Appropriation Bill unconstitutional - Eran

by Zacki Jabbar

The second reading of the Appropriation Bill, which was passed by Parliament on Saturday, was unconstitutional, the UNP said yesterday.

National List UNP MP Eran Wickremeratne told The Island that Clauses 2(1)b and 7 (b), which dealt with Public Finance, had been deemed unconstitutional by the Supreme Court and it was the duty of the government to explain to MPs on what basis they had been called upon to vote for the Budget.

The claim that amendments would be made at the Committee Stage was not tenable, since the Appropriation Bill was not just any other piece of legislation as it dealt with the country’s finances for one whole year, Wickremeratne said.

Wickremeratne said the first clause, that violated the Constitution, dealt with the ability of the Finance Minister who was also the Executive President to withdraw and move monies voted from one Ministry to another.

The second clause referred to approval of limits of borrowing by the Finance Minister, without specifying the sources of debt, repayment period and parliamentary supervision, he said.

The MP said that article 76(1) of the Constitution stated that Parliament shall not abdicate its supervisory role over the country’s finances.

"When I raised the question as to how I can be called upon to vote for the Appropriation Bill, of which two clauses had been deemed by the Supreme Court to violate the Constitution, the leader of the House said that amendments would be made at the Committee Stage. But, this is not just any other Bill as it dealt with the future of the country. Therefore, it was the duty of the government to have explained before hand, as to the basis on which the legislature was being asked to vote on a matter of crucial importance," Wickremeratne noted.

The MP said that the UNP did not agree with the Speaker’s ruling on the Appropriation Bill, but nevertherless abided by it, he said.