PROVINCIAL ASSEMBLY OF KHYBER PAKHTUNKHWA PERFORMANCE APPRAISAL FAFEN PARLIAMENT MONITOR. Fourth Parliamentary Year

Transcription

1 ANNUAL PERFORMANCE APPRAISAL PROVINCIAL ASSEMBLY OF KHYBER PAKHTUNKHWA Fourth Year Free and Fair Election Network I FAFEN PARLIAMENT MONITOR

2 LIST OF ABBREVIATIONS ANP CAN CM JI PML-N JUI-F PO PPPP PTI QWP-S Awami National Party Call Attention Notice Chief Minister Jamaat-e-Islami Pakistan Muslim Leaguse - Nawaz Jamiat Ulema-e-Islam Points of Order Pakistan People's Party Parliamentarian Pakistan Tehreek-e-Insaf Qoumi Wattan Party - Sherpao

3 EXECUTIVE SUMMARY KP ASSEMBLY WITNESSES IMPROVEMENT IN WORKING HOURS, MEMBERS' PARTICIPATION n Legislative output and executive oversight also improve n Average Attendance Per Sitting remains 58% n Late commencement of proceedings becomes routine n Number of protests, identification of quorum increase n Committees review only 10 percent of the bills The Provincial Assembly of the Khyber Pakhtunkhwa (KP) registered an increase in its annual working hours, participation of lawmakers, legislative output and the executive oversight during the fourth parliamentary year. However, no improvement was seen in the attendance of lawmakers, adherence to the Assembly's schedule and the conduct of legislators in the House when compared with the preceding year. During the reporting year, the Assembly held 56 sittings and met for 95 hours and 18 minutes, showing 69 percent increase in the duration of proceedings. The time consumed in various breaks registered a decline from 13% to five percent, while the number of non-participating lawmakers in the House decreased from 32 to 19 legislators. On the other hand, the bills and the resolutions passed during the reporting year witnessed an increase of 78% and 29%, respectively. Similarly, the lawmakers asked 347 questions as compared to the last year's 187 questions. The attendance of the lawmakers did not improve from an average of 71 lawmakers (58%) per sitting over the last two years. The Leader of the House attended 29% sittings during the third and the fourth parliamentary years. His attendance was recorded highest (51%) during the first year of the Assembly. Moreover, the commencement of the proceedings continued to witness long delays. The average delay in the scheduled time of sittings increased from third year's 29 minutes to 35 minutes this year. The lawmakers staged 21 protests and identified quorum 31 times during the reporting year. These figures are three times higher than the protests and quorums recorded during the preceding year. The House passed 48 pieces of legislation, including eight Private Members' bills. The legislation mainly focused on setting up new institutions and introducing administrative changes in various publicsector organizations while other subjects included health, education, transparency and judiciary. The Assembly also passed bills to validate the appointments and regularize the services of the government employees in health, transport, information technology and irrigation departments. The provincial local government law was also amended five times during the year. Moreover, the Assembly approved the landmark legislation on the prevention of conflict of interests of public officeholders and the protection of whistleblowers. The lawmakers increased their salaries as well as those of the Speaker, Deputy Speaker, Chief Minister and the Cabinet Members. The House, through 49 resolutions, made recommendations to the federal and provincial governments on various issues related to the China Pakistan Economic Corridor (CPEC), governance, aviation's operations in the province, electoral reforms, FATA reforms, education, parliamentary affairs and the international affairs. The House also reaffirmed its resolve to fight terrorism and condemned the incidents of terrorism in Quetta and the Holy City of Madina. On women legislators' motion, the House adopted a resolution to condemn the increasing trend of violence against women. The lawmakers performed the executive oversight and public representation by raising 347 questions, 71 Call Attention Notices and six Adjournment Motions during the reporting year. The House took up 151 questions, 37 Call Attention Notices and all Adjournment Motions to seek treasury's response on the issues of public importance.

4 ر ل: ا ا او ت ر ا ارا رروا ر ہ ا اد اور ارا ا ت اد ا او ى ح ٥٨ ر او ت دورانا ل ر ا ا ا ى د ارا ر اور ا ان رروا ا اد ا ت اور ہ ا ر اوٹ ر ا ر ى و ى اور ارا ا ر ٥٦ دورانا ل ر دورا ل ے ر ر اور ا رہ دورا ٩٥ دورا دوران رروا ں ان ز دہ ٦٩ رروا ے ل ا ا ح ١٣ ر ا ١٩ ٣٢ اد ارا وا اور ٢٩ ٧٨ اد اور اردادوں دہ ا اد ٣٤٧ ا ت ارا ا ا س ١٨٧ آ ا د ا ى او اس س ارا س ( ارا ٧١ ٥٨) او اد ا ا ان وز ا ے س ح ٢٩ ں ى دى ان ى ح ر ل ز دہ (٥١ ( آں اس س رروا آ ز د م ا و ت او ٣٥ د وع ا س رروا او ٢٩ ر ر ارا اس س ٢١ ا ان ا ج اور ٣١ رم ان دو ں ا ر ں ل ا د آ ا اس س ٤٨ دات ر ارا دہ آ دات اس س ن زى ر رى اداروں ا ں اور اداروں م اور ت ر ا ا رٹ ا ر اور آ ں ر ز ا ر ں ن ا اس وہ ا ہ ر وا ا اد دات اؤ ا اد اور اداروں ا وا ا اد د ن زى در ا ارا ا ڈ وز ا اور ار ن ا ں ا رى دى ان اردادوں ٤٩ اردادوں ل ر دى را ارى ا ں ك اور و ا ان ذر اور ر ت ت ا ا ت ا زى ا ا دى د ا ان ا ر ت ں ا ر دى د اور ا دہ اور م ا وہا ان اس وا ت ر ن د ف ا ذر ارداد دہ ا ا ارا ا ہ اور ا ا ٣٤٧ ا ت ٧١ د ؤ اور ر ا ا ا ان ١٥١ ا ت ٣٧ د ؤ اور ر ا ا ز آ

