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Sunday, 12 October 2003  
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"Flexible hours for state employees" - a response

This well intentioned proposal is to improve the state service, and make it more efficient and productive. Theoretically, it seems plausible; but in practical terms, the remedy suggested is worse than the disease, for a number of reasons.

Firstly it presumes, there is in practice a rigid eight hour shift working day presently in the state sector. (In theory it is so.) It is common knowledge that the public servants, do not work eight hours. Already 'flexible hours' are in operation in all public sector institutions. Employees come in and go out, as they wish. Offices do not start on time as expected; when it really starts, after habitual ritual of tea, breakfast and hurried newspaper reading, at least an hour is wasted. The same ritual is repeated at lunch break.

So, in actual fact, substantive work done by a public servant, in general, is only 4 or 5 hours a day and not 8 hours.

This is the situation in most public sector institutions, particularly Ministries, except in the departments like Customs, Ports Authority etc. Banks, work has to be done on the same day.

A lax and liberal atmosphere prevails, where monitoring of staff attendance and disciplinary control of attendance, leave, etc. is virtually absent. Therefore, as it is, there is no disciplinary control in the state sector. Against this backdrop, the proposal to do away with eight hour work day and restrict hours to task-work performance and introduce flexible hours, amounts to legitimising or giving official sanction, to the present haphazard system of work in the state sector. One can imagine, the resultant chaos this will engender.

The details of the 'flexible hour' working system and how it will be implemented, is still not known. State sector services are largely public - oriented services. Flexible hours system, will therefore inconvenience and hamper the public from transacting business with the state sector - they will not know who is dealing with what, and at what time of the day. Besides, other private sector businesses and enterprises, will have to languish and waste time, in getting their documentation approved, cleared etc., by waiting for the 'core time' period, to get their transactions done, with introduction of the 'flexi-time' system.

Further, if the public sector is to adopt the 'flexible hours' system, whilst the bulk of economy managed by the private sector, continues with the conventional 8 hour working day, this, dis-synchronisation, will lead to a chaotic situation.

The rationale for effecting this structural changes is to introduce reforms as the Public administration had remained the same since the departure of the colonial masters. Implied in this argument is that the administration of the colonial masters is the cause for the inefficiency of the public administration.

On the contrary, paradoxically, if the administration had in reality remained the same as that of the colonial masters, we would have had an efficient and effective public administration today.

The fact of the matter is, with the departure of the colonial masters, and its replacement with local masters, the public administration had deteriorated and become inefficient and inept.

The colonial government, was the employer and the public servants were employees. There was an employer employee nexus. Therefore, there was discipline and enforcement of disciplinary control over work and standards of output etc.

With the exit of the colonial masters and attainment of independence, people became sovereign; thus people became the State. Therefore, State became the employer of the public administration. Since the State is an abstraction, there was no identifiable employer.

The employer/employee nexus that prevailed during colonial times, ceased. Thus, today, all are employees and there is no employer, in person, who can maintain discipline, and enforce work norms and standards in the public administration, as under the colonial rule.

It is this impersonal, formless, abstraction called the State, which is the employer, inherent in the nature of the public administration, that makes maintenance and enforcement of discipline and disciplinary control of work and upholding of authority, difficult in public administration, unlike in the private sector, where the owners or their delegated managers are the employers.

It is contended that the proposed flexible hours will be cost effective and the cost of water, electricity, maintenance of departments will come down.

It is not clear how this can be achieved, unless departments work for a fixed restricted time period. But this is not compatible with flexible hours of work, as the word flexible means - variable hours of work and staggered hours of work for different staff for different tasks etc.

P. Somapalan, Dehiwala.

Premature retirement of state employees

There are news reports that the government is considering a scheme whereby the officers in the public sector will be given an option to retire if they so desire.

It was said that the Minister of Public Administration, Management and Reforms is considering new administrative reforms to change the structure of the public service and improve its competence and efficiency.

One of the reforms is voluntary retirement of government employees. It had been reported in the papers that the public service has excess staff.

One of the advantages of the said reforms is that it would ease the burden of top heavy public service when these employees opt for early retirement. Another advantage is that it would enable those 'time killers' who have become rusty, unable to offer a worthwhile service to the public, to say good bye.

