FAFEN PARLIAMENT MONITOR - 286 SESSION January 21 - February 1, 2019 HOUSE OF FEDERATION
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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
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
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 www.fafen.org 01
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). www.fafen.org 02
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 www.fafen.org 03
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 www.fafen.org 04
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. www.fafen.org 05
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. www.fafen.org 06
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 www.fafen.org 07
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 www.fafen.org 08
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. www.fafen.org 09
About FAFEN § FAFEN is one of the most credible networks of civil society organizations working 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 parliamentary information in the country. www.openparliament.pk I www.parliamentfiles.com Free and Fair Election Network www.fafen.org
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