NATIONAL ASSEMBLY OF FAFEN PARLIAMENT MONITOR 14th SESSION September 13 - September 19, 2019

FREE AND FAIR ELECTION NETWORK www.fafen.org www.openparliament.pk ABBREVIATIONS ANP Awami National Party

AMLP Awami Muslim League Pakistan

BNP Balochistan National Party

CANs Calling Attention Notices

IND Independent Member

MQMP Muttahida Qaumi Movement Pakistan

PML Pakistan Muslim League

PML-N Pakistan Muslim League (Nawaz)

PPPP Parliamentarians

PTI Pakistan Tehreek-e-Insaf

GDA Grand Democratic Alliance

BAP Balochistan Awami Party

JWP Jamhoori Wattan Party

MMAP Muttahida Majlis-e-Amal Pakistan 68 Percent Lawmakers Remain Inactive During Total Sittings 14th NA Session 11 Private Members and six government bills introduced 4 Parliamentary Leaders of PML and BNP-M remain absent during entire session The National Assembly of Pakistan (NA) addressed 32% percent of its scheduled business during its 14th session that continued between Sep 13, 2019 and Sep 19, 2019, observes Free and Fair Election Network in its Working session report. Days Of 341 lawmakers, 108 (32 percent) including 83 men and 25 women contributed to the proceedings of the House by sponsoring various parliamentary interventions and/or contributing in the debates. The active lawmakers were from BNP-M, GDA, MMAP, MQM, PML, PML-N, 7 PPPP and PTI. On the other hand, as many as 233 (68 percent) lawmakers including 189 men and 44 women did not participate in the proceedings throughout the session. The overall business including regular and supplementary agenda considered by the House during 14th session comprised 11 private members and six government bills, four ordinances, seven resolutions, Cumulative three Calling Attention Notices (CANs) and seven standing committee Duration reports.

1 Session, Duration and Attendance

The 14th session of the National Assembly comprised four sittings held 9 between September 13, 2019 and September 19, 2019 spanning over Hours & 42 Minutes seven working days. The cumulative duration of the four sittings was nine hours and 42 minutes while breaks and suspension were observed for two hours and 14 minutes. Each sitting, on an average, started 33 minutes behind the scheduled time and lasted two hours and 25 minutes. The Prime Minister and Leader of the Opposition did not attend Total any of the sittings. Break Time The parliamentary leaders of PPPP and BAP attended all four sittings followed by PML-N and MMAP (three each), ANP and GDA (two each)

SSION HIGHLIGHTS and MQM and AMLP (one each). However, no sitting was attended by the parliamentary leaders of PML and BNP-M. 2 According to the headcount conducted by FAFEN observer, an Hours & 14 Minutes average of 63 lawmakers were present at the start and 66 at the adjournment of each sitting. The Speaker attended two and the Deputy

SE Speaker attended three sittings of the session. The speaker presided over 46 percent of the session i.e. four hours and 27 minutes and the Deputy

www.fafen.org 01 Speaker for three hours and one minute (31 percent of the proceedings).

Average Sitting Delay 2 Assembly Output

This section deals with the legislative business, resolutions, amendment to the rules, reports and documents presented before the House during 33 the session. 2.1 Legislation Minutes The legislative business scheduled for 14th session included 68 private members' bills and 12 government-sponsored bills. The House referred 11 private members' bills and six government bills to the relevant standing Members at Outset committees following their first reading i.e. introduction in the House. Six (Average) private members' bills were deferred due to absence of the concerned lawmakers. The House left the remaining 51 private members' bills unaddressed. The private members' legislation considered in the House was sponsored by the lawmakers belonging to PTI and MMAP. The House did not pass any bill during the session while four ordinances were also 63 laid in the House. present Below is the details of the bills, ordinances and amendments considered in the House.