They are the black sheep in many government departments.However, one must remember this. These blue eyed boys and the black sheep would demand a golden handshake. But it is better to give the devil its due and get rid of them because all these years, they have been clogs in the wheels of the administrative machinery.The other advantage is that government departments will be able to recruit new candidates. These new recruits are often youngsters who will be able to contribute a lot because they are energetic and dynamic. The public service should be provided with better, efficient people for better and efficient service.

One big disadvantage of the new scheme is that it will pave the way for honest and sincere officers with experience and expertise to leave the service. This category of employees should be safeguarded. The authorities should formulate novel schemes and stipulate rules for specialist officers to stay with incentives, rewards, promotions, overseas training, etc.

Bribery and corruption are rampant in the public service. But at the same time, it must be admitted, there are honest and sincere officers. The voluntary retirement scheme will not only get rid of the undesirables, but will also prove a boon to many who want to leave the service for many reasons.

M. Azhar Dawood, Dehiwala.

Abortion should be a criminal offence

I refer to the letter written by D. Murthy on 'Should abortion be legalized' which appeared in the Sunday Observer of September 28.

From a moral point of view, I think legalising abortion (other than under medical advice), opens the door to social scandal, very often injurious to public reputation, because it involves the termination of pregnancy not authorised in law.

In law, abortion is the expulsion of the contents of the pregnant womb, at any time before the full term of fertility. In medicine, it is the expulsion before the foetus is capable of living, i.e., before the 6th month. Expulsion after that is known as 'miscarriage' or pre-mature labour. Abortion may be spontaneous, therapeutic or criminal. In most countries, abortion is a recognised method of birth control for planned parenthood.

Although abortion is considered by the saner society as an immoral act, most young married women and girls, who had become pregnant, go in search for doctors, or even quacks, to get aborted in the most clandestine manner, by paying prohibitive charges, depending on the circumstances. A pregnant school girl once had paid Rs. 4,000 to get her womb cleared at a private clinic, to save face from her parents who knew nothing about it.

If abortion is legalised, the position would become worse than now, and a girl would not be safe from getting involved in sexual intercourse, with the idea of getting aborted without legal restriction or impediments. This is a serious matter when viewed from our cultural habitat. There are cases when an abortion becomes inevitable, as in the case of rape, or when the pregnant mother is at the rick of her life in giving birth to her child. Pregnant women who suffer from rubella, at the first month of pregnancy, are legally aborted to prevent the birth of deformed children.

Abortion should be as it is now, without legal relaxation, and to be a criminal offence under the law. There are unauthorised clinics in cities where illegal abortions are carried out by doctors, regardless of the dignity of their profession.

Aryadasa Ratnasinghe, Mattegoda.

Prof. Anton Jayasuriya deserves a Nobel Prize

I write this in response to an article entitled "Nobel Prize overlooks alternative medicine" By Ian Jayasinghe in the Sunday Observer of September 21.

Whilst endorsing fully all the sentiments expressed therein, I wish to pose the question why the Nobel Prize medicine committee has been so deaf and blind, shown scant respect and meted out discriminatory treatment to Medicina Alternativa. The recognition is long overdue. when the day comes for its recognition, I am of opinion that one of our noble sons Prof. Anton Jayasuriya is eminently fitted and richly deserves the honour of receiving the coveted and prestigious award.

This type of Cinderella treatment is a mockery and a sham and runs counter to the last will of Alfred Nobel. This is a travesty of justice. The name of Prof. Anton Jayasuriya is synonymous with Medicina Alternativa. his yeoman services to the ailing and the suffering for a considerable number of years are unprecedented and unparalled in Sri Lanka.

What is more, his services have been free-from consultation to the time a patient is fully cured. In this day and age of bribery and corruption, lust and temptation, when politicians line their pockets while enjoying power, prestige and position, the name of Prof. Anton Jayasuriya dazzles like a brilliant star in the horizon of complementary and Alternative Medicine.

"The Professor has treated more than three million patients free of charge," writes Ian Jayasinghe. An outstanding achievement for a place in the Guiness Book of World Records! I wish to state that it was a privilege for me to be one of the three million patients. I was suffering from a chronic headache for a long time. I am happy to say I am fully cured now, through the acupuncture system of medicine, without paying a red cent.

