The Cabinet of Ministers has approved the publication of a new counter-terrorism Bill in the Government Gazette and its subsequent submission to Parliament, clearing the way to replace the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979.

The decision was taken on the government’s position that a new legal framework is needed to address shortcomings identified in the existing anti-terrorism law.

How the Bill reached Cabinet

A technical expert committee was appointed to prepare a preliminary draft, and the Bill was formulated on the basis of that draft. Cabinet granted in-principle approval to introduce the legislation at its meeting on August 10.

The Bill was then prepared by the Legal Draftsman and has since received clearance from the Attorney General. Cabinet approved the proposal submitted by the Minister of Justice and National Integration, Harshana Nanayakkara, NewsFirst reported.

It has not yet been tabled

Ada Derana and Hiru both carried headlines suggesting the Bill has already gone before Parliament. All four newsrooms’ own accounts describe a two-step sequence: publication in the Government Gazette first, and submission to Parliament for approval after that. On the reporting available, the Bill has not yet been tabled.

The outlets also differ on its title. Daily Mirror, NewsFirst and Hiru render it as the “Protection of the State from Terrorism” Bill, while Ada Derana uses “Protecting the State from Terrorism”. This report uses the form carried by the majority.

Context

The PTA has been in force for nearly 47 years and has been a standing point of contention with Sri Lanka’s international partners. The European Union set out PTA repeal as a condition in its GSP+ recommendations this month, alongside a call for a moratorium on the death penalty.

Nanayakkara said in June that the PTA would be repealed this year, with the replacement law then in final drafting. A TNA motion calling for repeal was brought to Parliament in June.

Cases under the existing Act remain live. PTA charges against the suspect known as Harak Kata were dismissed in July, and former intelligence chief Suresh Sallay’s writ application over his PTA detention is due back in court this month. Neither report addressed what will happen to pending PTA cases once the new law takes effect.

Sources