Parliament

The Convention on Suppression of Terrorist Financing (Amendment) Act:

'We have defined the word terrorist in the Act'

Sandasen MARASINGHE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided, when Parliament met at 1.00 pm yesterday. After the presentation of papers and oral questions, the House took up the Second Reading of the Convention on the Suppression of Terrorist Financing (Amendment) Bill for debate.

Leader of the House and Irrigation and Water Resources Minister Nimal Siripala de Silva: I present the Convention on the Suppression of Terrorist Financing (Amendment) Bill. Deputy Minister Neomal Perera will start the debate on behalf of the government.

Bill has not defined who a terrorist is

Ravi Karunanayake (UNP): I rise to point of order. This Bill has not defined who a 'terrorist' is. How can we draw limitations without a proper definition. This is a basic flaw of this legislation.

External Affairs Deputy Minister Neomal Perera: We have defined it in the Act. You can refer to the Act. We are only making amendments to it. This Act has been in force since 2005. Sri Lanka is signatory to the UN to prevent terrorist financing. Money laundering and terrorist financing are crimes. Section 3 of the Convention on the Suppression of Terrorist Financing Act, No 25 of 2005, has been amended.

According to amendments, any person who unlawfully and willfully by any direct or indirect means, provides or conspires to provide, material support or resources to any terrorist, terrorists, or a terrorist organization, shall be guilty of an offence.

In Section 8 of the Act, we have defined a 'terrorist act' and this is mentioned in page 16 of the Act. The legal effect of the amendment is to remove the exemption given on humanitarian grounds and introduce a punishment in respect of the offence of providing material support or resources to terrorists or terrorist organizations.

Opposition Leader Ranil Wickremesinghe:

Page 16 of the Act does not give an exhaustive definition, but it just says 'a terrorist act includes'.

Tell us what has happened to the LTTE money? A large sum of money and goldware had been in the possession of KP. We have doubts as to whether this Act had been brought for a specific purpose?

This money and gold belongs to the public of this country. I would like to ask the government whether it was ready to table details of this money and gold and provision a debate on it.

Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena: The Opposition Leader spoke about LTTE funds. We do not want to remind how the UNP regime led by Wickremesinghe dealt with the LTTE funds. However, since MP Ravi Karunanayake brought out a legal matter, if the Speaker agrees, we would like to discuss the matter by suspending sittings of the House for 10 minutes.

Speaker Chamal Rajapaksa in Chair

I suspend sittings for 10 minutes.

The House was suspended at 3.00 pm and resumed at 4.00 pm.

Deputy Speaker Chandima Weerakkody takes the Chair.

Deputy Speaker Chandima Weerakkody (in Chair)

The Speaker agreed to call for a Consultative Committee meeting tomorrow during the party leaders' meeting to discuss this legal matter. The Bill would be put on for debate on Friday once again. However, today's debate on the Bill would continue.

You have not defined who a terrorist is

Lakshman Kiriella (UNP): You have not defined who a 'terrorist' is. You have only defined 'terrorist acts'. After we pointed out this mistake, the Speaker agreed to call a Consultative Committee meeting tomorrow, for discussions in this regard and the Act would be before the House again on Friday for debate.

If we do not define it properly, even innocent people could be victimized. Even the UN has not defined the word 'terrorist'. When we speak about 'terrorism' the greatest problem we have is State terrorism.

The 18th Amendment to the Constitution paved the way for concentration of powers to the Executive.

Shantha Bandara (UPFA): Today's debate is on the amendments to the Convention on the Suppression of Terrorist Financing Act. Under the amendments, providing material support or resources to terrorists or terrorist organizations is considered an offence and this would be helpful to curb terrorist fund-raising within the country. This would prevent opportunities for the LTTE to raise its ugly head once again.

It was during the former UNP regimes that terrorism was spread in the country. There can be isolated incidents in the country. However, the government at any cost does not appear for those criminals and it does not support crime.

M.A. Sumanthiran (TNA): The government has brought this amendment in a mighty hurry to cater to the needs of certain foreign elements. With its mighty hurry, the government has made certain flaws. The law should be precise, especially when it comes to penal laws.

When giving ear to the debate today, it could be observed that both the government and the opposition accepted the fact that there could be a situation called 'State terrorism'. Each accused the other for exercising State terrorism.

Deputy Chairman of Committees Chandrakumar Murugesu takes the Chair:

Social Services Minister Felix Perera: The law is not a new thing. This law has been in force since 2005 and the convention arrived at in 2000.

