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COLOMBO (News 1st); Speaker of Parliament Dr. Jagath Wickramaratne has ruled that no breach of parliamentary privilege has arisen from the allegation made by MP Dayasiri Jayasekara against the Leader of the House regarding the nomination process for the Director-General of the Commission to Investigate Allegations of Bribery or Corruption.
Delivering his ruling in Parliament, the Speaker stated that the Constitutional Council is not a committee of Parliament, but an independent constitutional body established under Article 41A of the Constitution. Therefore, its proceedings do not fall under the Parliament (Powers and Privileges) Act.
“Any proceedings or decisions of the Constitutional Council cannot be regarded as proceedings of Parliament or of a Committee of Parliament,” the Speaker clarified.
He further noted that Section 4 of Schedule A of the Act, which deals with misleading Parliament or its committees, does not apply to the Constitutional Council.
Even if a Member of Parliament made an incorrect statement before the Council, it would not constitute a breach of privilege.
The Speaker also highlighted that Article 41A makes the Council’s decisions final and conclusive, subject only to fundamental rights applications before the Supreme Court. He observed that three such petitions had been filed and later withdrawn, reinforcing that the proper constitutional remedy lies with the judiciary, not Parliament.
Concluding his ruling, the Speaker said:
“The allegations do not disclose any matter of breach of parliamentary privilege. Therefore, the issue will not be referred to the Committee on Ethics and Privileges.”