PESHAWAR: Passage of the Khyber Pakhtunkhwa Prevention of Conflict of Interest Bill, 2015, which aims at preventing and minimising the possibility of conflict between private interests and public duties of public officeholders, in the provincial assembly was delayed further after the treasury and opposition benches insisted the proposed law in the current shape would harm their interests.

According to the agenda, the law minister was supposed to move a resolution for the passage of the bill in the assembly on Monday as the house’s select committee had already reported it.

Two MPAs of Jamiat Ulema-i-Islam-Fazl Munawar Khan and Mehmood Khan Bittani while opposing the bill observed that the draft required more deliberation and amendments to remove flaws.

“If the house passes the bill in current shape, then nobody will do politics and life for relatives of the lawmakers will become very tough,” observed MPA Munawar Khan.

Both treasury, opposition feel proposed law in current shape will harm their interests

The government had introduced the bill in the assembly on June 6, 2014, and after months long delay, it was referred to the house’s select committee on November 19, 2014.

MPA Bittani was of the view that such type of legislation could serve purpose in Western countries and that its implementation was not possible in countries like Pakistan and therefore, its current draft needed more discussion for unanimous passage in the house.

Law and parliamentary affairs minister Imtiaz Shahid agreed with the proposal of lawmakers and requested Speaker Asad Qaisar to keep the bill pending as it would be revisited.

Both the sides agreed that parliamentary leaders should review the draft bill.

Awami National Party MPA Syed Jafar Shah told Dawn that under the rules, when the select committee reported a bill to the house, then the assembly would have to pass it.

He said the house only referred any bill to the select committee for review but could not send it to any other forum.

The government had introduced the bill to establish clear conflict of interest and related post-employment principles for public officeholders to prevent and minimise the possibility of conflicts arising between private interests and public duties of public officeholders in the province of Khyber Pakhtunkhwa.

Since the formation of government in the province Pakistan Tehreek Insaf Chairman Imran Khan has been saying time and again that conflict of interest law would be promulgated to end favouritism and nepotism, but lawmakers are using delaying tactics to delay the law.

The bill says that ‘public officeholders’ mean the governor, the chief minister, speaker of the provincial assembly, deputy speaker, provincial ministers, advisors and special assistants to the chief minister, parliamentary secretaries, MPAs, advocate general, including additional advocate general, deputy advocate general, political secretary, consultant to the chief minister and one who holds or has held a post or office with the rank of status of a provincial minister, nazim and naib nazim of a local council and members of the subordinate judiciary.

Under the bill, the government will establish the prevention of conflict of interest and ethics commission comprising three members and headed by a chairman.

The bill says no public officeholder will make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public officeholder knows or reasonably should know that in the making of the decision, he or she will be in a conflict of interest.

Minister Imtiaz Shahid also tabled ‘The Khyber Pakhtunkhwa Whistleblower Protection and Vigilance Bill, 2015.’

The house also passed ‘The Khyber Pakhtunkhwa Canal and Drainage (Amendment) Bill, 2015.’

The new amendments declared throwing garbage, polythene bags in canal to block water flow, encroachment on the side areas of water canal and diversion of sewerage lines towards the canal offences and penalty for such offences had been increased from Rs50 and one month imprisonment to Rs20,000 and two years imprisonment, but not less than one year.

Earlier, the chair referred a privilege motion of MPA Malik Riaz Khan against SHO of the Mundan police station in Bannu to the committee concerned for discussion.

The MPA alleged that SHO Amanullah Khan had sought a TV set and Rs30,000 cash from him.

Speaker Asad Qaisar ordered the immediate termination of the official concerned.

The session was later adjourned until 3pm on Tuesday (today).

Published in Dawn, October 6th, 2015

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