The Hon. Dayasiri Jayasekara, Attorney-at-Law
Hon. Dayasiri Jayasekara raised a point of order and privilege concerning the composition and functioning of parliamentary committees, particularly the Committee on Parliamentary Business, COPE and COPA. Citing Erskine May and Standing Order 101, he argued that the Opposition is not receiving fair representation compared with previous Parliaments and questioned whether committee appointments and expansions were made procedurally. He requested the Speaker to intervene, allow Opposition privilege matters to be presented, ensure adequate time allocation, and provide a ruling rather than directing the Opposition to negotiate with the Government.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Sir, I rise to a point of Order.
¶ 02 Hon. Speaker, we have a serious issue about this Member’s conduct in this Parliament. On the one hand, he says one thing to you, and on the other hand he says something else. We do not make distinctions among Sinhala, Tamil, Muslim. At such a time, he speaks in English and creates issues in Parliament and the country. Do not allow this. If he has an issue, we will send him to a doctor… Hon. Speaker, what is this?
¶ 03 Sir, we must have the right to present our matters of Privilege. Please allow us to present them, Hon. Speaker. We will take only a few minutes; we will not take much time.
¶ 04 This is a Privilege issue.
¶ 05 “Erskine May: Parliamentary Practice” says: “There is in general no limit to the number of members who may be named of a committee. Committees may be enlarged by the addition of members appointed in the same way as those originally nominated. Other than in exceptional circumstances,...” “There is no firm rule as to the political composition of most committees. However, the Government have a majority over the other political parties on public bill committees and special public bill committees, the balance being held by the Crossbenchers.”
¶ 06 Ordinarily in Sri Lanka, we take guidance from Erskine May. I wish to state clearly that it is sufficient for the Government to have a majority, but repeated statements emphasize that adequate representation should be afforded to the Opposition. I request the Hon. Leader of the House as well to consider this. You have already appointed the Chairmen of COPE and COPA. Generally, no Chairman is appointed without the Committee on Parliamentary Business meeting. It seems that the Committee on Parliamentary Business has met without Opposition Members. This cannot be. I request that Parliament act properly, lend an ear, and increase the number of Opposition members to some extent. Otherwise, Parliament will be pushed to a point where it cannot function. We will not stop here; we will even take this to the IPU. If the Government cannot meet this fair request, it is a gross breach of our privileges.
¶ 07 As an example, in the Seventh Parliament the Government had 75% and the Opposition 25%. In the Committee on Parliamentary Business there were 13 from the Government and 11 from the Opposition. Now, in the Tenth Parliament the Government has 71% and the Opposition 29%, but in the Committee on Parliamentary Business there are nine from the Government and four from the Opposition. How is this fair? The Committee is for arranging Government business; we come and present our views, and finally you and the Government decide. If we cannot present our views within the Committee, that is a big problem. The final decision is with you; therefore please give that decision. We will not stop here. We will make this a major issue because we need fair participation in Committees. We request respectfully that you allow space for Opposition views and do not continue this destruction.
¶ 08 Hon. Speaker, Standing Order No. 101 states: “A Select Committee shall not, without the leave of Parliament, consist of more than twelve Members. A motion for such leave requires notice.” Without notice, this cannot be presented. That is the issue now. Please consider this. That is the basis for our Privilege questions.
¶ 09 Under which Standing Order?
¶ 10 Hon. Speaker, when a question arises, the Government may have a view; we may also have a view. But please do not tell us to go and talk with the Government. The Government is unwilling. You are the head of this august Assembly. We have no one else to appeal to but you. If the Government does not give the opportunity, and if such obstinacy exists, please take a decision and inform us.
¶ 11 Hon. Speaker, we request kindly regarding the allocation of time. If you decide to give them the opportunity, we have no objection. But we are not agreeable to turning this into a critical political weapon against Parliament and us. Please give your decision and allocate time.
Provenance
- Source
- Hansard, Wednesday, 5 February 2025 ·No. 1739175806099814 ·English daily/uncorrected Hansard
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Cite as: The Hon. Dayasiri Jayasekara, Attorney-at-Law. 10th Parliament, Parliament of Sri Lanka. Hansard, 5 February 2025. No. 1739175806099814. Politick, https://staging.politick.io/lk/speeches/26810