The Hon. Harshana Nanayakkara, Attorney-at-Law - Minister of Justice and National Integration

¶ 01 Hon. Chairman, I will speak for 15 minutes now and reserve the balance.

¶ 02 First, I thank Hon. Mano Ganesan for recalling our bond. National integration, reconciliation, peace among communities, and dignified living for all is my vision and was my late father’s dream as well. In law-making, we do not see the Opposition as enemies but as partners in progress.

¶ 03 Our Government’s historic Budget 2025 underpins a “Prosperous Country — Beautiful Life,” where rule of law, equal access to justice, equality, and eradication of fraud and corruption are indispensable. Despite economic challenges, Rs. 24 billion has been allocated under this Head. Functions have been rationalized scientifically across Ministries, and 24 key departments and institutions — a significant share — are under this Ministry. After taking office, I met all 24 institutions. A primary challenge identified is human resource gaps and misallocation.

¶ 04 On the justice sector’s backlog: as of 30 June 2024, pending cases exceed 1.1 million from Supreme Court down to Magistrates’ Courts. This is not a problem created overnight or by any one person; it accumulated over years. Justice delayed is justice denied, and delays raise costs, impede economic activity, and erode confidence. In the World Bank’s Ease of Doing Business, Sri Lanka stands at 99/190 overall; on Enforcement of Contracts, 164/189, with 1,318 days to enforce a contract. We will act to improve these indices.

¶ 05 Our policy rests on three pillars: equal and fair protection of the law; transparency and efficiency; independence and public confidence. Infrastructure and adequate staffing are essential. While many court buildings were commenced, 23 projects were halted due to the crisis. We will resume them this year. Buildings alone are insufficient; staffing and equipment are needed.

¶ 06 Currently, across the Ministry and its institutions, there is a total staff shortage, with only 6,026 in post against higher needs. In original courts, there are 75 judicial vacancies. Judges per million population are about 19; advanced systems have higher ratios. Non-judicial vacancies are around 2,294. We are recruiting 50 judicial officers (Magistrates, Labour Tribunal Presidents, etc.) and seek approval to fill 753 critical non-judicial posts.

¶ 07 The Ministry itself functions from rented premises at around Rs. 2 million per month. We have approval and have awarded a Rs. 3,500 million contract (phase II) to construct a new Ministry building on BCC land; completion is planned within a year and to house many currently rented entities, saving significant funds. For 2025, Rs. 7,200 million is proposed for buildings. We will gradually expand courts with proper staffing and establish smart courtrooms.

¶ 08 Pre-trial procedures: Though provided by the 2023 Civil Procedure Code amendment, pre-trial courts are yet to be set up. We will select high-volume District Courts to implement this to reduce delays. About 38 per cent of District Court cases are money claims under Rs. 2 million. Although the Small Claims Courts Act, No. 33 of 2022, was passed, only Kandy and Matara have been established. We will study volumes and expand small claims courts.

¶ 09 New courts: Based on the Judicial Service Commission’s 2021 report, we plan courts in difficult areas such as Ibbagamuwa, Lahugala, Wattegama, Thalawakele, Morawewa, Jayapuram, Murukkan, Puliyankulam, and Vettikulam, in consultation with stakeholders.

¶ 10 Digitalization: Many jurisdictions operate paperless digital courts. Our Rapid Digital Strategy, with the Ministry of Digital Economy, under a committee chaired by Supreme Court Justice Arjuna Obeysekera, has selected Kandy and Negombo complexes for pilots.

¶ 11 Attorney-General’s Department: Approved cadre of State Counsel is 459, but only about 209 are in post; about 93 handle criminal prosecutions. We will strengthen the Department with necessary human resources. We are also taking initial steps towards establishing a Prosecution Service for criminal matters; a new recruitment drive may follow once the mechanism is in place.

¶ 12 Prisons: Designed capacity is about 10,395, but around 30,000 are held — a burden on inmates and the State. A committee is working on recommendations to reduce overcrowding. Government Analysts’ Department: In 2024, 64,524 cases were referred; only about 78 scientific officers handle analyses, over 800 reports per analyst annually. About 54 per cent relate to narcotics. We are expediting reports and recruiting more analysts. Rs. 100 million is allocated in the Budget for vocational training of inmates to support reintegration.

¶ 13 Mediation: Over 200,000 disputes are annually referred to Mediation Boards. By strengthening mediation — including special boards for land disputes in 16 districts and expanding to the remaining six — and introducing special mediation for financial disputes initially in Colombo, Gampaha, Anuradhapura, Polonnaruwa, Kandy, and Monaragala, we expect to reduce court backlogs by up to 200,000 cases annually.

¶ 14 Law reform: Protecting and promoting rights require quality, consultative reforms. Ad hoc changes create defects. As per our policy, a Law Reform Committee of experts will review and recommend coherent reforms.

¶ 15 Proceeds of crime: Many have amassed wealth through crime and corruption. This morning I presented the Proceeds of Crime Bill to enable recovery, restraint, forfeiture, management, and international cooperation.

¶ 16 Security in trials: Transporting serious offenders is risky. We have provided audio-visual testimony equipment to 24 of 34 High Courts and to 20 Magistrates’ Courts. We will amend the Code of Criminal Procedure to enable wider recording of evidence via audio-visual links. We have also amended the Civil Procedure Code so that, beyond current limited grounds, parties can generally give evidence online, helping avoid unfortunate court incidents.

¶ 17 Thank you, Hon. Chairman.