The Liberal Party’s suggestions for a new Constitution

Break out of that colonial mould

In the present confused and troubling context, the Liberal Party feels that suggestions for change should not be confined only to the constitutional questions that are of immediate significance. Suggestions for reform should deal also with other aspects of public policy, and in particular the need to change the whole culture of public service in keeping with the requirements of modern society.

Unfortunately the Sri Lankan public service is still governed by colonial principles. This is not a criticism of that system - it was quite reasonable for a colonial power to entrench procedures that affirmed hierarchical domination; and early in this century when communication and retrieval of information were difficult it was understandable that elaborate procedures were prescribed.

What is appalling is that after more than 50 years of self-government nothing has changed. The AR and FR (Administrative and Financial Regulations) laid down by the British still dominate our public servants. Claim forms designed a century ago are still in use - travel claims for instance still have a space to enter the amount paid for ‘hiring of a horse.

Archaic tender procedures still operate, which, as a former Secretary to the Treasury put it, prevent him from ordering a stapler, but can be circumvented to enable millions to be spent without any precautions. Underlying all this is the unwillingness to allow power, responsibility and accountability to go together. The absolute domination of those at the top has grown more pernicious as the scope of power expands with increasing centralization and better communications. 

The refusal to take decisions at lower levels, which are the levels the public has to deal with, means that the public service serves not the public but only politicians and their favoured bureaucrats. 

What the following suggestions aim at is: 

1) A structure that makes clear the broader responsibilities of public servants, and in particular that they are accountable not to a government in power but to the public at large.

2) A financial system that allows flexibility along with transparency and accountability.

3) A procedure as to appointments that allows for targeted responses to requirements.

4) The allocation of responsibility at all levels, with access to the public.

Not all the following belong in a Constitution, but they will be placed together for convenience. The Executive - The Public Service etc

The Appointments Commission

1. There shall be an Appointments Commission which shall make appointments to the Public Service Commission, the Judicial Service Commission, the Human Rights Commission, the Land Commission and any other Government Commissions for which particular schemes of appointment are not specified in the Constitution. (ie. the Devolution Commission will be appointed in a different way).

2. The Appointments Commission shall consist of the President, who will act as its Chairman, the Speaker and Deputy Speaker, the Chairman and Deputy Chairman of the Senate and three representatives of the Governors of Provinces chosen from amongst themselves by the Single Transferable Vote.

3. The Appointments Commission shall make appointments to the Commissions under its purview by consensus. Where consensus has not been achieved, appointments shall be by the method of the Single Transferable Vote.

The Public Service Commission

4. Appointments to senior positions in the Public Service shall be made by the Public Service Commission. The Public Service Commission shall consist of three members appointed by the Appointments Commission, who shall hold office for a fixed term of two years. 

5. Appointments specified in a schedule shall be subject to the approval of the House of Representatives and/or the Senate.

6. The Secretary to a Ministry shall be appointed by the relevant Minister subject to the approval of the Public Service Commission and Procedures for members of the Public Service

7. All public servants shall be required to prepare work plans for each calendar year, subject to the approval of the officer to whom they report. Such plans shall be available to the public.

8. Public servants shall also prepare monthly reports incorporating targets achi–eved in the preceding month as well as projections for the coming month. Specificity with regard to time and resources shall be recorded as precisely as possible. 

9. Officers responsible for public finances shall be allocated budgets over which they shall exercise control, subject to satisfactory accounting practice each calendar month. 

10. Institutions may be required to establish monitoring committees to oversee efficiency, expenditure etc and prepare monthly reports that shall be available to the public.

11. Cadre positions shall be fixed at a minimum in public offices. Within a specified budget, additional positions for particular duties may be filled on contract. Such positions may be reserved for members of the Public Service, though they may with sufficient reason be advertised publicly. Apart from core allocations, the allocation of additional funds for such purposes within institutions shall be decided on the basis of monitoring committee reports.

12. Amongst efficiency measures to be implemented will be a requirement that public queries be dealt with, within a specified period.

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