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CITIZENS REPORT
Performance of the
National Assembly
Standing Committee
on Interior &
Narcotics Control
June 01, 2013 - May 31, 2014
CIVIL-MILITARY RELATIONS | JUNE 2014
WWW.PILDAT.ORG
CITIZENS REPORT
Performance of the
National Assembly
Standing Committee
on Interior &
Narcotics Control
June 01, 2013 - May 31, 2014
CIVIL-MILITARY RELATIONS | JUNE 2014
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Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
CONTENTS
Preface
Executive Summary
Introduction
09
Constitutional Mandate
09
Powers of the Standing Committees
09
National Assembly Standing Committee on Interior & Narcotics Control
09
Meetings of the National Assembly Standing Committee on Interior & Narcotics Control:
2013-2014
11
Comparison with other Countries: PPO Ordinance & The Anti-Terrorism Laws in UK and
India
13
Conclusions
16
Tables
Table 1: Membership of National Assembly Standing Committee on Interior & Narcotics
Control
Table 2: Meetings of the National Assembly Standing Committee on Interior & Narcotics
Control: 2013-2014
Table 3: A snapshot of Meetings of the National Assembly Standing Committee on Interior
& Narcotics Control
10
11
15
Figures
Figure 1: Comparison of previous and current National Assembly Standing Committee on
Interior & Narcotics Control
11
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
PREFACE
PREFACE
T
he Citizens Report on the Performance of the National Assembly Standing Committee on Interior & Narcotics
Control covers the first Parliamentary year of the 14th National Assembly of Pakistan, i.e., from June 01, 2013 to
May 31, 2014.
Prepared by PILDAT, the report closely examines the publicly available data on the work of the National Assembly
Standing Committee on Interior & Narcotics Control.
From the past five years, PILDAT has been monitoring the work done by Defence specific Parliamentary Committees of
the National Assembly and the Senate of Pakistan and preparing analytical performance oriented reports on the
Committees. This is the first Parliamentary year in which PILDAT has reviewed the performance of the National
Assembly Standing Committee on Interior & Narcotics Control.
This report has been prepared under the overall objective of strengthening Parliamentary oversight on Defence and
National Security in Pakistan.
PILDAT is mindful of the fact that the democratic institutions like the Parliament and Parliamentary Committees have
not developed over the years due to repeated military interventions and long spells of autocratic or semi-autocratic
regimes led by military. The report therefore is meant to assist the Committee in its oversight functions. The objective of
the report is not to offer a critique of the work of the Committee but to analyse the performance in the backdrop of
peculiar security needs of the Pakistan and the role of Parliament is playing in respect to defining and influencing policy
and principles of National Security.
The purpose of the report is to examine the exercise of available powers of the Parliament with regards to Parliamentary
oversight in the light of the Constitution of Pakistan and assisting Parliament and its Committees in undertaking well
researched, objective and non-partisan oversight of Defence and Security alongside other fields in the executive branch.
Acknowledgements
This report has been prepared by PILDAT team, including Ms. Aimen Khan, Projects Manager PILDAT and Ms.
Aasiya Riaz, Joint Director PILDAT, under the supervision of Mr. Ahmed Bilal Mehboob, President, PILDAT.
Disclaimer
PILDAT and its team have made every effort to ensure the accuracy of the contents of this Report and do not accept any
omission or error as it is not deliberate.
Islamabad
June 2014
05
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
EXECUTIVE
SUMMARY
EXECUTIVE
SUMMARY
T
he National Assembly Standing Committee on Interior was constituted on August 22, 2013. It was nearly 3 months
after the formation of the 14th National Assembly- but the Committee did not become functional until its Chair was
elected-another three months later on November 05, 2013- making it a total delay of nearly 5 months after the election of
the Leader of the House.
The process of election of Chairman of the National Assembly Standing Committee on Interior was held on November
05, 2013 and Rana Shamim Ahmed Khan, MNA (NA-112, Sialkot-III, Punjab, PML-N) was elected as the Chairman
of the Committee.
