Fresh motion in P’ment to deter bribery, corruption

Saturday, 13 October 2018 00:10 - - {{hitsCtrl.values.hits}}

The Government yesterday moved a motion in Parliament to amend the Commissions of Inquiry Act No. 17 of 1947. The proposed Amendment will increase the scope of the Commissions of Inquiry in terms using findings from an investigation to instigate legal proceedings through the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

According to Clause 2 of the Amendment, provisions are made for the CIABOC to consider material collected in the course of an investigation, or an inquiry by a Commission of Inquiry, and direct the Director General for the Prevention of Bribery or Corruption to institute Criminal Proceedings by inserting new Sections to 24A, 24B, 24C, 24D, and 24E to the Commissions of Inquiry Act (Chapter 393).

Clause 3 amends Section 27 of the principal enactment and the legal effect of that Section as amended is to insert definitions for the expressions ‘Bribery Act’, ‘Commission to Investigate Allegations of Bribery or Corruption’, ‘Declaration of Assets and Liabilities Law’, ‘Director General’, ‘Law Enforcement Authority’, ‘Penal Code’, and ‘Prevention of Money Laundering Act’.

Minister of Higher Education and Cultural Affairs Dr. Wijeyadasa Rajapakshe, moving the motion on behalf of President Maithripala Sirisena, told the Parliament that the findings of the commissions were ineffective in the absence of legal provisions.

“The Act was introduced well before the independence with the aim of maintaining fair and proper functioning of the State establishment free from corruption and fraud. The initial Act was amended in 1950, 1953, 1955, and 2008. In the event there is a flaw found in any of the State establishments, incurring a loss or a burden for the public or the Government, a fact-finding mission is to be conducted by a commission appointed by the authority of this Act. Hence, this is a subject which is not gazetted under a Ministry.It falls under the portfolio of the President, who takes the decision to appoint commissions.

Fresh...

Certain aspects of the Special Presidential Commissions of Inquiry Law No. 7 of 1978 is similar to provisions of the Commissions of Inquiry Act no. 17 of 1947,” explained the Minister.

According to the Minister, the findings can only be used as admissible evidence in a different court case unless the Commissions of Inquiry Act no. 17 of 1947 is amended. (AH)