If you want to search for bad precedents, both
from your own parliament and even outside, as our suave and able
foreign minister did not so very long ago to justify (in a
sense) the rambunctious events in Sri Lanka’s incumbent
legislature, the researcher’s task will not be difficult. The
issue is not "what you did, I can do better," but how to improve
ourselves leaving unsavory events of the past behind and ensure
that standards are improved rather than further debased. That,
clearly, is not what our parliamentarians intend doing judging
by what the chief government whip, Jeyaraj Fernandopulle,
declared in the House last week. He said the government plans
not to answer questions from UNP MP T. Maheswaran "until he
improves his conduct and abides by the standing orders of
parliament."
It is for the Speaker and not anybody else in
parliament to ensure that standing orders are not violated.
Nevertheless, Fernandopulle remembered that former Foreign
Minister Ranjan Wijeratne had refused to answer their questions
in the 1989-90 period. It was very much in character for
Wijeratne, a feisty, straightforward, no-nonsense personality
who had done this country proud as the political boss of the
armed services and police at a time Sri Lanka was on the brink
of anarchy to adopt that kind of hard line if he deemed fit.
That was a time when the JVP’s second insurrection was raging in
the south while the LTTE was doing its thing in the north. We
don’t know what questions Wijeratne refused to answer although
we do know that Fernandopulle is dead right that this was
exactly what happened. Be that as it may, the current tack will
not be good for our parliament or the country. It is an open
question whether Speaker Lokubandara, also targeted by the
government, will be able to do what he should in these
circumstances given the current line-up and the way events are
unfolding.
Standing Orders clearly stipulate norms of
conduct and it is not permitted for MPs to criticize the conduct
of certain protected persons including the president and judges.
In fact, it is not possible for an MP to even question the
conduct of a fellow-member without a substantive motion. These
are all useful protective devices to ensure that larger
interests are protected from the hurly burly of everyday
politics or even the personal peccadilloes or enmities of
individual MPs. They have been tried and tested not only in our
own parliament but also elsewhere including, most notably, in
the Mother of Parliaments that has given legislatures of former
British colonies and others many fine traditions to follow. So
if Mr. Maheswaran chooses to attack the president violating
standing orders, it is for the Speaker to act as he has. He must
try to stop him and if he persists, expunge anything offensive
from the parliamentary record as, we believe, Lokubandara has
done. There is also the other remedy of "naming" the offender or
as it is quaintly termed, "suspending the honourable member (who
is named) from the services of the House" for a specified period
of time.
Members of the Bandaranaike family per se
cannot be similarly protected from attacks in parliament unless
they in their own right, like the president or Mr. Anura
Bandaranaike who is a sitting MP, qualify for such protection.
So whether it is Maheswaran or Raviraj, they can have their say,
however distasteful it may be, without breaking the rules.
Others can respond as Mr. Anura Bandaranaike did last week to
the diatribe under reference which was labelled by Bandaranaike
as, among others, "palpably false, venomous, mischievous etc."
Whether the Fernandopulle strategy of not answering Maheswaran’s
questions will stand remains to be seen. He’s asked for three
months to answer the last lot and, as has been done on other
occasions, can continue to ask for more time and can adopt this
procedure ad infinitum. Maheswaran too can resort to the device
of getting somebody else who has not been blackballed to ask his
questions. There are many ways of skinning a cat, as they say.
Mercifully we haven’t seen the rowdyism
including what a columnist in this newspaper famously called
"ball tampering" in the House after that tempestuous early days
of the Speaker’s election. But we are seeing protests in the
well of the House with the TNA being the latest to choose that
particular venue for their demonstrations. We do live in
tempestuous times and parliament will always be a crucible where
stirring events outside will be reflected. While debates must
not be without parry and thrust and MPs must use the
parliamentary forum to effectively expose corruption and
wrongdoing, ensuring good governance in the country that we have
long sadly lacked, they must do their thing within the bounds of
the rules and the norms of proper conduct. Riding roughshod over
opposition and the capricious use of power is not among means
that are permissible.