When the FRDL Act was passed with great fanfare on June 13, 2005, there was limited empirical evidence to support improved fiscal performance as a result of implementing such laws. It was billed as an effective instrument to instil fiscal discipline in a credible, predictable and transparent manner. New Zealand, the pioneer in the field, adopted such a law in 1994. Brazil has been another success story under the presidency of Lula. In general, these laws combine procedures, and strengthen fiscal transparency and numerical rules such as ceilings on deficits and public debt. This is the case in Pakistan. The legislation may also cover various jurisdictions — federal, provincial and local. The FRDL Act of 2005 applies only to the federal jurisdiction. As the Eighteenth Amendment allows provinces to raise debt internally as well as abroad, this may have to change. There are also variations in terms of sanctions and escape clauses.
It is obvious that the FDRL Act is not working towards debt reduction. Nor is it proving to be a means to achieve macroeconomic stability. Laws work under the threat of punishment. The FRDL Act does not impose sanctions against any breach of targets. For reasons of national security or during a national calamity, the National Assembly can allow deviations from the targets. War against extremism and devastating floods were grounds to do so. Although presented in the National Assembly, the Debt Policy Statement was not debated. The finance minister did not take took time off to give reasons for deviations, nor did he seek the approval of the National Assembly for moving the goalposts. Indeed, the government-opposition committee deliberating on the 10-point agenda is not even considering using the FDRL framework for fiscal sanitisation.
The original draft of the law had proposed salary cuts for officers failing to ensure compliance of the targets. Perhaps the time has come for writing this provision into law.
Published in The Express Tribune, February 4th, 2011.
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