Mr. Speaker

¶ 01 Hon. Speaker, I submit this letter to draw your attention to a serious breach of Parliamentary privilege and a violation of the Code of Conduct for Members of Parliament committed by the Hon. Sritharan, who serves as the representative of the smaller Opposition parties not affiliated to the main Opposition on the Constitutional Council.

¶ 02 The Parliamentary (Powers and Privileges) Act provides the essential foundation to safeguard the dignity and independence of this institution. Under Section 29, “Any act done or any conduct displayed by a Member of Parliament which obstructs the performance of the functions of Parliament or the functions of any of its Members, or which interferes with or hinders such functions, constitutes a breach of privilege and is subject to inquiry and sanction as provided by law.”

¶ 03 In the process of submitting nominations to the Constitutional Council, Hon. Sritharan’s actions have disregarded the collective authority of Parliament and undermined the representative duties of Members. This squarely falls within the above meaning. The Code of Conduct clearly requires Members to act ethically and impartially. A complaint has been lodged against Hon. Sritharan before the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). While matters in that complaint are being inquired into, he has taken steps prioritizing his personal aspirations. Appointments to the CIABOC are made by the Constitutional Council. Without disclosing to the Council that a complaint against him is pending at the CIABOC, he has participated in appointments by exercising his vote.

¶ 04 Although the Constitutional Council is not an institution under the control of Parliament, the Parliamentary Code of Conduct still applies to him because he serves there in terms of the constitutional provision allocating representation to MPs from smaller parties not aligned with the main Opposition.

¶ 05 Therefore, contrary to Clause 7 of the Code of Conduct, which requires Members to act for the public good in decision-making, avoid actions for financial or personal benefit, remain free from external influence, ensure that public duties are carried out solely on merit, and be accountable and open to public scrutiny, he has acted otherwise.

¶ 06 By acting contrary to these constitutional and ethical requirements, Hon. Sritharan has forfeited the trust placed in him, not only by me and my party, but also by Members representing other Opposition parties not aligned to the main Opposition. His conduct has eroded the confidence, integrity, and impartiality expected of a member of the Constitutional Council, amounting to a clear breach of privilege and violation of the Code of Conduct.

¶ 07 Hon. Speaker, I am raising this privilege matter for reference to the Committee on Ethics and Privileges. Yesterday, you rejected it and asked that I present the matter with specificity. Accordingly, I have presented it today.