5 ASSEMBLY COMPOSITION The total membership of Khyber Pakhtunkhwa Assembly is 124 Gender Representation * One Minority Seat is lying vacant due to Elected Reserved for Women Minority death of Lawmaker MEMBERS TO POPULATION RATIO Total Population 26,392,939 Population per Representative 212,846 Population estimates as on 30 June, 2015 PARLIAMENTARY PARTIES GOVERNMENT AND OPPOSITION ALLIANCES Government Alliances PTI 55 QWP-S 10 JI 7 AJIP 5 IND 2 Opposition Alliance * AJIP has merged into PTI JUI-F 17 PML-N 16 PPPP 6 ANP 5

6 1 PROCEEDINGS DURATION, ATTENDANCE AND PARTICIPATION This section gives the details of the schedule and duration of sessions as well as the members' attendance, maintenance of quorum and participation of members. It also reviews the presence of key members Leader of the House, Leader of the Opposition, Speaker and Deputy Speaker and the time they spent on the floor of the House. Total Sessions Total Sittings Total Duration Hours and 18 minutes

7 SESSIONS' DURATION The Provincial Assembly of the Khyber Pakhtunkhwa held six sessions comprising 56 sittings and 100 working days during the fourth parliamentary year. The working days include the sittings as well as two consecutive off-days. The cumulative duration of the proceedings remained 95 hours and 18 minutes, 41% longer than the previous year. All the sittings except one started behind their scheduled time, facing an average delay of 37 minutes. The average duration of the sittings remained one hour and 42 minutes. Five percent of the working hours (four hours and 38 minutes) was consumed in suspension of proceedings. NUMBER OF SITTINGS TOTAL SESSION TIME (hh:mm) :13 10:42 30:37 07:42 05:04 22:00 th 19 th 20 st 21 nd 22 rd 23 th 24 th 19 th 20 st 21 nd 22 rd 23 th 24 KEY MEMBERS' ATTENDANCE SPEAKER DEPUTY SPEAKER CHIEF MINISTER LEADER OF OPPOSITION Attended 35 out of 56 sittings. Attended 52 out of 56 sittings. Attended 15 out of 56 sittings. Attended 24 out of 56 sittings. Among key lawmakers, the Speaker attended 35 out of 56 sittings and presided over the sessions for 59 hours and 16 minutes (62% of working hours). The Deputy Speaker attended 42 sittings and chaired proceedings for 31 hours and 33 minutes (33% of working hours). The Leader of the House (Chief Minister) attended 16 sittings for 26 hours and 16 minutes (28% of the proceedings) while the Leader of the Opposition attended 31 sittings for 47 hours and 38 minutes (50% of the proceedings). PARLIAMENTARY LEADERS' ATTENDANCE Inayat Ullah Sardar Aurangzeb Shah Ram Tarki M. Ali Shah Sikandar Hayat Sardar Hussain JI PML-N AJIP PPPP QWP-S ANP 44/56 40/56 33/56 30/56 26/56 25/56 Besides these, the parliamentary leader of JI attended 44 sittings, followed by the leaders of PML-N and ANP who attended 40 sittings each. Similarly, the parliamentary leaders of AJIP, QWP-S and PPPP attended 33, 26 and 14 sittings, respectively.

8 AVERAGE ATTENDANCE According to attendance record of the lawmakers available on the Assembly's website, the average attendance of lawmakers during the sittings remained 57% (71 out of 124). FAFEN also conducts the headcount at the start and end of each sitting. As per these headcounts, on an average 35 (28%) members were present at the outset and the adjournment of the sittings th 20th 21st 22nd 23rd 24th Members at Outset Members at End Maximmum Members MEMBERS PARTICIPATION FAFEN classifies members' participation in three categories; members submitting agenda on the List of Business; those participating in on-floor debates and lawmakers taking part in both these activities. The members may participate in the proceedings by contributing agenda items or taking part in the discussions on the floor of the House. Among 123 members of the KP Assembly, 104 (85%) participated in the proceedings by either contributing to the agenda, or taking part in the debates or doing both at the same time. Thirty-three lawmakers (27%) submitted the agenda items, 14 members (11%) took part in the debates while 57 members (46%) submitted the agenda items as well as took part in the debates. The participating lawmakers included 46 members of PTI, 16 of JUI-F, 13 of PML-N, nine of QWPS seven of JI, six of PPPP, four of ANP, two of AJIP and an independent lawmaker. PTI 10 JUI-F PML-N 3 QWP-S 1 JI 56 Total Members Total Members Total Members Total Members 9 Total Members 7 7 PPPP AJIP ANP Independent 1 Total Members Total Members 5 3 Total Members Total Members 1 1 Participating Members Non-Participating Members NON-PARTICIPATING MEMBERS On the other hand, 19 lawmakers did not take part in the proceedings. All non-participating lawmakers, who make up 15 percent of the total membership, were males. They included 10 members of PTI, three each of PML-N and AJIP and one each of QWP-S and ANP. In addition, one independent lawmaker was also among the non-participating members.

