COPE, oversight, and boundaries of power: Necessary caution

AS someone who has been privileged to represent all three critical domains of the COPE process as a Chairman of a State-Owned Enterprise (SOE), a Secretary of a Ministry, and as a Chair of COPE - I feel a strong sense of responsibility to express my concerns about the recent proposal put forward under Standing Order 137 by the current COPE Chair, Dr. Nishantha Samaraweera, MP (NPP).

- By Charitha Herath

Strengthening COPE should mean better research support, stronger audit collaboration, and continuous capacity building -- not crossing the line into executive enforcement

The motion seeks to amend Standing Order 120, granting COPE the authority to directly refer its findings to law enforcement bodies such as the IGP or the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). While I appreciate the spirit of accountability that underpins the proposal, I must stress with the full weight of my experience-that such a reform must be approached with great care, constitutional awareness, and institutional intelligence.

The separation of powers must be preserved

Our democratic system is based on a two-ballot mechanism one for the Executive and one for the Legislature. The President and Cabinet are elected separately and entrusted with governing authority. COPE and other oversight committees are meant to act as watchdogs, not quasi-executive entities. They are part of the legislative process, designed to shine light on irregularities, not to enforce laws or initiate prosecutions.

If COPE begins referring cases directly to enforcement agencies, it signals a shift from oversight to executive action - a blurring of lines that risks destabilising the constitutional balance of power. Such a shift could weaken the legitimacy of both Parliament and the Cabinet by overstepping their clearly defined roles.

A personal experience worth sharing

Having served in all three domains COPE Chair, Secretary, and SOE Chairman I have seen the strengths and pitfalls of each. Let me share a practical example that highlights what can be achieved within the existing constitutional framework.