PSC abides only by Speaker’s orders - Minister

Leader of the House Nimal Siripala de Silva told Parliament yesterday the Parliamentary Select Committee (PSC) is obliged to abide only with the orders, directions and advice of the Speaker.

There is no legal provision to direct or order the staying of functions of the PSC from outside.

The order by former Speaker Anura Bandaranaike issued on June 20,2001 states that the Supreme Court has no judicial power to issue a restraining order against a Parliamentary Select Committee.

The Speaker is not legally bound to act in accordance with such an order, the minister said.

"I thank the Speaker for allowing me to move this matter of privilege. In accordance with article 107(2) of the constitution an impeachment motion signed by 117 members of Parliament was moved in Parliament against the Chief Justice Dr. Shirani Bandaranayake.

It was included in the Order Book of Parliament on November 6, 2012 and the Speaker appointed a Parliamentary Select Committee of 11 members headed by Minister Anura Priyadarshana Yapa on November 14.

The Parliamentary Select Committee met and functions under powers vested on it under the constitution and the standing orders. The Parliamenttary Select Committee is to be met again on December 4. Meanwhile, several cases, in which the Speaker and the members of the Parliamentary Select Committee cited as respondents that were filed before the Court of Appeal have been directed before the Supreme Court for a determination.

Notice has been issued against the members of Parliamentary Select Committee. The petitioners have pleaded court to prevent the function of the Parliament Select Committee and to nullify the order issued by the Speaker that set up the Parliamentary Select Committee.

The decision to appoint a Parliamentary select committee to hear the impeachment motion in accordance with the standing orders, was taken by the Speaker in response to a motion moved in Parliament. Under this light I point out there is no room to challenge your (the Speaker's) decision outside the Parliament under the constitution, standing orders or under any other law. On the other hand the said Parliamentary Select Committee is bound to follow only the orders, directions and advice of the Speaker. There is no legal provision to direct or order of the functions in the Parliamentary Select Committee.

I also like to point out that we have a special responsibility to protect the independence of Parliament, dignity, and sovereignty and external threats. It is obvious that the Speaker or the Parliamentary Select Committee members are not bound by the decisions delivered by a court.

The issuing notice on the Speaker and the members of the Parliamentary Select Committee is a violation of Parliamentary privileges.

"You are bound to protect the independence, dignity and sovereignty of Parliament so that I request you to consider this matter which affect the parliamentary democracy and to issue an order".