Parliament

President never influenced the judiciary - Minister Anura Yapa

Sandasen Marasinghe and Irangika Range

Deputy Speaker Chandima Weerakkody presided when Parliament met at 1 p.m. yesterday.

After presentation of papers and oral questions, the House took up the adjournment motion moved by DNA Parliamentary Group Leader Anura Kumara Dissanayake.

Anura Kumara Dissanayake (DNA):

The current problems faced by the Judiciary are the main considerations of this motion. We know today the judiciary is threatened.

The government should act to ensure the independence of Judiciary. The existing laws have been formulated according to the wishes of the ruling party. There is no independence of Judiciary. Today, the ruling party makes use the judiciary to achieve its political targets. We saw the Judiciary giving many decisions in favour of the ruling party. Therefore, the ordinary people of this country has no faith in the Judiciary now.

According to the Constitution, the working class of the country is entitled to fight for their fundamental rights. But today, the government is engaged in sabotaging these struggles. The independence was under threat from 1978. Today the Executive Presidency tries to take over all powers of the judiciary. Judicial Services Commission Secretary was attacked recently. The government yet to identify the culprits. This is very shamefull.

Wijayadasa Rajapaksa (UNP):

It is necessary for the Judiciary and Executive to act in a more balanced manner for the benefit of the people. One of the worst crimes done by Parliament was abolishing the 17th Amendment. This has resulted in causing a number of problems. There is no independence of Judiciary. Appointments of Judges are made by the Executive.

Therefore, the independence of Judiciary is at stake today.

Lakshman Kiriella (UNP):

The powers of the Judiciary are under the wings of the Executive. The President only can nominate judges and he does not have powers to make judicial appointments. As a result several decisions taken by the government, the independence of Judiciary has been threatened.

Prof. G.L. Peiris (External Affairs Minister): The appointment of Manjula Tilakaratne as the Secretary to the Judicial Services Commission was done in violation of the Constitution.

The person appointed was 30th in the seniority list. What is his special qualification to hold this post?

According to the 17th Amendment to the Constitution, the most senior judges of the Courts of First Instance should be appointed as the Judicial Services Commission Secretary. Most of the problems have arisen in the Judiciary after this appointment.

Deputy Speaker Chandima Weerakkody takes the Chair:

Vasudeva Nanayakkara (National Languages and Social Integration Minister):

I would like to know the findings of the investigations on the assault of the Judicial Services Commission Secretary as one who condemned the heinous act as well as one who requested for an investigation. We all asked for an investigation together. If someone say that the investigations are fruitless who asked for the same, why did they made the request.

All details on the telephone calls taken using the towers around the road Secretary Thilakaratne travelled are taken for investigations. A sketch of the suspect attacker was published. The names who bought "Micro" vehicles are also being scrutinized.

Many other measures have been taken to find out the culprits. But all the details have not been included in this report as that would have negative impact on the investigations.

I have to say to Anura Kumara the capitalist democracy is better than your proletariat democracy.

Dayasiri Jayasekara (UNP):

I don't attempt to defend Thilakaratne or you. Chandra Jayathilake, Dammika Kithulgoda and Gopallawa who were Judicial Services Commission Secretaries recently were all District Judges. No High Court Judges were appointed as Judicial Services Commission Secretary recently. So both sides have made mistakes. When CJ's husband was appointed as Chairman of Sri Lanka Insurance I opposed. But you spoke against me. What has happened today? But this is a result of Divineguma Act Judgement.

Susil Premajayantha (Petroleum Industries Minister):

No. This is not a result of the Divineguma Act Judgement. We refuse it. That is a Minister's Act to provide more benefits to the people.

The Speaker made a statement following the practice of previous Speakers.

During the UNP regime, President J.R. Jayewardene did not allow three Supreme Court Judges to take oaths, when the 1978 Constitution was introduced. So those three Supreme Court Judges were removed in a cunning manner. But we don't do such things. We don't need to involve in these matters, though the Opposition level various allegations.

There was a period when the Courts were closed by a chit. Those who did all these are speaking of independence of Judiciary. Those who blast bombs in Parliament and those who hurled stones at

Judges residences speak of independence of Judiciary and supremacy of the Parliament.

Sriyani Wijewickrama takes the Chair.

So far the matter is under investigation. Vijaya Kumaratunga was imprisoned on the Naxalite case. But what happened. It was only a suspicion during the UNP regime I appeared for a case which charged my client for using an offensive weapon. But the Government Analyst had said it was a fire cracker.

After my submissions, the Court adjourned for 30 minutes. But later my client was remanded as a result of a telephone call of a politician in the area.

Ajith P. Perera (UNP):

The Executive has been using the Judiciary as a cat's paw. However, the conduct of Judges can be discussed here according to the standing orders only at a no-confidence motion. But now it is not the practice.

Dilan Perera (Foreign Employment Promotion and Welfare Minister):

Ajith Perera said that we have to abide by the standing orders but in deed he did otherwise.

Wijedasa Rajapaksa talked many things but deliberately forgot that Thilak Marapana ended up as the Defence and Transport Minister in the UNP government.

He cannot forget it because Wijedasa Rajapaksa himself argued in the Supreme Court to the effect that Thilak Marapana cannot hold office of a Minister as he was a former Attorney General.

Who benefits from the assault on Manjula Thilakaratne. Not the government but the opposition. It is a damage to country and to the government. So anyhow the culprits should be brought to books.

Dayasiri Jayasekara said that they never criticized the Supreme Court judgements. But they, the UNP Members help placards in parliament and also at Hyde Park Corner against the judgement of S.B. Dissanayake after it was delivered.