2.1.1 Private Bills Introduced

Members at End 1 The Pakistan Broadcasting Corporation (Amendment) Bill, 2019 (Average) The bill seeks the role of Parliament to make laws and oversee delegated legislation related to Pakistan Broadcasting Corporation instead of Executive Government. Mover: Amjid Ali Khan (PTI) 66 Date of Introduction: Sep 17, 2019 present 2 The Pakistan Academy of Letters (Amendment) Bill, 2019

The bill seeks power to Parliament for making rules and overseeing delegated legislation related to Pakistan Academy of Letters instead of Executive Government. Mover: Riaz Fatyana (PTI) Maximum Date of Introduction: Sep 17, 2019 Member The Controller General of Accounts (Appointment, Functions and Powers) SSION HIGHLIGHTS 3 (Amendment) Bill, 2019 The bill seeks amendment for parliamentary role to make rules and oversee delegated legislation related to the Controller General of Accounts 226 (Appointment, Functions and Powers) instead of Executive Government. Mover: Riaz Fatyana (PTI)

SE Date of Introduction: Sep 17, 2019

www.fafen.org 02 SITTINGS DURATION (hh:mm) 3:03

2:24 2:16 1:59

1 2 3 4

KEY MEMBERS’ ATTENDANCE

Speaker Deputy Speaker Prime Minister Leader of the Opposition

Attended Presided over Attended Presided over Attended Spent Attended Spent 2 46% 3 31% 0 0% 0 0% Sittings I Proceedings Sittings I Proceedings Sittings I time in the House Sittings I time in the House

MEMBERS’ ATTENDANCE 105

79 77

63 62

47 42 41

1 2 3 4

Members Outset Members at End www.fafen.org 03 PARLIAMENTARY LEADERS ATTENDANCE

Syed Naveed Qammar Khalid Hussain Magsi Rana Tanveer Asad Mehmood 4 4 3 3 PPPP I attended BAP I attended PML-N I attended MMAP I attended

Khalid Maqbool Siddiqui Amir Haider Khan Sheikh Rasheed Ahmed 2 2 1 1 GDA I attended ANP I attended AMLP I attended MQMP I attended

M. Akhtar Mengal Ch. 0 0 BNP-M I attended PML I attended

www.fafen.org 04 The Chemical Fertilizers (Development Surcharge) (Amendment) 4 Bill, 2019 The bill seeks parliamentary role to make rules and oversee delegated legislation related to levy and collection of a development surcharge on chemical fertilizers instead of Executive Government. Mover: Amjid Ali Khan (PTI) 17 Date of Introduction: Sep 17, 2019 Total 5 The Safeguard Measures (Amendment) Bill, 2019 Bills The bill seeks power to Parliament to make rules and oversee delegated legislation related to imposition of safeguard measures instead of Executive Government. Mover: Syed Fakhar Imam (PTI) Date of Introduction: Sep 17, 2019

6 The Islamabad Transfusion of Safe Blood (Amendment) Bill, 2019

The bill seeks amendment for Parliamentary role instead of Executive 17 Government to make rules and oversee delegated legislation related to transfusion of safe blood. Bills Mover: Syed Fakhar Imam (PTI) Introduced Date of Introduction: Sep 17, 2019

7 The Transfer of Offenders (Amendment) Bill, 2019

The bill seeks amendment to empower Parliament instead of Executive government for making rules and overseeing delegated legislation related to transfer of a citizen of Pakistan convicted of an offence in a foreign country to Pakistan and a citizen of a foreign country convicted of an offence in Pakistan to that country. 11 Mover: Syed Fakhar Imam (PTI) Date of Introduction: Sep 17, 2019 Private Members’ The Islamabad Rent Restriction (Amendment) Bill, 2019 Bills Introduced 8 The bill seeks amendment to empower Parliament instead of Executive government to make rules and oversee delegated legislation about regulating the relations between the landlords and tenants of rented premises in the Islamabad Capital Territory. Mover: Riaz Fatyana (PTI) Date of Introduction: Sep 17, 2019

