New intelligence outfit proposed by Senate body

PM to oversee ISIA affairs, parliamentary panel to handle expenses, policymaking.

ISLAMABAD:

A sub-committee of the Senate Functional Committee on Human Rights has prepared a draft bill proposing the establishment of an Inter-Service Intelligence Agency (ISIA) to be overseen by the country’s prime minister.

The agency will be responsible for arresting, detaining, interrogating and prosecuting suspects to deal effectively with the challenges of national security and matters related to it.

The proposed legislation is called Inter Service Intelligence Agency (Functions, Powers and Regulation) Act 2012. The draft bill — which is to be examined by the main Senate Functional Committee on Human Rights — will be shared with the Senate Committee on Defence and Interior Affairs before it is tabled in the house.

According to the draft bill, the prime minister will oversee the agency and ensure that it works efficiently and within the parameters of the law. He will also ensure no prejudicial actions are taken by the proposed agency for or against a political grouping.

The sub-committee

In a meeting held on June 27 this year, the Functional Committee of the Senate on Human Rights constituted a three member sub-committee to look into the issue of enforced disappearances and proposed the draft bill and public hearing on the issue be incorporated, among other recommendations. The committee comprises Senators Farhatullah Babar, Nasreen Jalil and Suriya Amiruddin.

The special sub-committee recommended enacting suitable legislation to provide specific powers of arrest and detention to the army and law enforcement agencies under special circumstances, in order to curb anti-state activities.



Intelligence and security committee

According to the draft bill, there shall be an intelligence and security committee of parliament to examine matters relating to expenditure, administration and policy of the agency. This committee will consist of nine members drawn from both houses of parliament. But not one of them can be a minister or a minister of state.

The members of the committee shall be appointed by the prime minister in consultation with the leader of the opposition in the respective house and one of those members shall be appointed by the head of the committee. This commission is to prepare an annual report on the performance of the agency.

The agency’s head

The director general of the proposed agency will be a serving or retired civil servant in BS-22 or of equivalent rank in the country’s armed forces to be appointed by the president on the recommendation of the prime minister on such terms and conditions as the president may determine.

The DG will hold office for four years, extendable for one year unless he resigns or is removed from office during his term on grounds of inefficiency, misconduct or physical or mental disability.

The draft dictates that the DG shall, as far as is reasonably practicable, take steps to ensure national security intelligence, intelligence collection methods, sources of intelligence and the identity of the members of the agency are protected from unauthorised disclosure.

Powers of the ISIA

According to the draft, the powers of the ISIA will include the ability to take people into custody against whom an order of detention has been issued by the DG in writing.

They would also collect evidence against persons acting or likely to act in any manner against the security, integrity or economic well-being of Pakistan or who may be involved in planning, aiding, abetting or executing serious or organised crimes or acts of terrorism.  They are also expected to provide the evidence collected during any process of gathering intelligence to the relevant agency.

Published in The Express Tribune, December 1^st, 2012.