In the end, it was left to the Court of Appeal to deliver some relief to consumers who have been living through weeks of angst over exploding liquefied petroleum (LP) gas cylinders. Last week the Court ordered LitroGas and Laugfs Gas, the two companies thatexclusively supply gas to the country, to ensure that the cylinders conform with the standards of the Sri Lanka Standards Institute (SLSI). The two– judge bench also ruled that cylinders which have been sold to consumers should be taken back and that those which have been released to the market but are not being used by consumers should be recalled. The Court asked the gas suppliers to display the composition of the gas in the cylinder.
From a statement issued by the Director General of the SLSI Dr Siddhika Senaratne on 30th November, it appears there is no standard set by either the SLSI or the Consumer Affairs Authority (CAA) for the composition of the gas in the cylinder, which could be a lacunae in this whole issue. In the statement, Senaratne herself points out that the ‘SLSI had not included the composition of butane and propane to the relevant Sri Lanka standard but that it had specified the maximum vapour pressure of the gas in the standard’. About the components of the gas cylinder, Senaratne says in the statement that it was the CAA that had issued a gazette notice in January 2012 making standards compulsory for the flexible hose, regulator and valve of the cylinder. She clarified that therefore it is the CAA and not the SLSI which ensures the compliance of these parts of the gas cylinder. Adding further confusion, the statement goes on to state that the SLSI can ‘monitor the conformity of LP gas cylinders to the relevant Sri Lanka standards’.
The jurisdiction of the Court was invoked by a member of civil society, Nagananda Kodithuwakku, who asked the Court to inquire into the explosions. The petitioner also asked the Court to make an order for consumers to be reimbursed for the gas they had not used.
The Court order came at a time when it was becoming evident the two companies were shying away from taking accountability for the issue and the havoc it was causing. The government ministers directly responsible, Trade Minister Bandula Gunewardene and State Minister for Consumer Protection LasanthaAlagiyawanna have been doing little else except trade blame. From weeks back, most households in the country had started to switch to alternative methods of cooking because of a lack of assurance from the government about safety.
Compounding the lack of accountability is the impunity of Litro and Laugfs, which have paid scant regard to even the recommendations of the presidential committee appointed to look into the explosions. At least one death was reported, from Kamburupitya, after the recommendations were made public. Following the incident, it came to light that the cylinders were being sold by simply covering the existing blue seal on the valve with a red seal. If nothing, it was further confirmation that the two companies were acting beyond any degree of accountability.
So far, the presidential committee has also not been able to answer the burning question whether the composition of the gas in the cylinder was changed.
Until the departure of Shell Gas from Sri Lanka the composition was a mix of 30 percent propane and 70 percent butane and compliance was strictly enforced. Propane is a volatile gas which is considered more suited for cold climes while butane works better in a tropical climate like Sri Lanka. After Shell stopped supplying gas to Sri Lanka the compliance mechanisms have been lax. However the alleged change in the composition, suspected for being the main reason for the explosions, is thought to have taken place around April this year. The current ratio of the two gases in the cylinder is reportedly 50:50.
Ship to ship transfers have also raised concernsespecially if the product is not checked and tested before off -loading.
Prime Minister Mahinda Rajapakse is reportedly preparing to have a discussion on the 21st of December with the main stakeholders to determine the reasons for the explosions and the action that can be taken against those who are responsible for the crisis. The heads of the two gas companies, members of the presidential committee, the Consumer Affairs Authority, SLSI, Ceylon Petroleum Corporation and police chiefs are expected to participate in the meeting. The recommendations of the presidential committee are expected to feature at this meeting.
The onus now is on the SLSI to ensure that the cylinders conform with standards and restore the trust of the public. The SLSI itself has been under a cloud, which has brought out multiple questions about its integrity. Earlier this year, Senaratne went on record when she said that several food items have been found to contain the carcinogenic aflatoxin. She said this at a time when a number of containers of coconut oil which were imported into the country were found to have levels of aflatoxin which were higher than what was permitted. Senaratne earned the country’s ire because she went on to say that if she reveals the names of the products it will lead to the collapse of the local businesses. ‘Even if you believe the media has a right to know about it, it is our duty to protect local businesses’, she said. Following the statement a civil society organization lodged a complaint with the CID asking for legal action to be taken against her. The government also announced similar measures will be taken for concealing information and endangering the lives of the public.
Meanwhile there is growing momentum from the Opposition in parliament and rights groups for victims of gas explosions and their families to be compensated after another death related to a gas explosion. The Court of Appeal’s order came too late for W. Priyangani, a mother of four and the third who is known to have fallen victim to a gas explosion. The 53 year old woman who had been living with her family in a rented house in Kandy, succumbed to her burns last week while she was being treated at the Kandy National Hospital in Colombo. In the first claim of its kind, her family is suing the gas company for 100 million rupees. There have been 752 gas related incidents so far between the 1st of November and 16thof December. Twenty– five incidents were reported in the 24 hours between 6. 00 am on the 15th and 16th of December.
In what could become the sting in the tail of the gas issue, the revelation by the Janatha VimutkthiPeramuna that the government plans to sell Litro will raise the spectre of it having deliberately created this situation.
