The Hon. Harshana Nanayakkara, Attorney‑at‑Law - Minister of Justice and National Integration

¶ 01 Hon. Speaker, replies to the Hon. Leader of the Opposition under Standing Order 27(2):

¶ 02 1) Yes. 2) Yes. Under Article 41A(1) of the 1978 Constitution, the President recommends to the Constitutional Council, and upon its approval, appoints the Attorney‑General. Further, this requirement that the President appoints the AG only with CC approval is also affirmed under Article 61E of the Constitution. 3) Yes. The 21st Amendment reinstated the Constitutional Council approval mechanism to ensure the AG’s appointment is independent of direct executive influence—a strong democratic check safeguarding impartiality and independence. 4) Yes. Under existing constitutional and statutory provisions, this Government acts progressively and responsibly to ensure the AG’s independence. 5) Section 3 of Act No. 5 of 2002 sets out grounds for removal of an AG; Section 4(1) vests determination on the President upon due notice/charges; Section 4(2) prescribes the procedure. These provisions guard against arbitrary removal and address misconduct via due process. 6) Any public office holder faces criticisms from time to time. Recently, even decisions of the Judicial Service Commission faced scrutiny here and on social media. Regarding views expressed about the AG’s discharge of duties, the Government has observed such opinions but has not verified their truth or falsity. We recognize freedom of expression. 7) If any such opinions are observed to affect the AG’s independence, the Government will take all necessary measures, in accordance with the prevailing law, to protect that independence.

¶ 03 Additionally, unlike past instances where stones were thrown at law officers’ houses, posters vilified them, or impeachment was pursued against the Chief Justice, this Government acts strictly according to law.