FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
HOUSE OF FEDERATION

  FAFEN
PARLIAMENT
 MONITOR
           th
  286 SESSION
  January 21 - February 1, 2019

 FREE AND FAIR ELECTION NETWORK
 www.fafen.org   www.openparliament.pk
FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
ABBREVIATIONS
PML-N     Pakistan Muslim League (Nawaz)

PPPP      Pakistan Peoples Party Parliamentarians

PTI       Pakistan Tehreek-e-Insaf

PML-F     Pakistan Muslim League (Functional)

NP        National Party

BNP-M     Balochistan National Party (Mengal)

ANP       Awami National Party

BAP       Balochistan Awami Party

JI        Jamaat-e-Islami

JUI (F)   Jamiatul-Ulema-e-Islam (F)

MQM       Mutahidda Qaumi Movement

PkMAP     Pashtoonkhwa Milli Awami Party

IND       Independent Member

CANs      Calling Attention Notices

AM        Adjournment Motion
FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
SESSION HIGHLIGHTS                        SENATE: 65% LAWMAKERS
                                          NOT CONTRIBUTED TO
                           Total
                          Sittings        DEBATE ON MONEY BILL

                          9
                                            83% Agenda Addressed during 286th Session
                                            One Private Member's Bill and Five Resolutions
                                            Passed
                                            Female Lawmakers Surpass Male Counterparts
                                            in Discussing Budget
                                          ISLAMABAD, February 3, 2019: The Senate addressed 83 percent of its
                                          agenda during 286th session held between January 21 and February 1,
                         Working
                                          2019. However, the participation of lawmakers remained low in debate
                          Days
                                          on the Finance Supplementary (Second Amendment) Bill, 2019 as only

                      12
                                          36 out of 103 (35%) sitting lawmakers participated in the discussion.
                                          Minister of State for Revenue laid a copy of the Finance Supplementary
                                          (Second Amendment) Bill, 2019 in the House inviting Senators'
                                          recommendations on the bill. The House witnessed low interest of
                                          lawmakers in debate on the bill as 67 (65% of the current membership –
                                          103) did not contribute to the debate. Among them, nine were female
                                          legislators while 58 were male lawmakers.
                                          Four non-participating female lawmakers were from PPPP, while two
                                          each were from PML-N and MQM whereas one female Independent
                        Cumulative        lawmaker also did not contribute to the debate on the bill. Similarly, of
                         Duration         the 58 male members not taking part in the budget debate, 25 were
                                          Independent, nine from PML-N, eight from PPPP, seven from PTI, two

                       26
                     Hours & 5 Minutes
                                          each from MQM, JUI-F and NP and one each from BAP, BNP-M and PML-
                                          F.
                                          Of the 36 members who took part in the debate, 25 were male and 11
                                          were female. The female lawmakers, however, were found to be more
                                          active as compared to their male counterparts, as 55% (11 out of 20) of
                                          them expressed their views on the budgetary proposals while only 30%
                                          (25 out of 83) of the males contributed to the general discussion.
                                          The female lawmakers consumed an hour and 32 minutes while their
                           Total          male counterparts took four hours and 47 minutes to deliberate over the
                        Break Time        budget. Out of 11 participating female MPs, three each were from PTI
                                          and PML-N, followed by two from PPPP, one each from ANP, PkMAP and

                          2
                     Hours & 24 Minutes
                                          an Independent lawmaker. Likewise, six male lawmakers of PPPP, four
                                          of PTI, three each of PML-N and NP, two each of JI, JUI-F and
                                          Independent and one each from BAP, MQM and PkMAP participated in
                                          the budget debate.
                                          Chairman Standing Committee on Finance, Revenue and Economic
                                          Affairs presented report of the Committee on the Finance
                                          Supplementary (Second Amendment) Bill, 2019 and the House adopted

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
55 recommendations as recommended by the Standing Committee.
                                         These recommendations would be forwarded to the National Assembly
SESSION HIGHLIGHTS                       for further consideration.
                         Average         Overall, the nine-sitting session's agenda comprised five private
                       Sitting Delay     members' bills, an ordinance, six resolutions, 11 Calling Attention
                                         Notices, five motions under Rule 218, 14 Adjournment Motions (AMs), five

                     NIL
                                         motions under Rule 194 (1), two motions under Rule 196 (1), one motion
                                         of thanks, 32 reports /papers and 79 Starred Questions.
                                         The House passed one private member's bill while four were referred to
                                         the relevant standing committees; five resolutions were adopted while
                                         one was deferred on the mover's request; nine CANs were taken up and
                                         two were deferred on the request of relevant ministers while three
                                         motions under Rule 194 (1) and two under Rule 196 (1) were passed. In
                                         addition, nine AMs and five motions under Rule 218 remained
                                         unaddressed.
                     Members at Outset
                        (Average)        The House spent 18 percent (four and 47 minutes) and five percent (70
                                         minutes) of the proceedings on Points of Public Importance and Points