SSION HIGHLIGHTS 6 9 The Islamabad Club (Administration) (Amendment) Bill, 2019 Government The bill seeks amendment to empower Parliament instead of Executive Bills Introduced government to make rules and oversee delegated legislation related to proper administration of the affairs of the Islamabad Club. Mover: Amjid Ali Khan (PTI) SE Date of Introduction: Sep 17, 2019

www.fafen.org 05 SESSION HIGHLIGHTS Not T Resolutions Resolutions Or Resolution Adopted dinance 1 7 4 Laid 6 aken Up 11 10 4 3 2 1 2.1.2 Govt.BillsIntroduced The MutualLegalAssistance(CriminalMatters)Bill, 2019 The Banks(Nationalization)(Amendment)Bill,2019 The PakistanCoinage(Amendment)Bill,2019 Bill, 2019 The SuperiorCourts(CodeDressandModeofAddress)Order(Repeal), (Amendment) Bill,2019 The Press,Newspapers,NewsAgenciesandBooksRegistration The CriminalLaw(Amendment)Bill,2019(section292,293&294) Newspapers, Commission be Corporation or i judges amendment non- m The The The The The The n Date ofIntroduction: Mover Date ofIntroduction: Mover Date ofIntroduction: Mover Date ofIntroduction: Mover Date ofIntroduction: Mover Date ofIntroduction: Mover c a with l k u brought bills bill bill bills bill bill e d application

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P a g fine r n e not c 06 s to to s e - , The Loans for Agricultural Commercial and Industrial Purposes 5 (Amendment) Bill, 2019 The bill aims to avoid any legal implications and to safeguard the loans/funds of the Bank. Mover: Ijaz Ahmad Shah (PTI) Date of Introduction: Sep 13, 2019

2 6 The Joint Maritime Information Organization Bill, 2019 Amendments The bill seeks to constitute and regulate the Joint Maritime Information on Agenda Organization. Mover: Pervaiz Khattak (PTI) Date of Introduction: Sep 13, 2019

2.1.3 Ordinances

1 The Pakistan Penal Code (Amendment) Ordinance, 2019

The ordinance seeks to amend the Pakistan Penal Code, 1860 to the effect 1 that when conviction is based upon the evidence obtained from foreign country or where extradition is requested for, death penalty shall not be Amendment awarded by the Court. Adopted Mover: (PTI) Date of Introduction: Sep 13, 2019

2 The Federal Government Employees Housing Authority Ordinance, 2019

The ordinance aims to establish the Federal Government Employees Housing Authority for the purpose of planning and development of housing schemes for serving and retired Federal Government employees and other specified groups. 1 Mover: Ch. Tariq Bashir Cheema (PML-N) Amendment Date of Introduction: Sep 13, 2019

Not Taken Up 3 The National Counter Terrorism Authority (Amendment) Ordinance, 2019

Keeping in view the exigencies of national security / internal peace and order, the Ordinance seeks some amendments in NACTA ACT, 2013 for changing reporting hierarchy of NACTA. The purpose of these amendments is to make it more efficient and effective organization. Mover: Ijaz Ahmed Shah (PTI) Date of Introduction: Sep 13, 2019

SSION HIGHLIGHTS 10 4 The National Information Technology Board Ordinance, 2019 The ordinance aims to set up the National Information Technology Board for Reports/Papers e-governance across the country in line with the vision and policy of the Presented Federal Government to serve the public in more effective and efficient manner.

SE Mover: Dr. Khalid Maqbool Siddiqui (MQM) Date of Introduction: Sep 13, 2019 2.2 Amendments

The House adopted an amendment in the Rule 198 of the Rules of Procedure and Conduct of Business in National Assembly, 2007 to elect more than Standing Committee for a Ministry having more than one Division, where Divisions are headed by separate ministers. The motion for consideration of the amendment was passed with a majority vote as 141 79 lawmakers voted in its favor while no one opposed it. Questions 2.3 Resolutions

A total of seven resolutions appeared on the agenda during the session of which only one was considered and adopted. Following the resolution adopted by the House, an extension of 120 days was granted to the Naya Pakistan Housing and Development Authority Ordinance, 2019 with effect from with effect from September 17, 2019.

2.4 Reports 94 A total of seven reports and three papers were presented in the House during the session. The Standing Committee on Law and Justice Starred presented reports on the Whistleblower Protection and Vigilance Questions Commission Bill, 2019; the Letters of Administration and Succession Certificates Bill, 2019; the Legal Aid and Justice Authority Bill, 2019; the Enforcement of Women's Property Rights Bill, 2019; the Code of Civil Procedure (Amendment) Bill, 2019; the Constitution (Amendment) Bill, 2019 and the Islamabad High Court (Amendment) Bill, 2019. Two reports of Standing Committee on Finance were also presented in the House on the Foreign Exchange Regulation (Amendment) Bill, 2019 47 and the Anti-Money Laundering (Amendment) Bill, 2019. Questions 3 Representation and Responsiveness Un Starred This section gives statistical as well as qualitative overview of legislator's interventions in the House – Questions, Calling Attention Notices (CANs), Motions under Rule 259 or any other motions – for the oversight of government and to articulate issues of public interest and importance.

