• Accuses Govt. of using Bill to cover up illegalities
• Says President can only draw funds from Consolidated Fund with Parliamentary approval

TNA Jaffna District MP M.A. Sumanthiran

Tamil National Alliance (TNA) Jaffna District MP M.A. Sumanthiran yesterday questioned the legality of the Appropriation Bill for 2020 presented to Parliament, alleging that it was a Bill intended to cover up

various illegalities that had been purported in this country.

“The Bill that is before us is not only a strange Bill, but it is an act to cover up various illegalities that have been purported in this country,” Sumanthiran said while taking part in the Second Reading debate on the Bill.

He said that an Appropriation Bill must be debated and approved prior to the financial year for which it applies and it was only then the Executive obtained the approval of Parliament to draw from the Consolidated Fund, borrow and generally administer the finances of the country.

”Article 148 of the Constitution very clearly says that the Parliament will have full control over public finance. No tax rate or any other levy will be imposed by any local authority or any other public authority except by or under the authority of law passed by Parliament or of any existing law. So there is no law until now passed for the financial year 2020 that the Parliament has approved. What was approved were certain resolutions under A.150 sub A.2. Those resolutions do not permit levying of taxes or borrowing by the Government,” the TNA MP said.

He said that there had been a severe need to make payments, to spend, to make grants to the general public who were affected in several areas, such as the giving of Rs. 5,000 to families in the month of April and May.

“None of those were public services. But all those expenditures were done, expenses were met, developmental activities were carried out. All this is in violation of the very strict limitation imposed by the provision of the Constitution that says for specific public service only. So, there is a blatant violation of the Constitution by this Government and what is worse for the period 1 May to 31 August there was no resolution under A152,” he said.

Sumanthiran said the Minister of Finance had said twice the President was acting under A 150 sub article 3 authorised expenses, and argued that under Article 153, the President could only authorise spending for public services until the expiry of three months from the date of which the new Parliament was summoned to meet.

“Originally the new Parliament was summoned to meet in May 2020. Thereafter, after the Elections Commission postponed the elections; it was put off until 20 August. Nevertheless, the very limited authorities that a constitution gives a President is during a period of dissolution, he can only authorise expenditure for public services and nothing else,” he said. The TNA MP pointed out that the President could only authorise expenditure for public services and nothing else, but according to the Bill before the House, all kinds of developmental activities were also specified. “It is bad enough that this is coming in the month of November for this financial year; it is blatantly revealing to us that what has been expended is far beyond the authority that the Constitution gives the President,” he added.

Sumanthiran said the Appropriation Bill 2020 before the House was neither a covering approval nor a ratification.

“It is something that can only be done legally. If something is done legally, then you can ratify and grant covering approval for it. But illegal acts cannot have that. The fact that the Government has presented an Appropriation Bill 2020 proves that the Government concedes that there is an illegality that needs to be covered up,” he added.

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