The Hon. M. Nizam Kariapper, PC

¶ 01 Hon. Deputy Speaker, following the Hon. (Dr.) Kaushalya Ariyarathne’s remarks, I wish to address two issues: first, the CMC voting law, and second, today’s Orders.

¶ 02 On the law: section 48 of the Local Authorities Elections (Amendment) Act, No. 22 of 2012 provides:

¶ 03 “Where two or more names of members are proposed and seconded for election as Mayor, the mode of election shall be by open voting.”

¶ 04 Note “shall” — the general principle is open voting. However, section 48 also contains subsequent subsections. Subsection 66A(7) and 66A(8) refer to the situation “Where it is determined under subsection (6) that the election of the Mayor shall be by open voting…” and also, “Where it is determined under subsection (6) that the election of a Mayor shall be by secret voting…”. Crucially, subsection (6) itself does not mention secret voting; the determination must be made properly by the presiding officer on reasons, not merely because a single member stands up and asks. If, exceptionally, secret voting is to be used, the House must determine it by majority, with reasons recorded. Misleading suggestions to the contrary should be corrected.

¶ 05 Now to the Orders under Act No. 49 of 2024. The Minister has power under sections 2(1) and 1(2) to designate countries whose foreign judgments may be recognized and enforced here. While divorce issues have been recognized judicially in Sri Lanka even without statute where legal systems are comparable, the Act now contemplates two main categories: divorce and monetary (debt) judgments. But issuing a Gazette is not enough. Three matters must be satisfied:

¶ 06 - Reciprocity or some bilateral arrangement on enforcement; - Sufficient comparability between the foreign legal system and ours; - Where appropriate, consultation with the Minister of Foreign Affairs.

¶ 07 How were these 53 countries selected? Was reciprocity confirmed? Have those countries accepted enforcement of Sri Lankan judgments? Further, practical protection is needed: if UK authorities issue a summons against a Sri Lankan, can our High Commission appear or facilitate representation through the Foreign Ministry? Otherwise, ex parte judgments will be taken abroad and rushed for enforcement here, with citizens unable to afford solicitors or counsel overseas. This is less problematic with nearby jurisdictions like India or in the Middle East, but serious for others.

¶ 08 I request the Minister to clarify reciprocity assessments, Foreign Affairs consultations, and measures to establish dedicated units in our missions to assist citizens facing foreign proceedings.

¶ 09 Thank you.