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Friday, 30 November 2012

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Parliament

House takes up financial heads of four ministries

Speaker Chamal Rajapaksa presided when parliament met at 9.30 a.m. Yesterday. After presentation of papers and oral questions, the House took up the committee stage debate on the Appropriation Bill 2013 for the sixteenth allotted day. The committee took up the finance heads of the Local Government and Provincial Councils Ministry, Public Administrations and Home Affairs Ministry, Resettlement Ministry and National Languages and Social Integration Ministry.

D.M. Swaminathan (UNP): The resettled people in North and East undergo lots of hardships. Even their basic needs have not been fulfilled. They do not have proper sanitary facilitates. No measures have been taken to improve their livelihoods. The government has also not taken any steps for their safety as well people of the North and East have lost their wealth, properties and relatives due to the 30-year war. Now the war is over. The main expectation of them is to go back to their original lands and live in peace and harmony.

Therefore, it is the responsibility of the government to provide their original lands.

Around 60,000 people and 15,000 students living in the North and East are psychologically affected due to the war. The government should create a conducive environment to let these people live freely. It is the government which has initiated a massive development drive in these two regions. But it is necessary to ensure fundamental rights of the people by fulfilling their needs.

John Senevirathna (Public Administration and Home Affairs Minister): We have taken measures to train Divisional Secretaries, Grama Niladari officers and officers working at grass roots levels to change their attitudes and serve the public efficiently in Mullaithivu and Jaffna districts. We also took measures to improve physical and human resources in the public sector. We have been able to fill the existing vacancies in the public administrative sector.

Today the number of public servants has been increased up to 1.4 million. There is a shortage of Tamil speaking management assistants. We hope to conduct an examination to recruit management assistants shortly and fill these vacancies. Plans are afoot to recruit 500 new Grama Niladhari officers through an examination in the near future to overcome the prevailing Grama Niladhari officers shortage. We are constructing a new holiday resort for pensioners at a cost of Rs. 200 million.

The government has also taken measures to provide a monthly allowance of Rs. 1,000 for the elderly who over 70 years of age. We are also conducting IT and English courses to increase the IT and English Knowledge of the public servants.

Suresh Premachandra (TNA): A number of houses of Tamil speaking people had taken over by military personnel in the North and East. Most of the Tamils are living under trees. Their houses have been destroyed. But, the government has not granted compensation or financial assistance to construct new houses.

The military intervention in the day-to-day lives of the people had caused severe problems. Most of the areas in the North and East have been militarized. It is the responsibility of the government to revive the livelihoods of the people.

UPFA MP A.H.M. Azwer takes the Chair:

Rishad Bathiudeen (Industry and Commerce Minister): The government is engaged in a massive development drive in the North and East. The people live without any fear today. This country belongs to Tamils, Muslims, Sinhalese and Burghers. We all should be united. There had been no electricity in many areas in the North and East. It was this government which took measures to provide electricity under the instructions of President Mahinda Rajapaksa. Northern railway line from Omanthai to Kankasanturai is being reconstructed. A number of Tamil youth have been recruited to the public service.

Dullas Alahapperuma, Youth Affairs and Skills Development Minister:

For the past 30 years we had disputes among communities. The National Languages and Social Integration Ministry is the most important Ministry of the country in the post war scenario.

The country should be reintegrated after the war keeping aside language barriers. The media and all of us should take the President's advice on ethnic harmony very seriously. He made this advice clear in a statement he made in Parliament soon after the war victory.

Each of us should be able to communicate in Sinhala, Tamil and English. This is not an easy task and the Social Integration Ministry has a greater role to play to realise this goal.

Gamini Jayawickrama Perera (UNP):

We appreciate the wisdom words of Minister Alahapperuma as to we should erase the caste and clan differences. We should treat all religions, ethnic groups and castes equally.

In our forward march we should reject racialism and religious extremism. We have seen the repercussions of spreading racial and religious hatred.

