The Hon. (Dr.) Nishantha Samaraweera

¶ 01 Hon. Presiding Member, as Chair of the Committee on Public Enterprises (COPE) and as a Member advocating necessary changes to our Standing Orders, I thank you for this opportunity.

¶ 02 For over a year under my chairmanship, COPE met about 29 times, examining 21 institutions based on audit observations for 2022–2024. These proceedings, broadcast to the public, revealed how certain officials and politicians managed public enterprises. A key observation is that decision-making power—exercised on behalf of the people—flows from the electorate to Parliament, to Cabinet, to Secretaries and other state officials. Many officials are bound by institutional frameworks—financial regulations, circulars and rules. Wrongdoing visible to society—fraud, corruption and waste—is often facilitated by how these frameworks are manipulated or overridden.

¶ 03 A flawed assertion is that investigating such wrongdoing and prosecuting responsible officials demoralise the public service. That is wrong. The vast majority of officials work within their lawful limits. Our inquiries repeatedly showed that while many officials know the correct course, sometimes they are driven by directions outside proper process. Ordinary audit processes may not surface those political interferences; that is why COPE and COPA exist.

¶ 04 When such matters are revealed, there must be a prompt legal pathway to investigate further. Institutions like the CID and the Commission to Investigate Allegations of Bribery or Corruption exist for this purpose. When COPE/COPA identify prima facie criminal wrongdoing, those matters should be referred for investigation.

¶ 05 Historically, COPE/COPA reports, tabled quarterly or so, were sent to the Attorney-General for advice or prosecution. But practically, little has happened, leading the public to say: “COPE exposes, the media discuss, and then nothing.” Therefore, from the outset we considered it essential that matters unearthed by these Committees be investigated by competent enforcement agencies.

¶ 06 Our proposal is to amend Standing Orders 119 and 120 so that, upon Parliament’s decision after tabling the report, COPE/COPA can directly refer serious matters to the CID or CIABOC for further investigation. This prevents issues from stalling or fading in the media cycle. It allows full inquiries where all sides can be heard and due process followed.

¶ 07 COPE and COPA are not full criminal investigative bodies; we conduct oversight anchored in audit observations. Therefore, once prima facie issues are identified, referral to competent bodies is necessary. This is in the public interest and strengthens both accountability and the confidence of honest officials working within their lawful mandates.

¶ 08 I conclude, urging support for this necessary reform, and reiterate that officials acting lawfully within their authority should have nothing to fear; rather, this strengthens and safeguards proper administration.

¶ 09 Thank you.