FAFEN’S REPORT ON ATTENDANCE AND QUORUM in National Assembly of Pakistan June, 2013 - March, 2018 FREE AND FAIR ELECTION NETWORK w w w . f a f e n . o r g I w w w . o p e n p a r l i a m e n t . p k National Assembly: Legislators’ attendance trend declines in five years Enforcement of Assembly's rules, presence of party leaders may improve Legislators' presence in the House FAFEN suggests eight recommendations to reform the parliamentary rules of business EXECUTIVE SUMMARY The average attendance per sitting of National Assembly (NA) legislators declined by 13% over the last five years. Analysis of attendance patterns suggests a link of the falling attendance rate with weak enforcement of parliamentary rules of procedure and general disinterest among political leaders to participate in parliamentary business. The annual average attendance per sitting declined from 222 (65%) legislators during the first year to 193 (56%) legislators during the fifth year. Similarly, session-wise attendance average fell from 311 (91%) per sitting during the first session in June 2013 to 192 (56%) in the last NA session that was prorogued sine die in March 2018. Attendance Patterns: According to the official records, each NA sitting was 101 and 150 legislators while two sittings were attended by an average of 60% legislators. Only five attended by less than 100 legislators. The attendance sittings were attended by 301 or more legislators, while also fluctuated on various weekdays. The average 42 sittings were attended by 251 to 300 legislators. A attendance on midweek days (Tuesday, Wednesday total of 212 sittings had an attendance between 201 and Thursday) is higher than the first and last working and 250 legislators, 174 had an attendance between days of the week (Monday and Friday). 151 to 200 legislators, 33 had an attendance between Relationship between Leaders and Members’ Attendance: A comparison of the attendance patterns of legislators, negative impact on attendance. According to the rules the Prime Minister (PM) and the party Chief Whips (CW) of procedure, the lawmakers may lose their seats if they reveals that average attendance declined during those stay absent from the proceedings for 40 consecutive sittings when the PM and the party CWs were absent. sittings without leave of the Assembly. However, the Similarly, weak application of parliamentary rules House did not process motions for de-seating regarding leave of absence also seems to have a legislators who had remained absent for more than 40 1 consecutive days during the 2014 protest against the government. No Consequence for Violation of Leave Rules: Rules for taking leaves require lawmakers to submit an Federal Ministers Ahsan Iqbal, Khwaja Asif and Sheikh advanced application to the Speaker for leave of Aftab, Minister of State Usman Ibrahim, Speaker Sardar absence. Enforcement of this rule remained weak as Ayaz Sadiq and Deputy Speaker Murtaza Javed Abbasi legislators did not incur any costs on disregarding it, are among the legislators whose applications for leave which encourages the practice of remaining absent of absence were never called out during five years. As from the proceedings without notice. Examination of the many as 12 of these lawmakers belong to the treasury Assembly's verbatim records suggests that at least 13 benches PML-N and one to PTI. lawmakers never applied for their leave of absence. Weak Rules Governing Quorum: The low attendance often leads the opposition required number was completed on the first headcount. legislators invoking the quorum rule that requires a FAFEN's parliamentary observation reveals that the minimum of one quarter of the total membership to be quorum was visibly lacking at numerous occasions but present in the House for taking up business. was ignored by legislators as well as the Chair. Lawmakers drew the attention of the House to the According to FAFEN's observation, 345 (74%) out of quorum 145 times during 130 sittings since the 468 sittings commenced and concluded with less than inauguration of the incumbent Assembly. As many 15 one-fourth of the House membership. sittings witnessed multiple quorum identifications. A total of 100 sittings had to be suspended or adjourned due to the lack of quorum, while at 45 instances, the 2 RECOMMENDATIONS Legislators' attendance and their active participation during parliamentary proceedings are crucial for improved functioning and quality outputs of the parliament. Keeping in view the constitutional requirements and the importance of legislators' participation during the proceedings, there is an urgent need to reform the parliamentary rules. Based on the findings of the report, FAFEN recommends that: Though the National Assembly provides the legislators' attendance on its website, these records do not reflect the actual time a Member spends on the floor of the House. The NA Secretariat should keep 1 records of the actual time spent by Members in proceedings. This