The Hon. Kathiravelu Shanmugam Kugathasan

¶ 01 Hon. Presiding Member, I wish to express my views on the motion to approve the salaries and conditions of service of the officers and employees of the Commission to Investigate Allegations of Bribery or Corruption.

¶ 02 The resolution has been formulated under the statutory powers granted to the Commission by Sections 26 and 32 of the Anti-Corruption Act, No. 9 of 2023, replacing the legacy framework of the Bribery Act, No. 19 of 1994. The Government has moved to a model that emphasizes operational and financial autonomy for the anti-corruption body. The present resolution on remuneration is an instrument to operationalize this new model. It seeks to professionalize, protect, and insulate the staffing cadre from economic vulnerabilities.

¶ 03 Unlike the previous model where the Commission functioned as an extension of the Public Service Commission, the new framework recognizes the Commission as a legal entity in its own right, with authority to recruit, promote, and discipline its own staff, without PSC interference. This change is essential to execute the Commission’s expanded mandate, which covers private sector bribery, bribery of foreign officials, trading in influence, and sports-related corruption.

¶ 04 A key feature is classifying staff into four operational pillars: Enforcement, Assets and Liabilities, Integrity and Compliance, and Partnerships and Coordination. To deliver this structure, the staffing complement has been expanded, with 649 internal staff and 283 seconded police officers, for a total of 971 as an initial core. This multidisciplinary approach requires recruitment of forensic accountants, digital forensics experts, and compliance specialists—moving away from a purely police-centric model.

¶ 05 The proposed pay structure is aligned with special schemes in the Attorney General’s Department, to reduce attrition to other legal offices or the private sector. It includes unique allowances reflecting the occupational risk and performance expectations inherent in anti-corruption work—such as a risk allowance and performance allowance—to deter investigators from accepting bribes. New rules introduce a voluntary retirement scheme to manage transitions of staff who do not meet innovation or compliance competencies. The Commission will strengthen its cadre by absorbing qualified officers while training a new generation of integrity officers in digital case management and centralized e-asset declaration systems.

¶ 06 The shift from the 1994 law to the 2023 Act reflects profound changes in Sri Lanka’s legal and administrative paradigm for anti-corruption. Under the 1994 law, the Commission resembled a replica of the Bribery Commissioner’s Department, structurally tied to the PSC and Police. The 2023 Act breaks those ties by creating a legal entity with independent hiring and dismissal powers. Under the old law, a Director General acted as a coordinator between the Commission and investigation branches; under the new structure, the DG becomes the Commission’s Chief Executive and Chief Accounting Officer, responsible for providing resources to prosecutors and ensuring the financial integrity of the Commission Fund.

¶ 07 However, criticisms have emerged regarding a conflict between the 2023 Anti-Corruption Act and the 2024 Public Finance Management Act. The Treasury is alleged to be constraining the Commission’s financial autonomy through the PFMA. Over 56% of specialized posts are vacant due to inadequate budgetary allocations. Despite receiving 8,409 complaints in 2025, only 115 new cases were filed—raising questions about efficacy.

¶ 08 To address this, I recommend: - Legal clarity: Affirm that the Anti-Corruption Act’s financial autonomy prevails over the PFMA in relation to the Commission. - Commission Fund: Route fines and recoveries directly into the Commission’s own Fund. - Hybrid staffing model: Combine experienced police officers with newly trained integrity officers to create mixed competencies. - Staff transfers: Prevent politically motivated transfers of seasoned investigators.

¶ 09 Hon. Presiding Member, officers who protect Sri Lanka’s reputation must be economically secure. This resolution is not just a salary increase; it is a declaration of war against corruption. The Commission must operate as a balancing keel—steady and impartial. Thank you.