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> Legislature Monitor
The National and Provincial Legislatures of Pakistan
November 2015

   
 
Monitor on Legislatures
December 15, 2015
Islamabad

   

In this Issue

The National Assembly of Pakistan

The Senate of Pakistan

The Provincial Assembly of Balochistan

The Provincial Assembly of Khyber Pakhtunkhwa

The Provincial Assembly of the Punjab

 

The National Assembly of Pakistan

Performance Indicators

Session 25
November 06-11, 2015

Session 26
November 20-27, 2015

Sittings

4

6

Bills Passed

3

2

Resolutions Passed

1

5

Attendance of Prime Minister

1 sitting (25%)

1 sitting (17%)

Attendance of Leader of Opposition

4 sittings (100%)

4 sittings (67%)

Attendance of MNAs

69%

47%


Democratic Process Follows with the Re-election of Sardar Ayaz Sadiq


Sardar Ayaz Sadiq takes oath, administered by Acting Speaker, Murtaza Javed

Sardar Ayaz Sadiq, MNA, has been re-elected to the post of Speaker of the National Assembly in the aftermath of NA-122 bye-polls. During a sitting on November 09, 2015 the Members of the National Assembly voted for the position of Speaker. Sardar Sadiq secured 268 votes while member of the Opposition, Mr. Shafqat Mahmood, MNA, (NA-126, Punjab, PTI) secured only 31. This is a positive indication of the democratic process being followed, where the Speaker was lawfully de-seated by an Election Tribunal in August 2015 and has been legitimately re-elected to the post.

Ministers must Inform House on Progress

The Minister for Interior, Chaudhry Nisar Ali Khan, MNA, (NA-52, Punjab, PML-N) announced to the House various comprehensive measures being taken to control corruption and improve performance in the subordinate organisations of the Ministry of Interior. It is highly unfortunate that while Federal Ministers are answerable to the Parliament, yet most Ministers are hardly ever present in the Parliament, let alone inform the House about progress within their Ministries. This suggestion of the Minister would substantially improve the oversight of the Parliament over the performance of the Government in addition to their reporting to Committees. PILDAT strongly supports Chaudhry Nisar Ali Khan’s important suggestion that the Business Advisory Committee should create rules making all Ministers bound to present their performance to the House. In addition, the Annual Year Books by each Ministry should be regularly laid in the House.

Legislators Give Mixed Responses to the ISPR Statement

The ISPR released a statement on November 10, 2015 stating “the need for matching / complimentary governance initiatives for long-term gains of operation and enduring peace across the country,”1 which was unfortunate and uncalled for. Even more unfortunate had been the voices in the Parliament that seemed to justify the statement. Syed Khursheed Shah, MNA, (NA-199, Sindh, PPPP) termed it an “important hint” while Mr. Shafqat Mahmood, MNA, stated that it should be a matter of concern for the PML-N. The controversy ebbed its way into the Senate where Parliamentarians expressed their disappointment with governance, however assured the Government of their continued support.

The Senate of Pakistan

Performance Indicators

Session 121
November 02-13, 2015

Sittings

10

Bills Passed

1

Resolutions Passed

6

Attendance of the Prime Minister

None

Attendance of Leader of the House

10 sittings (100%)

Attendance of Leader of Opposition

7 sittings (70%)

Attendance of Members of Senate

60%

Amendment of NAB Law Tabled

On November 02, 2015, Senator Taj Haider, PPPP tabled the National Accountability Amendment Bill as a Private Members’ Bill to restrict NAB’s jurisdiction to Federal departments and ministries. The Bill was referred to the Senate Standing Committee on Law, Justice and Human Rights. Senator Haider stated that the 18th Amendment passed in 2010 provided for greater autonomy to the provinces and anti-corruption is now a residuary subject.

With already limited impact on social indicators of the 18th Amendment, and a growing disparity between the four provinces, PILDAT recommends that this amendment does not stand. Senator Haider undoubtedly introduced the amendment to improve the efficiency of anti-corruption agencies at the Provincial level. However, Parliamentarians ought to be wary of the fact that this may create disparities on the policies and procedures governing corruption. The governance of corruption ought to be uniform at the Federal and Provincial levels.

NACTA Functions without a Chairman

As part of its oversight activities, Senator Talha Mehmood, JUI-F, held the Government accountable for the inordinate delay in recruitment to the National Counter Terrorism Authority – NACTA, through a question posed on November 11, 2015. The agency has been without a formally appointed Chairman for the past six years, which is approximately how long it has existed. The Government informed the Senate that NACTA still has no service rules. To date, vacant posts are filled either from the Establishment Division or through fresh recruitment. Minister Baligh ur Rehman, while informing the Senate that new service rules had been prepared, did not indicate when they would be implemented.

