400 motions, but none became law

By Dilrukshi Handunnetti

More than 400 private member's motions which have been passed by parliament during the past two decades have not been implemented, raising serious question about the validity of the process.

Through private members' motions, non-ranking MPs get an opportunity to influence legislation and the national policy, but many of these motions relating to development, policy planning, financial sector and regional issues often are confined to the Hansard Reports.

Leave alone implementation, several backbenchers from both sides of the divide have complained that the time allocated for private member's motions have been used up for other business such as condolence votes. According to the Standing Orders of Parliament, unless Parliament otherwise orders, on the first Friday sitting of each month these motions should gain precedence over government business. This in effect means two Fridays a month.

If statistics are anything to go by, they paint a sorry picture with more than 400 motions being carried so far, while another 191 motions pending in the Order Book. In addition, notice has also been given for another 224 motions.

The present parliament has only passed 17 private member's motions, and the last debate was held way back in 1997 when UNP MP Jayalth Jayawardene proposed the implementation of the Presidential Youth Committee Recommendations.

According to Parliament Secretary General Dhammika Kitulgoda, the practice in Sri Lanka has been rendered useless not by non-implementation but by the lack of binding legal effect they fail to assume. 

"There are countries where private member's motions have legal effect. What is required is the strengthening of the process here," he said. 

But the Deputy Chairman of Committees, Rauff Hakeem says the process has little meaning here because many of the motions deal with parochial issues. 

Mr. Hakeem also said using the time allocated for private member's motion for Government's business was a violation of a member's right.

Another reason he cited for the ineffectiveness of private member's motions is Sri Lanka's cabinet system. Under this system, laws are initiated by the cabinet which have more clout. 

He said that for these motions to be effective, they should be moved with Cabinet sanction.

Pointing out that the parliamentary committee system was slow-moving, Mr. Hakeem said if it was vibrant, these motions could go before committees and depending on the merits of each motion, could be incorporated into law. 

Deputy Minister Dallas Alahapperuma, a one-time active backbencher, believes that like the devalued Parliamentary system here, all its practises and functions have lost their value. "It is a crumbling system with nobody willing to resuscitate or evolve it. In many other countries, it is not a redundant practise like it is here. Motions are carefully whetted by several committees. When they are finally carried they are near perfect. Then they are incorporated into law, a thing we should also aim at."

PA backbencher C.B. Ratnayake said the government should try its best to incorporate at least some of the vital motions into policies thereby recognizing the validity of the issues and allaying the frustrations of MPs.

Opposition MPs are protesting against non-inclusion of private member's motions in Friday's business of the House. Spearheading this opposition campaign is Gampaha district parliamentarian Pradeep Hapangama who is to send a letter to the Speaker shortly. 

"Moving private members' motions has been an established practice since we became a parliamentary democracy. It has been recognized as a prestigious right of an individual member," Mr. Hapangama said accusing the government of adopting a ploy by filling Fridays with condolence motions and other business.

Referring to his own motion regarding a bridge near the Kelaniya Temple, he described the long delay as 'a sickening wait' and added that though he was unhappy that these motions were never translated into reality, it was an MP's duty at least to air the grievances on behalf of the public.

Angry and disappointed over the deadlock situation was DUNLF member Ravi Karunanayake, whose some 30 motions are yet to see the light of the day. He charged that there was a sinister move to stifle the voice of members.

"We are responsible members who want to contribute towards nation-building, and this is one important way of making such a contribution. Members who feel the need to fill certain lacuna in the framework would come up with various suggestions and they obviously have to take form as private member's motions,. We have not debated such a motion for so long that people must be thinking that the established practise is not to debate them or that the members have forgotten their constituencies," he said.

Speaker K.B Ratnayake recently requested ministers to refrain from moving private member's motions as it was a cardinal right only exercised by non-ranking MPs. 

But the Speaker's compromise was far from the aspirations of non-ranking parliamentarians who are trying to assert their role as lawmakers through private-members motions.

Royal resort drama takes about turn

By Chris Kamalendran

Following a major scuffle outside a controversial holiday resort company, eight employees who were arrested were on Friday produced before a magistrate who released them on bail.

They were arrested on Thursday evening opposite the Union Place office of 'Royal Resorts' Sri Lanka, a time-share holiday resort company which is winding up operations in Sri Lanka, when sacked employees blocked directors of the firm removing goods and leaving without paying them salaries and compensation.