We have given a definition on 'terrorist act' and we have banned terrorist acts. Therefore in my opinion, we do not want a separate definition on the person who involves himself in a terrorist act.

There is a segment in the International Community which provides incentives for terrorism. Therefore, this type of laws are necessary to safeguard the country.

Govt has been incapable in drafting the Bill properly

Vijitha Herath (DNA): This amendment to the Act was brought in a hurry by the External Affairs Ministry to present it on the FATF International Conference to commence on February 18.

The government in its hurry, had been incapable of drafting the Bill properly. This Bill, in the absence of a proper definition on 'a terrorist', could be harmful to any innocent individual.

The aim of presenting this Bill is to receive financial aid.

Today there is peace in the country

Dr. Sudarshani Fernandopulle (UPFA): Peace and well-being of many communities over the world have been disturbed by terrorist acts. The social and economic development in many countries had been hampered by terrorist activities in various parts of the world. Today, there is peace in Sri Lanka after a long period of turbulence due to terrorism. Therefore it is essential that we formulate this kind of legal provisions to sustain peace as well as to promote investment to the country. The global network of the LTTE is still active and we should be mindful of the fact.

Ajith Kumara (Independent): In my opinion, this is the first step towards a hidden agenda of the government.

Gradually the government is overpowering the country. If the government looks at itself, it would see terrorists.

By this Bill anybody could be accused as a terrorist. As a consequence of this Bill, the government would be able to apprehend anybody who goes against the government and punish him or her by labelling him or her as a terrorist.

Economic Development Deputy Minister M.L.M. Hisbullah: Today people are living peacefully and I am thankful to the External Affairs Ministry for bringing these amendments.

Today the country's economy is thriving. Social well-being is being made. At this backdrop, we should not let communalism give rise to unnecessary problems and interrupt the peace and harmony in the country.

Everybody should shoulder the responsibility of safeguarding peace and harmony. Even certain foreign elements too support this type of communal clashes within the country. Each of us should act with responsibility. All of us should live in brotherhood.

Both government and opposition MPs should work for a common goal to uplift the country.

Sajith Premadasa (UNP): Every individual in the country was in ecstasy when we defeated terrorism. As we defeated terrorism, we must take necessary precautions to prevent terrorism raising its head once again.

Sriyani Wijewickrama takes the Chair

Petroleum Industries Deputy Minister Sarana Gunawardena: The issue concerning terrorists, affects the Sinhala, Tamil, Muslim and Burghers. However, we have suffered for 30 years due to this issue. Buddhist monks have been assassinated at Aranthalawa and Muslim devotees massacred at Kaththankudi.

The Sri Maha Bodhi and the Temple of the Tooth Relic was attacked by terrorists. This was initiated with the murder of Jaffna Mayor Alfred Duraiappa.

We know that some persons and even some leaders supported the LTTE.

We know that during R Premadasa's regime, money, weapons and other facilities were provided to the LTTE. But he too was assassinated by the LTTE.

It was not only him, but Lalith Athulathmudali, Gamini Dissanayake, Ranjan Wijeratne and Francy Fernando were killed by the LTTE.

Minister Jeyaraj Fernandopulle too was killed by them. But if you supported terrorism, even your off springs too would suffer.

Terrorism was created by us

Joseph Michael Perera (UNP): Terrorism had been created by ourselves. International Communities have intervened in our matters baselessly. We have introduced the LLRC report and pledged before international communities that we would implement it. When we don't implement it, the repercussions are not good for the country.

Education should be based on religion

Ranjith de Soyza (UPFA): If the Act was read properly, anybody would understand who a terrorist is. But it is not a wonder that the UNP and the TNA are unable to recognize the word terrorist. It is not a wonder that the UNP who identified LTTE terrorists as liberalists are unable to identify terrorists.

But President Mahinda Rajapaksa and his government had no difficulty in identifying the terrorists. We defeated terrorism and we will never allow it to raise its ugly head again.

Rural Development Senior Minister Athauda Seneviratne: We don't need any report on terrorism as we have suffered from terrorism for 30 years. The terrorism that was initiated by the JVP, was continued by the LTTE.

Terrorism is prevalent throughout the world. That is the reason, why the UN brought a charter in 1999. The UNP and the JVP had to protest before them.

The JVP initiated terrorism. They blasted bombs in Parliament. During the UNP regime, there was government terrorism. During their regime members in the North and South were elected with votes of around 300 as people feared to vote. During our regime, members had received more than 30,000 votes. Those who were elected with 300 votes are now talking of democracy.

