Have we lost the ability to draft good laws?

I am appalled by the quality of a recently gazetted “The Chartered Institute of Media Professional of Sri Lanka” (CIMPSL) Bill. Its interpretation section is thin and wrong. It creates an organisation with a Director General and staff and no access to the consolidated fund. It does not even create a startup fund that can be used to support raising money from other sources. The design is based on members (those with charters) electing the governing body and disciplinary committees, but silent (or devious) on who the members will be and fees from members and from those wishing to become members through examinations being the principal source of revenue. 

But the Bill has been gazetted. Now the only question that can be looked at is whether it is consistent with the Constitution. Had it been published as a framework or a concept paper or a white paper, it could have been improved with input from knowledgeable people. The many obvious flaws could have been pointed out (though not necessarily remedied). Now all that is likely to happen is the creation of an ineffective and redundant body like the Sri Lanka Press Council that performs no useful function but occupies space and eats up LKR 53 million of taxpayer money a year. 

Where’s the money?

The Bill has many flaws but for simplicity let’s focus on money.

How do the drafters think the CIMPSL will fund the activities listed in the Bill?

“16. (2) There shall be paid into the Fund of the Institute –

(a) all such sums of money that may be received by the Institute in the exercise, performance and discharge of its powers, duties and functions of the Institute under this Act; and

(b) all such sums of money received by the Institute by way of gifts, grants, donations and bequests from any source within or outside Sri Lanka subject to the provisions of the proviso to paragraph (n) of section 4.”

It appears they thought this will be like the Institute of Chartered Accountants of Sri Lanka (created by Act No. 23 of 1959) that is swimming in money raised through the conduct of examinations and the award of certificates. One cannot perform the functions of accountants without these credentials. That rule creates the market, or one could say the monopoly, that raises revenue for ICASL. While those at the bottom do not make much, it is known that accountancy is a lucrative profession. Young people and their parents pay for the credential.

Does this logic apply to media professional at this time, when newspapers are shutting down and TV stations are run for vanity and political influence, not return on capital? Unless a monopoly is created by barring persons without credentials issued by CIMPSL from practicing as content creators, it will not be possible to incentivise young people (and their parents) to pony up the money to support the CIMPSL. In this day and age when YouTubers have audiences and revenues larger than newspapers, this will be a steep hill to climb. Thankfully, the Bill does not seek to create a choke point or monopoly (though that may be attempted through an amendment). Therefore, that revenue source is likely to yield a trickle at most.

The CIMPSL Bill does not contain provisions for obtaining money from the Consolidated Fund (happily for those concerned about fiscal discipline). But there is precedent for giving money from the Consolidated Fund to entities even when the enabling legislation does not permit it. Section 17 of the Sri Lanka Disaster Management Act, No. 13 of 2005: 

“17. (1) The Council shall have its own Fund. There shall be credited to the Fund of the Council—

(a) money received from the Consolidated Fund, as initial capital of the Council;

(b) all such sums of money as may be received by the Council in the discharge of its functions; and

(c) all such sums of money as may be received by the Council by way of loans, donations, gifts or grants from any lawful source whatsoever, whether in or outside Sri Lanka.”

Note there are no provisions for annual appropriations other than “money received from the Consolidated Fund, as initial capital of the Council” as specified in section 17(1)(a). Yet, in 2026 the Disaster Management Centre was allocated Rs. 393 million in total, of which Rs. 285 million was for salaries. Parliament enacts flawed laws; the executive acts outside the law to sustain the entities so created. Even this provision is missing from the CIMPSL bill.

So CIMPSL is left with 16(2)(b): “all such sums of money received by the Institute by way of gifts, grants, donations and bequests from any source within or outside Sri Lanka.” That was the hope with the Disaster Management Centre too. Because of the wave of sympathy generated by the 2004 Indian Ocean Tsunami money did flow to the DMC for projects but not for paying salaries and recurrent expenditures. Domestic donations are unlikely given the parlous economics of the media industry. One can only hope for charity from foreigners.

Reform the law-making process

Taxpayer funds are expended on drafting unworkable legislation. Trees are destroyed for the paper to print this rubbish. Our time is wasted taking apart bad bills. Something has to change.

I will not propose overhaul of the Legal Draftsman’s Department or the redesign of legal education to enhance the skills of drafters. Good, if these things can be done. But at least change in the procedure by which laws are drafted. Make it mandatory to publish an early draft as a white paper and actively solicit input from stakeholders and the public. Based on the inputs so received, workable legislation may be produced. The current procedure that prohibits intermediate product being shared has failed and must be replaced.