The Provincial Assembly of Balochistan

Performance Indicators

Session 22
November 06-20, 2015

Sittings

6

Bills Passed

1

Resolutions Passed

4

Attendance of Leader of the House

The Balochistan Assembly has still not made MPAs attendance records public unlike other legislatures

Attendance of Leader of Opposition

Attendance of Members of Senate

Fair Distribution of Resources Resonate in Assembly

Legislators of the Provincial Assembly of Balochistan passed four resolutions during the 22nd session. The resolutions focused on the equitable distribution of resources to the Province from the entire country. One issue that has resounded over the course of the third Parliamentary year in both Balochistan and Khyber Pakhtunkhwa has been that of the China-Pakistan Economic Corridor (CPEC).

On November 12, 2015, a resolution directed at the Federal Government to immediately allocate funds for the development of western route of the CPEC was passed unanimously. During the debate, Mr. Zamrak Khan, MPA, (PB-12, Balochistan, ANP) who tabled the resolution, noted that despite the declarations of the APC held in April that funds has not been allocated for the western route. All MPAs agreed with the sentiments shared with Former Speaker, Mir Jan Jamali, MPA, (PB-25, Balochistan, PML-N), that “Balochistan has to be the major beneficiary of CPEC.”2

Balochistan Assembly Calls for Gas Supply to Harnai

In line with the sentiments of Baloch MPAs regarding the fair distribution of resources to the province, the House adopted a resolution November 09, 2015 regarding gas supply to Harnai District and its adjacent areas. Sardar Raza Muhammad Barrech, MPA, (PB-4, Balochistan, PkMAP) tabled the resolution in light of the fact that gas reserves had been discovered in areas of Harnai district. The resolution justifiably refers to Article 158 of the Constitution that “The Province in which a well-head head of gas is situated shall have precedence over other parts of Pakistan.”3

The Provincial Assembly of Khyber Pakhtunkhwa

Performance Indicators

Session 15*
October 23, 2014 – Present

Sittings

7

Bills Passed

3

Attendance of Leader of the House

 

The KP Assembly has still not made MPAs attendance records public unlike other legislatures

Attendance of Leader of Opposition

Attendance of MPAs

*Information for the month of November 2015

MPAs Debate Earthquake Relief

The most pressing issue facing Khyber Pakhtunkhwa Assembly was the disastrous earthquake that befell the northern areas of Pakistan on October 26, 2015. Unfortunately, the day that the agenda was created to discuss earthquake relief, the minimum number of MPAs required for a sitting could not be met and the sitting was adjourned in less than 10 minutes. Only 17 MPAs were present out of 123 strong Assembly. Legislators turned up on the subsequent sitting on November 23, 2015 to express their anxieties about the PTI-led Government in relief efforts. Opposition MPAs alleged nepotism in the distribution of compensation to the October 26 earthquake’s victims and protested purportedly slow relief activities. Additionally, they highlighted the need for coordinated efforts of the Federal and Provincial Governments in the reconstruction and rehabilitation of the affected areas.

Civil Servants Legislation Finally Amended

Five complete years after the passage of the 18th Amendment and devolution of 17 departments to KP Government, the Provincial Assembly of Khyber Pakhtunkhwa has finally amended the Khyber Pakhtunkhwa Civil Servants (Amendment) Act 2015 to allow the absorption of hundreds of Federal employees into the devolved departments. The long-awaited amendment was tabled by Provincial Law Minister Imtiaz Shahid, MPA (PK-39, Khyber Pakhtunkhwa, PTI) and passed unanimously on November 24, 2015.

The Provincial Assembly of the Punjab

Performance Indicators

Session 18
November 12, 2015

Sittings

1

Bills Passed

0

Resolutions Passed

5 (For the extension of 5 ordinances)

Attendance of Leader of the House

No Sitting (0%)

Attendance of Leader of Opposition

No Sitting (0%)

Attendance of MPAs

45%

A Series of Ordinances Extended

The Provincial Assembly of the Punjab met for one sitting during its 18th session held on November 12, 2015. Five ordinances were due to expire having passed their required 90 days to be passed. The session, requisitioned solely to keep these laws alive, was held over the course of one day when these ordinances were extended for another 90 days through 5 separate resolutions. The ordinances include:

  • The Punjab Pure Food (Amendment) Ordinance 2015
  • The Infrastructure Development Authority of the Punjab Ordinance 2015
  • The Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Ordinance 2015
  • The Ghazi University, Dera Ghazi Khan (Second Amendment) Ordinance 2015
  • The Ali Institute of Education Lahore (Amendment) Ordinance 2015

It is hoped that the democratically elected representatives in the Punjab Assembly will swiftly review these ordinances and make decisions on their future. Not only is it wasteful to keep delaying the passage of resolutions but it is also against the spirit of democracy to have ordinances in place of laws passed by the House when several sessions of the Assembly have been held since their promulgation.

 

References:

1. For more information please see ISPR Website, November 10, 2015 at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&date=2015/11/10

2. For details please see ‘Balochistan Assembly seeks funds for CPEC western route’, which be accessed at DAWN, November 12, 2015 at: http://www.dawn.com/news/1219208

3. For details please see ‘The Constitution of the Islamic Republic of Pakistan,’ Art. 158: http://www.na.gov.pk/uploads/documents/1333523681_951.pdf