ISLAMABAD - The Senate on Monday referred a significant but controversial bill to the Law and Justice Committee of the House that defines the powers, immunities and privileges of the members of the Parliament and its committees.
The bill, if passed by the Parliament, gives administrative and judicial powers to the Parliament and its committees. The Parliament and its committee shall have special powers to try offences and award punishments for the offences punishable under this Act.
The proposed private bill, the Members of Parliament (Powers, Immunities and Privileges) Act, 2014, was slightly opposed by the former chairman Senate and law minister of previous PPP government Farooq H Naek before Senator Farhatullah Babar moved it in the House.
The bill gives powers to the Parliament or a committee of the Parliament to arrest any person for the purpose of securing his attendance before the Parliament or its committee or whose removal has been ordered under this Act.
Farooq H Naek viewed that if the Parliament passed this bill, this would fortify the powers of the Parliament. “We cannot go out of the limits and there are few countries in the world where powers of the lawmakers are fortified,” he said. He said that former lawmaker S M Zafar had also made a report on this law and this should also be viewed. Former law minister said while framing rules under Article 66 (3) of the Constitution it would have to be kept in mind that the powers of the arrest and punishment would lie with the court.
Chairman Senate Syed Nayyer Hussain Bokhari was also of the view that the law would fortify the powers of the Parliament.
The mover of the bill, Farhatullah Babar said that they should first consult all the stakeholders including MNAs and civil society etc. The statement of object and the reasons of the bill says that the purpose of the law is to provide for the powers, immunities and privileges of the Parliament and the member of the Parliament with a view to enabling them to discharge their functions properly ad effectively.
Senator Farhatullah also moved a motion in the Senate to form a joint committee of the House comprising of the Standing Committee on Law & Justice and the Standing Committee of Rules of Procedures and Privileges to discuss the bill. The chair remarked that he would form the special committee after consultations with Leader of the House and the Leader of the Opposition in the Senate, as there was no previous precedence in this connection.
The bill gives immunity to the members of the Parliament saying that court shall release any member, arrested or detained on any criminal charge other than the offence that is not punishable with death or transportation for life, to enable him to attend the session or meeting. Under section 5 of the bill, no civil or criminal proceedings shall lie against any member of the Parliament by reason of matter of thing which he may have brought up, or given notice of his intention to bring up before either House of the Parliament or any committee of any House.
The salary and allowances payable of any member or Speaker NA, Deputy Speaker, Chairman Senate and Deputy Chairman Senate shall not be liable to attachment in execution of a decree.
Under Section 7 of the bill, any meeting convened by the government or semi-government institution in which member is supposed to participate shall be presided over by the member. Under section8, no member shall be detained under any law relating to preventive detention fourteen days before the commencement of the session or seven days before the commencement of its committee.
The member shall visit the jails, hospitals, health centres population planning centres, social welfare centres and education institutions and could exercise full powers of the justice of peace.