): In order to give the constitution a chance to operationalize its provisions in practical terms, the government, instead of extending it with one hand, and taking it away by the other, should develop the capacities of the provincial councils to take over their development responsibilities without weakening them. We are yet to witness credible signals and genuine commitment by the government towards devolution. We have never heard from the minister any advocacies to protect the rights of the provincial councils and local governments.

National Heritage Minister Dr Jagath Balasuriya: Radical changes should be introduced to the local government system. It will pave the way to increase the efficiency and productivity in local government bodies. It is necessary to give more powers to the local government system.

Then only will local governing bodies be able to provide better public services. It is necessary to increase the number of female representatives in Parliament.

Female representation in other counties have been very high. Therefore, a quota system should be introduced to increase female representation in provincial councils too.

Sujeewa Senasinghe (UNP): The Provincial council system has been essential to the country. Therefore we must strengthen the system. It is the UNP who introduced many reforms for the betterment of the local government and provincial council system.

The UPFA who was apposed to the system when reforms were introduced by the UNP were now implementing them now.

Higher Education Deputy Minister Nandimithra Ekanayake: All development projects at rural level have been carried out according to the proposals made by members of local government bodies and provincial councils. The government has allocated a massive amount of money to expedite their duties.

The government agents have provided every type of facility possible to serve the people. A number of development committees have being implemented in rural areas to carry out and moniter the development activities.

Pon Selvarasa (TNA): Officers working in local government bodies and provincial councils, should be educated in all three official languages to provide better services to clients, especially Tamil speaking officers should be appointed to offices in the North and East.

Prof Rajiva Wijesinghe (UPFA): It has been necessary to ensure the development of new teacher training models, given that in the past seventy years since J R Jayewardene moved his fatal motion that straitjacketed our students in monolingualism state institutions, have failed to produce sufficient teachers of the national languages. Of course, it is our rural schools and our rural children who have suffered most from this.

R Yogarajan (UNP): I suggest that the number of district secretariats should be increased in Nuwara Eliya District. They should be Nanuoya, Agarapathana, Thalawakele and Nuwara Eliya.

Public Management Reforms Minister Navin Dissanayake: I suggested that it be two. But there was a consensus for three as the representatives asked for three. So, we have finalize that number for three. That's all.

Public Administration and Home Affairs Minister W D J Seneviratne: We have recruited 310 Tamil management students for public service in 2010, and 480 in 2011.

Public Management Reforms Minister Navin Dissanayake: When I speak of public servants, I feel that a larger number of them have been working with dedication. Only a few had not been so. We need structural changes and attitudinal changes to boost the public service. There have been difficulties in initiating structural changes. We have a workforce of 1.3 million in the public service. The government has no intention of reducing the cadre.

The government had recruited a large number of youth to strengthen the public service. So we need to have an attitudinal change.

We have to initiate a subjective and an objective change. We hope to do so through the Ministerial Review Committee's recommendation.

This government has plans to conduct training courses to public servants before they are given appointments. This budget has allocated Rs 40 million for this purpose. We hope to conduct that training course this December. We have to introduce a rewarding system to public servants who achieve targets with the objective to recognize their service.

Water Supply and Drainage Minister Dinesh Gunawardena: The Local Government Institutions have been the closest institutions to the public. These institutions can play a major role in developing rural areas and it must play that role.

Now we have come to a juncture where we have to change this corrupt electoral system, preferential vote system and proportionate system. We have to fulfil the demands of the people to elect members who would serve them.

We have already moved that Bill to change the electoral system in Parliament. We only have to pass the committee stage of that Bill. Plans are afoot to take that Bill next January into consideration. That will be helpful to guarantee good governance, so that with the support of the people we have to pass this Bill in January.

Plights of public servants and pensioners should be looked into

P Harison (UNP): We have already given our consent to pass this Bill. If you bring this Bill next January, we will give our support to pass it. It will be helpful to put a full stop to the preferential vote system that has created clashes among contestants.

When we consider plight of the public servants, they have many salary anomalies. Retired public servants too have salary anomalies. They are very old.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair.

S Alantin (UPFA): Public administration work had not been continued properly in the Northern and Eastern provinces during the period of war. The public officers had undergone hardships and they could not sometimes even reach these regions. Now, this situation has been changed and we see that the public servants are doing their best.

The rehabilitation work in the North should be given high priority. This work should be constantly monitored.

Public Administration Deputy Minister Wijaya Dahanayaka (UPFA): We are ready to establish an efficient public administration in the country. We have placed high priority for the people in the North. The Registration of Persons Department have worked dedicatedly to provide maximum support for the people in the North, who have lost their NICs and other essential documents.

During the past years, we have supplied 61 vehicles for public administration work in the North. We will begin constructions of Mullaitivu and Kilinochchi DSD offices next year.

In the North and the East, we have recruited 430 Tamil speaking individuals to the public service. Appointments have also been given to a large number of vacant positions in the North and East.

Vijayakala Maheswaran (UNP): The Public Administration Ministry has been very important to the Northern Province. Sinhala officers have been appointed to various positions in the administrative service in the North. This has created doubts among our people. Tamil officers should be appointed to these positions since the majority in these regions belong to the Tamil speaking community.

Local Government and Provincial Councils Minister A L M Athaulla: Even the Opposition has agreed to the fact that local government bodies should be further strengthened. It is the President who took the initial step in this regard. Now free and fair elections have been conducted in almost all of local government institutions. We have completed elections in 322 local government authorities. Only 2 local government authorities in the Northern province were remaining for the conduct of elections.

