- CPCEC relies on AG instead of having dedicated Legal Affairs Director
The Committee on Public Finance (COPF) has questioned why the Director of Commercial Operations of the Colombo Port City Economic Commission (CPCEC), Radika Obeyesekere, also holds the position of Director of Legal Affairs, with the Commission defending its decision not to appoint a dedicated director for legal affairs.
The issue was raised by COPF Chairperson Dr Harsha de Silva during a meeting with the CPCEC on 8 October, when he questioned the Commission’s arrangements for handling legal and commercial operations.
Responding, CPCEC Chairperson President’s Counsel Harsha Amarasekera said advertisements had been published for both posts before the previous Commission was dissolved. However, the new Commission had not been aware that its predecessor had an arrangement with the Attorney General’s (AG) Department to obtain legal advice on most matters.
He said that, after reviewing the applications, the new Commission had decided to continue with the existing arrangement and refer substantive and significant legal matters to the AG’s Department. Consequently, the post of Director of Legal Affairs had not been filled.
Amarasekera explained that Obeyesekere, who had been selected for the post of Director of Commercial Operations, had a legal background, which the Commission considered sufficient to assist with legal affairs in coordination with the AG’s Department and the Finance Ministry.
He added that the Commission had recently decided that the Director of Commercial Operations could also coordinate legal matters, including communications with the AG’s Department, and sign off on matters in the capacity of Director of Legal Affairs.
However, de Silva pointed out that the AG’s Department handled legal matters for the entire Government and not just the CPCEC, noting that Government institutions routinely sought its advice.
He also highlighted the Commission’s regulatory responsibilities, including considering permit applications and making decisions on regulatory matters, stressing the importance of appropriate legal oversight.
De Silva further observed that the former Director of Legal Affairs had not participated in CPCEC meetings, a matter that had been identified subsequently. He also questioned whether the current Chairperson of SriLankan Airlines, A K D D Dimal Arandara, had sufficient time to handle matters relating to the CPCEC.
In response, Amarasekera said Arandara handled matters concerning the CPCEC Act and its regulatory framework at the Ministry, with the Commission liaising with him on such matters.
De Silva also raised concerns over the CPCEC gazetting certain items as duty-free, underlining the need for legal scrutiny of decisions affecting the Port City’s operations.
Meanwhile, Opposition Parliamentarian Shanakiyan Rasamanickam questioned whether the Commission experienced delays in obtaining legal advice from the AG’s Department, noting that responses to referrals could sometimes take considerable time.
Although it was pointed out that the matter was not on the meeting’s agenda, Amarasekera said the Commission had not experienced any undue delays from the AG’s Department that had obstructed or prevented its work.
Rasamanickam said he wished other institutions could receive similar attention and timely responses from the Department.