CoI Amendment Bill Passed with retrospective effect

Published : 12:54 am  January 23, 2019 | No comments so far |  | 


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By Yohan Perera and Ajith Siriwardana   

Commissions of Inquiry (Amendment) Bill which will have a retrospective effect under which legal action could be taken against those who have found guilty of frauds by various commissions in the past was unanimously passed with Amendments in Parliament yesterday. 


Minister of Justice and Prison Inquiries Talatha Athukorala who responded to the questions raised by the Opposition in the House said the legislation would have a retrospective effect under which courts cases could be filed against those who have been guilty of frauds by the commissions in the past.   

“The Legislation will have a retrospective effect so that action could be taken against those who are found guilty of various charges by various commissions appointed in the past. Many are still harping on the bond commission report. Action could be taken against any one in our government if found guilty by the Bond Commission as well. We are not afraid of it ,” the Minister said.   

“Even the President had made some comments in the past on the delay in enacting this legislation but we have presented it before the House today,” she added.  “It would have been presented to Parliament two months ago if the October 26 conspiracy did not take place,” she also said.  

Minister said the Commissions of Inquiry (Amendment) Bill will provide provisions for the Bribery Commission to use evidence given before another commission of inquiry including presidential commissions for court cases. She said it will also give the Bribery Commission the power to file legal action against anyone found guilty of inquiries it carries out. 

However, this regulation is exempted for offences under penal code and offences committed under assets and liability law as well.  However, it was mentioned that the Attorney General will be vested with power to file legal action against anyone who is found guilty under these laws.