The Chief Prelates have sent their second letter to the Executive on the impeachment motion. We admire the move of the Chief Prelates.

Sumedha G. Jayasena, Parliamentary Affairs Minister:

The President through the ‘Mathata Thitha’ programme aims to gradually stop the use of drugs and alcohol and this programme is continuing steadily. The Public Administration Ministry has recruited 16,000 graduates recently in addition to the 41,000 recruited earlier. These graduates will mainly coordinate the work of ‘Divi Neguma’ programme.

The salary anomalies among public servants have been rectified and they have given a decent hike in cost of living allowance.

We recently conducted a training programme for the District Secretaries and other high ranking regional officers in all 5 districts in the Northern Province. This was a successful programme.

Vijitha Herath (DNA):

Three and half years have passed after the war, we often hear beautiful words on national reconciliation and unity and a trilingual year has also been declared. However, in pragmatic terms the trilingual policy is not being facilitated properly. Things are turning towards ethnic disharmony once again. Despite the government's enthusiasm on a trilingual country, in most areas documents are still being issued only in the Sinhala language. On the other hand, even though the government boasts of a completion of resettlement in reality. All these families have not been resettled. Some of them have been relocated.

Indika Bandaranayake, Local Government and Provincial Councils Deputy Minister:

During the year 2012, we have helped the local government bodies and Provincial Councils to improve their services and capabilities. Solid waste management, provincial roads, infrastructure facilities, hospitals and schools come under the spectrum of local government institutions and Provincial Councils.

The total income of Municipal Councils is about Rs. 100 million. The total income of Urban Councils is ranging between Rs. 23 million – 100 million. The government has facilitated Rs. 1,700 million to improve the income of 208 local government institutions up to Rs. 10 million each.

Under the ‘Pura Neguma’ programme the President has allocated Rs. 6,490 million to develop 103 under-developed cities.

Udith Lokubandara takes the Chair.

Sajith Premadasa (UNP):

The local government administration is a ground level administration which closely associates with people. However, due to lack of financial, provisions and material resources these members have been unable to fulfil their duties to the best of their capacity.

Their salaries are also insufficient. Some of these councillors do not have office facilities. Why cannot the government, which spends colossal amounts of money for non-essential needs, give more facilities to these local government members. Most of them do not have telephone and transport facilities.

Chandrakumar Murugesu (UPFA): Government officials rendered a yeomen service to implement the resettlement process in the North and East. They contributed a lot for the normalization of the ares affected by the war. Officials attached to the Resettlement Ministry worked hard to improve the livelihoods of the people.

Infrastructure facilities have been improved in the areas where people have been resettled. It is necessary to create employment opportunities with the assistance of the government and the private sector for the benefit of future generation.

A. Vinayagamoorthy (TNA): A number of Tamils are still living in welfare centres. The government maintains plots of over 15,000 acreas as high security zones. These lands should give back to their owners. Why the government chased away people from the Sampur area. These lands should give back to their owners.

Jagath Balasuriya (National Heritage Minister): It is reported the public sector productivity is only 45 percent. Therefore, action should be taken to increase the public sector productivity to provide an efficient service to the public.

We must congratulate President Mahinda Rajapaksa for amending the Local Government Authority Election Act. We have empowered more women compaired to other countries. But, women's representation in the legislature is low.

Wijayakala Maheshwaran (UNP): People resettled in the North and East still face lots of problems. Their needs have not been fully addressed. Most of the people have been resettled without improving infrastructure facilities.

Land mines in many areas have still not been removed though the government promised to construct 50,000 new houses for resettled people, only 1,000 new houses have been constructed so far.

I ask the government to complete the construction of the balance of the houses soon.

Prof. Rajiva Wijesinghe (UPFA):

Sri Lanka has implemented the most successful resettlement programme in the world. The schools in the North have got modern facilities as never before. The Opposition MPs should actually visit these places and see for themselves the radical changes that are happening there.

