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Maximum penalty for breach of privilege, announced

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Speaker Mahinda Yapa Abeywardana announced to the House today (09) that where a charge-sheet issued by the Committee on Ethics and Privileges of Parliament against a Member of Parliament contains more than one charge for two or more separate offences, and the said Member of Parliament is found guilty of more than one of the charges set out in the charge-sheet, the opinion of the Attorney General was sought regarding the maximum punishment that can be imposed in terms of Section 28 of the Parliament (Powers and Privileges) Act No. 21 of 1953 which was amended time to time.

Accordingly, the Attorney General has elucidated his opinion in that regard  to the effect that it is punishable as per the provisions of Sections 5 and 16(1) of the Code of Criminal Procedure Act No. 15 of 1979 subject to Article 66 (e) of the Constitution in consideration of the Articles 66 (e) and 67  of the Constitution, Sections 22 (3), 27 (1) and 32 of the Parliament (Powers and Privileges) Act No. 21 of 1953 which was amended time to time and Standing Orders 77 (1), 77 (2) and 77 (3) of the Parliament and Sections 5 and 16 (1) of the Code of Criminal Procedure Act No. 15 of 1979.

Accordingly, it observed that the service of Parliament of a Member of Parliament can be suspended for a period exceeding one month under section 28 of the Parliament (Powers and Privileges) Act subject to a maximum of three months under Article 66 (e) of the Constitution where a member has been convicted of two or more separate offences in the charge-sheet for a single incident, the Speaker said.

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