The Hon. Ajith P. Perera

¶ 01 Hon. Presiding Member, at a time when a grave calamity has befallen the country, we express deep sorrow over all who died, and we pray for the full recovery of the injured. We also wish strength and courage to those who suffered property damage and diverse hardships to restore their lives soon.

¶ 02 Our law clearly sets out what the Legislature, the Government, and the President must do when the country faces such a disaster. That law is the Sri Lanka Disaster Management Act, No. 13 of 2005. It provides for the establishment of the National Council for Disaster Management, the National Disaster Management Centre, a Technical Advisory Committee, disaster management committees, the declaration of disaster situations, paying compensation, and granting necessary powers to public officials for ancillary actions.

¶ 03 We expect that even if there were deficiencies and even if the first steps were not taken promptly, those steps should still be taken, even belatedly, for the country’s benefit. Otherwise, the law accepted by the country on disaster management is not being followed, raising concerns about the legality of fund management. The foremost step is the declaration of a disaster situation. Under Section 11(1), the power lies with the President. I wish to know whether, even as of now, the President has made such a declaration under this Act. I drew Parliament’s attention earlier today to this question.

¶ 04 Section 11(3) says a declaration under subsection (1) shall be placed before Parliament at its first sitting held immediately after the date of the declaration for approval by a resolution. We learned of this disaster on the 25th; by the 26th and 27th, the harm was known; Parliament met on the 28th but no such declaration was presented. Today we meet again, and in the interim too Parliament met. Yet the only resolutions on today’s Order Paper are under the Public Security Ordinance and the Essential Public Services Act. A declaration under the Disaster Management Act should have been made by the President and placed before Parliament.

¶ 05 I inquired from the Government beforehand and was told that today they do not expect to obtain approval of any instrument under the Disaster Management Act, No. 13 of 2005. Two serious questions arise: has the President lawfully declared a disaster situation under that Act? If so, it must be presented to Parliament for approval. Because matters such as providing aid, granting necessary powers beyond ordinary law to institutions and officials, and ensuring necessary protections for those officials are all better governed when a disaster is formally declared and approved by Parliament.

¶ 06 Our responsibility here is not to engage in mere criticism; speaking ill does not restore lives or give practical strength to rebuild. Our duty, as Parliament, particularly those versed in law and experienced here, is to create the necessary legal environment to support the Government, officials, the private sector, and our people at home and abroad who are assisting.

¶ 07 A serious issue appears: the Government seems to have overlooked the Disaster Management Act. What steps have been taken under it? Have the essential steps been taken? Do they intend to do so? Clarity is needed.

¶ 08 A circular, “Disaster Relief Services Circular No. 03/2025”, dated 28.11.2025, has been issued and signed by the Secretary to the Ministry of Defence. It does not specify under which law it is issued—whether the Public Security Ordinance, the Essential Public Services Act, or the Disaster Management Act. Then there is a Gazette of 02 December 2025 under the Registration of Deaths Act, No. 19 of 2010, regarding temporary provisions for registering deaths in disaster areas—separate, issued by the Registrar General. Again on 02 December 2025, another notice by the Secretary to the Ministry of Defence, with none of these specifying the legal basis. I obtained all these regulations. There appears to be a problem. I raise this to allow the Government to correct it. If I am wrong, good; that means the Government did it right. If something is amiss, it must be corrected. It seems essential steps under the Disaster Management Act have not been taken. Correcting this is necessary for the country.

¶ 09 Thank you.