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| Sunday, 11 May 2003 |
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Govt. has strength to face any challenge -PM By Deepal Warnakulasuriya & Don Asoka Wijewardena Prime Minister Ranil Wickremesinghe told a public meeting in Piliyandala yesterday that the Government firmly rejected the attempt to vest the Development Lottery Board under the President but was keen to resolve the controversy through dialogue. "The Government does not accept the reasons given by the President for the take-over of the Development Lottery. We are ready to discuss the matter and come to an agreement to resolve it. But if the President intends to be confrontational, this Government has all the courage, power and will to fight back," the Prime Minister declared at a public function at the Sri Bimbarama Viharaya yesterday evening. Referring to the controversy that had arisen over the attempt on Friday to print a Government Gazette notification that would have vested the Lottery Board under the President, the Prime Minister declared that President Chandrika Kumaratunga had to change her stand on the matter. Otherwise the country would face a constitutional crisis which would seriously effect economic and political stability and thereby the people would suffer, Mr. Wickremesinghe warned. He denied that the Government had planned to privatise the DLB or to revise legislation pertaining to the DLB. While constitutional experts dismissed the validity of any Presidential order that had not been notified by publication in the Government Gazette, the Government leadership met in emergency Cabinet session yesterday morning and resolved that, in the event of a constitutional confrontation with the Presidency, to go before the people, authoritative government sources told the Sunday Observer. The Government leadership meeting at Temple Trees yesterday, following Friday's incident at the Government Press, resolved to respond to the controversial Presidential take-over bid with all its collective strength. Prime Minister Ranil Wickremesinghe chaired the meeting at which the situation was assessed and it was concluded that since a Government Gazette notification had not been printed, the Presidential order for the take-over of the Development Lotteries Board was not operative, sources said. Furthermore, since the attempt to transfer a subject under the purview of a Minister had been made without any consultation with the Government, it was a violation of Article 44 of the Constitution. When the Sunday Observer spoke to the President's Director-General for Media, Janadasa Peiris, he claimed that since the executive order had been signed by the President, it was valid despite the lack of a Gazette publication. Senior constitutional lawyer Desmond Fernando PC told the Sunday Observer, however, that a Gazette notification was required for any order to come into effect. In this light, Mr. Fernando said categorically that the Presidential vesting order was not operative. Prime Minister Wickremesinghe is understood to have told the UNP leaders gathered at Temple Trees yesterday that the President had committed a "mistake" in failing to consult him before taking action regarding the Development Lotteries Board. UNP General Secretary Senerath Kapukotuwa, who participated in the meeting told the Sunday Observer that it was felt that certain political factions were attempting to undermine the working relationship the President and Prime Minister. "Some rivals are trying to split the friendship between the Prime Minister and the President," he observed. At yesterday's emergency Cabinet session, Ministers are understood to have concluded that the President's sudden move was aimed at de-stabilising the peace process and the current economic stability. Meanwhile, the situation at the Government Printing Press, Borella, was reported calm yesterday after the disturbance on Friday when PA parliamentarian Bharatha Lakshman Premachandra and a group of activists reportedly intervened in an attempt to enforce the printing of the Gazette containing the Presidential order. Inspector General of Police T. Anandarajah has appointed a special police unit under a Senior Superintendent of Police at Police Headquarters to inquire into the incident at the Government Press, police sources disclosed. While the Government leadership was in consultation yesterday, People's Alliance leaders were understood to be waiting for the return of the President from her sojourn in Nuwara Eliya. Leader of the Opposition Mahinda Rajapakse told the Sunday Observer that no meetings or consultations had taken place over the issue and that they were awaiting the President's arrival in Colombo. Presidential spokesman Janadasa Peiris told the Sunday Observer: "What has happened is only the taking over of the DLB under the President's subject area. The decision does not have any other implication other than the President's belief that the Board should function under her purview. This has nothing to do with the Minister of Economic Reforms, Science and Technology or his administrative capacity." Prime Minister Wickremesinghe earlier sent a letter to the President stating that "I regret that I cannot agree to any subject or function assigned being changed by yourself without reference to me as Prime Minister. This is a requirement of Article 44, particularly in the existing political and Constitutional context." He added that the President was in breach of Article 44 of the Constitution which debars her from changing ministerial functions without consulting him as Prime Minister. He also requested her to stay the publication of the Gazette notification announcing the vesting of the DLB under her authority. Economic Reforms, Science and Technology Minister Milinda Moragoda, whose portfolio included the DLB also sent a letter to the President in which he said: "I am unable to understand this abrupt action by you. I am sorry to state that you have not even afforded the elementary courtesy of discussing the matter with me, the Minister responsble, before taking this extreme step." Minister Moragoda added that "I regret that your action serioiusly undermines one of the principal planks of the prevailing co-habitation arrangement and would therefore strongly recommend that you discuss this issue with the Prime Minister before proceeding with your decision." ******** President should have consulted PM - Desmond Fernando by P.Krishnaswamy President Chandrika Bandaranaike Kumaratunga, in executing her powers on a controversial issue with regard to a cabinet portfolio held by the majority UNP government, should have had consultations with Prime Minister Ranil Wickremesinghe before deciding to determine the assignment of subject and function in view of the fact that the PM has a majority in parliament, senior constitutional lawyer Desmond Fernando PC, told the Sunday Observer. Commenting on the current constitutional crisis, he said the President should have used her discretion under Article 44 (1) to prevent any confrontation between herself and Parliament. In the best interests of cohabitation and stability of Government, such consultations are absolutely necessary, he added. In order to avert confrontations of this kind and also to gain the confidence of Parliament, consultations between the majority Government and the Executive President are absolutely necessary, Desmond Fernando said. |
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