National Languages and Social Integration Minister Vasudeva Nanayakkara: Our vision is to build one Sri Lanka. To persue this vision, we need to enhance harmony and interconnectedness of the different ethnic communities.

This work will help towards a better political solution to the ethnic issue in the country. We consider both Sinhala and Tamil languages as equally important, while English is promoted as a link language between the two communities.

We are in a post war era which had dawned after a long conflict period. Due to this conflict, a major gap between the Sinhala and Tamil community had been existing. We need to heal the injuries in our people's minds over past tedious experiences.

This is a major task. We have provided facilities to work in the Tamil language in courts, offices and to keep all records in Tamil, where the majority are Tamil speaking people. We promote the use of both Sinhala and Tamil. I need the cooperation of all ministries towards this task.

The Finance Heads were passed.

'Attack on Lakbima Editor, Rajpal Abeynayake deplorable'

At Adjournment

Mass Media and Information Minister Keheliya Rambukwella: stated in Parliament yesterday, that despite political opinion or other policies which had been upheld by journalists, they should be provided with freedom to work independently. He said that the government was bound to safeguard the rights of journalists.

The minister made this observation replying to an adjournment motion moved by UPFA MP Tharanath Basnayake.

Taranath Bsnayake (UPFA): Attorney-at-Law and Editor of Lakbima Newspaper, Rajpal Abeynayaka, had came under a goon attack which had threatened his media activities during a meeting of lawyers on December 3, 2011. It should be noted that the law had not been enforced and no arrests made so far in regard to this incident despite a complaint lodged.

Thilanga Sumathipala (UPFA): We condemn this attack that had been made on Editor Rajpal Abeynayake. Therefore, it is necessary to take action with immediate effect to bring the culprits to book.

Sujeewa Senasinghe (UNP): A number of journalists have been attacked and murdered after 2005. No person or persons responsible for these attacks have not been arrested so far.

A H M Azwer (UPFA): Rajpal Abeynayake had been attacked brutally. This is a very shameful situation.

Media Minister Keheliya Rambukwella: A number of journalists had been attacked and murdered during the UNP regime. There was no freedom of expression during the UNP era.

Journalists of whatever political party and colour they belonged to, will be looked after and protected. We are in the process of creating an environment conducive to journalists to work freely and independently.

The House was adjourned until 9.30 am on Monday (December 12).

Electoral Amendment Bill first Bill to be taken up next year - Dinesh

Sandasen MARASINGHE, Irangika RANGE and Disna MUDALIGE

The first Bill to be taken up in Parliament next January is the Bill to amend the electoral system, Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena said yesterday.

He made this observation in Parliament yesterday joining in the committee stage debate of the Appropriation Bil on the finance head of the Local Government and Provincial Councils Ministry.

The minister said that the existing proportionate representative electoral system is corrupt and the system has to change.

The minister said that the wish of the people is a change in this electoral system. He said the support of the House is needed to adopt the first past the post system.

He stated that the local Authorities Election (Amendment) Bill has already been moved in Parliament, and would be passed as the first Bill in January next year.

UNP MP P Harison joining in the debate on behalf of the Opposition, said that they had already expressed their consent to this Bill and would extend their fullest support to pass this Bill.

Changes in legal, judicial sectors New Bill next year - Hakeem

Justice Minister Rauf Hakeem told Parliament yesterday that a new Bill, that will effect vast changes in the legal and judicial sectors will be presented in Parliament next year.

Participating in the third reading debate on budget 2012, the minister said the existing laws and regulations need to be changed to suit modern day requirements.

"We have decided to bring changes. We have taken action to strengthen law and justice in the country," he said.

"The budget proposal of setting up a new International Arbitration Centre in Colombo is commendable. We must thank President Mahinda Rajapaksa for setting up this International Arbitration Centre, which will help earn millions of dollars to the country," Hakeem said.

Fonseka leading a comfortable life in prison - Gajadheera

Sarath Fonseka is leading a comfortable life in prison, Rehabilitation and Prison Reforms Minister Chandrasiri Gajadheera said yesterday.

The minister made this observation in Parliament yesterday joining the committee stage debate of the Appropriation Bill when the finance Head of Rehabilitation and Prison Reforms Ministry.

He was responding to a statement made by an Opposition member.

Gajadheera said that Fonseka was detained in a separate room in prison and was taken to a private hospital everyday for treatment.

The minister said that Fonseka makes statements to media, though he is a prisoner.

"It is a punishable offence under the Prison Ordinance," he added. He said that the Prison Commissioner could take action against such offences.

"Fonseka makes statements to the media on his way to the private hospital," Gajadheera said.

The minister said that the media too is committing an offence by publishing, broadcasting or telecasting those statements. He added that prison officers could take steps in this connection. Gajadheera said that Fonseka has no grievances as the UNP point out.

He said the UNP was pleased with Fonseka being imprisoned.

Self-sufficiency in black gram, maize by next year

Agriculture Minister Mahinda Yapa Abeywardena told Parliament yesterday that the government hopes to achieve self-sufficiency in Undu (black gram) and maize by next year.

Responding to an oral question raised by UNP MP Buddhika Pathirana, the minister said facilities have been provided to farmers to achieve this target.

"Farmers have been given all encouragement, including imported seed varieties, to be self-sufficient in agriculture," he said.

The minister said additional food crops and seed paddy have been provided to farmers faced with difficulties as a result of their crops and cultivations being destroyed due to heavy rain and floods in Vavuniya, Kilinochchi, Mullaitivu, Mannar and Jaffna districts.