The Tamil National Alliance (TNA) has condemned the President’s implementation of the state of emergency at a time when new laws need to be drafted to deal with future epidemics.
President Gotabhaya Rajapaksa has issued emergency regulations on the provision of essential food items using the powers of the Public Security Ordinance with effect from midnight on August 30.
President’s Counsel and Member of Parliament Mr. Sumanthiran points out that the Public Security Ordinance should be implemented at a time when there is an issue regarding the security of the country.
“This can only be done under the Public Security Act if there is a challenge to the security of the country.” He also points out that the President has the power to formulate and implement other laws when the Public Security Ordinance comes into force.
The President has strongly criticized for implementing the Public Security Ordinance without passing the bill he had tabled in Parliament calling for a new common law for health care.
A private member’s motion
In October 2020, TNA MP MA Sumanthiran presented a draft Public Health Emergency Bill to deal with the 19 worldwide outbreaks of Covid and to fight legally against future epidemics in the country.
The draft was sent to the Secretary – General of Parliament, requesting that it be gazetted as a private member’s resolution, amid complaints that the Sri Lankan Army was acting inhumanely in the face of the second corona wave of legislation under British rule.
It has been introduced as an Act that can be used to declare a state of public health protection, to take special measures for public health and to deal with matters relating thereto.
The bill would allow a two-thirds majority in parliament to declare a public health emergency and appoint a special emergency panel. The Health Emergency Panel includes the President, the Prime Minister and the Leader of the Opposition, as well as Ministers including Health, Social Welfare and Defense, as well as the Director General of Health Services.
In addition, the Speaker shall, after consulting the Leader of the Opposition, appoint five Members of the Opposition. The Minister of Social Welfare should take steps to provide free or nominal relief to those who become helpless during the period of emergency operation.
Provisions have also been made to limit public meetings, religious observances, non-essential occupations and public places to no more than 14 days as per the instructions of the Director General of Health Services in the event of a public health emergency.
Emergency regulations
The Presidential Regulations relating to the provision of essential food items, in accordance with the provisions of Section III of the Public Security Ordinance, enforcing the provisions of Part II of that Ordinance, will come into effect from midnight on the 30th of August.
Buy stocks of essential food items including rice, sugar at reasonable prices to prevent market irregularities which are causing inconvenience to the consumers by charging high prices and concealing stocks of essential food items including rice and sugar at reasonable prices. The Presidential Media Unit has stated that this will be implemented so that the officials authorized to give and to buy stocks from the state banks will be able to recover the loans given to the borrowers.
Maj. Gen. M.S. D.S. P. Mr. Nivunhella has been appointed as the Commissioner General of Essential Services