                      12
                                         of Order, respectively, while the proceedings remained suspended for
                                         two hours and 24 minutes (nine percent) due to lack of quorum or prayer
                                         break. The session's proceedings were repeatedly interrupted by the
                                         walkouts or lack of quorum. The opposition lawmakers staged four
                          present        walkouts and the quorum was identified by them six times that led to the
                                         suspension of the proceedings for 59 minutes and once an early
                                         adjournment of the sitting.
                                         The session's proceedings were repeatedly interrupted by the protests,
                                         walkouts or lack of quorum. The opposition lawmakers staged five
                      Members at End     walkouts and three protests over the issues relating to legislation, use of
                        (Average)        improper language and exclusion of questions from the agenda.
                                         Moreover, they identified the quorum four times that led to the

                      17
                                         suspension of proceedings for 49 minutes and an early adjournment of a
                                         sitting.

                          present
                                          1 Session, Duration and Attendance
                                         The 286th session of the Senate comprised nine sittings held between
                                         January 21 and February 1, 2019. Cumulatively, the House assembled for
                                         26 hours and five minutes, while the proceedings remained suspended
                                         for two hours and 24 minutes. Each sitting started at the scheduled time
                         Maximum         and continued for nearly two hours and 54 minutes. The Chairman
                         Members
                                         presided over the proceedings for 23 hours and 41 minutes (100 percent
                                         of the session excluding breaks) while the Deputy Chairman was present

                       64                in one sitting only.
                                         The Leader of the House attended all the sittings during the session for 22
                                         hours and 52 minutes (97 percent of the proceedings). On the other
                                         hand, the Leader of the Opposition remained present in the House
                                         during seven sittings for eleven hours and 13 minutes (47 percent of the
                                         proceedings).

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
SITTINGS DURATION (hh:mm)
   04:47
                                                  03:53                                              03:42         03:46
                   03:11
                                   02:28                                             02:11
                                                                  01:09                                                             00:58

        1               2              3               4                5                6                7             8                  9

KEY MEMBERS’ ATTENDANCE
            9                                                                                         9                              7
                                           1                            0

                                                                                                   Leader of                     Leader of the
     Chairman                    Deputy Chairman                Prime Minister
                                                                                                   the House                      Opposition

    Presided for                   Presided for                     Spent                            Spent                          Spent

 100%                              0%                            0%                               97%                            47%
   Time (hh:mm)                   Time (hh:mm)                  Time (hh:mm)                      Time (hh:mm)                   Time (hh:mm)

    23:41                        00:00                          00:00                             22:52                           11:47
* Nine percent time was consumed in a break for prayers and suspension of proceedings.

MEMBERS’ ATTENDANCE
            23                             23

                            15                             16               15               16                             16                 15
                   13             14              14                                                          14
   12                                                              11               12               11            12                 11

        1               2              3             4             5                   6                  7             8                  9
                                                   Members at Outset             Members at End
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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
PARLIAMENTARY LEADERS ATTENDANCE

  Usman Kakar       M. Azam Khan Swati       Sitara Ayaz         Sherry Rehman       M. Ali Khan Saif

PkMAP   I9
         attended     PTI    I9
                              attended    ANP     I8
                                                   attended     PPPP   I7attended    MQM     I7  attended

  Siraj ul Haq         Muzaffar Shah      Jehnzeb Jamaldini   Sarfaraz Ahmed Bugti   Atta Ur Rehman

 JI     I6
         attended    PML-F   I6
                              attended    BNP-M   I5
                                                   attended     BAP    I5attended    JUI-F   I     1
                                                                                                 attended

  Hasil Bizenjo     Mushahid Ullah Khan

 NP     I0
         attended    PML-N   I0
                              attended

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
The official attendance records indicate that the average per sitting
                                   attendance of lawmakers was 64 (62 percent) during the session.
SESSION HIGHLIGHTS                 According to headcounts conducted by FAFEN, an average 12 (11
                                   percent) lawmakers were present at the commencement and 17 (16

                        5
                                   percent) at the adjournment of each sitting.
                                   The parliamentary leaders of PkMAP and PTI were most regular among
                                   the leaders of parliamentary parties as they were observed to be
                                   present in every sitting of the session. They were followed by the ANP
                        Total      leader who did not attend the sitting once. The leaders of PPPP and
                                   MQM attended seven sittings each, PML-F and JI six sittings each, BNP-M
                         Bills     & BAP five sittings each and JUI-F one sitting. The parliamentary leader of
                                   PML-N and NP did not attend any sitting during the session.

