Be judicious before branding crooks - COPE chief

Ready to crack the whip:

With the appointment of a Minister as the new Chairman of the Committee on Public Enterprises (COPE), some parties are now speculating whether the COPE would be able to act with the same ‘vigour’ in bringing those who misused billions of public funds to the limelight or is it just an attempt by the government to sweep corruption under the carpet.

The Transparency International of Sri Lanka (TISL), which urged the Ministers who are now appointed to head the COPE and the Public Accounts Committee, to resign from the posts of Chairmen allowing members of the Opposition to hold the posts, accused the government for violating the democratic parliamentary norms.

The TISL also claimed that this move was to weaken the legislature and continue with the irregular financial expenditure of the executive.

In an interview with the ‘Sunday Observer’, the new COPE Chairman and Minister of Power and Energy, W. D. J. Seneviratne said that the issue was not raised earlier when other Ministers were holding the COPE Chairmanship but it is now propped up as the interested parties were politically motivated.

“It shows that the Transparency International of Sri Lanka is raising this matter after giving a hearing to certain political cries. There are certain politicians who thought this post should be given to the Opposition”, he said.

Excerpts:

Q: As the new Chairman of the COPE what are the challenges that you have identified in your new post which empowered you to combat corruption in State institutions?

A: The responsibility of the COPE is to see whether the public funds handled by the public enterprises are managed properly. It is well known that in certain instances the public funds are being misused and certain institutions have become riddled with corruption.

I think COPE will have to study these instances and decide as to whether any corrupt act has been committed or whether there has been any negligence on the part of the management of these public enterprises in utilising the public funds. If the COPE is convinced that there are such instances, then it has to report them to the Parliament.

So, I believe in the past, this task had been fulfilled. Some times, there had been instances exceeding their authority. And there have been some instances where necessary action had not been taken in areas where the funds had been misused.

Therefore, I believe, as the Chairman of the COPE, we have to ensure that the public funds are properly used by the public enterprises.

I hope the COPE will extend their fullest cooperation to me. I have already met the members and we have discussed as to how we would be managing the COPE.

My challenge is to see that the COPE is not to gain political mileage by any party or member or any representative of the COPE. More than the political mileage what is necessary now is to see that the genuine work is done.

My challenge as the Chairman is to see whether all the members will cooperate and all members perform within the framework of the COPE objectives.

Q: The previous COPE reports have already revealed corruption in over 40 State institutions. How do you plan to move forward with those findings?

A: Well, of course there had been some good findings by the COPE. And some genuine efforts had been made by the COPE in the past in order to ascertain the misuse of public money and misdeeds committed in the public enterprises. I think that has to be appreciated.

There were allegations of excesses also. There had been instances where the COPE had overstepped its boundaries. The COPE does not have that right for a very comprehensive investigation of any matter. It does not have the necessary machinery, for that; Nor does it have the time as well.

The COPE can find out prima facie in any corrupt or illegal act that has been committed. It also can see instances of any negligence or recklessness in handling the public funds. So with regard to those matters, the COPE can really find out whether there is a Prima facia case.

But it does not mean that those people who have been found to be involved in such matters, are real culprits. The COPE can report these cases to the relevant authorities such as the Attorney General’s Department, the Police, CID or the specially appointed committees by the respective Ministries for future investigation.

When there is a prima facia case and the investigations are pending, there were instances where some people were labelled as those who have committed acts of corruption. So, I see them as instances of over-stepping the boundaries of the COPE.

Therefore, we have to be very careful in finding out whether a person or a group of officials is guilty or not of any act of corruption. But once they are found to be guilty or responsible, by the relevant authority then we can come to a conclusion that such a person is guilty of that particular offence.

Everybody has a right to defend himself. Till then we should not brand them as rogues. I think that much of justice must prevail there.

Q: Are you going to have a fresh start?

A: No. Not with regard to most of those cases where the decisions have already been made. Because by harping on them, I do not think we will gain anything. Any way when the matters come before the present Committee and before me, as Chairman, I will hold the scale evenly not with the idea of branding anyone as a rogue until his guilt is proved.

If it is necessary to continue the investigations I will definitely do so, but I do not think they are necessary in cases where the investigations, have been completed. Most of these cases have now been directed to the Commission of Bribery and Corruption or to the CID or to the AGs Department for further investigations.

Therefore, I do not see any reason why we should re-open those cases. Those institutions which are legally empowered will continue with their investigations.

So I am not going to have a fresh start for each and every case but will commence new investigations where it is necessary.

Q: It is generally accepted that no country can minimise corruption until the government stop entertaining corrupt politicians. How clean is this government from this allegation and how confident are you that there are no such politicians under Mahinda Rajapaksa government?