information should be publicly available. Rules should be amended to warrant spontaneous ascertainment of quorum before any vote, particularly 2 on legislation, is undertaken in the House as well as at the outset of every sitting. Given the positive impact of the presence of the Leader of the House on Members' attendance, Rules of Procedure and Conduct of Business should be amended to require the PM to attend a defined number of 3 sittings during each session. Rules may be amended to regularize penalty against Ministers who do not ensure their or their representative's attendance especially on days when the Orders of the Day includes any agenda relevant 4 to their Ministries. Rules should be amended to regularize penalty for Members who remain absent from the Assembly session without leave of absence as permissible in the purview of Rule 40 of the Rules of Procedure and 5 Conduct of Business. The rule may include a cut-off date for submission of leave applications, beyond which their salaries and allowances for the days of absence may be deducted. The informal role of the Chief Whip should be formalized in the Rules of Procedure and Conduct of 6 Business. Strict adherence to a parliamentary calendar specifying the dates and timings of sessions and sittings should be included in the Rules of Procedure and Conduct of Business in an effort to improve the 7 attendance of legislators. Constitutional Amendment may be considered to allow for automatic disqualification of members who remain absent for 20 instead of 40 consecutive sittings without compelling reasons allowed through a 8 vote in the House. 3 INTRODUCTION AND METHODOLOGY This report provides an analysis of the responsibility for maintaining the the attendance of Members of the quorum on any of the presiding National Assembly (NA) from June officers, the government or the 2013 to March 2018. It is based on parliamentary parties. Moreover, the FAFEN's direct observation of the lack of quorum becomes an issue PROCESS OF parliamentary proceedings using a only when it is pointed out by the MARKING robust methodology based on the legislators. If the House conducts its ATTENDANCE Rules of Business. Moreover, the business without the required Legislators mark their report also analyses the official attendance, and no legislator points attendance on a register attendance records (available on the it out, the proceedings tend to available in the House. The NA's website) as well as data remain valid. This condition also daily attendance records are acquired through information applies while voting on pieces of also updated on the Assembly requests. legislation which directly have an website following each sitting. impact on the citizens' lives. If any Legislators' attendance and active Any requests by the legislators legislator identifies the lack of participation during parliamentary for leave of absence from any quorum, the Chair is required to proceedings is a fundamental sitting are voted upon in the adjourn or suspend the proceedings indicator of representation and House. The legislators desiring until the quorum is completed. safeguarding citizens' interests. leave of absence make a Usually, when a legislator points out Moreover, it also ensures that public written application to the the quorum, a headcount of the representatives are keenly Speaker who puts the legislators is conducted. If less than overseeing the government's question to the House. one-fourth of the total membership performance. is present, the Chair suspends the Conventionally, the Speaker Pakistan's Constitution and proceedings or orders for ringing of reads out the requests and parliamentary rules of business have the bells for a certain time period without seeking a vote defined a minimum attendance (customarily for five minutes) to alert declares that the leave is benchmark for the House the Members in the galleries or granted. A member may lose proceedings. Article 55(2) of the parliamentary lobbies to return to seat, if he/she stays absent Constitution of Pakistan, and Rule-5 the House. According to the without the leave of the of the National Assembly's Rules of Assembly rules, the suspension Assembly for 40 consecutive Procedure and Conduct of cannot be longer than an hour. sittings. However, this rule has Business, 2007 explain that an Following the bells or on the never been applied in the attendance of one-fourth of a total resumption of the proceedings, a parliamentary history of membership of the House second headcount is made and if Pakistan. constitutes the quorum of the the required numbers are still National Assembly. The Constitution incomplete, the proceedings are and the rules, however, do not fix adjourned for the next sitting. 4 LEGISLATORS' ATTENDANCE The 14th National Assembly took Analysis of attendance during sitting during the first session to 192 oath on June 1, 2013 and held 54 different parliamentary years and (56%) in the 54th session.