I have attended his clinic, for a year, at International Buddhist Centre Road, Wellawatte where many patients visit from far and near to get treatment from the "Black Angel" as he is popularly referred to by his foreign pupils. There are even local medical students who undergo his training.

The said article states, "many members of the Nobel Prize Committee have themselves been treated successfully for many ailments by his pupils in Sweden over the past quarter century." But it is unfortunate, the same committee has gone into deep slumber to give recognition to Medicina Alternativa.

The professor is not only human but also has humane qualities and deserves the plaudits and encorniums of the general public, more so, the government for his noble, humanitarian services to the suffering sick. What has the powers that be done for him so far while an underworld gangster is inducted with a JP title. Despite blatant discriminations, Prof. Anton Jayasuriya is on a crusade to fight the many diseases of his numerous patients.

May God Bless him.

M. Azhar Dawood, Dehiwala.

Fatal accidents - a solution

I live in Wadduwa. I often witness traffic accidents on the Galle Road which mostly result in tragic deaths.

It is reported that there are about 4-5 fatal traffic accidents taking place every day in Sri Lanka. The majority of victims are the poor and the helpless such as schoolchildren, innocent villagers, pedestrians, passengers waiting for the ever crowded buses and the poverty stricken ordinary people of this country. These vehicles are driven by the undisciplined drivers.

Sri Lanka is a small country. Our roads are narrow. We cannot drive fast. Our drivers never observe speed limits and the police also do not check adequately on errant drivers. The drivers are easily bailed out and, if found guilty of reckless driving, will be subject to several years prison sentence. But for the victims and the family, there is no justice done. If the breadwinner of a family dies, his family has to undergo untold hardships.

The system of "justice" is totally unacceptable. Why should a poor family suffer for life, just because a drunken driver has mowed down their breadwinner? The poor family has no ability to go to courts and ask for compensation. They cannot pay the lawyers' fees.

I think the entire concept of "traffic accidents" should be changed for the protection of the victims, the innocent party. These laws were enacted at a time, when there were hardly any fatal accidents in our country.

The situation has changed now drastically. The vehicles have become killer machines. Hence, the laws should be amended to the effect that if a person who causes an accident death, to pay an adequate sum of, say Rs. 1,000,000 to the victim's family within a month. You must understand that our court cases are delayed. People have no time to waste in courts for ages to get compensation.

In addition to that, the driver concerned should be sentenced to 10 years rigorous imprisonment. This will certainly reduce traffic accidents.

You may say that an ordinary driver will not have Rs. 1.0 million to pay as compensation. Well in that case, do not kill any one with your vehicle. As much as the money is precious to you, the life is precious to the other man. Why not get the insurance to cover this risk? All that is not necessary. Be careful and respect human life. If you cannot follow this simple principle, do not drive.

I appeal to the government to immediately revise the traffic laws of the country to incorporate the above provisions.

Further, the police must re-introduce roadblocks, this time to check on the road accidents and the errant drivers.

Dharmasiri de Silva, Wadduwa.

Consumer Affairs Authority Act of 2003

The Consumer Affairs Authority has informed the general public through the print media that the CAA has been established under Act No. 9 of 2003, and that is in force now.

The objectives of Consumer Affairs Authority have been enumerated stating that the consumers are safeguarded from unsafe goods and services in the market which are hazardous to life and property, protecting consumers from unfair and restrictive trade practices, ensuring Consumer rights, etc. It also further states that the Act provides relief measures to consumers affected by unfair trade practices and exploitation.

The affected consumers have been requested to refer their complaints to the CAA. I presume the Consumer Affairs Authority should in the first instance educate the consumers through the media what items have been listed in the Act referred to above as hazardous to life and property, what the Act means by unfair and restrictive trade practices and what the Act defines as Consumer rights, so that the general public will actually know what their rights are as consumers, and when to make complaints to the Consumer Affairs Authority.

Also, they should be informed whether the Consumer Protection Act No. 1 of 1979 is yet in force, in view of the new Act No. 09 of 2003.

Lionel L. Leanage, Ambalangoda.

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