A: Well, I should say Mahinda Rajapaksa government does not condone corruption, irrespective of whether one is a politician or a public officer, the government is committed to root out this menace.

I should say there had been instances where the people have been taken for granted. But we will not show any mercy towards those people. If there are such allegations levelled against politicians, such cases can be referred to the proper authorities, like the Commission of Bribery and Corruption for further investigation.

Yes, the Mahinda Rajapaksa government can ensure a clean administration with regard to those institutions. Whether a politician or a public official no one is allowed to indulge in any act of corruption. It is the responsibility of the COPE and we will ensure that it is enforced.

Q: The former COPE Chairman accused the government for covering up the findings of the report which exposed the corruption on the part of some senior politicians who crossed over to the government side and holding ministerial portfolios. How are you going to deal with these allegations?

A: No, I should say that as just they have been found to be guilty by the COPE or some institutes it does not mean that they have been found guilty for any allegation. As I said earlier they must be subjected to a comprehensive investigation, conducted by some authorities which are different to the COPE.

Until the investigations reveal the guest, no person will be held responsible for any misdeed. COPE can not make anybody guilty of if any misdeed and it can only ascertain the facts to report to the Speaker. Then the Speaker will refer them to the relevant authorities for further investigations.

Q: If they are found guilty, will there be any soft corner for them under your chairmanship?

A: No. If there are any references to those people by the Courts I will definitely get the speaker to refer them to the proper authorities to investigate.

Q: The government held that most of those misdeeds exposed by the COPE took place during the UNP regime. If so why does not the government take action to punish those politicians and public officers who misused billions of people’s property?

A: It is a question of proof. That is why I have repeatedly maintained that, the politicians or public officers against whom allegations are levelled must be found guilty by a competent authority.

The COPE cannot itself find a person guilty or punish him. COPE can only find whether there is a prima facia case against corruption in respect of that person or the organisation. Then it has to be further investigated by a duly appointed authority, because the COPE is not vested with any power to penalise any body.

Q: The former COPE Chairman said he was not allowed to enter certain government institutions like Lankaputhra Bank and Mihin Air. Will you be free to do your duty without any such restrictions?

A: Well. There are certain institutions which are not covered under the purview of the COPE. There are some institutions that do not come under this Committee but still they volunteered to be examined by the COPE. We have not yet studied what institutions should be examined by the COPE. So I think whatever the institution, it is better to subject them for investigations by the COPE.

Q: From the start at the Auditor General’s department to COPE to Commission of Bribery and Corruption to Courts, it will take a long period of nearly 10 years to bring the culprits to the book. Do you have plans to introduce a new system where the legislature can punish the culprits?

A: Yes, I think it is a matter that should be looked into. If we are really interested in containing corruption we have to find some expeditious way rather than waiting for such a long time. So I think we have to consider it soon.

Q: At the same time are you going to propose to give more legal teeth to the Commission of Bribery and Corruption to enforce COPE findings in the court of law?

A: That is a matter which is beyond my reach. It should be considered by the government and not by me.

Q: Why do you think that the government should appoint Ministers to Head these Committees ?

A: Earlier highly respected politicians like the late Bernard Soyza held the post of Chairman of the PAC.

But I do not think that people with same calibre are available now. The government has decided to stop some politicians gaining political mileage by tarnishing the image of the government, its people and humiliating individuals. They want to prop up their own image and stature and the party as well.

These things have become the order of the day. So, we should do away with this system and stop humiliating any body by taking undue advantages of the privileges that we are enjoying ourselves as members of the COPE.

Q: The TISL issuing a statement has said that appointing Ministers to head the COPE and PAC was a violation of norms of the democratic parliamentary traditions. What do you have to say in this regard?

A: There were instances where the Ministers had sat as Chairman of the COPE. Minister Rohitha Bogollagama was also the Chairman of the COPE. And prior to him, the late Minister D. P. Wickramasinghe was the Chairman. But these issues were not raised at that time.

The TISL is raising this after giving an ear to certain political cries. There are certain politicians who thought this post should be given to the Opposition. It is not that only the Opposition members should hold it. There were instances as I said earlier, the government people too held this post.

I think that by judging from certain references made in respect of the cases which came before the COPE and certain activities of its members and their views uttered in public, the government must have thought that they must seal themselves against cheap political gains by certain political parties.

They are trying to gain certain political mileage by levelling various accusations to various people who are aligned with the government. Take the case of certain Opposition MPs who had crossed over to the government as an example!

Their names were mentioned in the COPE as those who had connection with certain corrupt activities. But, these issues were hanging for a number of years prior to this government came into power. Nobody talked about it.

And also, I must say that these things happened during the time of the UNP government. And the UNP at that time was silent and they never tried to pinpoint them. After they crossed over, the first thing they raised was that these politicians were involved in certain transactions which are dubious.

