RTI Commission orders SriLankan to disclose VIP salaries

Other important information about transactions and payments also to be disclosed on appeal made by Pilots' Guild

SriLankan Airlines top management's salaries, which have been shrouded in secrecy so far, should be released to the Airline Pilots’ Guild of Sri Lanka ( APGSL), the Right to Information Commission (RTIC) has ruled.

The Commission has also ordered the national carrier to disclose the cost of flying training met by the company on behalf of Suren Ratwatte, its former Chief Executive Officer (CEO). In addition the Commission has called for the release of all agreements entered into for the wet lease of its A330 aircraft to Pakistan International Airlines (PIA). And it directed the divulging of information related to the rental of several A350 airbuses from AerCap and subsequent cancellation of those leases as the matter is now concluded.

However, the RTI Commission upheld SriLankan’s decision to withhold infor- mation related to the cancellation of purchase of aircraft from Airbus SAS as the negotiations are still ongoing. But all minutes and board papers pertinent to the matter ( a list was given) were ordered to be released subject to any redaction that the public authority may

establish in law as necessary regarding commercial confidence or excluded as coming within the ambit of information given by a third party which was treated as confidential at the time. The RTIC will scrutinise whether these redactions are justified in law.

SriLankan had cited confidentiality clauses with PIA and AerCap to block the release of those agreements. The RTIC order, however, was that a confidentiality clause by itself could not prevent information disclosure after the contract or agreement had been awarded and where the accountability of public funds and the transparency of the public authority are in issue.

Where the cancellation of the lease agreements with AerCap is concerned, the fact that “great financial losses” had been incurred by a public authority which is being maintained as an ongoing enterprise by the State coffers “cannot be casually swept aside by this Commission in evaluat- ing information disclosure in terms of the RTI Act in this Appeal”. There is, the RTIC observed, a strong public interest towards disclosure in matters concerning public policy and the public purse.

A similar direction was given regarding all reports by consultant firms employed by the airline. This includes partial and full restructuring plans produced by international aviation advisor Nyras subject to redaction on the basis of commercial confidence or confidential information by a third party.

SriLankan Airlines was instructed to report back to the Commission by July 3, 2018, with regards to the status of adherence to the order. Both parties will appear before the RTIC again on that date.

The RTIC order brings to a close a process that first started in June 2017 when the APGSL filed a request under RTI for the salaries, allowances and other benefits of the CEO, Head of Human Resources and the Chief Commercial Officer of SriLankan.

The union wanted all correspondence and information, including profits, losses and damages, related to PIA’s entry into a lease agreement with SriLankan and the subsequent termination of that contract; and information related to the cancellation of orders for Airbus A350s from Airbus SAS. It also asked for all information related to the cost of personal flying training for the A320 jet conversion borne by SriLankan Airlines for CEO Ratwatte.

After the carrier’s information and designation officers refused the request citing exemptions, the APGSL lodged an appeal with the RTIC in September 2017. Later, SriLankan raised a preliminary objection that it was not subjected to the jurisdiction of the RTI Act. This was dismissed by the Commission earlier this year, and the order was accepted by SriLankan.

In its order on the merits, the Commission observes that the central focus in the Right to Information Act given to transparency and accountability in public authorities is clear. “In that regard, it may be said that the preamble of Sri Lanka’s RTI Act even more unambiguously underpins the principle of maximum disclosure, subject to narrowly defined exceptions that must also yield to the public interest override,” it says.

“It is manifest, therefore, that, where the public purse is concerned, the alleged financial irregularities of a particular public authority are under scrutiny in an appeal before us, this Commission will be particularly watchful of the public interest,” it holds.

The Commission ordered the release of information related to salaries, benefits and the pilot training cost of the CEO saying that “this is, by its very definition, information that directly relates to the financial accountability and transparency of the public authority in the expenditure of public funds”.