The Hon. Bhagya Sri Herath, Attorney-at-Law
The remarks supported Orders under Act No. 49 of 2024 to recognize and enforce designated foreign civil judgments in Sri Lanka, particularly monetary and divorce decrees, describing them as beneficial to Sri Lankans abroad by avoiding re-litigation. It was stated that consultation with the Foreign Minister or Attorney-General under the Act is discretionary rather than mandatory. The speech also rejected Opposition claims about the legality of a CMC secret ballot, saying the matter should be taken to court if contested, and emphasized that judicial reforms require implementation capacity, including staffing, infrastructure, digitization, and process improvements.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Hon. Deputy Speaker, today we are to approve Orders under Act No. 49 of 2024 enabling recognition and enforcement in Sri Lanka of certain foreign civil judgments—particularly monetary and divorce decrees—from designated countries. After the Minister tables the Orders, our task is to debate them substantively: how the designations align with the Act, and what further legal or policy frameworks we need.
¶ 02 An Opposition Member demanded that the Minister must consult the Foreign Minister or Attorney-General mandatorily. The Act states the Minister “may” seek their views—discretionary, not mandatory.
¶ 03 On the CMC matter: the Opposition lost because they lacked the votes. Instead of reflecting on why, they now claim the secret ballot was illegal, brandishing guidelines while ignoring the statute’s provisions and their interpretation. If they truly believe it unlawful, they should go to court. Parliament’s time should not be consumed by issues they refuse to litigate.
¶ 04 Global legal systems evolve rapidly. Our debates should focus on reforms with real impact, not theatrics. The Orders before us are part of broader judicial reforms. We discussed digitization and other measures at the Ministry Advisory Council yesterday. A Gazette alone will not solve backlogs; implementation capacity matters—staffing, infrastructure, and process improvements.
¶ 05 We support these Orders as a step forward, especially benefiting Sri Lankans abroad who previously had to re‑litigate civil matters like divorce or monetary claims here. Thank you.
Provenance
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- Hansard, Wednesday, 18 June 2025 ·No. 1751280704002343 ·English daily/uncorrected Hansard
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Cite as: The Hon. Bhagya Sri Herath, Attorney-at-Law. 10th Parliament, Parliament of Sri Lanka. Hansard, 18 June 2025. No. 1751280704002343. Politick, https://staging.politick.io/lk/speeches/6812