So it shows that their aim is not to highlight corrupt activities and eradicate them but to see that political advantage is gained by tarnishing the image of these people, who had crossed over to the government benches.

So I think that motive should not be there. Anybody who is sitting in the COPE should make it a point to ascertain the true facts where it is alleged that the public funds have been misused.

Q: They also charged that these two appointments were a move to weaken the legislature and irregular financial expenditure of the executive would continue unabatedly. Is this an attempt to cover up certain allegations made on corruption?

A: No. Not necessarily. If there are allegations against CEB, I do not preside the committee and will appoint somebody else to do the job. At times the CEB matters too are taken up by the COPE. I do not want to create a prejudice that I am “covering up” and so I will not preside the sessions where the CEB matters are taken up.

Likewise, the intention of the government by appointing the Ministers to head these committees is not to have a cover up but to stop interested parties gaining undue political mileage.

Q: The TISL has urged you to resign from the post permitting transparency? What have you got to say?

A: This is the responsibility entrusted to me by the members of the COPE unanimously. Even the Opposition members agreed to my appointment. MP, Lakshman Kiriella made a remark that they approve the appointment because, I am a lawyer with a balanced mind. They openly said they have no objection to my appointment.

Therefore, let’s see whether I can maintain the confidence placed in me. Until then I am going to hold the post.

Q: Being Minister of Power and Energy still you were unable to over come the financial crisis of the CEB which is run at a massive loss due to malpractices. So how confident are you that you can take action against corruption over 40 public institutions ?

A: The CEB incurred losses mainly due to the reasons which I have already explained to you. Not only the CEB, but all the institutions which are running on thermal power worldwide, are running at a loss due to price hikes in diesel.Yes, there are over 40 institutions that have been mentioned in the COPE report in connection with corrupt activities.

They have been referred to the institutions concerned for necessary action. And some investigations are going on. So I will do my best to bring down the rate of corruption not only in the institutions within my purview, especially CEB but also in other ministries, as the Chairman of the COPE.

Who is Welathanthrige Don John Seneviratne

A school boy, he used to creep through the fence of the Thakshila Maha Vidyalaya, Horana, ‘cutting’ classes, on the days whenever interesting cases were taken up in the Magistrate’s Court, Horana. Gradually he was attracted to the heated arguments at the court house and was determined to wear a black cloak and to hold the scale evenly for the voiceless one day. Later, he gave up his childhood ambition - to become a cop.

Having finished his primary education at the Panawanna Primary school, he pursued his secondary education at the Pelmadulla Central College. Starting his career as an English teacher at the Bopitiya Vidyapitiya Vidyalaya, Pelmadulla, the young teacher got through the Law Entrance examination when he was teaching English at the Wellampitiya Vidyawardena school.

Later being a well-known lawyer in Ratnapura, he entered full time politics through the SLFP Youth League. “When I was studying at Horana Thakshila Maha Vidyalaya I canvassed for the Horana MP Ratnasiri Wickramanayake”, Seneviratne says.

Politics is not a new platform for him. His father, a born UNPer, was the Vice Chairman of the Village Council. “But by the time I came into politics he was converted an SLFPer by the influence of the late S. W. R. D. Bandaranaike”, he says.

Having refined his skills and knowledge in politics in the company of the late politicians like, Nanda Ellawela, the young politician became the organiser of Pelmadulla electorate in 1978, and then the organiser for Niwithigala electorate in 1980. He entered Parliament in 1989.

Proud of the fact that he won all the elections since 1989 Minister Seneviratne says that his mission in political life is to become a ‘Voice for the Voiceless’.

“I became an SLFPer as I thought that it was the only party that could secure the rights of the poor people who are deprived of many rights and forced to tolerate the injustices as they are ‘voiceless’. And still I believe that the SLFP is the only political party for poor people in the villages”, Minister Seneviratne says.

With no specific aim in politics Minister Seneviratne admits that he is happy in whatever the portfolio given as his intention is to ‘do as much as he can in the assigned post’. Now he is satisfied with the work he has done to ‘light’ the country and kicking off the country’s first ever coal power project in Norochcholai.

This seasoned Politician with a tough stance, who is mandated to look after the country’s power and energy too grieves. That is for the untimely death of his parents. “The days I lost my father and then years after my mother were the saddest day in my life!.

They did not live to see my successes”, being the only child in the family, he still mourns.

No faith in ‘forcing’ one of his children into politics, Minister Seneviratne says still there is no good sign from his children - Harshani, Senaka and Mahesha to enter politics.

“I am not a man who is interested in building ‘family trees’ in politics”, says the Minister who prefers to go on family trips whenever he finds time which he rarely does!