According to the Anti‑Corruption Act, the asset and liability declarations of public representatives will be made accessible to the public, while those of non‑public representatives will remain confidential under a new amendment announced in Parliament today.

Leader of the House Minister Bimal Rathnayake explained that the government has decided to revise the gazette notification issued last month, which had suspended the publication of asset declarations of public representatives and sparked widespread debate. 

The new amendment restores public access to politicians’ declarations but excludes government officials and other non‑representatives to safeguard privacy.

“The Anti‑Corruption Act No. 09 of 2023 was a landmark law. Sections 86 and 88 required top officials and political leaders to disclose their assets and liabilities. Around 300 individuals, from the President downwards, were obliged to provide this information. Initially, it had to be submitted in printed form, later amended to be available online,” Rathnayake said in Parliament.

He emphasized that while transparency is essential for elected representatives, extending the requirement to ordinary state officials could lead to misuse.

“Public representatives are not ordinary officials, so the public is entitled to know their assets and liabilities, as well as those of their relatives. But it is not right for state officials and others to be included. We live in a culture where even good things are used for bad causes. Some low‑level media have harassed individuals who are not politicians, and the Bribery Commission believes privacy must be maintained. Therefore, we have proposed a limit to the amendment,” he said.

Under the revised regulations, the asset and liability declarations of public representatives will remain publicly accessible, while those of non‑public representatives, including government officials, will be excluded. 

The government maintains that this balance protects transparency in politics while safeguarding the privacy of state employees. (Newswire)

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At least twenty (20) Parliamentarians have failed to declare their assets and liabilities for this year, it was reported.

According to the Lankadeepa newspaper, Election Commission officials have informed Parliament officials to once again remind the said MPs to declare their assets. 

A total of 169 Parliamentarians are required to declare their assets and liabilities and hand them over to the Speaker of the Parliament prior to June 30, every year.

However, the Commission to Investigate Allegations of Bribery and Corruption’s (CIABOC) attention has been drawn to the 20 MPs who are yet to declare their assets. 

Under Sri Lanka’s new Declaration of Assets and Liabilities Law, a Parliamentarian who has failed to declare his/her assets by August 31 every year, can be sentenced to not less than one year imprisonment or be imposed a fine amounting to 12 months of his current salary, or both. (Newswire)

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Provisions of the Right to Information Act (RTI) are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law, the Court of Appeal held on Tuesday (28). 

The landmark judgment was announced by the Court of Appeal two-judge-bench comprising Justices Sampath Abayakoon and P. Kumararatnam.

The court stated that the RTI Act should prevail over the provisions of the Declaration of Assets and Liabilities Law, enabling people to know the names of the Parliamentarians who have tendered their declaration of assets and liabilities.

“Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow. Under the provisions of the Declaration of Assets and Liabilities Law, any person who comes under the provisions of the Law, fails to provide the relevant declaration of assets and liabilities as required, would be committing an offence punishable with a fine or imprisonment of either description or both such fine and imprisonment”, Justice Abeykoon observed.

The court order was issued after taking up for hearing an application filed by the Secretary General of Parliament challenging the Right to Information Commission’s decision that the information requested by journalist Chamara Sampath on MPs who have tendered their assets declarations should be released to him.  

In a letter to the Secretary General of Parliament in June 2018, the journalist had requested the Information Officer of the Parliament for the list of names of MPs who have handed over their respective declarations of assets and liabilities in 2018. 

However, the Information Officer in a letter in August 2018 had refused the request on the basis that he has to make an application in terms of the Declaration of the Assets and Liabilities Act of Act No.1 of 1975 to the Speaker of Parliament, which is a separate Act that governs the declarations of the Members of Parliament.

The matter was brought before the court, where the Court of Appeal has now declared that the provisions of the RTI Act are applicable to the Members of Parliament in respect of the Declaration of Assets and Liabilities Law. (NewsWire)

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