Police who rushed to the scene allegedly assaulted at least 20 employees and took them to the Kompannaveediya Police station after they prevented two foreigners, including a woman consultant, leaving the premises. However only eight were produced in courts.

The company had called in a local firm to move its goods which included computers, furniture and other office equipment. But when the movers arrived, protesting employees prevented them from removing the goods.

Hours earlier, the employees said they had informed the Kompannaveediya Police that the company directors were trying to flee the country without paying their salaries and compensation. 

Employees said two policemen turned up only when they blocked the directors' vehicles, but later more policemen arrived at the scene and assaulted them. Twenty employees and a foreign director were taken to the police station for questioning.

The Sunday Times in its August 8 issue reported how the company had allegedly collected large sums of money from locals promising them ownership of 'time-share' holiday resorts and not refunded the money to them.

The clients claimed that the company had offered to help them get visas, but the firm's consultant, Esperance Patricio, a Portuguese national, denied the claim.

However she admitted that the company's refusal to repay the money was true. 

Meanwhile another company which offers time-share 'holiday ownership' in local hotels has received telephone calls and inquiries from panic-stricken clients.

A spokesman for Worldwide Holidays said that they had assured their clients they would continue their services uninterrupted.

Differing views on Vatadage dig

By Udena. R. Attygalle

The Department of Archeology and the Central Cultural Fund (CCF) are at loggerheads over an excavation at the Vatadage site in Polonnaruwa which could cause the Sath Mahal Prasadaya (Seven Storey Palace) to collapse.

The work which started four months ago has now been halted by the Director General of the department amidst signs that it could cause damage to the Sath Mahal Prasadaya, but the CCF claimed that they had obtained permission for the excavation.

Director of Excavations, of the Archaeology Department W.H. Wijepala said the excavation carried out on the old retaining wall surrounding the Vatadage Prasadaya and wall could be done. A site manager of the department in Polonnaruwa meanwhile said the holes dug up could cause a major disaster if they fill up with the monsoon rains.The holes have now been temporarily covered with aluminum sheets.

However the Acting Director General of CCF H.B.S Hettipathirana claimed permission had been obtained from the Archaeology Department for the excavation.

Prof. sues ministry on coconut job

By Ayesha R. Rafiq

A former associate Professor of the Peradeniya University has filed a fundamental rights application in the Supreme Court against a minister, the ministry secretary and others for allegedly subjecting him to hostile discrimination when selecting candidates for a vacancy.

The petitioner, Dr. M.C.N. Jayasuriya, said he held a Degree in Agriculture from the University of Peradeniya and a Ph.D. in Animal Science (UK), had been employed at the International Atomic Energy Agency in Vienna and had returned to Sri Lanka in 1997.

He said that in April 1997 there were newspaper advertisements calling for applicants for the post of Director of the Coconut Research Institute from applicants who had a Ph.D. in a related field of science or agriculture with at least 10 years work experience.

Dr. Jayasuriya said that on applying he had been called for an interview in May and following the interview, the Chairman of the CRI had congratulated him on being selected. 

But in July he received a letter from the Secretary to the Public Administration and Plantations Industires Ministry that the decision of the interview board had been cancelled with no reasons given.Dr. Jayasuriya said he was aware of a Board Paper which had recommended him for the post. He also said there was a letter dated May 14,1999 addressed by the Chairman of the CRI to the Secretary of the Ministry referring to the circular and seeking the Secretary's approval for the appointment.

Dr. Jayasuriya said the act of the Secretary and Minister Ratnasiri Wickremanayake in cancelling the interview and calling for fresh interviews when the interview board has the power to appoint and had approved his appointment, was hostile and discriminatory of him.

He has asked the Supreme Court to grant interim relief and make an order preventing the respondents from taking steps to call for fresh interviews, to quash the decision of the ministry and the minister to cancel the interview and to grant him Rs. 500,000 as compensation.

Massive circuit bungalow bill paid by SLPA

A senior official of a Ministry was allegedly offered a gratification to authorize some food bills amounting to over rupees two lakhs, which was ultimately paid by the Sri Lanka Ports Authority, authoritative sources said.

The bills were paid for supplying provisions, gas cylinders, bananas, mosquito coils, tooth brushes and shampoos to be supplied to the Ministry circuit bungalow in Amparai.

According to the bills, gas cylinders, tooth brushes, chicken, beef, bottles of treacle, and rice were purchased daily. The bills had accumulated over a period of time.