                                    2 Senate Output

                        4Bills
                                   This section deals with the legislative business, resolutions, reports and
                                   documents presented before the House during the session.

                                   2.1 Legislation
                                   The legislative agenda brought before the House during 286th session
                     Referred to   comprised an ordinance and five private members' bills. The House
                     Committees    passed one bill, referred three bills to the relevant committees following
                                   their first reading i.e. introduction in the House while one bill was referred
                                   to the committee for the second time after the mover's consent to have
                                   further consideration on it.
                                   Out of five private members bills included in the Orders of the Day, MQM

                       1
                     Ordinance
                                   lawmaker sponsored three bills; JI lawmakers jointly sponsored one bill
                                   while one bill was sponsored by an Independent lawmaker.
                                   A brief description of the bills passed or introduced in the House is given
                                   below:

                        Laid       2.1.1 Private Member's Bill Passed

                                   1 The Federal Universities (Amendment) Bill, 2017
                                      The bill aims at making internship mandatory for ensuring practical
                                      experience of university students before getting degrees.
                                        Date of Introduction: October 23, 2017

                        1
                                        Date of Presentation of Committee Report: February 16, 2018
                                        Date of Passage: January 21, 2019

                                   2.1.2 Private Members' Bills Introduced

                         Bill      1 The Constitution (Amendment) Bill, 2018 (Amendment of Article 260)
                       Passed         The bill proposed to declare the service as “President” and the “Governor”
                                      not to be included in the “service of Pakistan” so that they may take part in
                                      political activities immediately after relinquishing the office instead of
                                      waiting for two years.

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
SESSION HIGHLIGHTS                  2 The Constitution (Amendment) Bill, 2018 (Omission of Clause (2) of Article 30)
                                       The bill proposes to omit Clause 2 of Article 30 of the Constitution of Pakistan
                                       to remove any type of doubt whether any action of an organ or authority of
                                       the State, or of a person performing functions on behalf of an organ or

                         5
                      Resolutions
                                       authority of the State is in accordance with the law or not?

                                       The Compulsory Blood Test of the Spouses and Proposed Spouses for
                                    3 Thalassaemia Disease Bill, 2018
                                       The bill aims to provide compulsory blood test for proposed spouse for
                                       Thalassaemia and also urges the government to make rules for carrying out
                                       the purposes of this Bill within six months after its approval.
                       Adopted
                                    4 The Transplantation of Human Organs and Tissues (Amendment) Bill, 2018
                                       The bill aims to make a provision in the National Identity Card (NIC) to
                                       facilitate the donation of human organs or tissues in case of accidental
                                       death. During the current session, the bill was referred to the Senate

                         1
                                       Standing Committee on Law and Justice after the consent of the mover
                                       despite passage of motion to consider the bill.

                                    2.1.3 Ordinance Laid
                      Resolution    1 The Elections (Amendment) Ordinance, 2019
                       Deferred        The ordinance provides for grouping two or more separate areas in a single
                                       constituency for the purpose of elections to be held for the seats of
                                       Provincial Assembly of Khyber Pakhtunkhwa from erstwhile Federally
                                       Administered Tribal Areas (FATA).
                                        Date of Promulgation: January 2, 2019
                                        Date of Laying in the House: January 31, 2019

                        5MuR
                                    2.2 Resolutions
                                    The House adopted four private members' resolutions included in the
                                    Orders of the Day and one supplementary resolution. The adopted
                          218       private members' resolutions urged the government to implement the
                                    minimum wages for labourers, create Hazara Electric Supply Company;
                     Not Taken Up   ensure availability of essential life-saving medicines in the federal
                                    hospitals and safeguard the ownership and inherent rights of the people
                                    of Gwadar in the China Pakistan Economic Corridor (CPEC) project.
                                    The House adopted a supplementary resolution to express sorrow over
                                    the demise of PPPP leader, Malik Hakmeen Khan. Another private

                      32
                       Reports
                                    member's resolution on the agenda was deferred on the request of the
                                    mover that demanded the conduct of fresh census in Orakzai Agency.
                                    One private member's resolution was submitted by each male
                                    lawmaker of JI, PML-N, and MQM while two other resolutions were
                                    submitted by as many Independent male legislators. A supplementary
                      Presented     resolution was also moved by a PPPP lawmaker.

