Hon. (Dr.) Harini Amarasuriya - Prime Minister and Minister of Education, Higher Education and Vocational Education

¶ 01 Hon. Presiding Member, thank you very much for giving me this opportunity.

¶ 02 Listening to what the Opposition Members said today, we are actually very pleased. Do you know why? For a long time, we stood alone, without power, for the cause of Independent Commissions. We stood for it even when we were not in power. Now we have an Opposition also standing for Independent Commissions. We are very happy about that. Do not interrupt, Hon. Sujeewa Senasinghe. When the Eighteenth Amendment to the Constitution was taken up and these Independent Commissions were to be removed, you were very conveniently absent. So, you did not defend it.

¶ 03 On the day the Eighteenth Amendment to the Constitution was brought in to take away the Independent Commissions, you were absent. Maybe; let us hope so.

¶ 04 Hon. Presiding Member, a couple of days ago, after making a big noise here, the Opposition requested this Debate. We respect the Opposition because in parliamentary tradition the Opposition plays a necessary role. When the Opposition raises a matter, we take it seriously. That is why, even though we have other work, several of our Ministers and State Ministers are here in the House at this time. When the Opposition brings a significant Motion, we respect it and remain here to express our views. That day, when a big noise was made and about 20 Members stood up and asked for this debate, as the Government, we agreed and allocated time. But of those 20 Members, only Hon. Sujeewa Senasinghe is now here. Hon. Sujeewa Senasinghe, we would have taken you all and the intent of this Debate far more seriously had there been, at least, one or two of those Hon. Members with you to support. Unfortunately, that is not happening. That is very clear.

¶ 05 Please take my time and answer, because I have plenty of time to answer since you have no one to speak on your behalf.

¶ 06 We will look into the point you raised. We will look into it.

¶ 07 Accordingly, Hon. Presiding Member, we are here with due seriousness for this Motion. We regret that the Opposition is not acting likewise.

¶ 08 Hon. Presiding Member, as explained here, it is very clear that nothing has been done contrary to the Constitution or in violation of it. The same applies regarding the Police Commission. Examples have been cited. The Police Commission has the power to delegate its authority to the IGP. That is in accordance with the Constitution. There is no issue there. The Opposition is now raising this matter alleging that this weakens the powers of the Police Commission. However, the authority delegated relates to transfers. Hon. Presiding Member, then it must be done according to the guidelines issued by the Police Commission. There is no way to go beyond that. Likewise, if the transfers or decisions taken by the IGP are contrary to those guidelines, there are three avenues of appeal: one can appeal again to the Police Commission itself; or to the Administrative Appeals Tribunal; or file a Fundamental Rights application. Therefore, no one’s legal rights are weakened or violated here. The IGP has no power to act on his own; he must first act according to the guidelines issued by the Police Commission. If anyone feels that those guidelines have not been properly followed, there is the right to appeal.

¶ 09 Yes, Hon. Sujeewa Senasinghe, please speak.

¶ 10 Hon. Presiding Member, please give him time, since he has to carry this fight alone.

¶ 11 Hon. Sujeewa Senasinghe, please be brief due to time constraints.

¶ 12 Legally, it can be done; morally, considering the situation, it cannot be done. Thank you very much. In an emergency situation, it is allowed, but there is no emergency here. We are not disputing the law.

¶ 13 You are making a moral point, is it? Very good. We are very pleased about that.

¶ 14 Yes, a moral point and about why the Commission was established. The purpose of establishing the independent National Police Commission is not to delegate power back to the IGP. That should not be done. So, why are you doing it?

¶ 15 I would then suggest, Hon. Member, that it would have been far more useful had the Opposition brought in a Motion to amend that constitutional provision which allows delegation. If you think that is the problem — that the Commission should not delegate its power — why do you not bring a Motion to amend the Constitution so that it cannot happen?

¶ 16 Yes.

¶ 17 Please give him the microphone, Hon. Presiding Member.