9 PARLIAMENTARY FUNCTIONARIES' ATTENDANCE ADVISORS Name of Members Designation Absent Leave Present Total Mushtaq Ahmad Ghani Advisor Akbar Ayub Khan Advisor Malik Qasim Khan Khattak Advisor Shakeel Ahmad Advisor PARLIAMENTARY SECRETARIES Name of Members Designation Absent Leave Present Total Aisha Naeem Nagina Khan Javed Nasim Khatoon Bibi Khaliq Ur Rehman Fazal Elahi Dina Naz Saeed Gul Shuakat Ali Yousaf Zai Tufail Anjum Ihtesham Javed Akber Khan Nargas Azizullah Khan Bibi Fozia Haider Ali

10 Name of Members Designation Absent Leave Present Total Nadia Sher Ubaid Ullah Mayar Muhammad Ali Tarkai MINISTERS Name of Members Designation Absent Leave Present Total Inayat Ullah Minister Muzafar Said Minister Haji Qalandar Khan Lodhi Minister Shah Farman Minister Habib Ur Rahman Minister Imtiaz Shahid Minister Anisa Zeb Tahirkheli Minister Mahmood Khan Minister SPECIAL ASSISTANTS Name of Members Designation Absent Leave Present Total Arif Yousuf Special Assistants Arshad Ali Special Assistants Abdul Karim Special Assistants Abdul Munim Special Assistants Shah Muhammad Khan Special Assistants Muhibullah Khan Special Assistants Syed Mohammad Ishtiaq Special Assistants

11 2 PARLIAMENTARY OUTPUT This section deals with the legislative business, resolutions, reports and documents presented before the House during the session. Total Bills 48 Total Resolutions 55 Reports 40

12 LEGISLATION Article 142 of the Constitution empowers a Provincial Assembly to make laws for the respective province with regards to criminal procedure and evidence, criminal law and on any matter not enumerated in the Federal Legislative List. As per sub-rule (1) of Rule 78 of Rules of Procedure of the Assembly, a minister may introduce a bill after giving to the secretary a written notice of his intention to do so. Sub-Rule 2 states that the notice shall be accompanied by a copy of the bill together with a statement of objects and reasons, signed by the minister Government Bills Passed Private Bills Passed 42 Introduced as Bill Ordinance Legislation Type Amendment New Law The Provincial Assemblies are constitutionally empowered to legislate for their respective provinces with regards to the criminal law, criminal procedure, evidences, and on any matter that does not fall under the domain of the federation. This legislation may be initiated by the ministers or private lawmakers. The Khyber Pakhtunkhwa Assembly passed 40 government and eight Private Members' Bills during the fourth parliamentary year, whereas the House passed 27 pieces of legislation last year. Half of the bills passed during the fourth year were amendments to the existing statutes while the remaining fifty percent proposals were new legislation. Six of these laws were originated as ordinances while the remaining bills were introduced in the Assembly through regular legislative procedure. Moreover, only five of the 48 bills were reviewed by the committees. The fourth year's legislative output included three bills originally introduced during the third parliamentary year and one bill introduced during the second parliamentary year. On average, each bill took 47 days from introduction to passage. The Khyber Pakhtunkhwa Prevention of Conflict of Interest Bill, 2016 took the longest period of 791 while 14 bills were passed the same day when introduced in the House. PASSED LEGISLATION Government Bills Passed 1. The Khyber Pakhtunkhwa Universities (Amendment) Bill, 2016 The law aimed to amend the Khyber Pakhtunkhwa Universities Act, 2012 proposed changes in the administrative structure of the universities. Moreover, a new clause was inserted in the existing law providing for zero discrimination in admission to universities on basis of gender, religion, creed, caste, class, colour and domicile. 2. The Khyber Pakhtunkhwa Ehtesab Commission (Amendment) Bill, 2016 The amendment sought to define the time period and eligibility criteria for filling in vacancy in the office of the Director General of the Khyber Pakhtunkhwa Ehtesab Commission. 3. The Khyber Pakhtunkhwa Limitation (Amendment) Bill, 2016 The amendment sought deletion of the sections 147 and 148 in the First Schedule of the Limitation Act The deletion aimed at removing restrictions on legal proceedings in property mortgage cases.

13 4. The Khyber Pakhtunkhwa Finance Bill, 2016 The bill provided for the public revenue and expenditure during the financial year of The Khyber Pakhtunkhwa Galiyat Development Authority Bill, 2016 The bill sought to reconstitute the Galiyat Development Authority, originally established in 1996, by changing its administrative structure and giving representation to the private sector in the Authority. 6. The Khyber Pakhtunkhwa Local Government (Amendment) Bill, 2016 The bill proposed to amend the sections 79 and 84 of the KP Local Government Act 2013 relating to the election of Nazim and Naib Nazim and the fiscal powers of the local governments. 7. The Khyber Pakhtunkhwa Prevention of Conflict of Interest Bill, 2016 The law sought to lay down conflict-of-interest principles for the public office holders to prevent and minimize the possibility of conflicts arising between the private interests and public duties of public office holders. It also provided for establishing a Commission with the mandate to determine the measures necessary to avoid any possible conflict of interest. 8. The Khyber Pakhtunkhwa Taking Over of the Industrial Estate or Economic Zones Bill, 2016 The law provided for the shifting of administrative control, assets and liabilities of the Khyber Pakhtunkhwa's Industrial Estates to the Khyber Pakhtunkhwa Economic Zones Development and Management Company. 9. The Khyber Pakhtunkhwa Tuberculosis Notification Bill, 2016 The law sought to declare the Tuberculosis a notified disease so that its each case is reported to the government on a standardized form. 10. The Khyber Pakhtunkhwa Higher Education Academy of Research and Training Bill, 2016 The law was aimed to establish the Khyber Pakhtunkhwa Higher Education Academy and to impart training and build capacity of the academic and managerial staff of the Higher Education, Archives and Libraries Department. 11. The Khyber Pakhtunkhwa Tibb and Homeopathic Employees (Appointment) Bill, 2016 The law provided for the regularization and validation of the appointments of Tibb and Homeopathic employees working in Homeo Tibb-e-Islami Dispensaries. 12. The Khyber Pakhtunkhwa Faculty of Paramedical and Allied Health Sciences Bill, 2016 The bill aimed at reorganization of the Khyber Pakhtunkhwa Medical Faculty established under 1916 Act to register the paramedic and allied health professionals. The purpose of the reorganization is to facilitate education and training of the paramedic staff in the province. 13. The Khyber Pakhtunkhwa Whistleblower Protection and Vigilance Commission Bill, 2016 The law enables the citizens to make public interest disclosure relating to the irregular, illegal or corrupt practices in the public sector and provides for protection of the whistleblower against any harmful act. 14. The Khyber Pakhtunkhwa Police Bill, 2017 The law aimed at bringing reforms to the police force, including separation of Police department from political and personal interests by granting the provincial police chief full control over financial matters, transfers and postings of the police officers and staff. 15. The Khyber Pakhtunkhwa Blood Transfusion Safety Authority Bill, 2016 The law aimed at establishing Khyber Pakhtunkhwa Blood Transfusion Safety Authority to ensure prevention of diseases transmittable during the transfusion of blood. The bill prohibits use of medically unfit blood for transfusion purpose to control HIV, Hepatitis B and C and other diseases. 16. The BRAINS Institute Bill, 2016 The law provided for the establishment of Brains Institute to impart study and award degrees in the disciplines of management, information technology and engineering. 17. The Khyber Pakhtunkhwa Public Private Partnership (Amendment) Bill, 2016 The bill sought to amend the KP Public Private Partnership Act, 2014 making it compulsory to seek Chief Minister's approval for entering in to public private partnership in case of projects worth more than rupees five hundred million. 18. The Khyber Pakhtunkhwa Urban Mass Transit Bill, 2016 The law provided for the establishment of the KP Urban Mobility Authority and Urban Transport Companies to regulate mass transit system in the province.

