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Eminent group voices strong condemnation against removal of SLMC members
Protesting against interference in the SLMC, (from left) Dr. Sarath Gamini de Silva, Prof. Lalitha Mendis, Prof. Mohan de Silva, Prof. Colvin Goonaratna, Dr. Nanda Amarasekera, Dr. Harischandra Gambheera and Dr. Srilal de Silva. Pic by Indika Handuwala
The Court of Appeal is due to take up tomorrow (December 14), the two petitions filed by the five members including the President of the Sri Lanka Medical Council (SLMC) against their sacking by the Health Minister.
SLMC President Prof. Harendra de Silva and council members, Dr. Sunil Rathnapriya and Dr. Upul Gunasekara, challenged their removal in the Court of Appeal on December 2 and the other two council members, Prof. Narada Warnasuriya and Dr. Pushpitha Ubesiri, on December 7.
The petitioners filed a Writ of Certiorari on several counts including their removal from the SLMC and are seeking an interim injunction halting their removal; staying the appointment of the newly-appointed President of the SLMC; and from him holding any council meetings until a final determination of the application by the Court of Appeal.
Prof. Mohan de Silva
The five members of the SLMC, the state watchdog body of medical education and professionalism, were sacked by Health Minister Pavithra Wanniarachchi on November 27 following a report by a five-member committee appointed by her to inquire into complaints against the SLMC.
The respondents cited in the petitions include Minister Wanniarachchi, the five-member inquiry committee and the newly-appointed SLMC President.
Voicing strong condemnation against the removal of the five SLMC members, an eminent group of former SLMC heads and council members, meanwhile, urged that their removal be rescinded forthwith.
Addressing a media briefing on Thursday afternoon, the group comprising former SLMC heads Prof. Lalitha Mendis and Prof. Colvin Goonaratna; former council members Dr. Sarath Gamini de Silva and Dr. Nanda Amarasekera and distinguished senior professionals Prof. Mohan de Silva, Dr. Harischandra Gambheera and Dr. Srilal de Silva said that they wanted to bring this serious issue before the public.
Prof. Lalitha Mendis said that the way in which these people (the five SLMC members) were dismissed was “completely illegal” and just showed that some group was trying to pressure and change the SLMC to something it was never meant to be.
“That is why we are all upset,” she said.
Prof. Colvin Goonaratna
Prof. Colvin Goonaratna said that the Minister has no power to remove any SLMC member. She has acted against the act (Medical Ordinance) and why she has done it no one knows.
Giving his “frank views”, he said that he is not against the Government Medical Officers’ Association (GMOA), the SLMC or the Association of Medical Specialists (AMS) but blamed the troubles of the SLMC on the Medical Ordinance.
According to this act, even before the 1990s and beyond that the SLMC has eight elected members, from among registered medical officers, entirely held by the GMOA. All held by the GMOA, simply due to their numbers. Every doctor has a vote, but people outside the GMOA cannot be bothered to come or do not want to come as there are threats. How can ordinary doctors – sometimes subjected to mental, sometimes physical threats – come to vote, he asked, pointing out that “so all eight members are GMOA”.
Prof. Goonaratna went onto say that the SLMC has seven Deans. He has nothing against them, but they are elected by their Faculty Boards (lecturers and professors) who are governed by students and these Deans who are part of the Faculty of Medicine Teachers’ Associations (FMTAs) have to protect their empires.
“We have a large sum of 16 people out of 25 (2/3rd) held by powerful trade union members. Is this how you protect the independence of the SLMC. What is the way – we need a new act. Distinguished people refuse to accept the position of SLMC head because they don’t want to be berated by people who don’t know much,” he said, pointing out that the need is to transform the act.
He explained how he took up this need when he became the SLMC head. “I took up the position on an unsigned agreement that the Minister will try to bring about a change, bring in an act similar to the General Medical Council (GMC). But it never happened and so I resigned. The troubles within the SLMC are because the act is a disabled act, used by various people for various purposes especially for trade union activity.”
In Britain too, there were similar problems over the years with the Medical Council. But they sought solutions. Now the GMC has six doctors and six independent lay people. They are appointed by the Privy Council which is higher than the Supreme Court. Sri Lanka, however, is not seeking solutions, he added.
Dr. Sarath Gamini de Silva said that realizing the deficiencies within the SLMC – that the composition had to change, the mode of appointment had to change – various amendments including the inclusion of non-medical persons, were proposed to the Medical Ordinance and submitted to successive governments. But no minister was interested and it went on and on.
“But what has happened now is no solution to problems associated with the Medical Ordinance. What has happened now has complicated matters even further – the presence of trade union members is the reason and they will become more powerful. They have got people appointed according to their whims and fancies,” he said.
So far, the five or six conditions under which members are appointed are laid down. Nowhere is it mentioned that the Minister can arbitrarily remove them. Hereafter, SLMC Presidents knowing that the Minister can kick them out, will not do anything. There will be utter chaos. We have to reverse this, he said.
Prof. Mohan de Silva said that all of them are not in competition with the specific trade union. “We are retired – but we have a responsibility to maintain the transparency and impartiality of the SLMC which has a reflection on Sri Lanka’s medical fraternity in the eyes of international people and national people,” he added.
One and all urged – reverse the current situation and correct what is wrong.
(See the two letters written by the GMOA and the AMS to President Gotabaya Rajapaksa on our website sundaytimes.lk)