Confident 19A will be passed on Tuesday - Minister Wijeyadasa Rajapakshe

by Uditha Kumarasinghe

April 20 and 21 have been set for the much-awaited Parliamentary debate on the 19th Amendment to the Constitution. Justice and Labour Relations Minister Dr. Wijeyadasa Rajapakshe told the Sunday Observer that the Government is confident of obtaining a two-thirds majority in Parliament to pass the landmark legislation. It's coalition partner, the JHU which earlier opposed the amendment has also confirmed that it will vote for it after the Government decided to remove sections in the 19th Amendment draft which the Supreme Court determined needs the approval of the people at a referendum.

Justice and Labour  Relations Minister Dr. Wijeyadasa Rajapakshe

Minister Rajapakshe said all political parties have the responsibility to get this Amendment adopted in Parliament deviating from their petty and narrow political agendas.

Excerpts of the interview

Q: Have the sections of 19th Amendment to the Constitution needing a referendum been deleted and if so can the passage of the Bill be secured easily?

A: Actually only two main issues cropped up. One was that the Prime Minister should be the Head of the Cabinet and he should appoint the Cabinet of Ministers. The other issue was that the President has to act on the advice of the Prime Minister.

The Government has agreed to remove paragraphs 42(3), 43(1), 43(3), 44(2), 44(3) and 44 (5) in Clause 11 and paragraph 104 B(5)(c) in Clause 26 which need the people's approval at a referendum.

Therefore, the composition of the Cabinet and and the distribution of portfolios among the Ministers will be decided by the President. However, the sections which need a referendum should be expunged at the Committee Stage debate on Tuesday (April 21). The Government is confident of passing this important piece of legislation in Parliament on Tuesday.

Q: Would there now be a balanced relationship between the Prime Minister and the President enabling them to work in harmony?

A: Definitely. But that depends on whether the leaders perform their duties in a cultured manner. During our few months in office, we have demonstrated the signs of a new political culture. President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe are mature political leaders.

We have shown our commitment to ensure the country's rule of law, because we have no personnel agendas. But if power shifts to the wrong person, there could be serious consequences.

The main constitutional changes of the 19th Amendment include the transformation of the Presidential form of government to a Presidential-Parliamentary system of government and the restoration of the 17th Amendment to the Constitution.

If the 19th Amendment is passed by Parliament, the President's term will be reduced from six years to five and he can hold office for a maximum of two consecutive terms. According to the proposed reforms, the President cannot dissolve Parliament until four years after a general election.

Q: Don't you think the complicated and hurried manner adopted to present the 19th Amendment would not augur well for the country?

A: Actually this is nothing new nor is it a hasty move. Since 1994, all Presidents pledged they would introduce this important piece of legislation, but they were unable to fulfill their pledge. We are quite happy the incumbent Government could fulfill this long felt need.

The President should have some powers and he should not merely be a ceremonial figure. The President and the Prime Minister should work in harmony. Our intention is to introduce a new constitution after the General Election and convert Parliament into a constitutional assembly.

Q: Some UPFA Parliamentarians argued that amendments to the gazetted 19th Amendment were not in the interests of Parliament or the people. Your views?

A: That is an absurd argument. Before the final draft of 19th Amendment Bill was formulated, a discussion attended by Dr Jayampathi Wickremaratne, Legal Draftsman and UPFA Parliamentarian Prof. G.L. Peiris and myself was held.

The entire SLFP headed by Opposition Leader Nimal Siripala de Silva also considered this legislation as being in the best interests of the people. The Opposition Leader assured in Parliament that they would extend the fullest support to pass this legislation.

They also proposed that the 19th Amendment and electoral reforms should be brought simultaneously. The recommendations made by all political parties were taken into consideration before the final draft was enacted. At present, the Government's coalition partner, the JHU has also pledged to support the 19th Amendment after the necessary changes were incorporated into it.

Q: Are you happy with the checks and balances in the 19th Amendment?

A: Certainly. There were no checks and balances in the 1978 Constitution. Therefore, one of the key purposes of this amendment was to safeguard the checks and balances. This should be the fundamental in a Constitution. This Constitutional Amendment has overcome that long-felt need.