14 19. The Khyber Pakhtunkhwa Commission on the Status of Women Bill, 2016 The law aimed to set up the KP Commission on the Status of Women with a mandate of promoting women rights and sought elimination of all forms of discrimination against them. 20. The Khyber Pakhtunkhwa Lissaail-e-wal Mahroom Foundation (Amendment) Bill, 2016 The amendment sought to validate the enforcement of the Lissaail-e-wal Mahroom Foundation Act, 2015 with effect from July 1, The Khyber Pakhtunkhwa Minerals Sector Governance Bill, 2016 The bill provided for an institutional mechanism to regulate the mining of the minerals in the province by setting up the Minerals Investment Facilitation Authority and the Minerals Titles Committee. 22. The Khyber Pakhtunkhwa Public Procurement Regularity Authority (Amendment) Bill, 2016 The bill sought to empower the Khyber Pakhtunkhwa Public Procurement Regularity Authority to make regulations and lay down codes of ethics and procedure for procurement and inspect the quality of goods, work and services procured under the law. The Authority was also permitted to delegate its functions to the Managing Director. 23. The Khyber Pakhtunkhwa Boilers and Pressure Vessels Bill, 2016 The law aimed at regulating the boilers and pressure vessels in the province by setting up the KP Boilers and Pressure Vessels Safety Board. Under the law, the use of unregistered or uncertified boilers is prohibited. 24. The Khyber Pakhtunkhwa Ehtesab Commission (Amendment) Bill, 2017 The amendment restricted the powers of the Ehtesab Commission to inquire into imprudent and defaulted bank loans by conditioning it with the reference from the Governor State Bank of Pakistan. 25. The Khyber Pakhtunkhwa Ministers (Salaries, Allowances and Privileges) (Amendment) Bill, 2017 The law increased the salary of the Chief Minister from forty thousand rupees to two hundred thousand rupees and the salary of the ministers from thirty-five thousand rupees to one hundred and eighty thousand rupees. 26. The Khyber Pakhtunkhwa Salaries, Allowances and Privileges Laws (Amendment) Bill, 2017 The law increased the salary of the Member Provincial Assembly from eighteen thousand rupees to eighty thousand rupees, the salary of the Speaker from eighty thousand rupees to one hundred and fifty thousand rupees and the salary of the Deputy Speaker from fifty-four thousand rupees to one hundred and forty-five thousand rupees. 27. The Khyber Pakhtunkhwa Technical Education and Vocational Training Authority (Amendment) Bill, 2017 The amendment sought to empower the Chief Minister to appoint the Chairperson of the KP Technical Education and Vocational Training Authority and reorganize the board of the authority. 28. The Khyber Pakhtunkhwa Consumer Protection (Amendment) Bill, 2017 The amendment authorized the Additional District and Session Judge to preside over the consumer courts set up under the KP Consumer Protection Act, The Khyber Pakhtunkhwa Minerals Sector Governance (Amendment) Bill, 2017 The amendment authorized the Minerals Title Committee to grant license and mining lease to any public or private sector enterprise in any circumstances. Earlier, this authorization was limited to the unavoidable circumstances only. 30. The Khyber Pakhtunkhwa Private Schools Regulatory Authority Bill, 2017 The law aimed at establishing institutional mechanism for regulating the functioning of private schools in the province. 31. The Khyber Pakhtunkhwa Food Safety Authority (Amendment) Bill, 2017 The amendment sought to regulate the production and sale of halal food items. 32. The Khyber Pakhtunkhwa Local Government (Amendment) Bill, 2017 (Insertion of new section 17-A, Amendment of section 27 and Amendment of Second Schedule of Act XXVIII of 2013) The amendments provided for the establishment of the District Council Secretariats and creation of Tehsil Council in Besham. 33. The Khyber Pakhtunkhwa Civil Courts (Amendment) Bill, 2017 The law sought to enhance the pecuniary limit of the civil courts from one million rupees to ten million rupees. 34. The Khyber Pakhtunkhwa Mental Health Bill, 2017 The law aimed at establishing the Provincial Mental Health Authority for the treatment and care of the mentally