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
SESSION HIGHLIGHTS                  2.3 Reports
                                    The Standing Committees presented 27 reports on various issues referred
                                    to them by the House, of which seven were related to Senate Standing

                      79
                                    Committee on Interior, five to Finance, Revenue and Economic Affairs;
                                    three each to Law and Justice, Petroleum and Federal Education and
                                    Professional Training; two to Information, Broadcasting and one each to
                                    Aviation, Communications, National Food Security and Research and
                                    Overseas Pakistanis and Human Resource Development.
                       Starred
                                    Moreover, the government also presented five statutory reports in the
                      Questions     House during the session while the House granted extension to the
                                    committees for presentation of five reports.
                                    The House adopted the report of Standing Committee on Finance,
                                    Revenue and Economic Affairs on the depreciation of Pakistani rupee
                                    against dollar. Another report related to Standing Committee on Law

                      53
                                    and Justice was also adopted after consideration which was on a Point
                                    of Public Importance and related to the procedure for including names
                                    in the Black List and its legal value.

                Supplementary
                  Questions          3 Representation and Responsiveness
                                    This section gives statistical as well as qualitative overview of the
                                    legislators' interventions in the House – Questions, Calling Attention
                                    Notices (CANs), Motions under Rule 218 or any other motions – for
                                    oversight of the government and to articulate issues of public interest
                                    and importance.

                      51
                      Questions
                                    3.1 Questions
                                    According to the Rules of Procedure and Conduct of Business of the
                     Not Taken Up   Senate, the first hour of every sitting except Monday is reserved for
                                    asking and answering questions by the members.
                                    Although seven out of nine sittings were held on the days other than
                                    Monday, the House only observed the Question Hour during two sittings.
                                    The requirement to hold the Question Hour was suspended in the
                                    remaining sittings for holding debate on the Finance Supplementary
                                    (Second Amendment) Bill, 2019. The questions lapsed during the session

                        6
                      Questions
                                    would now be considered in the next session as per announcement by
                                    the Chair.
                                    The Rules of Procedure require the executive to answer a starred
                                    question orally as well as in writing while the un-starred questions are to
                                    be replied only in writing. Out of 79 starred questions, only 22 were taken
                     Disposed of    up for oral answers while six other questions were disposed of and the
                                    remaining 51 were not taken up. The lawmakers asked 53
                                    supplementary questions for further elucidation of the starred questions.
                                    Out of the total questions, 12 each were sponsored by three JUI-F, four

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FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
PPPP and four Independent lawmakers, 10 each by three MQM and
                                  three PML-N lawmakers, nine by four PTI lawmakers, eight by two JI
SESSION HIGHLIGHTS                lawmakers, four by a PkMAP lawmaker and two by as many NP
                                  lawmakers.

                     11
                      Calling
                                  The questions appearing on the list were addressed to nine ministries or
                                  departments of the government and their break-up is as follows:

                                   Sr. No.
                                      1
                                             Ministries
                                             Aviation Division
                                                                                          No. of Questions
                                                                                                  12
                     Attention        2      Cabinet Division                                      2
                                      3      Climate Change Division                               1
                      Notices
                                      4      Commerce and Textile                                  6
                                      5      Housing & Works                                       2
                                      6      Petroleum                                            23
                                      7      Energy (Power Division)                              21

                       9
                       CANs
                                      8
                                      9
                                             Religious Affairs and Inter-faith Harmony
                                             Water Resources
                                                            Total

                                  3.2 Calling Attention Notices
                                                                                                   6
                                                                                                   6
                                                                                                  79

                     Taken Up     The Assembly took up nine out of 11 CANs appearing on the Orders of
                                  the Day. The notices highlighted the issues of the decision of Peshawar
                                  High Court regarding FATA Interim Governance Regulation; non-
                                  operationalization of Sibbi-Harnei and Shahrag-Khost railway route;
                                  rape and murder of a minor girl in Abbottabad; detention of an official
                                  of High Commission of Pakistan in India; reducing the size of Public Sector

                       2
                      CANs
                                  Development Programs (PSDP) for Balochistan; miseries of displaced
                                  residents of Quaid-e-Azam University land; missing revenue target;
                                  surge in total debt of the country and increase in the Hajj expenses by
                                  the government this year.
                                  The House deferred two CANs on the request of the relevant ministers
                     Deffered     regarding revival of hundred years' old Mandra Chakwal-Bhoun Railway
                                  line and revision of flight duty time limitation of PIA.
                                  Three CANs were individually sponsored by two PPPP lawmakers, three
                                  by PML-N legislators, and one each by JI, NP and PkMAP Senators while
                                  two CANs were jointly sponsored by PPPP, MQM and JI lawmakers.