The infrastructure development in the Northern Province has been expedited. The Resettlement Ministry now should look into the other needs of the resettled families such as socio-psychological support they need.

We can harness the assistance of the NGOs in a better way. The coordination work among police, Women and Child Development Units and other stakeholders must be carried out to ensure a better service to the resettled people.

Janaka Wakkumbura (UPFA):

The President has allocated Rs. 1,700 million to develop the Pradeshiya Sabhas. Two hundred six Pradeshiya Sabhas are earning an income less than Rs. 10 million. The allocated money will be utilized to upgrade the weekly fairs and roads and thereby to help them to improve their incomes. The President has paid attention to the needs of all communities before preparing the Budget 2013.

Joseph Michael Perera (UNP):

There must be a proper plan to support the projects of local governments. A proper accounting system should be introduced to local governments, to keep track of the income and expenditure. Most of the promises given in the ‘Mahinda Chinthana’ regarding the public servants has not been fulfilled. Many welfare measures for the public servants have been suggested by the ‘Mahinda Chinthana’ but they have not been implemented practically. The pensioners must be facilitated a health insurance scheme.

Navin Dissanayake, Public Management Reforms Minister:

All the graduates recruited recently for the public service will be granted permanent appointments. The present regime is of the view that the public servant cadre should not be curtailed at any cost. The 700,000 public servant cadre in 2005 has now increased to 1.3 million. We train them thoroughly and equip them with latest management techniques. We want a better public service. We want to make our public servant cadre the best in South Asia.

We have established nine skills development centres. We hope to establish further more. We hope to amend the 6/2006 Circular to suit the modern requirements. The amendments will be presented within this year.

An attitudinal change must be brought to the public servants through necessary motivation.

Mavai Senathirajah (TNA):

A clash had occurred between the students and Police in the Jaffna University. The Higher Education Minister could have intervened to this situation. He should call for a proper investigation and should take action to prevent repeating such incidents.

All the displaced people have not been resettled in their original places. The housing project initiated with the support of India has not been completed.

Vinayagamoorthy Muralitharan (Resettlement Deputy Minister): The Resettlement Ministry under the guidance of President Mahinda Rajapaksa has succeeded in fulfilling its responsibilities. Resettlement of displaced people, constructing houses, improving infrastructure are being implemented successfully. We have provided security, other essential services and sanitary facilities to the resettled people. There is a slight delay in resettling in some areas due to the demining process. Resettlement activities are carried out according to the recommendations of the LLRC.

R. Yogarajan (UNP): The government always points its finguer at Tamil diaspora. This is very unfair. We know some of them have come up with good proposals. Why the government does not consider their proposals. Please look at them positively and constructively.

Wijaya Dahanayake (Public Administration and Home Affairs Deputy Minister: Our government took measures to increase the number of public servants upto 1.4 million. This is a great achievement. Allowances including the Cost of Living have been increased. A programme to uplift income levels of lower income families has commenced at Grama Niladhari levels. Unemployed graduates have been recruited to implement these programmes. We have also taken measures to ensure proper utilization of resources. Action has been taken to recruit new Grama Niladhari officers to fill vacancies islandwide.

Ranjith Maddumabandara (UNP): The government has failed in bringing a political solution to the ethnic problem eventhough four years have passed since the end of war. Allocations made to the Local Authorities are not sufficient. Frauds and corruptions are rampant in these institutions.

Prabha Ganeshan (UPFA): It is not possible to resettle displaced people overnight. The resettlement process has been successful for the last four years. The TNA members should discuss the problems pertaining to Tamils with relevant Ministers. Then only they could help solve the problems of Tamil people.

P. Harison (UNP): The President has paid attention to the needs of the pensioners through’ Mahinda Chinthana'. However, even after the lapse of so many years their problems have not been solved. Their salary anomalies should be rectified. They have provided a great service for the country. The salary anomaly of a Grama Niladhari officer is about Rs. 7,000. The government can provide this amount without much difficulty.