15 disordered persons and their families. 35. The Khyber Pakhtunkhwa Vaccination (Amendment) Bill, 2017 The law provides for the periodic vaccination of the children to prevent them against various diseases like Hepatitis, HIV, measles etc. 36. The Khyber Pakhtunkhwa Local Government (Third Amendment) Bill, 2017 The amendment sought to remove the Communication and Works department from the control of the district administration. 37. The Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Bill, 2017 The legislation provided for free and compulsory education at the primary and secondary levels to all children aged five to 16 residing in the province. The law was enacted in compliance with the Article 25A of the Constitution that provides for universal free education for the children. 38. The Khyber Pakhtunkhwa Public Private Partnership (Amendment) Bill, 2017 The amendment sought to authorize special exemptions for the Public Private Partnership projects undertaken by companies owned by federal or provincial governments. These projects would be exempted from the requirements of the selection criteria and procedure set in the Public Private Partnership Act, The Khyber Pakhtunkhwa Local Government (Amendment) Bill, 2017 (Amendment of section 53 of Act XXVIII of 2013) The amendment sought to empower the government to allocate public interest fund for the local governments in the province. 40. The Khyber Pakhtunkhwa Local Government (Amendment) Bill, 2017 (Amendment of section 9, Fourth Schedule and addition of Eighth Schedule of Act XXVIII of 2013) The amendment sought to declare the buildings and lands located in the University Town, Peshawar commercial property subject to payment of commercialization fees. These lands and buildings may be used for commercial, educational, government and non-government offices, diplomatic mission offices, clinics, guest houses and other such uses. Private Bills Passed 1. The Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Bill, 2016 The law prohibited the business and practices of private money-lending on interest basis. The violation of the provisions of the law is declared an offence punishable with the imprisonment of three years to ten years and fine of one million rupees. 2. The Khyber Pakhtunkhwa Adhoc Employees of Directorate of Information Technology (Regularization of Services) Bill, 2016 The law provided for the regularization of the services of the Deputy Director, Network Manager, Accountant, Computer Operator and Manager appointed in the Directorate of Informational Technology during 2011 on adhoc basis. 3. The Khyber Pakhtunkhwa Planning & Monitoring Cell, Irrigation Employees (Regularization of Services) Bill, 2017 The law provided for the regularization of the services of the staff working on contract and fix-payment basis in the Provincial Planning and Monitoring Cell of Irrigation Department. 4. The Khyber Pakhtunkhwa Employees of Health Department (Regularization of Services) Bill, 2017 The law provided for regularization of the services of doctors and specialists serving in various hospitals and health centers across the province who were appointed on ad-hoc or contractual basis to civil and project posts. 5. The Khyber Pakhtunkhwa Health Foundation (Amendment) Bill, 2017 The amendment sought to make provisions for public private partnership in health-related projects and to constitute a Technical Committee of the Foundation to oversee and implement the health-related policies. 6. The Khyber Pakhtunkhwa Medical Teaching Institutions Reforms (Amendment) Bill, 2017 The amendment sought to revise the management structure of the medical teaching institutions by empowering the chairpersons of the Board of Governors to appoint the staff in the institutions. However, these appointments would be subject to approval of the management committee.

16 7. The Khyber Pakhtunkhwa Employees of Transport Department (Regularization of Services) Bill, 2017 The law aimed at regularizing the services of employees including Doctors, Drug Inspectors and other employees appointed on contract and ad-hoc basis in Provincial Health Department. 8. The Khyber Pakhtunkhwa Ehtesab Commission (Second Amendment) Bill, 2017 The bill aimed to set up a Selection Committee for making appointments of the Commissioners, Director General, Prosecutor General and Director Internal Monitoring and Public Complaints Wing in the KP Ehtesab Commission.

17 RESOLUTIONS The House, through resolutions, expresses its opinion, makes recommendations or conveys a message to the executive on an important matter of public concern. The government ministers as well as private members may move resolutions. The lawmakers initiated 55 resolutions in the Assembly during the reporting period. Only 12 of these resolutions appeared on the List of Business while the remaining 43 were moved as supplementary agenda items. The House adopted 49 of these resolutions while five remained unaddressed and one was rejected. 5 1 Total Resolutions Adopted Not Taken Up Rejected Government Joint Private Bills PARTY-WISE RESOLUTIONS The lawmakers belonging to JUI-F moved six resolutions, PML-N four, JI and PPPP three each, QWP-S and PTI two each and ANP one. Moreover, as many as 34 resolutions were jointly sponsored by various parties' lawmakers. The women lawmakers sponsored ten resolutions on their own and co-sponsored 16 resolutions with their male counterparts. The resolutions highlighted various issues related to governance, education, health, agriculture, irrigation, employment regulations and energy crisis. Jointly 33 JUI-F 6 JI 4 PML-N 4 PPPP 3 PTI 2 QWP-S 2 ANP 1 THEME OF RESOLUTIONS Governance The Assembly adopted eight resolutions on governance-related matters. It recommended the federal government through the provincial government to lift ban on appointment of female staff in NADRA offices, resolve the issue of CNICs blocking, abolish Riba (interest) in the country and give the Khyber Pakhtunkhwa autonomy in tobacco-related matters. The House also urged the provincial government to expand the entry and exit points of the M1 Motorway Toll- Plaza, upgrade the Patwaris of Irrigation department from grade 9 to grade 11 and ensure adequate natural gas pressure in Officers Colony, Peshawar. Aviation The Assembly asked the federal government to provide details of the recruitments in Pakistan International Airlines (PIA), restore Swat Airport, operate daily flights from Peshawar to Lahore, ensure compliance of flight schedules and conduct inquiry into PIA air crash in Havelian.

