The Hon. Sajith Premadasa - Leader of the Opposition

¶ 01 Hon. Speaker, consistent with your statement, please allow me to briefly present our position, especially regarding your ruling.

¶ 02 Please allow me, as the Leader of the Opposition, to express our views.

¶ 03 You said you examined various traditions. I would like to draw your attention in particular to Erskine May and to Kaul and Shakdher—

¶ 04 Please allow us to present these points, Hon. Speaker.

¶ 05 Hon. Speaker, by tradition, the Leader of the Opposition should be afforded the opportunity to comment on your ruling.

¶ 06 This is not a debate. We are not asking for a debate.

¶ 07 I respectfully request you to consider what Erskine May and Kaul and Shakdher have stated on parliamentary practice, and also what former Secretary-General of Parliament Priyani Wijesekera has written. These sources make it clear that a Deputy Minister is part of the Executive. The absence of express mention in the Standing Orders cannot be a basis to exclude a No-confidence Motion. Such a Motion must be allowed to operate.

¶ 08 Further, your own statement notes that a Deputy Minister “is not a member of the Cabinet and does not bear direct constitutional responsibility to this House in the present context.” Please consider the responsibilities of Cabinet Ministers and Deputy Ministers in the present context.

¶ 09 Hon. Speaker, it is my right to address this—[Interruption.]

¶ 10 As Leader of the Opposition, I have a right to speak to this. Please hear us out. We make this request most respectfully.

¶ 11 There is no specific reference in the Standing Orders to No-confidence Motions against Deputy Ministers, but that silence does not imply that a No-confidence or censure motion cannot be moved.

¶ 12 Moreover, under Article 46(1) of the Constitution, a Deputy Minister exercises executive power. Under the Westminster tradition, where an office-holder exercises executive authority, a No-confidence or censure motion is permissible. This is reflected in Erskine May: Parliamentary Practice and in Kaul and Shakdher: Practice and Procedure of Parliament. I refer specifically to those works.

¶ 13 I also draw your attention to Article 45(3). Within that broad constitutional framework, space exists to bring a No-confidence Motion.

¶ 14 If you have considered practices and precedents as you stated, I respectfully submit that it is clear a No-confidence Motion may be brought against a Deputy Minister. We also need to see the Attorney-General’s advice and the Secretariat’s report. Please table them.

¶ 15 Even apart from that, we are entitled to present our view in this House. Under parliamentary tradition, a No-confidence Motion can be brought against an executive office-holder such as a Deputy Minister.

¶ 16 A censure motion can also be brought; there is no impediment to that, Hon. Speaker.