Prerogative Prorogues and Tricky Tactic ‘Pro-Rogues’

A scene of Parliament melee during the Prorogation of 2015

“The prorogation of Parliament is a prerogative act of the Crown. Just as Parliament can commence its deliberations only at the time appointed by the Queen, so it cannot continue them any longer than she pleases…. ”-- Erskine May : ‘Parliamentary Practice’   
In Sri Lanka, in recent times Parliaments were prorogued for achieving, other objectives. The committees including the COPE and COPA stand dissolved except for three; and when the House meets again, they have to reappoint fresh committees; an opportunity to appoint more affable Chairmen, and also they could even delay the process.   

Both watchdog committees have been exposing massive frauds, wastes and corruption in the current and Yahapalana Governments. Now the process would have to be re-started all over again.   Arbitrary and abrupt prorogations prevent the Opposition from properly scrutinising the Government. Chief Opposition Whip Lakshman Kiriella said, “the President should not have prorogued the Parliament and left the country.”  He added, “… the Parliament meetings should have been increased so to discuss means and ways out of this crisis..”. It was he who guided his team to the banks of Diyawanna, based on a stupid decision by SJB in boycotting three valuable days of the budget debate.   
Returned unused, but the fertiliser consignment from China demands millions of dollars. The issue could have been raised in the House, but now there is no committee to discuss; the Government had evaded it.   

The prorogation has dumped a large number of questions and motions. The country is in a crisis. The Government and main Opposition are split into several wings— disregarding Cabinet’s collective responsibility, and in an unprecedented move Udaya, Vasu, Wimal [UVW] group has sought court intervention against their own Government. The rest of their colleagues haven’t protested, exposing the nakedness of the entire Cabinet.   

Britain 

Prorogation is a British Westminster tradition adopted during World War II when the British Parliament was bombed 39 times by Hitler.   
However, they met in a church nearby, because they wanted to meet so often to thrash out solutions for the disaster. Sharp in tradition and saturated with political prospective, the British Parliament too has a prorogation history that goes back centuries but rarely been used as a tricky tactic.   
However, the most recent one to close Parliament for political gain was by PM Boris Johnson. He planned to prorogate forcing a five-week-long break [the longest in 400-year history] shortening the amount of time for debating Brexit [impending exit from the EU].   

"When the house met violence erupted after supporters of one Prime Minister allegedly flung chairs, books, and chilli powder at the other. Supporters on the opposite side were seen armed with butter knives."

The attempt provoked the pound to fall. The British Supreme Court, interpreting the country’s unwritten constitution ruled that Jonson’s prorogue for five weeks was unlawful.  Delivering the historic Judgment, Lady Hale, president of SC said, “…. This court has … concluded that the PM’s advice to Her Majesty was unlawful, void and of no effect … because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification”   
Report of the COPE which functioned as a Special Committee under the chairmanship of DEW Gunasekera to look into financial irregularities that occurred in issuing of Treasury Bonds by the Central Bank of Sri Lanka from February 2015 to May 2016 was to be presented to the house on Friday the 26th of June 2015.   

2015  

The UNP-led coalition that backed Maithri at the Presidential Election demanded the dissolution of Parliament perhaps to avoid the embarrassment of an adverse report by COPE on the CB Bond scam, especially at the General Election due within a couple of months.   
President Sirisena obliged the PM Wickremesinghe and by virtue of the authority vested in him by Article 70 of the Constitution, dissolved the Parliament with effect from the midnight of 26th of June 2015.   

Three No-Confidence Motions instituted by the UPFA against PM, Ranil Wickremesinghe, Finance Minister Ravi Karunanayake and Law and  Order Minister John Amaratunga were in Order Book. The last was set to be debated on July 7, and the No-Confidence Motion against Wickremesinghe was to be taken up at the end of July.   
Prof. Peiris alleged that the dissolution of Parliament was meant to protect the UNP.   

“They lack the strength to face several no-faith motions moved against them, hence wanted a dissolution.”- [Isld-29/06/15].   
The Opposition cited the COPE investigation on the CB Bond issue as yet another cause for them to resort to such a hurried decision. Prof. G.L. Peiris who warned the UNP in June 2015 that the truth with regard to the Treasury bond issue couldn’t be swept under the carpet by dissolving Parliament, defended President Rajapaksa’s decision to prorogue Parliament a week ago.   

Triggered by a false allegation of a plot to assassinate him, President Sirisena abruptly sacked incumbent PM Ranil Wickremesinghe and replaced him with Mahinda Rajapaksa.   
He then prorogued Parliament on 27th October, delaying its meeting till 16 November. In the bizarre political clash, two Prime Ministers claimed power flinging the country into a major constitutional crisis.   

When the house met violence erupted after supporters of one Prime Minister allegedly flung chairs, books, and chilli powder at the other. Supporters on the opposite side were seen armed with butter knives. Ignoring all calls to reconvene Parliament and having already prorogued, Sirisena and Mahinda Rajapaksa lost the gamble for their Government. 
This compelled the beleaguered man to go further down the unconstitutional feat by issuing a decree on 9th November purporting to dissolve Parliament deepening the political and economic crisis. Ultimately, Sri Lanka’s Supreme Court stepped in halting Sirisena’s order and reversing the process stabilizing the established democratic set-up.   

1991 

In 1991 a shrewd President Premadasa blocked a debate in Parliament, by proroguing it till September 24 to persuade his men to distance themselves from the impeachment move.  He was caught unawares as two senior leaders, Athulathmudali and Dissanayake stabbed him in the back. Premadasa showing remarkable resilience smartly scuttled the attempt. Coming as a bolt from the blue, on 27th August, 23 UNP MPs openly joined hands with the Opposition in asserting that President Premadasa was insane.   
With more than half the member signatures in the document in Speakers hand, rules prevented the dissolution of Parliament by the Executive.   

Later some of the UNP MPs confessed they had signed the notice unsuspectingly. His detractors, losing the battle said the prorogation as “the accused closing the courthouse”. 116 MPs lined up for a group photo before him reaffirming their faith thus ending the impeachment episode.    While governing party “Finger points” at Opposition; the Opposition comes up with a negative approach: no solutions; issue unidentified, struggles to move forward by only focusing on the negatives of government, no alternative programme. Avoiding the blame game requires a paradigm cultural shift.   
 ‘Greed has poisoned men’s souls, has barricaded the world with hate, … The hate of men will pass, and dictators die, and the power they took from the people will return to the people.’ – Charlie Chaplin – The Great Dictator:1940   

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