18 International Affairs The Assembly condemned the Indian atrocities on civilian population in the Occupied Kashmir, killings of Muslims in Syria and Burma, American attack on Syria and the imposition of ban on passengers of seven Muslims countries to travel to United States of America. The House also urged the federal government to convene a joint sitting of the Parliament to discuss the US attack on Syria. Moreover, the Assembly recommended the federal government to further strengthen its ties with the United Arab Emirates. China Pakistan Economic Corridor The House made four recommendations to the federal government through the provincial government on China Pakistan Economic Corridor and its affiliated projects. The Assembly recommended early completion of the western route of CPEC and inclusion of Malakand and Hazara divisions in CPEC. Moreover, the House suggested to construct an overhead bridge in Abbottabad under CPEC and pay compensation amount to the affectees of Suki Kinari Hydro Power Project at the rate applicable for Dasu Hydro Power Project. Terrorism The House advised the federal government to put the religious hate speech cases under Anti-Terrorism Act and take strict measures to curb terrorism in the country. Moreover, the House demanded the immediate execution of Indian spy Kulbhushan Jhadev sentenced to death by a military court for his involvement in the acts of terrorism in Pakistan. The lawmakers also adopted two resolutions condemning an incident of terrorism in the Holy City of Madina and a suicide attack in Quetta. Miscellaneous In addition to the above resolutions, the House urged the government to resolve the problems of Pakistani laborers working in Saudi Arabia, declare July 8 as National Charity Day in the memory of Abdul Sattar Edhi and avoid using abbreviations for Islamic names and the names of holy places. The Assembly also condemned the discriminatory behavior with Pashtuns during security operations in the Punjab province. A government resolution asked the federal government to issue No Objection Certificate to the Director of United Kingdom's Department for International Development (DFID) for travelling to Khyber Pakhtunkhwa. The federal government was also advised to legislate on the subject of moon-sighting and modify the census forms for counting of various languages spoken in the province. Affairs The House passed two resolutions recommending to form a Minority Caucus in the Assembly and increase the salaries and privileges of its members. Political Affairs The House passed resolutions demanding judicial investigations into the Panama Leaks and the resignation of the Prime Minister in the wake of Supreme Court's judgment. Electoral Reforms The House, through separate resolutions, demanded the federal government to give right to vote to the transgender community as well as to the overseas Pakistanis. FATA Reforms The provincial lawmakers adopted a resolution jointly moved by the treasury and the opposition benches demanding the merger of the Federally Administered Tribal Areas with the province of Khyber Pakhtunkhwa. Education The House urged the government to take strict action against the use of narcotic substance, AICE in the educational institutions and include the biography of Abdul Sattar Edhi in the educational curriculum. Constitutional Resolutions The House, under Article 128 (2)(a) of the Constitution, adopted two resolutions to extend the validity of the Khyber Pakhtunkhwa Mines & Mineral Development and Regulation Ordinance and the Khyber Pakhtunkhwa Police Ordinance for a further period of 120 days.

19 Internet and Telecommunication The House recommended the government to block porn websites on the internet, regulate the promotional packages of cellular companies and enact efficient legislation to control blasphemous content on the social media. Women Protection The House, on a motion of women lawmakers, belonging to the treasury and the opposition, adopted a resolution condemning the growing trend of violence against women and advising the government to take steps for the protection of womenfolk. REPORTS The government presented 10 Statutory Reports in the Assembly during the fourth parliamentary year. These included five audit reports, two reports on the National Finance Commission, one review report on Accounts of the Government, a report of Provincial Ombudsman for the year 2015, and the Annual Report of the Ehtesab Commission for the year, Committees presented nine reports during the reporting year. Two reports each were presented by the Standing Committee on Health; Communication and Works Department and Administration Department while one report each was presented by the Standing Committee on Finance; Revenue and Estate Department and Public Health Engineering. A report of the Public Accounts Committee for the year 2015 was also presented in the House. The Select Committee presented three reports on the issues of Closure of Business Activities in the University Town, Peshawar; regularization of employees of Khalifa Gul Nawaz Teaching Hospital Bannu and Drug Inspectors; Closure of Business Activity in University Town Peshawar. The committee also presented reports on the joint Call Attention Notice (CAN), the Khyber Pakhtunkhwa Ehtasab Commission Bill and the Khyber Pakhtunkhwa Universities Amendment Bill, The House granted extension to the Committee on Rules of Procedure & Conduct of Business for the presentation of two reports. It also granted extension to the Standing Committees on Higher Education; Establishment Department, Agriculture Department and Revenue and Estate Department for the presentation of one report each. The Select Committee on the Khyber Pakhtunkhwa Prevention of Conflict of Interest Bill, 2016 was also granted extension for the presentation of its report. Six reports of various Committees Provincial Bodies were not taken up while the reports of the Auditor General of Pakistan on the accounts of District Government of KP for the year of , , and were referred back to the provincial government.

20 3 REPRESENTATION, RESPONSIVENESS AND GOVERNMENT OVERSIGHT This section gives statistical as well as qualitative overview of non-legislative interventions in the House Questions, Adjournment Motions (AM) or any other motions for the oversight of the government and to articulate the issues of public interest and importance. Total Questions 347 Call Attention Notices 71 Adjournment Motions 06

