Former Chairperson of the Committee on Public Enterprises (COPE), Dr. Charitha Herath, has raised strong objections to a proposal to expand the Committee’s powers, warning that it could upset the country’s constitutional balance and undermine public administration.

In a statement issued yesterday, Dr. Herath said he was “seriously concerned” about the motion presented to Parliament under Standing Order 137 by current COPE Chairman Dr. Nishantha Samaraweera (NPP) seeking to amend Standing Order 120. The proposed amendment would allow COPE to refer its findings directly to the Criminal Investigation Department (CID), the Inspector General of Police (IGP), or the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Full text of the statement: “As the former Chairperson of the Committee on Public Enterprises (COPE), I wish to express my serious concern about the recent proposal submitted to Parliament under Standing Order 137 by the current COPE Chair, Dr. Nishantha Samaraweera (MP – NPP), to amend Standing Order 120.

“This proposal seeks to empower COPE to refer its findings and reports directly to investigative bodies such as the Criminal Investigation Department (CID), the Inspector General of Police (IGP), and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

“I believe that this initiative risks undermining the delicate constitutional balance of powers between the Executive, the Judiciary, and the Legislature. Sri Lanka operates on a dual-ballot system in which the people grant governing authority to the President and Cabinet through a separate mandate. Parliamentary oversight committees, including COPE, were established as watchdog bodies — not as quasi-executive agencies — and must remain within that role.

“I am also deeply concerned about the competence and impartiality of such referrals. Members of parliamentary committees are often politically appointed and may not possess the technical expertise in public finance or administration necessary to make judgments of this nature. Without proper safeguards, this could open the door to politically motivated or legally ungrounded decisions.

“Furthermore, Secretaries of Ministries are appointed under constitutional authority and governed by established codes of conduct. Extending COPE’s powers to include direct referrals would erode this legal foundation, intimidate public servants, and risk creating confusion or paralysis in the state mechanism.

“If Parliament nonetheless proceeds with these amendments, I strongly urge the establishment of an intermediate review mechanism — such as an independent panel of legal and administrative experts — to vet COPE’s findings before any files are sent to law-enforcement agencies. Even the mere announcement that a file is being sent to the IGP or CIABOC can damage reputations and compromise the safety of public officers.

“Oversight is vital to democracy, but it must not become overreach. Any reform of COPE should strengthen its watchdog function without undermining constitutional principles or destabilising the administrative system.”