It is necessary to strengthen Parliament's powers of supervision and control over the executive.' Leader of the Opposition Mr. Ranil Wickramasinghe said speaking at a function in Wattala.Mr. Wickramasinghe said his proposals were open for discussion. His discussion paper on new constitutional provisions follows.
According to our Constitution,
i. the President is responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law. (Article 42).
ii. The Cabinet of Ministers are collectively responsible and answerable to Parliament. (Article 43)
iii. Parliament has full control over public finance (Article 148).
iv. Parliament has to ratify any proclamation under the Public Securities Ordinance (Article 155) and
v. Parliament determines the manner in which the Ombudsman functions (Article 156).
Our Constitution unlike the French Constitution does not contain specific provisions to implement the above mentioned principles. Neither have we passed laws to give effect to these principles. When the Constitution was enacted in 1978 it was hoped that these principles could be established by Convention. This did not take place. The UNP Government of 2001 - 2004 proposed certain measures to strengthen the powers of Parliament, these included:
a. the Fiscal Management Responsibility Act No. 3 of 2003;
b. the Freedom of Information Bill which was approved by Cabinet
c. the proposal to establish oversight committees of Parliament and
d. becoming a party to the UN Convention Against Corruption which required the government to pass the relevant laws.
Many of these proposals could not be implemented since Parliament was dissolved in 2004.
After 2005, laws and Parliamentary conventions already in existence have been ignored. There is open disregard of the Constitution by the President and the Government. The Parliament has been by-passed. As a result there is no Parliamentary control over the executive.
Therefore, it is necessary to strengthen Parliament's powers of supervision and control over the executive. Once Parliament starts exercising oversight powers the Parliament is also involved in the administration. This in turn will lead to consultation between the Cabinet and Parliament in regard to policy matters. The end result will be a stronger Parliament. The Parliament must enact the following new Constitutional provisions and laws for this purpose.
1. A provision to specify the objectives of the Constitution. In some countries like South Africa, these are referred to as 'values'. The following are the proposed objectives;
i Safeguarding territorial integrity and national unity
ii Upholding the sovereignty of the people
iii Non discrimination
iv Respect for human dignity, freedom, democracy, equality, rule of law and human rights.
2. A Comprehensive Bill of Rights. The State and its organs will be required to respect, promote and fulfil the Bill of Rights. The Constitution as the supreme law of the land will take priority over other laws. Any law inconsistent with the Constitution will be invalid.
3. Recognition of Sri Lanka as a representative democracy and a participatory democracy and providing the mechanisms for consultation with civil society on issues of economic or social nature. Parliament will pass laws to enable the citizens and representative associations to make known their views on national issues. Institutions of Government will be required to maintain open and transparent procedures.
4. Whenever the Prime Minister is a member of a Political Party other than the Political Party which the President belongs, the President shall appoint the Ministers on the advice of the Prime Minister.
5. The President will not hold any Ministries. The Constitution and written law will specify the President's powers including the power to issue directives.
6. The Constitution shall specify the number of Ministers and Deputy Ministers. The Parliament shall by written law determine the Ministries and the objectives, and assign such subjects, functions and institutions necessary to attain the objectives.
7. Unless specifically exempted by the Constitution or written law, the President shall make all decisions after consulting the Cabinet of Ministers. All official acts and decisions of the President shall be in writing and shall be counter-signed by the Prime Minister or the responsible Minister. The Prime Minister or the Minister counter-signing shall be responsible to Parliament. If a Minister finds that a Presidential act or decision is contrary to the law he shall notify the Cabinet of Ministers and shall refuse to counter-sign such act or decision.
8. The Prime Minister shall coordinate the affairs of the Government. The Prime Minister will hold only the Ministry necessary to give effect to his function. The Cabinet shall be responsible for the control of the Government, implementing legislations and upholding the objectives of the Constitution.
9. The Parliament to be given the power to determine by written law the Presidential staff and their duties and functions. The Presidential staff will be answerable to Parliament. The Parliament shall also by law specify the staff and other facilities for Ministers and Deputy Ministers.
10. The Parliament shall where necessary by law:
a. ensure that all executive organs are accountable to it and
b. maintain oversight of the exercise of executive authority including the implementation of legislation.
The Parliament shall appoint 24 Oversight Committees including High Posts, Petitions, Public Accounts, Public Enterprises, Monetary affairs and the national debt, Budget and Revenue to exercise oversight authority over the executive. Ministers will be prohibited from serving on these committees. Backbench MPs will become Chairmen of the Committees.
11. The Parliament will enact the following legislations to strengthen the control of Public Finance.
i. A new Fiscal Management (Responsibility) Act which strengthens the Parliament's supervision powers in relation to fiscal matters.
ii. Public Finance Law based on Public Finance Act of New Zealand which will provide:
a. a framework for Parliamentary scrutiny of the Government's management of the State's assets and liabilities including expenditure proposals, and,
b. specify the minimum reporting obligations of the Government.
iii. Public Enterprise Law which will determine the management objectives of each category of Public Enterprises and provide for the manner of Parliament supervision;
iv. A Public Loans Law which will specify the limits of Governmental authority and provide for Parliamentary control for the
a. borrowing of monies
b. issuing of securities
c. giving of guarantees and
d. investing of monies
v. An Audit Law to strengthen the powers for Auditing Government and a new law providing for Parliamentary supervision of the EPF and the ETF.
12. Amend the 17th Amendment to the Constitution so that the nomination to the Constitutional Council and the independent commissions takes effect in 3 weeks if the President fails to make the appointment.
13. Uncoordinated action by 3 levels of administration, Central, Provincial and Local has resulted in duplication and waste. Therefore, provision has to be made in the Constitution for the establishment of district organisations consisting of MPP, MPCC and LA Chairmen to prepare a comprehensive master plan for each district and to coordinate its implementation.
14. The President's power to dissolve Parliament will be limited to the instances specified in the Constitution.
15. I have outlined earlier the measures taken to combat corruption. These are:
a. to pass new laws to give effect to the UN Convention and the Lima Declaration;
b. to introduce after consultation a transparent procurement system based on an existing country model, and
a. to introduce an enforceable code of ethics for MPs based on Nolan Committee Report. The UK Parliament has already implemented these proposals.
16. Another urgent requirement is a new system of election to the Parliament. The same system of election will also apply to provincial and local levels. This system should be based on mixed parallel system with components of constituency and PR system without preferential votes. The ratio of constituency members to the PR members will be based on the outcome of the agreement between the large and small parties in Parliament.
