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Constitutional
Council says no to CBK's request for recruitment changes President Kumaratunga
had proposed to cut down the cumbersome procedure involved when
electing members to the Bribery Commission. Earlier Constitutional
Affairs minister G.L. Peiris at a party leaders meeting had proposed
an amendment to the qualification requirement needed to fill vacancies
in the bribery commission. Minister Peiris'
draft includes the allowing of retired High Court judges to sit
in the Commission and allow a professional who could be an eminent
lawyer, an accountant or an administrator to serve as a member of
the Commission. The party leaders
have approved this draft but have stopped short of finalising it
as the JVP representative was not present at the moment of the consultation.
The draft is expected to be finalised at the next party leaders
meeting. The Constitutional
Council is to respond soon to recommendations made by President
Chandrika Kumaratunga at a meeting of the Council on Tuesday on
the procedures adopted in making selections to the Bribery Commission. Secretary to
the Constitutional Council Dhammika Kitulegoda told The Sunday Times
that they would be officially responding to the President regarding
the proposals submitted by her. President's
spokesman Harim Peiris said that Mrs. Kumaratunga had made a suggestion
to the Council with regards the revision of the selection procedure
that she feels should be adopted when appointing persons to high
posts. "There
is no logic or reason in the methodologies used," Mr. Peiris
pointed out. Government
Spokesman G. L. Peiris said that amendments are to be introduced
to enable the increase of the membership, expand the criteria of
membership and to have a quorum for continued functioning of the
Commission in case of the death of a member. Accordingly
the membership of the Commission is to be increased from three to
five, while the criteria for recruitment of members is to be expanded
to allow more candidates being eligible for appointment. The strict
measures adopted in the selection procedure have been a deterrent
and a discouragement to prospective applicants for the post. The
existing system requires that applicants be either a Supreme Court
or an Appeal Court judge. In addition the procedure demands that
the applicant submit detailed information regarding financial matters,
assets and liabilities, police records among many others. The amendments
to be made will relax this criteria for selection enabling even
High Court judges and eminent personalities to apply, Prof. Peiris
said. Moreover, the
present law which demands that all three Commissioners should sit
during sessions for the Commission to function would be amended.
These amendments would ensure a quorum even in the event of the
death of a member thus would enable the undisrupted functioning
of the Commission. The Commission
has not been able to function since February due to the failure
in making an appointment to fill a vacancy created by the death
of T.N. Abeywira who is one of the Commissioners. Failure to
fill the vacancy has resulted in the Commission unable to proceed
regarding the thousands of complaints it is saddled with. Although indictments
have been prepared in some 52 cases, it is a sad fact that the Commission
is unable to file action just because of the absence of a single
member. Last month,
Speaker Joseph Michael Perera decided to call an early meeting of
the Constitutional Council to discuss issues pertaining to the selection
procedure for high posts. The Speaker's
decision came following representations made by President Kumaratunga
that the procedures adopted presently by the Constitutional Council
to appoint persons to high posts be relaxed. President Kumaratunga
in her letter to the Speaker last month requested that the selection
procedure be waived. She pointed
out that people who were being considered for posts had reservations
in submitting themselves for a detailed examination that is required
with regard to personal matters. Prof. Peiris said the present procedure adopted by the Constitutional Council required a very meticulous and detailed examination of the records of the individuals who were being considered for these positions and therefore was undesirable. Optimistic
response for politicos' code of ethics The president
of the OPA told The Sunday Times that the Government, the SLFP and
the SLMC, with whom they had discussions regarding the code of ethics,
reacted optimistically and in fact promised to come up with further
suggestions. The OPA also
has suggested to the government to enact legislation to set up a
Parliamentary Ethics/Disciplinary Committee with quasi-judicial
powers and investigate any breach of the code of conduct and recommend
suitable disciplinary action for enforcement by parliament. The code of ethics drawn by the OPA deals with public duty, personal conduct, selflessness, integrity, objectivity, accountability, transparency, conflict of interest, leadership, public trust and confidence in parliament, law and order and declaration of assets and liabilities of parliamentarians. Health
groups work together for anti-strike laws The NMRP's
National Committee which met on Thursday also called on the government
to move fast towards the setting up of an arbitration committee
which would inquire into any disputes in the public health care
service and settle them in a fair manner, thus preventing strikes. A spokesperson
for the NMRP said regular strikes by doctors, nurses and other public
health employees were causing more agony to suffering patients and
urgent action was needed to stop or curb such strikes. He pointed
out that the Indian Supreme Court, which has for years been involved
in social justice and judicial activism, had this week banned strikes
in public health and other essential services. The main body of
medical professions, the Sri Lanka Medical Association is also pushing
for the setting up of such an arbitration committee and most trade
unions in the public sector are reported to be ready to work it
out. The NMRP's
Action Committee appointed a National Organiser, two joint secretaries,
a treasurer, a National Committee and three sub committees for the
drafting of a constitution for the movement, education and awareness
programmes among patients and a media committee which among other
matters would work towards moulding health journalists. The spokesman
said the education committee would also work towards showing the
close links between good health and social development. NMRP patron
Dr. K. Balasubramaniam, Asia Pacific Co-ordinator of Health Action
International has published national data showing that the lack
of primary health care is one of the main reasons why the poor in
Sri Lanka are kept enslaved in poverty. The NMRP Action
Committee also decided to appoint regional co-ordinators for the
country's health regions so that benefits could be passed down to
the rural people. The National Committee welcomed the reasons for
the Supreme Court ruling directing that the intellectual property
bill be amended so that the rights of patients would be given priority
over the patent rights of big pharmaceutical companies. The NMRP
spokesman said most of the amendments had been made as directed
by the Supreme Court and it was now necessary for the public to
be alert and ensure the implementation of provisions allowing parallel
imports and compulsory licensing. These provisions
would enable millions of people to have regular access to quality
drugs at affordable prices. The next Monthly meeting of the NMRP's National Committee will be held on September 4 and those who wish to join the movement are requested to call 724286 or 645385. |
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