Pandemonium in P’ment before passage of provincial council polls bill

By Ashwin Hemmathagama – Our Lobby Correspondent

Amidst heated debates and the House getting suspended twice, lawmakers passed the Provincial Councils Elections (Amendment) Bill with amendments. 

The third reading received 159 votes in favour. Prior to the Committee Stage, the second reading received 154 votes in favour, 44 against and one abstention. 

Prior to moving the second reading motion, the UPFA Joint Opposition Parliamentary group leader MP Dinesh Gunawardena raised a point of order challenging the validity of the Provincial Councils Elections (Amendment) Bill and demanded a ruling from the chair. 

“The minister is attempting to move a bill in relation to the provincial councils. Parliament has to inform the provincial councils as per Article 154 prior to moving the respective bill. Even the 20 Amendment was informed. But the provincial councils were not informed about this bill. So you need to give a ruling that such action is not required,” said Gunawardena.

UPFA Joint Opposition MP Wimal Weerawansa seconded MP Gunawardena’s point of order by highlighting the alleged violation of sovereignty provided in the Constitution. “The 225 members of this House represent the sovereignty of the people. The Constitution itself has provided them with the opportunity to go to court on laws governing them by getting to know such laws in advance. Even though it is a small act the amendments are more than what is seen in the bill,” said MP Weerawansa

Rejecting the point of orders, Speaker Jayasuriya held that it is not required to do so. 

“I was informed that such prior informing is not required. I have obtained the necessary legal advice. I will submit the determination of the Attorney General in the Parliament at the right moment,” said the Speaker, who wanted the House to continue despite the disturbances of the UPFA Joint Opposition.

Minister of Higher Education and Highways and Leader of the House of Parliament Lakshman Kiriella, reminding the Joint Opposition members how they governed during the Rajapaksa administration, saying they mostly used undemocratic and questionable methods, said: “I take this opportunity to remind this House how the 18th Amendment to the Constitution was moved in Parliament. It was tabled in the morning and was passed in the evening without leaving room for us to debate it. We were in the Opposition at that time,” he said, expressing displeasure.

Prime Minister Ranil Wickremesinghe told Parliament that the Government was willing to go back to the drawing board if further amendments were required. “We will not degrade the citizens of this country, regardless if it’s the majority or the minority. If we see any injustice or unfair situation, we will come back to the Parliament to amend it. The only President who came from your party is now with us. Where are your Bandaranaike policies? Not even former President Mahinda Rajapaksa is with you! You are on the rocks,” said the Prime Minister.

Minister of Provincial Councils and Local Government Faiszer Musthapha moved the second reading debate highlighting the importance of an historical move to increase female representation as lobbied by the former Government which was now standing against it.

“In this country, the public at last agitated that they wanted to change the electoral system. Thanks to the President and also MP Dinesh Gunawardena’s continuous agitation we are to bring about this change. With regards to female representation, there has been continuous agitation, where unless you come from a background with political linage you don’t have the opportunity to get into Parliament. So, it has been just by thinking to introduce a system where women could enter into all organs of Government,” he said.

According to Minister Musthapha, women who were unable to enter into politics could do so regardless of their monetary support and family background. “With regards to the local government, a mechanism has been brought where 25% of the members should be women. The country has a great need for women’s participation where we have a 52% female population in this country. However, at the moment there are less than 5% of women in elected bodies. This major paradigm shift will give women the opportunity to participate. In this country money has played a pivotal role in elections. As a result, we could not get community leaders into local bodies or the Parliament,” said Minister Musthapha.

The Minister, criticising the Joint Opposition for twisting words for political gain, urged all lawmakers to support the bill. “We are doing exactly what was mentioned in the report of MP Dinesh Gunawardena, who should be happy. The members who are opposing it now in Parliament were the supporters of a new system for local governments. We are only trying to introduce a similar system to provincial councils where a member is answerable to an electorate and also to have women’s participation. I don’t know these members are agitating today and their agitation is baseless. I respectfully urge all members to support this bill and to do away with the preferential voting system which is detrimental to the masses,” he added.

Illankai Tamil Arasu Kadchi MP, M.A. Sumanthiran, joining the debate, commended the move which will increase female representation in provincial councils and pave the way to increase the same in the Parliament as well as in other state bodies.  

“The bill that is before the Parliament introduces a proportion of 30% of women candidates who have to be nominated by a nomination paper submitted by any political party or an independent group when they contest the Provincial Council Elections. According to the Standing Orders, any member can move amendments during the committee stage of any bill provided notice is given before 12 noon. This is a very progressive bill which suggests not less than 30% of women in nomination papers. Although you nominate them their representation is not ensured based on the votes. So, 30% of the nomination paper can never ensure 10% women representation,” said MP Sumanthiran. 

“I am glad that there is before the House the notice at the committee stage amendment that ensures at least 25% of women will actually sit in the provincial councils when the provincial council is constituted. The scheme has been developed for the Local Authorities Election Act where 10% of women’s names are nominated on the lists for votes and not less than 15% of the names of women are nominated on proportional representation. This will ensure at least 25% of women can actually sit in the council that is constituted. I am glad that it is proposed in the committee stage amendment,” he added.