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Divi Neguma Bill gags officials
The controversial ‘Divi Neguma Bill’, which the Supreme Court said must be referred to the provincial councils for approval contains a clause gagging officials from divulging information about the activities of the institutions to be brought under the Divi Neguma Department.
According to clauses 39 and 40 in the Bill, employees are required to sign declarations of responsibility not to disclose information, unless required by a court of law. The Bill says any person who violates the provisions of the proposed Act is liable to be imprisoned or fined.
Public funds amounting to Rs.80 billion will come under the purview of the Proposed Divineguma Department.
However, according to political sources the secrecy clause would prevent any whistleblower from coming forward with regard to corruption that could likely take place when such a massive amount of money was involved.
Western Provincial Council Janatha Vimukthi Peramuna (JVP) member Nalinda Jayatissa told Daily Mirror that these were clauses normally found in laws dealing with national security and generally connected to the intelligence services of a country.
“This is not similar to rules and regulations applicable to public servants in dealing with information. It is a draconian clause,” he said.
Dr. Jayatissa said his party was opposed to this Bill since it sought to centralise powers dealing with microfinance in the hands of a single minister.
“This is a bill introduced by the Economic Development Ministry. It is proposed to establish a ‘Divi Neguma Department’ by amalgamating the Sri Lanka Samurdhi Authority, Udarata Development Authority and the Southern Development Authority.
A board of directors will be appointed to oversee the affairs of the proposed department, and five members will be appointed to it by the Subject Minister. Also, the Minister can appoint another as his representative.
The Finance Minister too can appoint one member,” Dr. Jayatissa said. “Community based banks are to be established. All these banks are not required to be registered with the Central Bank under the Finance Business Regulation Act passed in 2011. It is a serious matter.”
The Tamil National Alliance (TNA) which moved the Supreme Court against the Bill said the new legislation contained a secrecy clause, which posed a threat to the right to information.
TNA MP M.A. Sumanthiran said the Bill had sought to establish a fund, independent of the Consolidated Fund. He said if there is any wrongdoing in the transfer of money from one institution to another, officials would not be in a position to divulge it to the people.
Centre for Policy Alternative Executive Director Pakiasothy Saravanamuttu said the new Bill was a blow to the practice of good governance. (Kelum Bandara)
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