Sunday Times 2
Who will be accountable for Public Services?
View(s):The new government’s Prime Minister, Ranil Wickramasinghe, has gone on record assuring the appointment of Oversight Committees to the Public Services as if that is going to be the panacea for all the ills in the Public Services. We have had Independent Commissions and Committees in the past too. But neither the Ministers nor the Independent Commissions, have taken accountability for the output of the service to the people.
I could best explain this sore point by reproducing an extract from my book “Human Rights & Policing – Reminiscences of my Police Days” published in the year 2010. ”Central Welfare Council meeting with New Prime Minister.
I recall keeping to tradition, the Police Central Welfare Council (CWC) sought and obtained an interview with the new Head of Government – Prime Minister J R Jayewardene. When the discussion on matters of police welfare came to the sore issue of political interference, Prime Minister Jayewardene asked what the situation was after the change of government. Both, IGP Stanley Senanayake and Chairman Central Welfare Council SP Navaratnam stated that political interference was much less.
Emboldened by the promises of the Prime Minister to usher a righteous society in which law and order will prevail, I bluntly intervened to say that I was present in my capacity as the Chairman of the Police Inspectors’ Association which forms the backbone of the police service and that all officers in charge of police stations who are most affected are members of the Inspectorate and that I disassociate myself from the point of view expressed by the IGP and the Chairman CWC. Having said that, I went on to give specific examples of inspectors in charge of police stations being transferred out at the instance of politicians – for doing the correct thing.
With those examples I pointed out that things had got much worse. Prime Minister Jayewardene verified from the IGP if the allegations were correct and the IGP answered in the affirmative. The Prime Minister thereupon promised he would see to it that there would be no more political interference. He then said that he too had a complaint against the Police. His complaint was lawlessness in the country and rising crime for which he blamed the Police. As the question was pointed at me I explained that “responsibility goes with authority” is a universally accepted fact and as all powers of appointments, transfers dismissals and disciplinary control are vested in him as the Minister in Charge of the Police, he is to be held responsible. He did not deny responsibility but asked what we expect him to do. I had gone armed with the Basnayake Police Commission Report and drew his attention to relevant portions of it:
“It would also appear that appointments and promotions are subject to political interference. Such interference affects the independence of the members of the Service and the impartial discharge of their duties.
It would also induce members of the police service to invoke the aid on their behalf of the politicians whom they oblige. The evidence discloses that instances in which the members of the Police Department have invoked the aid of politicians are known.
In the interest of the efficiency of the Police Service there should be an impartial body of persons entrusted with the power of appointing, transferring, punishing, dismissing and exercising disciplinary control. The appointment of a Police Service Commission should, coupled with the provision that the Head of the Police should not be removed except for proved misconduct, ….. should in our view go a long way in securing that object”. Prime Minister Jayewardene promised to implement the Basnayake Commission recommendations. However, this was not to be. ”
Whatever action was taken or not taken, Prime Minister later President Jayewardene did send out orders to Parliamentarians not to interfere with the Police and ordered the IGP not to heed political requests, and this directive received wide publicity in the media. What is important here is the fact that President Jayewardene was gracious enough to accept the fact that accountability goes with authority.
We have had the experience of the Independent Police Commission under the 17th Amendment. This was a disaster – other than pompously arrogating powers like the politicians did, it passed the buck when it came to accountability.
So far laws and regulations governing the authority of Commissions over public services have failed to spell out in whom accountability lies. Thereby accountability is conveniently passed on to the Heads of Departments who have been stripped of all authority undermining their control over public servants, leading to steady deterioration specially of the Police who are accountable to the law of the land. More thought must go into the laws and regulations governing the Police Commission.
Whoever were responsible for drafting laws and regulations governing the authority of Commissions over public services, should have consulted experienced public servants and not left it to lawyers, many of whom like to get the better especially of the police, perverting justice and keeping professional benefits for themselves.
It is People-Power that has brought about the recent political changes and I commend my reasoning to ‘Puravasi Balaya for Good Governance’, for intervention in this regard.
(The writer is a retired Senior Superintendent of Police)