21 QUESTIONS Question Hour is the first hour of the Assembly business in a sitting wherein, subject to the provisions of the Assembly rules, a member may ask a question for the purpose of obtaining information on a matter of public concern within the special cognizance of the minister to whom it is addressed. Starred questions are to be replied in writing as well as verbally during the proceedings while unstarred questions require only written replies Total Questions The Question Hour was held during 16 out of 56 sittings in the reporting year. As many as 347 Starred Questions were listed for answers during the Question Hours, of which the House took up 151 (44%) for verbal replies. The lawmakers asked 93 supplementary questions for further clarification of answers given on the floor of the House. Starred Question Supplementary Taken Up MINISTRY-WISE QUESTIONS The lawmakers seemed more interested in asking questions from the departments of Elementary and Secondary Education and Health (43 each) rather than any other ministry or government department. The number of Starred Questions asked from each ministry/department are given below: Health Elementary and Secondary Education Irrigation Communication & Works Local Government Environment Finance Social Welfare Livestock Agriculture Forestry, Fisheries & Wildlife Higher Education Home & Tribal Affairs Zakat & Ushr Establishment Industries & Production Mines & Mineral Development Revenue Public Health Engineering Commerce and Industry Home Forest Labour Science and Technology Excise & Taxation Establishment Division Industries Planning & Development HealthaRelief, Rehabilitation & Settlement Department Tourism Industries & Technical Education Auqaf Sports & Tourism Services General Adminstration Department Food Agriculture and Fisheries Information and Culture Fisheries Auqaf and Hajj Minorities Culture Sports Tourism & Youth Affairs Administration Housing & Works Transport Population Welfare Energy and Power Energy PARTY-WISE QUESTIONS As many as 25 lawmakers, including five female legislators, performed the government oversight by raising questions during the fourth parliamentary year. Eight lawmakers belonging to JUI-F raised 137 questions, followed by 75 questions by four PPPP lawmakers and 58 questions by six PML-N lawmakers. Moreover, three members of JI raised 46 questions, two lawmakers of ANP 22 questions, and one lawmaker each of QWP and PTI asked six and three questions, respectively. Five women lawmakers who submitted the questions belonged to JUI-F, JI and PML-N. The male lawmakers raised 284 questions while their women colleagues raised 63 questions during the fourth parliamentary year. JUI-F 137 PPPP 75 PML-N 58 JI 46 ANP 22 QWP-S 6 PTI 3

22 CALL ATTENTION NOTICES (CANs) According to Rule 52-A of Khyber Pakhtunkhwa Assembly, a member may call the attention of a minister to any matter of urgent public importance with the previous permission of the Speaker and the minister may make a brief statement or ask for time to make a statement during the same or next sitting. It also states that no member shall give more than two such notices for any one sitting. The Rule 52-B provides that there shall be no debate on such statement at the time it is made but each member in whose name the item stands in the list of business may, with the permission of the Speaker. Maximum five names of the members could be shown on the list of business. Not more than two notices could be raised during one sitting. Call Attention Notices that appear on the list of business but could not be taken up during that sitting shall be considered lapse at the end of each sitting under Rule 52-G. The lawmakers may seek statements from the ministers on matters of urgent public importance through Call Attention Notices (CANs). The lawmakers moved 71 CANs during the fourth parliamentary year, of which 37 were answered while one was referred to the relevant committee for further deliberations. The lawmakers withdrew two CANs while five were dropped due to the absence of the movers and 26 others were left unaddressed Total CANs 71 Taken Up Not Taken Up Lapse Deffered Withdrawn Pending 37 Reffered To Committee PARTY-WISE CANs As many as 33 lawmakers exercised their right to use CANs as a tool for executive oversight and public representation. The PPPP lawmakers moved 16 CANs individually and were followed by PML-N and JUI-F members who submitted 13 CANs each. Moreover, the JI lawmakers moved 10 CANs, PTI six, ANP five and QWP-S two, while six notices were jointly sponsored. PPPP JUI-F PML-N JI PTI Jointly ANP QWP-S ADJOURNMENT MOTIONS (AMs) According to Rule 69 of Khyber Pakhtunkhwa Assembly, a motion for adjournment of the business of the House can be moved by a member for the purpose of discussion on a definite matter of an urgent public importance with the consent of the Speaker where not more than one such motion is to be admitted in a day. The House took up six Adjournment Motions during the fourth parliamentary year. These motions were submitted by the lawmakers belonging to PPPP (three motions), ANP (two motions) and JUI-F (one motion). The House held debates on two motions regarding the sense of deprivation among the people of Khyber Pakhtunkhwa's south districts and the discrimination against the Pashtun community in other provinces of the country. Debated 1 Taken Up 2 Constituted a Special Committee 1 Total AMs 6 2 Referred to Committee

23 In addition, the House took up two motions regarding the attempts to revert the powers granted to the provinces under the 18th Constitutional Amendment and the absence of up-gradation policy for the secretaries of union/village councils. However, no discussion took place and only the relevant ministers made statements on them. The remaining two motions regarding the absence of burn centers in the provincial hospitals and corruption in the Bank of Khyber were referred to the committees for further deliberations. BUDGET SESSION The 19th session of the Khyber Pakhtunkhwa Assembly was marked by the passage of Finance Bill 2016 amid low interest of lawmakers in the budget debate as well as the proceedings of the House. Ninety-two members (75% of the current membership 123) did not contribute to the budget debate. Twenty-one among them were female legislators while 71 were male lawmakers. Ten female lawmakers belonged to PTI, followed by JUI-F (3), PML-N and QWP-S (2 each) and one each by AJIP, ANP, JI and PPPP. Similarly, among 71 male members not participating in the budget debate, 37 belonged to PTI, followed by JUI-F and PML-N (8 each), QWP-S (7), AJIP (4), JI (3), ANP (2), PPPP (1) and an Independent lawmaker. Of the 31 members who took part in the budget debate, one was female and 30 male members. The only female lawmaker from PML-N debated the budget for 15 minutes whereas male lawmakers expressed their views for 659 minutes. Eight of the male members participating in the budget debate were from PTI, followed by JUI-F (6), PML-N (5), PPPP (4), JI (3), ANP (2), QWP (one) and an Independent lawmaker. Minister for Finance presented the annual budget as well as the supplementary budget statement for the year during the first sitting. He took 104 minutes to present the budget. The Leader of the Opposition opened the budget debate in the second sitting and spoke for 52 minutes. The House approved 59 demands for grants for the year and rejected 953 cut motions while 50 supplementary demands for grants for the year were approved by setting aside 292 cut motions on them.