We invited the TNA to join the Parliamentary Select Committee to find a long-lasting solution, but they declined. We are inviting you over and over again to join the PSC.

Leader of the House and Irrigation and Water Resources Management Minister Nimal Siripala de Silva: According to a decision reached at the Party Leader's Meeting, the debate will be postponed for February 8.

The House was adjourned until 1 pm today.

President visits Parliament

President Mahinda Rajapaksa, yesterday paid a visit to Parliament.

He entered the House of Parliament followed by a number of government members around 2.25 pm and remained for about 15 minutes seated at the front row allotted to him which was next to the Prime Minister's seat.

At the time of the President's arrival, DNA MP Anura Kumara Dissanayake was making a special statement under Standing Order 23 (2).

The President listened to the special statement made by the Opposition member and remained in his seat and listened to the response made by Minister Mahinda Samarasinghe.

He left the House at about 2.40 pm.

House adjourned for one hour for definition of the word 'terrorist'

Speaker Chamal Rajapaksa, yesterday adjourned Parliament for one hour at 3 pm on the request of Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena, during the Second Reading of the Convention on the Suppression of Terrorist Financing (Amendment) Bill.

Minister Gunawardena requested for the adjournment of Parliament to consider whether the word 'terrorist' has been defined in the Bill. Minister Gunawardena made this request when Opposition members Ravi Karunanayake and Ajith Perera questioned if the word 'terrorist' was defined in the Bill.

The sittings resumed at 4 pm and Deputy Speaker Chandima Weerakkody presided. The Deputy Speaker stated that it was decided to continue with the debate yesterday. He added that it was also decided to take this matter up for discussion at today's Party Leaders' meeting and also in a Consultative Committee meeting. He also said that the Second Reading of the Convention on the Suppression of Terrorist Financing (Amendment) Bill, would be taken up on Friday and the decision would be informed at the Party Leaders' meeting.

Govt spends four-fold on tea industry

Plantation Industries Minister Mahinda Samarasinghe, yesterday stated that the government spends four fold on tea plantations, compared to the amount that is collected by means of cess tax on tea.

The Minister stated that the amount that was invested in tea plantations during the last 3 years, was Rs. 19,817 million under the directions of President Mahinda Rajapaksa. He added that the money collected as cess tax on tea exports was Rs. 5,365.62 million during the same period.

Minister Samarasinghe was responding to a special statement made by DNA MP Anura Kumara Dissanayake, under Standing Order 23(2), stating that the government did not spend money on tea plantations. The DNA MP also said that the government collected cess tax on tea exports, but it was not spent for the development of the tea industry in the country. Minister Samarasinghe in response, stated that the government spends four fold of money on the tea industry, compared to the money collected by means of cess tax.

He stated that Rs. 1193.3 million was collected in 2010, Rs. 2057.8 million in 2011 and Rs. 2051.4 million in 2012, by means of cess tax on tea exports respectively.

Clashes between Sinhala and Muslims should be prevented

Opposition Leader Ranil Wickremesinghe, yesterday stated in Parliament that the government should inquire whether anyone had forced Halal certification on business organizations.

Making a special statement under Standing Order 23(2), the Opposition Leader said the space for communal clashes between Sinhala and Muslim communities should be taken out. He stressed that it was the responsibility of the government to prevent the repetition of an unfortunate incident as in 1915. He observed that law should be enforced equally to all, whether they belong to Buddhists, Islam or Christian communities.

He pointed out that there had been reports of incidents of improper treatment and harassment to the Muslim community and there had been incidents of harassment to Sinhala Buddhists in the Eastern Province.

Leader of the House and Irrigation and Water Resources Management Minister Nimal Siripala de Silva said the government's stance with regard to the issues raised by Opposition Leader would be clarified today in Parliament through a special statement.

'Six companies to handle container operations'

Ports and Highways Minister Rohitha Abeygunawardena, yesterday stated that six companies had already entered into agreements with the government for container operations in the Colombo South Port.

He made this observation in Parliament yesterday, in response to a question raised by UNP MP Ravi Karunanayake.

Minister Abeygunawardena stated that Phase I of the Colombo Port is to be completed by 2016. Container operations would commence in 2014 after completion of 60 percent of Phase I.

He stated that Phase II and III construction of the Colombo South Port to be completed by 2020 and 2024.

Minister Abeygunawardena further stated that the Colombo South Port would compete with other international ports with its three terminals by 2016.