Mr. Speaker - The Hon. (Dr.) Jagath Wickramaratne

¶ 01 Hon. Members, I wish to deliver my Ruling on the matter of Privilege raised by the Hon. Dayasiri Jayasekara, Member of Parliament, on 07 October 2025, as the issue raised concerns the Privileges of Parliament as a whole in terms of Standing Order No. 29(1) of Parliament. The Hon. Member alleged that the Leader of the House had misled the Constitutional Council during the process of nominating a candidate to the post of Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) on 24 October 2024, thereby committing a breach of Privilege under Section 4 of Schedule A to the Parliament (Powers and Privileges) Act. The Hon. Member, therefore, requested that the matter be referred to the Committee on Parliamentary Privileges for investigation.

¶ 02 Having carefully considered the matter, I now proceed to give my Ruling.

¶ 03 Nature of the Constitutional Council

¶ 04 The first issue that requires determination is whether the Constitutional Council (CC) is a Committee of Parliament, so as to attract the application of the provisions of the Parliament (Powers and Privileges) Act.

¶ 05 Under Article 41A of the Constitution, the Constitutional Council is established as a distinct and independent constitutional body. It consists of the Prime Minister, the Speaker, the Leader of the Opposition, one Member of Parliament nominated by the President and several other Members who are either ex officio, from civil society or appointed by the President on the nomination of the Prime Minister and the Leader of the Opposition.

¶ 06 It is thus not a Parliamentary Committee established under the Standing Orders of Parliament. The Constitutional Council functions under the Constitution itself and not under the authority of Parliament or its Standing Orders. Therefore, any proceedings or decisions of the Constitutional Council cannot be regarded as proceedings of Parliament or of a Committee of Parliament within the meaning of the Parliament (Powers and Privileges) Act.

¶ 07 Applicability of Section 4 of Schedule A to the Parliament (Powers and Privileges) Act

¶ 08 Section 4 of Schedule A to the Parliament (Powers and Privileges) Act provides for offences in relation to the misleading of Parliament or a Committee of Parliament. Since, as I have already stated, the Constitutional Council is not a Committee of Parliament, the said provision does not apply to the acts or deliberations of the Constitutional Council.

¶ 09 Accordingly, even if it is alleged that a Member of Parliament made an incorrect or misleading statement before the Constitutional Council, such conduct would not fall within the ambit of a breach of Parliamentary Privilege as contemplated by Section 4 of Schedule A of the said Act.

¶ 10 Finality of Decisions of the Constitutional Council

¶ 11 Furthermore, Article 41J of the Constitution explicitly provides that the decisions of the Constitutional Council are final and conclusive, and shall not be called in question in any court or tribunal, except by way of an application made to the Supreme Court under Article 126 of the Constitution alleging a violation of fundamental rights.

¶ 12 I am informed that, in relation to the said appointment, three Fundamental Rights applications were indeed filed before the Supreme Court, naming the Members of the Constitutional Council as Respondents. It is also noted that those applications had subsequently been withdrawn by the Petitioners without proceeding further.

¶ 13 This confirms that the proper constitutional mechanism to challenge the decision of the Constitutional Council lies before the Supreme Court, not within the forum of Parliament.

¶ 14 Ruling

¶ 15 In view of the foregoing, I am of the considered opinion that: 1. The Constitutional Council is not a Committee of Parliament but a distinct body established under Article 41A of the Constitution. 2. The provisions of Section 4 of Schedule A to the Parliament (Powers and Privileges) Act are, therefore, inapplicable to its proceedings. 3. The allegation made by the Hon. Member does not disclose any matter of breach of Parliamentary Privilege. 4. Any grievance or challenge concerning the decisions of the Constitutional Council must be pursued only through the constitutional remedy available under Article 126 of the Constitution.

¶ 16 Accordingly, I rule that no Question of Privilege arises in this matter and hence, the issue raised by the Hon. Dayasiri Jayasekara, Member of Parliament, will not be referred to the Committee on Ethics and Privileges.

¶ 17 There will be a meeting of the Committee on Parliamentary Business today, Friday, 10th October, 2025, at 12.00 noon in Committee Room No. 2. All Hon. Members are requested to attend.

¶ 18 Under Article 154(6) of the Constitution of the Democratic Socialist Republic of Sri Lanka, I present Parts V, XI, XII, XIII, XIV and XV of the First Category, Part V of the Fourth Category and Parts I, II, III and IV of the Sixth Category of the Auditor-General’s Report for the financial year 2024.