3.1 Questions

A total of 141 (94-starred, 47-unstarred) questions were raised during the session. Out of 94 Starred Questions, the House addressed 20 questions

SSION HIGHLIGHTS 39 while leaving the remaining 74 questions unaddressed due to absence of the movers, the concerned ministers or opposition's refusal to move Supplementary their questions. Questions In addition, the lawmakers asked 39 supplementary questions. The starred and un-starred questions appearing on the list were addressed

SE to ministries or departments of the government and their break-up was as following:

www.fafen.org 08 Ministries Starred Un-starred Total Federal Education and Professional Training 8 4 12 Aviation Division 3 2 5 Cabinet Division 6 2 8

Climate Change Division 4 4 Communication 5 3 8 Energy 18 13 31 Establishment Division 2 1 3 6 Foreign Affairs 1 1

Housing & Works 2 3 5 Calling Human Rights 3 1 4 Attention Industries & Production 2 4 6 Notices Information and Broadcasting 2 4 6 Information Technology and 1 1 Telecommunication Law and Justice 2 2 Maritime Affairs 1 1 National Food Security and Research 4 4 National Health Services, Regulations and 8 3 11 Coordination Parliamentary Affairs 1 1 3 Postal Services 1 1 2 Poverty Alleviation and Social Safety 6 1 7 CANs Division Railways 8 2 10 Taken Up Religious Affairs and Inter-faith Harmony 1 1 2 Science and Technology 1 1 Water Resources 5 1 6 Grand Total 94 47 141

3.2 Calling Attention Notices

The House took up three out of six CANs appearing on the agenda 3 during 14th session. The addressed CANs highlighted issues related to problems being faced by students who were not granted admission in CANs colleges or schools of Islamabad, increase in the prices of essential Remained commodities at utility stores and non-provision of interchange on Unaddressed Peshawar-Islamabad Motorway for Islamabad International Airport. 3.3 Motions

The House skipped five Motions under Rule 259 appearing on the agenda during the session.

4 Order and Institutionalization

SSION HIGHLIGHTS 5 Order and institutionalization are important for an efficient and productive legislature. This section provides information about the Motion members' Question of Privilege, Points of Order, Quorum and any under Rule instances of walkout, protest or boycott during the proceeding. 259 SE

www.fafen.org 09 4.1 Points of Order

As many as 32 Points of Order (POs) were raised in the House consuming two hours and 52 minutes of the proceedings. These POs highlighted the issues related to law and order, media and political issues. 32 4.2 Walkouts and Protest The House witnessed two walkouts and a protest by the opposition Members during the session. The opposition walked out during the proceedings in raising the third sitting when the Chair disallowed the opposition lawmakers to Points of Order debate a bill seeking constitutional amendment. During the same sitting, PPPP lawmakers also walked out against refusal of the Chair to give them floor for points of order. These walkouts consumed an hour and three minutes of the proceedings. In addition, the Opposition lawmakers staged a protest for ten minutes in fourth sitting against the Speaker who did not allow them to speak on 4 points of order. Instances of 4.3 Quorum

Identification The lawmakers belonging to PPPP and PML-N identified the lack of of Quorum quorum for four times throughout the session. On first instance during the first sitting, the quorum was found complete upon headcount while in another case during third sitting, the proceedings was adjourned for an hour. However, the 3rd and 4th sittings were adjourned due to quorum issue. 2 Walkouts

SSION HIGHLIGHTS 1 Protest SE

www.fafen.org 10 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.

Free and Fair Election Network www.fafen.org www.openparliament.pk www.parliamentfiles.com

This report is based on direct observation of the proceedings of the National Assembly conducted by Free and Fair Election Network. Every effort has been made to keep this report, which deals with on-floor performance of the Members, accurate and comprehensive. Errors and omissions are excepted.