Speaker Jagath Wickramaratne today (10) delivered his ruling on the matter of privilege raised by Samagi Jana Balawegaya (SJB) MP Dayasiri Jayasekara regarding the appointment of Ranga Dissanayake as the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The Speaker noted that Jayasekara had alleged that the Leader of the House misled the Constitutional Council during the nomination process for the position on 24 October 2024, and sought to refer the matter to the Committee on Parliamentary Privileges for investigation.
Delivering his ruling, the Speaker stated that the Constitutional Council (CC) is not a Committee of Parliament but an independent constitutional body established under Article 41A of the Constitution. It therefore does not fall under the authority of Parliament or its Standing Orders.
He further explained that the provisions of the Parliament (Powers and Privileges) Act relating to misleading Parliament or its Committees do not apply to the acts or deliberations of the Constitutional Council.
“Even if it is alleged that a Member of Parliament made an incorrect or misleading statement before the Constitutional Council, such conduct would not constitute a breach of parliamentary privilege,” the Speaker ruled.
The Speaker also highlighted that Article 41J of the Constitution makes the decisions of the Constitutional Council final and conclusive, with any challenges permitted only through Fundamental Rights applications under Article 126. He noted that three such applications had been filed before the Supreme Court concerning the appointment but were later withdrawn.
Concluding his ruling, the Speaker stated:
“No question of privilege arises in this matter. Therefore, the issue raised by the Hon. Dayasiri Jayasekara, MP, will not be referred to the Committee on Ethics and Privileges.”