¶ 19 Question put, and agreed to. Ordered that the Report be printed.

¶ 20 Under Article 154(6) of the Constitution, I also present the following Special Audit Reports in the Tenth Category of the Auditor-General’s Report: - Special Audit Report on the Online Visa Issuance Procedure of the Department of Immigration and Emigration; - Special Audit Report on the Sums Recoverable to the Government from Medical Officers who left the Service and the Deployment of Medical Specialists Trained Abroad; and - Special Audit Report (Part II) on the Need Assessment, Procurement, Supply, Distribution and Regulation of Pharmaceuticals for the years 2022 and 2023.

¶ 21 Question put, and agreed to. Ordered that the Reports be printed.

¶ 22 Under Article 154(6) of the Constitution, I further present: - Part CIII of the Second Category of the Auditor-General’s Report for the financial year 2020; - Part LXVI of the Second Category for 2022; - Part CCXI of the Second Category for 2023; and - Parts VII, XI, XII, XIV and XV of the Second Category; Parts X, XI, XII and XXI of the Third Category; and Parts VI and VII of the Ninth Category for 2024.

¶ 23 Question put, and agreed to. Ordered that the Reports be printed.

¶ 24 Papers presented: - The Annual Report for the year 2022 of the Sri Lanka Rupavahini Corporation. I propose that this Report be referred to the Sectoral Oversight Committee on Health, Mass Media and Women’s Empowerment. Question put, and agreed to.

¶ 25 - The Annual Report for the year 2023 of the National Institute of Language Education and Training. I propose that this Report be referred to the Sectoral Oversight Committee on Public Administration, Justice and Civil Security. Question put, and agreed to.

¶ 26 - On behalf of the Minister of Environment, the Performance Report for the year 2024 of the Department of Wildlife Conservation. I propose that this Report be referred to the Sectoral Oversight Committee on Environment, Agriculture and Sustainable Use of Resources. Question put, and agreed to.

¶ 27 The Report of the Ministerial Consultative Committee on Labour regarding: (i) Annual Performance Report of the Department of Manpower and Employment for 2023; (ii) Annual Performance Report of the Department of Labour for 2023; (iii) Annual Performance Report of the Ministry of Labour and Foreign Employment for 2022; (iv) Annual Report of the Employee Trust Fund for 2022; and (v) Annual Report of the Shrama Vasana Fund for 2023. Ordered to lie upon the Table.

¶ 28 Petitions: - Three petitions presented by the Hon. Rathna Gamage, Deputy Minister of Fisheries, Aquatic and Ocean Resources. - A petition presented by the Hon. Ajith P. Perera. - A petition presented by the Hon. M.K.M. Aslam. - Two petitions presented by the Hon. (Mrs.) Nilanthi Kottahachchi, Attorney-at-Law. - A petition presented by the Hon. E.M. Basnayaka. - Three petitions presented by the Hon. Danushka Ranganath. - A petition presented by the Hon. Kanchana Welipitiya.

¶ 29 Petitions ordered to be referred to the Committee on Public Petitions.

¶ 30 Question No. 1 - 116/2024 (2), Hon. Chaminda Wijesiri.

¶ 31 Question ordered to stand down.

¶ 32 Hon. Chaminda Wijesiri raised a point regarding Standing Orders 23(3), 24 and 40, stating that today is an Opposition Day and Private Members’ Motions time should not be curtailed. He requested that his Private Member’s Motion scheduled for today be taken on another day due to reduced time.

¶ 33 This matter had been discussed and decided by agreement in the House. It will be referred to the Committee on Parliamentary Business. There being consensus, Hon. Chaminda Wijesiri’s Motion will not be taken today and will be scheduled for another day.

¶ 34 Points of Order were raised by Hon. Arjuna Sujeewa Senasinghe, Attorney-at-Law, under Standing Order 92(2)(a). The Chair ruled there was no point of order, as the House had already agreed on the scheduling.

¶ 35 Question No. 2 - 205/2024 (1), Hon. Nalin Bandara Jayamaha - absent.

¶ 36 Question No. 3 - 228/2024 (1), Hon. Ajith P. Perera. The Minister of Justice and National Integration requested two weeks to answer due to the need to obtain information from the Judicial Service Commission. Question ordered to stand down.

¶ 37 Question No. 4 - 315/2024 (1), Hon. Ravi Karunanayake. After exchanges regarding delays in answers, the Minister requested two weeks’ time. Question ordered to stand down.