Two strikes for Namal on need for chief government whip

22 April 2022 09:07 am Views - 2502

 

The MP made this statement in the context of questions being raised about why MP Johnston Fernando was appointed to the ‘new’ cabinet (sworn in on 4 April 2022), following the resignation of all cabinet ministers save the prime minister. He justifies the appointment on the basis that parliament cannot convene unless the chief government whip and leader of the house have taken oaths as cabinet members.

To evaluate this claim, FactCheck.lk examined the provisions of the constitution and the standing orders of parliament. 

Article 74(1)(ii) of the constitution states that parliament may by law or standing order provide for the regulation of its business. 

The only requirement placed by the constitution in relation to key officers is that whenever a vacancy occurs in the office of speaker, deputy speaker or deputy chairman of committees, parliament must elect another member to fill that vacancy when it first meets thereafter (article 64(3)). This requirement is also reflected in the present standing orders of parliament (standing orders 2 and 6(1)). Neither the constitution nor the standing orders state that the post of chief government whip has to be filled to conduct parliamentary business.

Furthermore, there is no requirement in the standing orders that the chief government whip (or the leader of the house) must be a cabinet minister. Information available on the parliament website shows that in the past, parliament has had chief government whips who were not cabinet ministers.

The MP is twice wrong in that (a) it is not correct that parliament cannot meet without the chief government whip, and (b) it is not correct that the whip should be a cabinet minister. 

Therefore, we classify his statement as BLATANTLY FALSE.

*FactCheck.lk’s verdict is based on the most recent information that is publicly accessible. As with every fact check, if new information becomes available, FactCheck.lk will revisit the assessment. 

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