COPE Chief lambasts MEPA, questions integrity of staff

By Shamindra Ferdinando

Lawmaker Prof. Charitha Herath, Chairman of the Committee on Public Enterprises (COPE), has lambasted the Marine Environmental Protection Authority (MEPA) at a recent committee hearing over the MEPA’s handling of the fire onboard crude carrier MT New Diamond in early Sept. 2020 and the sinking of X-Press Pearl carrying chemicals off the Port of Colombo last year.

Prof. Herath questioned the Chairperson Attorney-at-Law Dharshani Lahandapura, a Viyathmaga activist on the MEPA’s response to the disastrous accidents.

Prof. Herath demanded to know why compensation hadn’t been so far secured from the owners of the New Diamond. His query was based on the Auditor General’s observations. Jagath Gunasekera, the Acting General Manager of MEPA, said that the courts had decided on the fines to be imposed.

Prof. Herath asked why only Rs 51 million out of estimated Rs 3,480 million due from New Diamond as compensation had been received. Attorney-at-Law Lahadapura said that though there had been an oil patch, the fire had not caused any environmental damage.

Prof. Peiris asked why such a huge estimate in respect of damages had been made if absolutely no disaster as such had occurred. Gunasekera said Rs 51 million had been paid for firefighting operations and related matters. According to Gunasekera an expert panel had recommended Rs 3,480 mn compensation and the relevant file had been submitted to the Attorney General’s Department.

Prof. Herath pointed out that AG hadn’t responded to the MEPA so far, and asked what the MEPA would say if the COPE alleged that it had collaborated with the ship owners to prevent them from paying for environmental damages.

When the COPE Chief questioned the role of MEPA’s Legal Officer in respect of the overall response, the MEPA representative at the hearing disclosed that she had been sidelined. The official revealed she hadn’t been allowed to participate in any of the discussions with the Attorney General’s Department on civil or criminal proceedings. Prof. Herath demanded to know why she had been sidelined. Lahadapura claimed that MEPA had assigned responsibilities to another official as the Legal Officer was not responsive to their requirements. Prof. Herath dismissed that claim, insisting that there couldn’t be a justifiable excuse for sidelining the legal officer.

Prof. Herath emphasised that the disclosure that New Diamond matter issue has been handled outside the purview of the MEPA Legal Section was a serious matter.

Prof. Herath pointed out that though the compensation in respect of X-Press Pearl had been estimated at USD 37 mn, the ship owners had agreed to pay only USD 2.9 mn. COPE members, Lahadapura admitted that an organisation that had represented the ship owners/insurers had provided advice to MEPA, too. The COPE Chairman pointed out that the organisation concerned would have been able to manipulate the whole process to the advantage of the ship owners/insurers. He said that someone could claim that the MEPA collaborated with them to reduce the amount of compensation.