Vasudeva Nanayakkara: National Languages and Social Integration Minister: Our ministry has four main tasks. One is to teach languages. The second is to implement the trilingual policy. The third is to build ethnic harmony and the fourth is to facilitate social integration. Today, Cabinet papers are being presented in all the main three languages. We have been exemplary in our work when implementing the trilingual policy. Many Opposition MPs brought out their grievances on language barriers. We admit there are problems. We, alone cannot cope with all these problems.

The institution heads and all the other stakeholders should also support our endeavours.

Still at least 20 percent of the buses and trains does not display the route names in all the three main languages. We hope to monitor the implementations of trilingual policy over the country in the future by recruiting officers specifically for this task.In some semi government institutions, English is being prioritized more than Sinhala or Tamil to convince that they do not illtreat either of the other two languages. But this move is not correct. The two mother languages should be given priority over English. Our culture and values depend upon these two mother tongues.

The recruitments in police should be expedited to solve the language problems in the police service. The language policy has been practically followed only up to 20 percent as at present. In some areas, the documents are sent only in Sinhala and in some areas the documents are sent only in Tamil. It is to rectify this problem that we are attempting to teach both Sinhala and Tamil as a second language to all public servants as an urgent measure.

Eran Wickramaratne (UNP): I mostly agree with the observations of Minister Vasudeva Nanaykkara. I would like to ask whether the country is more integrated now than in May 20, 2009. The answer is not very clear.

Among the 167 recommendations in the LLRC, 69 have been fully included in the National Action Plan. Fifty one among them have been partially included while 47 have not been included at all.

Resettlement Minister Gunaratne Weerakoon: We had been experiencing heightened war over 30 years. The biggest challenge we had after the war was resettlement.

Speaker Chamal Rajapaksa takes the Chair: There were about 300,000 people belonging to about 85,000 families to be resettled. This work should have been done while ensuring national security. We commenced this programme and it is being carried out successfully. The resettlement has not completed 100 percent. There is more work to be done. In certain areas new problems have emerged. I have visited Settikulam camp about 18 times.

The resettlement work is being carried out with the coordination of several ministries including the Economic Development Ministry. We want to formulate an integrated plan for the development in the North and East. The opinions of all should be presented to formulate it.

Ajith Kumara (Independent): We could meet displaced children in relief camps. We could talk to them. There is no accurate data on the youth and child soldiers who are undergoing rehabilitation. Reveal the name lists of those people who were released after rehabilitation. The family members have been unable to find them.

M.L.A.M. Athaullah - Local Government and Provincial Council Minister: This is a small country. In the past no body requested for power devolution. We should adapt a suitable system to our country. Being a small country, the present system doesnot suit. All should put their heads on and come to a consensus as to what the best system for our country. It doesnot matter whether it is ‘13+’ or not.

We have been renovating roads belonging to the Provincial Councils using the funds received from the ADB, AICA and World Bank.

The Finance Heads were passed: The House was adjourned until 9.30 a.m today.


‘Supremacy of Parliament should be protected’

John Amaratunga (Chief Opposition Whip):

This is a very important matter to the country. A decision should be reached after thinking clearly and independently.

There is no issue with the right of the Parliament, nobody can do anything against it.

The responsibility of the Parliamentary Select Committee is to investigate into the charges in the impeachment motion and submit a report to the Speaker. Thereafter the Speaker will forward the report to the Parliament for a decision and the decision will be conveyed to the President. The Parliamentary Select Committee does not have Judiciary powers. It is only an investigating body. The Court is an independent body.

Ravi Karunanayake (UNP):

The Chief Justice should be given an opportunity to prove her innocence. Anyone should be considered innocent until the charges against him or her proved.

S. Sumanthiran (TNA):

It is not a new thing for the people and the members of Parliament to go before Courts to compel the Speaker. A privilege matter cannot be raised against Court when it perform its functions. The fundamental principle of Justice is that once innocent until proven guilty should be accepted. This should be considered even at the Parliamentary Select Committee.