We have to protect the independence of the legislature.

Anura Priyadharshana Yapa (Environment Minister):

Opposition members said the government assaulted Manjula Thilakaratne and we categorically deny that.

The Judicial Service Commission deals with the matters of judges below High Courts. Its Secretary is an employee of the government.

However, this Commission has transferred a lady judge to seven places within a year. There is a procedure to transfer a judge.

However, the said judge had no place to air her grievances, so that the Parliament has a responsibility to attend to that matter.

The President has never influenced the judiciary.

Just by separating Executive and Judiciary we cannot make these institutions independent. For the fact that they don't speak independence is not guaranteed.

We are glued to the old systems.

When we consider the insurance matter, we have to deal with a public servant if he has committed an offence. The Judicial Service Commission Secretary was one without proper qualifications. He had issued a letter which he should not have done. As a result he had created an issue with himself. Finally what I have to say is that the culprits would be brought to books.

Sujeewa Senasinghe (UNP):

Now the government says that Manjula Tilakaratne is not a qualified person to hold the post of the Judicial Services Commission Secretary. It is a lie. He is a Senior Judicial Officer and lecturer of law.

Jayaratne Herath (Deputy Minister of Industry and Commerce):

It is wrong to make allegations against the government regarding the attack on Manjula Tilakaratne. Without knowing the facts or concluding the investigations, the Opposition cannot come to a conclusion that the government is involved in this attack.

J. Sri Ranga:

Law should be honoured in this country. If any person has committed any crime, he or she should be prosecuted irrespective of his/her colour, party, race and religion.

Rauff Hakeem (Justice Minister):

An investigation is being carried out to probe the matter of assaulting JSC Secretary Manjula Tilakaratne.

The JSC is an administrative body. Powers are vested with the JSC to appoint judges. There were cases in the past against the JSC.

The House was adjourned until 1.30 p.m. on November 6.

Govt spends additional US$ 1.2 b on crude oil

Sandasen Marasinghe and Irangika Range

Petroleum Industries Minister Susil Premajayanth told Parliament yesterday that the government has had to spend an additional sum of US $ 1.2 billion to import crude and refined oil due to the US sponsored sanctions against Iranian oil exports.

The minister said that by October last year the government had spent US $ 3.8 billion on oil imports but this amount had reached US $ 5 billion by now.

The minister said that the government has made arrangements to purchase crude oil from Saudi Arabia and other oil producing nations and orders have been placed for 135,000 metric tons of Arabian light oil and for another 80,000 MT in the open market.

The minister said this in response to a query by JVP MP Anura Dissanayaka.

Complete COPE report before year ends - DEW

Sandasen Marasinghe and Irangika Range

The complete report of the COPE committee on 235 government institutions for the financial year 2012 will be presented to the Parliament before the end of this year, said the Human Resources Senior Minister DEW Gunasekara in Parliament yesterday.

He made this observation presenting an interim report on 32 institutions in Parliament.

Minister Gunasekara further said that last year for the first time in history COPE report on 229 institutions were submitted in Parliament. With the submission of this report and other practical measures there are much positive results.

One is that the annual reports, other plans and documents are being submitted to the Attorney General, Cabinet of Ministers and Parliament. Another measure taken by the COPE Committee in that it urges the Cabinet of Ministers to implement the recommendations by the Committee.

He added that the progress reports on the implementation of these recommendations are being submitted to the Cabinet by the ministers.

Gunasekara further stated that heads of most institutions, members of several boards were changed.

Some cases were directed to the Criminal Investigation Department for further investigations and some others were directed to the Bribery Commission for further action.

NDT unit to conduct research, tests using nuclear technology

Sandasen Marasinghe and Irangika Range

Power and Energy Minister Patali Champika Ranawaka yesterday said in parliament that Non Destructive Testing (NDT) unit will be established at Kelaniya in 2014 to conduct research and tests using unclear technology.

The minister further said that engineers and other officials are being trained to provide them a thorough knowledge on unclear technology. He also said that this technology will be used to conduct various tests and develop the agricultural sector in the country. Minister Ranawaka further stated that the government has no plans to establish a nuclear power plant in the country.

He also stated in connection with the implementation of the new nuclear power plant in India Sri Lanka is concerned about the safety of the Sri Lankan people. He added that the government has already forwarded proposals to India in last May through the External Affairs Ministry.

The minister also said that the government is concerned over the implementation of a nuclear power plant in Bangladesh as well since it could have an impact on the Eastern Province. He made this observation in response to a question raised by UNP MP Ajith P. Perera.

Downward trend in child abuse, torture against women

Sandasen Marasinghe and Irangika Range

Child Development and Women's Affairs Deputy Minister A.L.M. Hisbullah yesterday said in Parliament that the government has taken measures to reduce child abuse and torture against women than any other governments.

He also said that the telephone number 1929 was introduced by this government to complain about child abuse.

He also added that for the first time after 30 years officers were recruited to provincial secretariats in the North and East to attend to the needs of women in those areas.

He made this observation in response to a question raised by UNP MP Sajith Premadasa.

Deputy Minister Hisbullah answering the query as to why the rate of child abuse and torture against women escalated from 2009, said that factually the rate has not increased but the complaints that are being made have dramatically increased due to the measures taken by the government.

He added that before terrorism was eliminated, the victims in the North and East did not go to Police to make complaints as Police stations did not function in these areas. However, as civil law established in those areas people make complaints as well.So the rate of complaints have only increased and it reflects that the normalcy is properly restored there.