BASL raises concerns over limited time to study Bill

Colombo Port City Economic Commission Bill 

• There is a lack of consultative process, transparency and sufficient time granted for stakeholders to examine the Bill

The Bar Association of Sri Lanka (BASL) yesterday raised its concerns over the limited time given for scrutiny and discussion of the Colombo Port City Economic Commission Bill by the Government.

Issuing a press release, the Executive Committee which was appointed by the BASL to study the provisions of the Bill to make recommendations have been extremely concerned about the timing of placing the Bill on the Order Paper of Parliament, which was after the suspension of sittings of the Supreme Court, a time when many members of the legal profession are unavailable.   

However, as the Bill was placed on the Order Paper of Parliament, the Executive Committee called on the Committee appointed to carry out its work on an urgent basis and the particular Committee presented an Interim Report which focused mainly on the constitutionality of the Bill.   

As per the key findings in the Interim Report the Committee had mentioned that the subject matter of the Bill is of national importance and has the potential to generate significant economic benefits to the country.   
However, there is a lack of consultative process, transparency and sufficient time granted for stakeholders to examine the Bill.   

Further, the Committee had stated that the information in relation to the project company, any agreements entered into between the Government and the project company, and information with regard to the administrative structure of the land mass (Grama Niladhari divisions, Municipal wards etc) have not been disclosed or not available for the public on the Bill.   

Accordingly, the BASL special committee noted that certain provisions of the Bill may be inconsistent with the provisions of the Constitution such as Articles 1, 2,3,4,12,14 and 76.   

UNP to file legal action

By Yohan Perera   

UNP is to file legal action against the proposed Colombo Port City Economic Commission Bill, party sources said. 

UNP Chairman Vajira Abeywardana and General Secretary  Palitha Range Bandara are to file action against the new legislation on behalf of the party according to sources.   

“The main argument of the party is that the legislation will affect the sovereignty of the nation as it creates a separate administration. In addition, the party is opposed to excessive tax concessions, setting up of offshore economic centres, allowing of money laundering with the Colombo Port City and long tax holidays.   
Legal action will be taken following the advice of Party leader Ranil Wickremesinghe according to sources.   
The Bill to establish Colombo Economic Port City Commission was presented to Parliament last week. As per the law, a time period of two weeks are given for the public to file objections against the Bill. 

 
As per the Bill, the five-member commission will be appointed by the President. In making this appointment, consideration  shall be afforded to ensure that such members possess relevant  knowledge, expertise and experience and national, international  recognition in the fields of investment, finance, law, information,  technology, engineering, business or accountancy. President shall  appoint one member from the five members as the Chairperson of the  commission. 

• The main argument of the party is that the legislation will affect the sovereignty of the nation as it creates a separate administration

SC to consider petitions

By Yoshitha Perera 

 A Five-Judge Bench of the Supreme Court was yesterday appointed  to consider the four petitions filed challenging the Colombo Port City  Economic Commission Bill.  

The five-judge panel include Chief Justice Jayantha  Jayasuriya and Justices Buwaneka Aluvihare, Priyantha Jayawardena, Murdu  Fernando and Janak De Silva.  

Accordingly, the four petitions were filed by UNP Chairman  Vajira Abeywardena, its General Secretary Palitha Range Bandara,  Chairman of the Association of Information Technology Professionals  (AITP) Engineer Kapila Renuka Perera, Executive Director of Centre for  Policy Alternatives (CPA) Dr. Paikiasothy Saravanamuttu and former  Parliamentarian Wasantha Samarasinghe.   

The petitions would be taken up for consideration on April 19.     

SJB petition against Colombo Port City Economic  Commission Bill  

By Yohan Perera  

Samagi Jana Balawegaya ( SJB) General Secretary Ranjith Madduma Bandara filed a petition yesterday against the Colombo Port City Economic Commission Bill requesting the Supreme Court to declare that legislation should be passed by two thirds majority by a referendum.   

“In the matter of an application made under and in terms of Article 121(1) read together with Article 120 of the Constitution of the Democratic Socialist Republic of Sri Lanka to determine, whether the Bill titled the ‘Colombo Port City Economic Commission’, or any part thereof is inconsistent with the Constitution and /or requires to be passed with the special majority required by Article 84 or requires the approval of the People at a Referendum,” the petition said.   

The Attorney General was named as the respondent of the petition filed by Madduma Bandara.