Opposition threatens to move no-faith motion against Speaker over OSB

By Saman Indrajith

Opposition and SJB leader Sajith Premnadasa told Parliament yesterday that the Online Safety Bill had been passed in violation of the law and unless remedial action was taken, a no-faith motion would be brought against Speaker Mahinda Yapa Abeywardena.

Premadasa said that Article 123(4) of the Constitution says, “Where any Bill, or the provision of any Bill, has been determined, or is deemed to have been determined, to be inconsistent with the Constitution, such Bill or such provision shall not be passed except in the manner stated in the determination of the Supreme Court.”

Premadasa said: “It is illegal to pass a Bill without adhering to this constitutional provision. There were nine instances where the government overlooked the Supreme Court determination on the Bill. The Speaker allowed that to happen despite our protests. The Justice Minister, too, has admitted that there are flaws in the Act. How could that happen? Rectify them immediately, or we will bring a no-confidence motion against the Speaker.”

Justice Minister Dr. Wijeyadasa Rajapakshe said that even if the Supreme Court determined that a section or clause of a draft Bill was inconsistent with the Constitution, a Bill could be passed by Parliament. It could be done with either a two-thirds majority or two-thirds majority plus people’s approval from a referendum. A case cannot be filed against the way the Speaker or an MP behaved in this House as they have immunity. Former Speaker Anura Bandaranaike, too, has given a ruling on this issue and we still consider it as a precedent to be upheld. With regard to the Online Safety Bill, the Attorney General has instructed Public Security Minister Tiran Alles to incorporate some amendments as per the Supreme Court determination and to bring other recommended amendments in the form of a separate Amendment Bill. I was not a party to that discussion. This Amendment Bill was presented to the Cabinet and approval was granted and now is at the Legal Draftsman’s Department. Thereafter, it would be referred to the Cabinet again and with that approval we can have it here in this House for consideration,” the Minister said.