Joseph Michael Perera (UNP):

The Supreme Court cannot summon the Speaker of Parliament or the members of the Parliamentary Select Committee. The constitution is more supreme than the Parliament.

Sajith Premadasa (UNP):

The Supreme Court is considering now if the move taken under the 78(A) standing order is inconsistent with the Constitution under the Section 125 of the constitution. So it is not just to intervene with Supreme Court in this matter.

Prof. G. L. Peiris (External Affairs Minister):

The privilege issue raised refers to a specific matter. The arguments made by Opposition members are not relevant to the specific matter discussed by the minister.

The Parliamentary Select Committee (PSC) not in any manner possess any Judicial powers clearly according to the Standing Order 78(A). The PSC will investigate and convey the findings to the Parliament. The PSC has commenced to function. The issue is what is the legality in Court of Appeal noticing not less than the Speaker of the Parliament. No institution outside the Parliament has powers to order the Speaker of the Parliament and it is the practice of the legislatures throughout the Commonwealth countries.

Asking the Speaker to submit the written submissions by the Court is a violation of privileges of the legislature and it cannot be justified in any manner. The Court has no right to notice the Speaker as he epitomizes the dignity, stature and esteem of the Parliament. Every member of the PSC have been noticed.

Noticing and ordering the Speaker to write written submissions is a contempt of Parliament. Under these grounds I request you to uphold the dignity of the Speaker and the members of the Parliamentary Select Committee and the notices should be rejected.

Dayasiri Jayasekara (UNP):

Anyone has the right to go before Courts. So this problem has to be solved protecting both the right and the dignity of the Parliament, without creating a conflict between the legislature and the Judiciary and also without leading the country to anarchy.

R. Yogarajan (UNP):

None of the three main organs are not subservient to each other and no institution can claim Supremacy. The persons who have been noticed have to appear before the Court. If ignored it would lead to chaos.

Vasudeva Nanayakkara (National Languages and Social Integration Minister):

When the country faces a crucial problem, the Parliament sits to find a solution but any other institution when a new constitution is formed, who appoints the Supreme Court Judges? It is the legislature. So it clearly shows which is prominent in importance. These issues should not drag long. The Court should attend to its matters while the legislature should attend to its own. The Court should not intervene with the businesses of the legislature. It is better that this matter be conveyed to the Judicature. However, nobody can file a case against the Parliament. The power of the Parliament is vested in the Parliamentary Select Committee (PSC). So nobody can file a case against the PSC or issue notice on it.

Shantha Bandara (UPFA):

The Supremacy, dignity and esteem of the Parliament should be protected.

Sujeewa Senasinghe (UNP):

At this crucial moment you have to protect the independence of Judiciary while protecting the dignity of the Parliament.

Rajitha Senaratne (Fisheries and Aquatic Resources Development Minister):

The second impeachment motion was moved by me. Then Anura Bandaranaike was the Speaker. On that day too there were lengthy debates on it. I was of the same view. Not like Ravi Karunanayake, Joseph Michael Perera too is unchanged.

R. Yogarajan (UNP):

We were in the Government then.

Rajitha Senaratne (Fisheries and Aquatic Resources Development Minister):

That is the defect when you maintain double standards. When you are in Opposition you have one stance when you are in the government you have another stance.

If this process damages the independence of the Judiciary what did they do until the Parliament moved the fifth impeachment motion.

This law was not introduced by us. Those who moved them are there in the first row. They are Joseph Michael Perera, John Amaratunga, Ranil Wickremesinghe and P. Dayaratne.

S. Swaminathan (UNP):

The power vested on the PSC is not Judicial power but a power of investigation. The Court issues notice on Speaker and members of PSC if they are a party in the case.

It is at the discretion of the Speaker to decide as to what to do.

 

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