Business on the side: Lawmakers to scrutinise Conflict of Interest Bill
Say it is unfair to bar them from conducting legal business.
Public office holders have to divest each of their controlled assets within 120 days of appointment by either selling them or placing them in control of an official receiver appointed by the commission. PHOTO: AFP
PESHAWAR:
The Khyber-Pakhtunkhwa (K-P) Assembly Select Committee on the K-P Conflict of Interest (CoI) Bill, 2014 decided on Saturday that parliamentary leaders and the secretary and minister for law will pore over the proposed legislation clause by clause in the coming days.
The committee met at the Tahira Qazi conference room at the secretariat with Chief Minister Pervez Khattak in the chair. The bill to prevent a conflict of interest between private interests and public duties of lawmakers was introduced to the provincial legislature on June 6, 2014.
It was subsequently sent to the select committee on November 19 on the suggestion of Qaumi Watan Party (QWP) parliamentary leader Sikandar Sherpao, who proposed several amendments to the bill.
Awami National Party (ANP) lawmaker Syed Jafar Shah, a member of the select committee, told The Express Tribune the proposed law was discussed in Saturday’s meeting. However, Shah added all parties had certain reservations over the language used in the clauses.
The ANP leader said the committee decided to keep the bill pending till parliamentary leaders and the government had the chance to review it clause by clause.
He said it stated that neither an MPA nor his father or brother could conduct any kind of business. Shah believed it was unfair to put such conditions on lawmakers.
He said it was proposed during the meeting that a ban should be placed on lawmakers intervening in any issues that promote their personal interests, but legal business must be allowed.
“Will they pay salaries of up to Rs5 million to lawmakers if they ban them from conducting legal business,” he questioned.
The senior ANP figure said MPAs from the ruling alliance were also unhappy over the bill. He slammed bureaucrats for proposing such a law.
“The bill is based on similar French and Canadian legislation. One clause is patterned after French law, while the other follows Canadian law,” he said. “We are living in Pakistan, not Canada or France.”
Where the conflict lies
The law envisages setting up a provincial prevention of conflict of interest and ethics commission to ensure compliance.
It asks all public office holders to manage their private affairs in a manner that does not let them become a conflict of interest. For example, public office holders cannot use confidential information obtained during their duties to promote personal interests.
It also bars them from using their position to influence the decision made by another individual. It prohibits ministers and MPAs from debating or voting on a question that conflicts with their personal interests.
The proposed law does not allow public office holders to engage in employment or practice of a profession, directly or indirectly managing or operating a business or commercial activity, continuing as or becoming a director or officer in a corporation or organisation, holding office in a union or professional association, serving as paid consultants and becoming a partner with others.
Section 21 states compliance with this act is a condition of a person’s appointment or employment as a public office holder. It will be deemed to have been included in his terms and conditions of employment, even if prior to this act, it adds.
Public office holders have to annually file an assets and interest report to the commission. The first report should be submitted within 60 days of his or her appointment or the law being enacted.
Public office holders have to divest each of their controlled assets within 120 days of appointment by either selling them or placing them in control of an official receiver appointed by the commission.
Published in The Express Tribune, January 11th, 2015.
The Khyber-Pakhtunkhwa (K-P) Assembly Select Committee on the K-P Conflict of Interest (CoI) Bill, 2014 decided on Saturday that parliamentary leaders and the secretary and minister for law will pore over the proposed legislation clause by clause in the coming days.
The committee met at the Tahira Qazi conference room at the secretariat with Chief Minister Pervez Khattak in the chair. The bill to prevent a conflict of interest between private interests and public duties of lawmakers was introduced to the provincial legislature on June 6, 2014.
It was subsequently sent to the select committee on November 19 on the suggestion of Qaumi Watan Party (QWP) parliamentary leader Sikandar Sherpao, who proposed several amendments to the bill.
Awami National Party (ANP) lawmaker Syed Jafar Shah, a member of the select committee, told The Express Tribune the proposed law was discussed in Saturday’s meeting. However, Shah added all parties had certain reservations over the language used in the clauses.
The ANP leader said the committee decided to keep the bill pending till parliamentary leaders and the government had the chance to review it clause by clause.
He said it stated that neither an MPA nor his father or brother could conduct any kind of business. Shah believed it was unfair to put such conditions on lawmakers.
He said it was proposed during the meeting that a ban should be placed on lawmakers intervening in any issues that promote their personal interests, but legal business must be allowed.
“Will they pay salaries of up to Rs5 million to lawmakers if they ban them from conducting legal business,” he questioned.
The senior ANP figure said MPAs from the ruling alliance were also unhappy over the bill. He slammed bureaucrats for proposing such a law.
“The bill is based on similar French and Canadian legislation. One clause is patterned after French law, while the other follows Canadian law,” he said. “We are living in Pakistan, not Canada or France.”
Where the conflict lies
The law envisages setting up a provincial prevention of conflict of interest and ethics commission to ensure compliance.
It asks all public office holders to manage their private affairs in a manner that does not let them become a conflict of interest. For example, public office holders cannot use confidential information obtained during their duties to promote personal interests.
It also bars them from using their position to influence the decision made by another individual. It prohibits ministers and MPAs from debating or voting on a question that conflicts with their personal interests.
The proposed law does not allow public office holders to engage in employment or practice of a profession, directly or indirectly managing or operating a business or commercial activity, continuing as or becoming a director or officer in a corporation or organisation, holding office in a union or professional association, serving as paid consultants and becoming a partner with others.
Section 21 states compliance with this act is a condition of a person’s appointment or employment as a public office holder. It will be deemed to have been included in his terms and conditions of employment, even if prior to this act, it adds.
Public office holders have to annually file an assets and interest report to the commission. The first report should be submitted within 60 days of his or her appointment or the law being enacted.
Public office holders have to divest each of their controlled assets within 120 days of appointment by either selling them or placing them in control of an official receiver appointed by the commission.
Published in The Express Tribune, January 11th, 2015.