Though the provisions had been supplied the shop owner had to wait over for about six months to get the bills paid. This was due to the senior official refusing to authorize the bills which were ultimately paid by the SLPA.

New buses running into trouble

By M. Ismeth

The 600 new buses imported from India have run into trouble but the authorities are downplaying it. 

The Sunday Times learns Sri Lanka Central Transport Board Chairman Ramal Siriwardana in a letter to Transport Minister A.H.M. Fowzie on Monday has listed the defects in the buses which have been distributed among 11 cluster bus companies, particularly in rural areas.

Mr. Siriwardana's letter said the premature failure of major components in the new buses was far above the average.

It said the crown wheel and pinion, vital components of the engine, had failed in 35 buses which had run less than 3000 kilometres. They had been replaced by the suppliers, but continued to fail. 

The letter said the engine failures could not be justified because these were brand new buses performing a limited mileage a day. 

One of the glaring instances pointed out in the letter is that an engine of a bus belonging to the Hatton Depot failed after operating only 260 kilometres. The supplier usually replaces it with a new engine, but in this instance the supplier had provided only a set of bearings for the depot to repair the engine at its own expense.

Numerous failures of other units including starter motors, pressure plates, alternators and the poor quality of body construction in some buses resulting in body rattling are among other shortcomings pointed out. When contacted by The Sunday Times, Mr. Siriwardana, however, appeared to downplay the problem.

He said there were a few problems but nothing to be alarmed about and the supplier would rectify any shortcomings since the buses were covered by a guarantee period. 

French letter stumps A/L students

By Faraza Farook

Many students sitting the Advanced Level French paper faced a crisis when the paper they received was based on a syllabus different from what they had followed.

Students had little choice when they received the question papers. They complained that they were taught from the old syllabus and least expected a last minute change.

Meanwhile, a teacher said that they were told to give the students a choice between the new and the old syllabus. However, disappointed students said they were not informed on the first day of the exam about the choice.

"When we applied there was no old and new syllabus," the students said.

The subject number which was 81 is now said to be for the new syllabus. Worried about problems that might result due to change of the subject number, the students opted for the new syllabus.

One girl said, "the format of the paper was different and difficult". Another said, "we were asked to write a letter and an essay and we have never written a letter before. I don't know what I wrote".

Meanwhile a parent commenting on the confusion said, "the students have been given a completely different syllabus and they have been refused permission to speak to the Principals of their schools for clarification".

Some students said they were hoping to make a request to the Ministry of Education to allow them to sit the exam once again. 

Lack of information from the supervisors at the examination centres was also pointed out by the students. The students have complained about the issue to their principals. 

A complaint had been made to the Commissioner of Examinations too, one student said.

However, the Commissioner was not available for comment. Deputy Minister of Education Prof. Viswa Warnapala said he was unaware of the problem and refused to comment without speaking to the Commissioner of Examinations.

Northern arrack for the South

By S.S. Selvanayagam

After almost two decades, a large consignment of palmyrah arrack, a one-time favourite of many southern topers, has arrived in Colombo from the war torn North. Palmyrah Development Board (PDB) Chairman M. Packiyanathan told The Sunday Times that 35,000 bottles of palmyrah arrack had been shipped to Colombo and they woudl be reintroduced to the market at a ceremony at the PDB stores at Dehiwala today.

The 'Thiccam Special' as well as the 'Valikaman Special' are priced at Rs 225 a bottle with 'Valikamam Vigour' at Rs 195," he said.

Two decades ago palmyrah arrack from the peninsula was produced by cooperative societies and blended at a distillery in the north before they were sent to markets in the south. The new consignment is produced and blended by the Palm Producers' Cooperative Societies, a cluster of cooperative societies in the peninsula, he said.

Almost 7,500 toddy tappers and 150 distillery employees in the peninsula would benefit by this new venture with an average of 75,000 bottles of toddy being produced daily, he said.

The arrack is being produced at Thiccam Palmyrah Arrack Distillery and Chankanai Palmyrah Arrack Distillery under the supervision of the Palmyrah Development Board, Mr. Packiyanathan said. As a result of the war, about 1,500,000 palmyrah trees in the North and 1,000,000 trees in the East have been destroyed. One million seedlings had been replanted in the North under a UNDP programme and 500,000 in the East by the Palmyrah Development Board.

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