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RTI law: Secy Gen, not Speaker, gatekeeper of parliament

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…info cannot be withheld on the basis of parliamentary privileges and privacy of MPs

By Shamindra Ferdinando

The releasing of information in response to the Right to Information (RTI) queries was the prerogative of Secretary General of Parliament, Hansa Abeyrathne, Assistant Secretary General, Parliament and Information Officer (IO) said.

The House official said so in response to a recent The Island RTI query pertaining to the landmark Court of Appeal ruling that information sought by journalist Chamara Sampath of Wijeya Newspapers also under RTI law be released two years and three months after the petitioner lodged an appeal with the RTI Commission.

The Court on Feb 28, 2023 reaffirmed the RTI commission’s stand that Declarations of Assets and Liabilities Law of 1975 (DALL) didn’t prevail over the Right to Information Act no. 12 of 2016 (RTI Act). A member of the RTI commission told The Island that the new ruling meant a Fundamental Right in terms of the 19th Amendment to the Constitution, is superior to DALL.

Abeyrathne said that parliament rejected the RTI request made on June 21, 2018 by Chamara Sampath. That decision had been taken by the then IO Tikiri K.Jayathilake, Abeyrathne said in response to our query whether the Speaker decided on that matter. Karu Jayasuriya served as the Speaker at that time. Jayathilake has declined to disclose the requested information on August 21, 2018, exactly two months after Chamara Sampath made the request in terms of RTI law.

The first appeal to then Secretary General Dhammika Dasanayake who functioned as the Designated Officer (DO) pertaining to RTI matters had been made on August 30, 2018 and he had rejected the request on Sept 07, 2018, hence the decision on the part of the journalist to seek the RTI Commission’s intervention on Sept 11, 2018.

On March 23 this year, Kushani Rohanadeera received the appointment as the Secretary General. She also functions as the DO.

Asked whether the then Speaker Jayasuriya decided to take legal action to prevent the disclosure of information sought by the journalist? Abeyrathne said that the then Secretary General Dhammika Dasanayake moved the court in that regard.

The journalist has asked for a list of names of Members of Parliament (MPs) who have handed over their respective declarations of assets and liabilities in 2018 and list of names of MPs who have handed over their Declarations from 2010 to the time he made the request.

There hadn’t been any legal fees as the Attorney General’s Department represented parliament, Abeyrathne said. According to him, since the enactment of Right to Information Act, No. 12 of 2016, the parliament moved court in this regard only once (CA/RTI/0004/2021).

In addition to Abeyrathne, Chaminda Kularatne, Chief of Staff and Deputy Secretary General of Parliament also functions as the IO.The court found fault with the Secretary General of Parliament for holding back information that should have been released without hassle.

The bone of contention according to the court ruling has been whether the requested information should be sought from the Speaker in terms of DALL or the IO and then appealed to the DO.

According to the RTI Commission, the DO as claimed by Chamara Sampath has declined to disclose information even after the Speaker asked him to do so. The Attorney General has declined to advise parliament whether the Speaker could release information due to a related matter being pending at the Court of Appeal.

Finally, the Court of Appeal upheld the RTI Commission’s assertion that the requested information should be released regardless of DO’s stand that the Speaker and the Secretary General were separate and distinct positions in parliament.



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Merchant Shipping Secretariat probes bribery scandal

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Cement carrier Sensho

… bribe giver departs Colombo port

The Merchant Shipping Secretariat (MSS) is investigating a complaint received from the Captain of an Indonesian flagged vessel Sensho that he had to pay an official USD 5,000 bribe to facilitate what our sources called port state control inspection.

Sources said that the cement carrier arrived at the Colombo Port, on Friday, and departed after having passed the rigorous inspection. Responding to queries, sources said that after paying the bribe, the vessel’s Captain has lodged complaints with MSS and the Commission to Investigate Allegation of Bribery or Corruption (CIABOC).

In spite of the government’s high profile anti-corruption drive there seemed to be fresh cases, sources said, adding that MSS had received a comprehensive complaint. The vessel had departed Colombo for Jeddah, sources said.

“The issue at hand is whether there have been unreported cases of MSS personnel receiving bribes,” sources said, acknowledging that the Captain, instead of immediately bringing the demand for USD 5,000 bribe to the MSS, had paid it and departed Colombo. (SF)

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Theft of USD 2.5 mn: Dinana Dakuna claims COPF trying to protect mastermind

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An opposition political group, styled as Dinana Dakuna, has accused the Committee of Public Finance (COPF) of protecting the masterminds behind the USD 2.5 mn theft from the Treasury.

Commenting on the recent COPF report on the theft, the group has alleged that the all-party parliamentary grouping made an attempt to shift the blame to the Central Bank as part of a cover-up. It has described the COPF report as a deliberate attempt to suppress the truth.

The group said that the COPF conveniently asserted that the theft took place due to the inexperience of officers concerned, thereby diverting the attention from those who perpetrated it.

An alleged attempt to portray the collapse of the administrative set-up that led to the USD 2.5 mn theft as a human resource problem, has also been questioned by Dinana Dakuna.

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COPF chief slams security sticker scam

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Harsha

The country was losing so much revenue due to the controversial liquor bottle security sticker scam that if tangible measures were taken to stop the fraud, they could fund about eight projects on the scale of the Suwaseriya ambulance service, Chairman of the Committee on Public Finance (COPF) and Colombo District MP Dr. Harsha de Silva said on Saturday.

Addressing the media in Colombo, Dr. de Silva described the security sticker, introduced for alcoholic beverages, as a “major scam” and called on the government to act responsibly when the current tender is renewed in 2027.

The former State Minister said the security sticker system had originally been introduced with the legitimate objective of improving tax compliance and preventing excise duty evasion in the liquor industry. However, he alleged that the manner in which the programme is currently being implemented was resulting in significant losses to the State.

According to Dr. de Silva, the government pays an Indian company US$8 for the digital printing of every 1,000 security stickers, although the actual cost of printing the same quantity is only about 12 US cents.

“The money being lost through this scheme is sufficient to finance around eight Suwaseriya-type projects,” he said, highlighting, what he described as, the excessive cost burden borne by the State.

Dr. de Silva noted that the high taxes imposed on alcoholic beverages had created incentives for manufacturers, distributors and liquor outlet owners to evade taxes, making a security sticker mechanism a necessary regulatory tool.

He said the proposal to introduce security stickers was first put forward during the Yahapalana administration in 2016.

The tender process commenced in 2017, was concluded in 2018 and the system was eventually implemented in 2023. The COPF Chairman said his Committee had recently undertaken an extensive review of excise revenue and the operation of the security sticker programme.

During the inquiry, it emerged that the Excise Department still lacked a computerised system capable of recording and managing data, related to the stickers, despite their importance to government revenue collection.

Dr. de Silva further said that Excise Department officials, who appeared before the Committee on Public Finance, had maintained that no fraud was taking place in relation to the sticker programme.

However, he expressed concern over the subsequent seizure of a stock of security stickers, in Malabe, only days after those assurances had been given.

He questioned whether stickers recovered during raids were genuine labels, legally obtained from the authorised supplier, or counterfeit versions, printed illegally, arguing that either possibility pointed to serious shortcomings in a system intended to guarantee security and traceability.

Dr. de Silva also referred to media reports concerning the company awarded the security sticker tender and allegations of fraudulent activities linked to the firm in several other countries.

He urged authorities to ensure greater transparency and accountability in the management of the programme and to carefully scrutinise the tender process when it comes up for renewal next year.

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