Features
Closure of Public Utilities Commission – Cutting off the nose to spite the face?
by Dr Janaka Ratnasiri
A news item, in The Island of 03.12.2020, described an attempt being made by the Government to close down the Public Utilities Commission of Sri Lanka (PUCSL) and to absorb its technical staff to the Department of National Planning, Ministry of Power and to the Treasury, on a directive of a letter supposedly sent by the President’s Secretary to the Secretary to the Treasury.
BUDGET SPEECH 2021 AND LETTER OF PRESIDENT’S SECRETARY
The letter further says the decision was taken in line with the budget proposal referring to the PUCSL and the Ceylon Electricity Board (CEB) “to create an efficient work environment to implement power generation plans that have remained unimplemented for years”. Though the President’s letter says that this decision was taken, in line with the Budget Speech, what the Budget Speech says is, “I also propose to amend the Public Utilities Commission Act and the Ceylon Electricity Board Act, to allow the rapid implementation of projects”. There is no reference to closing down of the PUCSL in the Budget Speech.
The letter (circulated in social media, and tabled in the Parliament) says that “I am advised to instruct you to take necessary procedural steps to close down and consequent steps to absorb the technical staff to other relevant organizations”. A missing part of this letter is that it does not say who advised the President’s Secretary to send a letter instructing the Treasury’s Secretary to close down the PUCSL. It certainly cannot be the President to make such an unwise, illegal step. Does it mean that the proposal to close down the PUCSL is an initiative of the President’s Secretary or was there a hidden hand behind this move? If that is the case, the President should remove his Secretary rather than closing down the PUCSL.
DELAYS IN IMPLEMENTING POWER PROJECTS
While the Budget Speech wants the PUCSL and the CEB Acts to be amended to implement power projects rapidly, the President’s Secretary says the PUCSL has to be closed down to create an efficient work environment, to implement power generation plans, that have remained unimplemented for years. Both documents are trying to put the blame, for delays in implementing power projects and plans, on the PUCSL. In a country, any decisions taken at the highest level should be evidence-based. Otherwise, the country cannot progress. In this instance, both parties are misled and erred in their decisions.
The writer has published extensively on the status of our power sector, in particular on the role of the CEB in causing all these delays. The reader is referred to The Island of 27th and 28th December 2018, and of 28.03.2019, written on this topic. The CEB took over 10 years to finalize plans to build a 500 MW coal power plant, at Sampur, which eventually had to be aborted, partly because of this delay. Then, it took over four years to finalize, awarding a contract to build a 300 MW gas power plant, at Kerawalapitiya, on BOOT basis. The CEB is solely responsible for these delays and they have nothing to do with the PUCSL. The details of these delays are explained in the above two articles.
REQUIREMENTS TO BE MET BY GENERATION PLANS
The CEB also has to comply with the provisions in the original Sri Lanka Electricity Act No. 20 of 2009, according to which the Minister shall formulate general policy guidelines on generation expansion, taking into consideration the requirements for electricity in Sri Lanka in order to attain national targets for sustainable economic growth, among others. The current policy guidelines, on the Electricity Industry, approved by the Cabinet of Ministers, specifies that 50% of electricity generation has to be met from renewable sources. The National Electricity (Amendment) Act 31 of 2013 indicates that the PUCSL is required to approve the generation plans, prepared regularly by the CEB, before implementing.
The Amended Act also says that any proposals to build a new generation plant shall be based on the Least Cost Long Term Generation Expansion Plan and approved by the PUCSL. The “Least Cost Long-Term Generation Expansion Plan” has been interpreted in the Act as a plan prepared on the basis of least economic cost and meeting the technical and reliability requirements of the electricity network of Sri Lanka which is duly approved by the Commission. Here, the “economic cost” means cost taking into consideration the cost of damage to the environment and human health caused by the generating unit, which are referred to as cost of externalities.
DELAYS IN APPROVING THE CURRENT PLANS
When the generation plan is submitted for approval to the PUCSL, it is therefore necessary for it to verify whether the two above mentioned requirements, which are imposed by the Act, are satisfied. The Plan for 2018-37 submitted to the PUCSL for approval, had two cases, one based mostly on coal power and another a no-coal based case. The Plan had not accounted for cost of externalities. The PUCSL proposed to the CEB that it should consider a low-coal based case as it would reduce the cost of externalities, but the CEB was not willing to revise their Plan. The dispute dragged for nearly a year and the matter was resolved after the (former) President intervened who changed his earlier stance of “no-coal” to “yes-coal” just to accommodate the request of the CEB possibly for fear of action by the CEB Trade Unions.
The CEB’s current Plan for 2020-39 was submitted to the PUCSL, in May 2019, but yet to get approval. The correspondences that were exchanged between the PUCSL and the CEB, on approving the CEB’s Plan, is found in the PUCSL website https://www.pucsl.gov.lk/lcltgep-2020-2039/. The PUCSL has drawn the attention of the CEB, repeatedly, that the submitted Draft Plan does not conform to the Cabinet approved Guidelines with regard to having 50% of generation from renewable sources, and also it does included cost of externalities, which are the requirements of the Act.
The PUCSL sent its observations to the CEB, in October 2019, requesting them to revise it as described above, but the CEB sent a Plan, in March 2020, sans the revisions suggested by the PUCSL. Hence, the PUCSL repeated its request in May 2020, and to date, there is no information as to whether the CEB has responded. In a last weekend weekly paper, the Chairman of CEB was reported as saying that “a number of electricity projects were delayed due to the delay in getting a response from the PUCSL”. Instead of trying to blame the PUCSL for delaying electricity projects, without giving specifics, why doesn’t he pull up his officers for not revising the Plan, as requested by the PUCSL, under the powers vested in it, enabling it to conform with the Act?
Fundamentally, preparing least-cost a long-term generation plan, valid for 20 years, hence based on past prices of power plants and fuel, specifying the type of power plants that need to be installed at different time periods to generate electricity at least cost, is something not sound. This is because no one could say with reasonable accuracy what their prices will be and their availability in the future. What the Plan can forecast is the capacity of power plants to be installed year by year for meeting the future demand for electricity, during the next 20 years. The actual type of plant, and the fuel, should be determined only after calling for bids, keeping the type of plant and fuels open, but specifying the requirements for performance and environmental impacts in detail. Once the bids are evaluated, it will be possible to say which option provides the least cost generation, at the time of installing the plant.
PRESIDENT’S TARGET ON RENEWABLE ENERGY SHARE
It is noted that the renewable share, in total electricity generation, as given in the draft Plan, is only 36% by 2030. The CEB has a long way to go in reaching the President’s target of 70% for this by 2030. It appears that the PUCSL insisting that the CEB conforms to the requirements of the Act and trying to get the CEB to work towards achieving the President’s target, is the crime it has done to have it closed down. It is the responsibility of persons serving as advisors to the President, and the Prime Minister, to place before them the correct information rather than to mislead them. Otherwise, only the country will stand to lose its reputation when such wrong decisions get circulated, internationally, and the country becoming a laughing stock.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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