24 4 ORDER AND INSTITUTIONALIZATION This section includes details of Points of Order, Privilege Motions and protests observed in the Assembly during the reporting year. Points of Order Protests/Walkouts /Boycotts Quorum

25 POINTS OF ORDER According to Rule 225 of the Khyber Pakhtunkhwa Assembly, a Point of Order relates to the interpretation or enforcement of Assembly rules or such articles of the Constitution as regulate the business of the Assembly. A total of 154 Points of Order (POs) were raised by the lawmakers during the reporting year, which consumed 402 minutes of the proceedings. Two POs consumed two minutes of the 19th session; 13 POs 29 minutes of the 20th session; 75 POs 218 minutes of the 21st session; 14 POs 26 minutes of the 22nd session; six POs 13 minutes of the 23rd session and 44 POs consumed 114 minutes of the 24th session. Lawmakers raised 26 Points of Order on Governance, followed by Finance and Economic Policy (20); Democracy and Political Development (18); Business of House (11); Corruption, Energy and Natural Resource and Affairs (9 each); Law and Order (8); Education and Government Institutions (7 each); Health (6); Employment (5); Miscellaneous and Terrorism (3 each); Agriculture, Condemnation, Media, Prayers and Tribute (2 each) and one each PO was related to the Development Works; Human Rights; Human Welfare and Strengthening the Federation. 2 POs consumed 2 (Minutes) 19th Session 13 POs consumed 29 (Minutes) 20th Session 75 POs consumed 218 (Minutes) 21st Session 14 POs consumed 26 (Minutes) 22nd Session 6 POs consumed 13 (Minutes) 23rd Session 44 POs consumed 114 (Minutes) 24th Session POs BY THEME Governance Finance and Economic Policy Democracy and Political Development Business of House Corruption Energy and Natural Resource Affairs Law and Order Education Government Institutions Health Employment Miscellaneous Terrorism Agriculture Condemnation Media Prayers and Tribute Development Works Human Rights Human Welfare Strengthening the Federation PROTESTS, BOYCOTTS AND WALKOUTS The conduct of members in the House shows their determination towards the representative role assigned to them by the Constitution. During the fourth parliamentary year, the Assembly witnessed 21 incidents of protests and walkouts. The opposition parties collectively staged four protests in the House and seven walkouts from the proceedings. Their protests and walkouts were instigated by the complaints of opposition lawmakers for not getting time to raise Points of Order or speak on the agenda items, unavailability of copies of the List of Business, delays in answers to their questions and unjustified distribution of the development funds. The lawmakers of PML-N, ANP and PPPP protested over the budget as well. Moreover, the JUI-F members staged two protests over the Chair's refusal to grant them the floor for raising Point of Order and against the absence of ministers from the proceedings. The lawmakers of QWP-S and PML-N also protested over the prolonged absence of female lawmakers of the ruling party from the proceedings. The lawmakers of the treasury party, PTI also staged five protests during the year. Two of these were prompted by the Chair's refusal to give them floor to speak while the others were related to the complaints regarding electricity loadshedding, development funds and differences with the government. The PML-N and PTI lawmakers once protested against each other that caused the adjournment of the sitting.

26 3 Instance Consumed 129 (Minutes) Instance Consumed 20 (Minutes) Instance Consumed 27 (Minutes) Instance Consumed 58 (Minutes) 1 Instance Consumed 33 (Minutes) 6 Instance Consumed 62 (Minutes) Protest/Walkout Walkout Protest/Walkout Protest/Walkout Walkout Protest/Walkout QUORUM Rule 201 of the Rules of Procedure of Khyber Pakhtunkhwa Assembly states that when the Assembly is sitting, and if a notice is taken by any member that the number of members prescribed to form a quorum by clause (2) of Article 55 read with Article 127 of the Constitution is not present, the person presiding shall, unless he is satisfied that such number of members as is required to form the quorum is present, direct the division bells to be sounded and at the expiration of two minutes shall count the members present. If less than the required number be present, he shall either adjourn the Assembly till the next meeting day or suspend the meeting till such time the required number of members is present. One-fourth of the total membership makes the quorum for a sitting of the Assembly. The lawmakers pointed out the lack of quorum 31 times during the fourth year. The subsequent headcounts after the identification of the quorum resulted in the adjournment of the proceedings on 16 out of 31 occasions. On five instances, the proceedings were kept suspended until completion of the quorum. Eight times, the quorum was found complete while twice the Chair was alleged to have ignored the want of quorum. Fifteen lawmakers highlighted the quorum during the reporting period. Four each belonged to PPPP and PTI, while three each to PML-N and JUI and one to QWP-S. Sahibzada Sanaullah 04 Muhammad Sheeraz 04 PPPP Quorum PML-N Quorum PTI Mehmood Jan 03 Quorum Fakhr Azam Wazir 03 Amjad Khan Afridi 02 PPPP Quorum PTI Quorum PML-N Aamna Sardar 02 Quorum Sarda Hussain 02 Sobia Shahid 02 PPPP Quorum PML-N Quorum PPPP Nighat Orakzai 02 Quorum

27 Mulana Mufti Fazal Ghafoor 02 Sardar Mohammad Idress 01 JUI-F Quorum PTI Quorum QWP-S Meraj Hamayun Khan 01 Quorum Nargis 01 Malik Riaz Khan 01 PTI Quorum JUI-F Quorum JUI-F Mahmood Ahmad Khan 01 Quorum

28 This report is based on direct observation of the proceedings of the Khyber Pakhtunkhwa Assembly conducted by United Rural Development Organization (URDO), a member organization of 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.