¶ 18 That provision is for urgency, Hon. Prime Minister, not for you to do it ad hoc. If there is any situation where that power should be delegated, it can be delegated. You have not given us good reasons as to why it has been delegated now. So, please tell us why it has been delegated. Since the Commission was established for a certain purpose, why is it delegated back to the IGP? There is no necessity at all.

¶ 19 Hon. Presiding Member, we also understand well the duties the police are performing now. At this time, we must, in fact, thank the police for the work they are doing against narcotics — the investigations and raids — which are extremely important. We also know well that along with drugs, what comes to our country is not only drugs. This is connected to the underworld, and not only that — the drug trade is also connected to politics. We all know this now. We must break this. The greatest task we can do now is to break the nexus — the network — among drugs, the underworld and politics. If we are to save our youth and our children, prevent violence in our homes, and avert social crises, we must break this network. The police are now intervening for that. For the police to intervene effectively, swiftly, and efficiently, the Police Commission must also work in tandem. Only the power to appoint OICs has been delegated by the National Police Commission to the IGP.

¶ 20 Hon. Presiding Member, we know well that even in this fight against the trinity, there are insiders connected to it — within the police, the prisons, and even the courts. Even now, nearly 400 police officers have been interdicted for abusing their power in various ways, and charge sheets have been served on over 2,000. The military is also implicated. In such a situation, we must also clean up the inside. Who is best placed to assess the team under his charge? The IGP should be able to appoint, for this task, clean, efficient, fast-working, uncharge-sheeted, trusted officers. I think that is a good thing. This is not to transfer anyone per a politician’s wish. This is to assist the IGP in the current operations.

¶ 21 Please give him time again, as we appreciate his lone fight.

¶ 22 Victory to the lone fight!

¶ 23 Thank you, Hon. Prime Minister. There have been graver situations in this country. When these laws were brought, since 1990 we have faced worse, like terrorism. As you say, do the members of the Police Commission — M.M. Lalith K. Karunaharan, Dilshan Jayasuriya, A.A.M. Illiyas, Jayantha Jayasinha, and Thanuja Fernando — lack this capacity? If requests are made as you say, can the Police Commission not—

¶ 24 I am not saying that at all, Hon. Presiding Member. Nor is it said anywhere. We did not issue that Gazette. The National Police Commission made that decision. We have never said those gentlemen and lady lack capacity. They made a decision, within their power, to delegate. We have not said they lack efficiency or capacity.

¶ 25 Hon. Presiding Member, please give me two more minutes. Since I gave time from my speaking slot to Hon. Sujeewa Senasinghe, who is fighting alone, please allow me a little extra time to conclude my remarks.

¶ 26 Hon. Presiding Member, this was not said by any of us. It was a decision by the Police Commission. We believe the Police Commission is doing this now to further strengthen and encourage the police, and to empower them to work independently; not to allow the political authority to make the police dance to its tune. We give the Police Commission that trust and respect. If someone thinks the political authority is abusing this, the Police Commission can at any time revoke this delegated power. Can it not, Hon. State Minister? It can.

¶ 27 We have that confidence in the Police Commission. Therefore, this is not a problem for us. Hon. Sujeewa Senasinghe, I do not know whether it is a problem for you. But when these raids and investigations get closer to some, they panic, and grasp this from the wrong end. If there is genuine concern about the independence of these Commissions, I propose that we discuss steps to further strengthen them. Bring proposals for necessary constitutional amendments. But do not grab bits and pieces and say, “This is not in line with our policies.” What happened yesterday? You gave us an opportunity, a good platform, to explain what we have done over the last ten months. We are thankful for that as well. On this occasion too, we particularly thank Hon. Sujeewa Senasinghe for creating this platform regarding the Independent Commissions and for fighting this battle alone.

¶ 28 We are very happy that today both the Opposition and the Government stand together on protecting the independence of the Commissions. I believe we can all work together towards that.

¶ 29 Hon. Sujeewa Senasinghe, even if you were not present when the vote on the Eighteenth Amendment was taken — whether you were abroad, I do not know — in the future, we trust that you will wage a lone fight in the steps we take to strengthen the Commissions.

¶ 30 Thank you very much.