                       2
                      Motions
                                  3.3 Motions
                                  As many as 14 adjournment motions, five motions under Rule 218, a
                                  motion of thanks to the President for his Address to the Parliament were
                                  part of the Senate's Agenda for 286th session.
                     under Rule   The Chair admitted two Adjournment Motions (AMs) after examining
                       196-1      them under rules 85 to 89 of the Rules of Procedure and Conduct of
                                  Business in the Senate, 2012. Three AMs were rejected by the Chair while
                                  the remaining nine AMs were not considered by the House. The

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admitted motions were related to internal accountability system of FIA
                                      and the delay in announcement of the NFC Award.
SESSION HIGHLIGHTS
                                      The House did not consider five motions under Rule 218. These motions
                                      were about increase in the infant mortality rate; payment of royalty to

                         9
                   Members
                                      the Government of Azad Jammu and Kashmir on account of electricity
                                      being generated from Mangla Dam; human trafficking; health facilities
                                      at Islamabad's public hospitals and the foreign policy of Pakistan.
                                      Seven lawmakers participated in the debate on Presidential Address
                                      and spoke for 57 minutes. The Minister of State for Parliamentary Affairs
                     raising          concluded debate and spoke for 17 minutes. The House adopted a
                                      motion of thanks to the President for his address to the Parliament.
                 Points of Order

                                       4 Order and Institutionalization

                         5
                       Motions
                                      Oder and Institutionalization are important for an efficient and
                                      productive legislature. This section provides information about Points of
                                      Order, quorum and any instances of walkout during the proceedings.

                                      4.1 Points of Order
                      under Rule
                                       As many as nine lawmakers raised as many Points of Order (POs)
                        194-1
                                      consuming an hour and 10 minutes (five percent) of the proceedings.
                                      The discussion on most of the POs was related to the absence of ministers
                                      in the House to respond to the parliamentary interventions and not
                                      fulfilling the Constitutional obligation by the government to lay the

                         6
                                      ordinances in the Parliament.
                                      Moreover, 31 lawmakers raised matters of public importance
                                      consuming four hours and 47 minutes (18 percent) of the proceedings.
                                      These matters were related to killing of the civilians in Sahiwal by the
                      Instances of    Counter Terrorism Department, Punjab, as well as the regional,
                                      governance and political issues.
                     Identification
                       of Quorum      4.2 Quorum
                                      The issue of quorum kept on haunting the Senate session for some time
                                      and the quorum was identified on six occasions by the lawmakers
                                      belonging to NP, PPPP, PML-N and Independent. In the first instance, the
                                      quorum was found complete over the headcount while later on the

                         4
                                      identification of quorum led to the adjournment of one sitting and
                                      suspension of the proceedings for 59 minutes.

                                      4.3 Walkouts
                       Walkouts       The opposition lawmakers staged four walkouts during the session. The
                                      opposition's joint walkouts were instigated after the absence of Minister
                                      for Finance, Revenue and Economic Affairs to lay the Money Bill in the
                                      House, as well as the ministerial absence to respond to the
                                      parliamentary interventions and not fulfilling the Constitutional
                                      obligation by the government to lay the ordinances in the Parliament.
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About FAFEN
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     for strengthening citizens' voice and accountability in Pakistan since 2006.
§    FAFEN has harnessed information technology for real-time monitoring,
     facilitation and technical backstopping of partners for effective and result-based
     program delivery.
§    FAFEN is the only civil society group to have been invited by the Judicial
     Commission to present the evidence of illegalities and irregularities documented
     through the course of General Elections 2013 Observation. The systemic and
     procedural issues identified by FAFEN have been acknowledged by the
     commission in its detailed findings.
§    FAFEN's recommendations for electoral reforms have contributed to the work of
     Parliamentary Committee for Electoral Reforms.
§    FAFEN's advocacy for parliamentary transparency, accountability and reforms
     has shaped public discourse on parliamentary reforms. Improved citizens'
     access to parliamentary information including daily public release of
     parliamentarians' attendance records can be directly attributed to FAFEN's work.
§    FAFEN deployed 18,000 and 40,000 non-partisan and trained observers for the
     systematic observation of general election 2008 and 2013, respectively, largest
     citizens' observation ever undertaken in Pakistan.
§    FAFEN's evidence and recommendations for reforms have improved the quality
     of public and political discourse on elections, its issues and need for reforms.
     Leading political parties and media houses extensively use FAFEN's election
     findings and analysis to build a case for reforms.
§    With more than 25,000 followers on Twitter and around 144,000 on Facebook,
     FAFEN is considered one of the most reliable sources of electoral and
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