During the 1st Parliamentary year (June, 01 2013 - May 31, 2014) the National Assembly Standing Committee on Interior
& Narcotics Control held a total of 8 meetings. The major work done by the Standing Committee on Interior during the
year was the approval of the Protection of Pakistan (Amendment) Bill 2014 (PPO) by a majority.1 The Anti-Terrorism
(Amended) Bill 2014 and the Protection of Pakistan (Amendment) Bill 2014 were successfully passed by the National
Assembly of Pakistan. However, the PPO has still not been passed by the Senate to make it into a law.
The National Assembly Standing Committee on Interior & Narcotics Control presented three (3) Reports in the House
during the year. These included the Report on the Protection of Pakistan Bill, 2013 (Ordinance No. IX of 2013), Report
on Anti-Terrorism (Amendment) Bill 2013 (Ordinance No. VII of 2013) and Report on Anti-Terrorism (Amendment)
Bill, 2013 (Ordinance No. VII of 2013). 2
1.
2.
For details, please see NA Body approves Protection of Pakistan Amendment Bill, The News, April 02, 2014:
http://www.thenews.com.pk/Todays-News-13-29467-NA-body-approves-Protection-of-Pakistan-Amendment-Bill
For details, please see Committee Reports, National Assembly of Pakistan http://www.na.gov.pk/en/committee_reports.php
07
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
Introduction
According to the IPU-DCAF Handbook on
Parliamentary Oversight of the Security Sector:
Principles, Mechanisms and Practices, 4 conditions are
needed for an effective parliamentary oversight of the
security sector:
i.
ii.
iii.
iv.
Clearly defined Constitutional and legal powers
Customary practices
Resources and expertise, and
Political will3
Constitutional Mandate
The principle of Parliamentary oversight on the
Executive is enshrined in the Constitution of Pakistan
mandated mainly through Parliamentary powers of
legislation and passage of the budget. These powers are
further defined under respective rules of the National
Assembly that govern the functioning of the
Parliamentary committees as well.
Committees are created in the National Assembly with
most of the standing committees set-up to correspond
to the Ministries or Divisions of the federal
government. The functions of Standing Committees
are to debate legislation relating to, and oversee the
working and performance of, the relevant Ministries or
Divisions.
Standing committees have wide powers to call
witnesses, requisition official records, seek statements
on oath and take up any matter within their jurisdiction,
without reference by the House.
Powers of the Standing Committees
Defining specific roles and powers of the Standing
Committees in the National Assembly of Pakistan,
clause 198 of the Rules of Procedure and Conduct of
Business of the National Assembly states that:
“(1) there shall be a Standing Committee for each of the
Ministry of the Government
(2) Each Committee shall deal with the subjects
assigned, under the rules for the allocation and
transaction of business of the Government to the
Division or the Ministry with which it is concerned or
any other matter referred to it by the Assembly.”
3.
4.
Clause 201 (1) further defines the role of the
Committees as “A Committee shall examine a Bill,
subject or matter referred to it by the Assembly or the
Speaker and shall submit its report to the Assembly or
to the Speaker, as the case may be, with such
recommendations including suggestions for
legislation, if any, as it may deem necessary. In the case
of a Bill, the Committee shall also examine whether the
Bill violates, disregards or is otherwise not in
accordance with the Constitution.”
Clause 201 (4) further states that “A Committee may
examine the expenditures, administration, delegated
legislation, public petitions and policies of the Ministry
concerned and its associated public bodies and may
forward its report of findings and recommendations to
the Ministry and the Ministry shall submit its reply to
the Committee.” 4
National Assembly Standing Committee on
Interior & Narcotics
The National Assembly Standing Committee on
Interior was constituted on August 22, 2013. It was
nearly 3 months after the formation of the 14th National
Assembly- but the Committee did not become
functional until its Chair was elected-another three later
on November 05, 2013- making it a total delay of nearly
5 months after the election of the Leader of the House.
The National Assembly Standing Committee on
Interior & Narcotics Control held a total of 8 meetings
in the first Parliamentary year.
The process of Election of Chairman of the National
Assembly Standing Committee on Interior was held on
November 05, 2013, after two months of the
announcement of members of the Committee. Rana
Shamim Ahmed Khan, MNA (NA-112, Sialkot-III,
Punjab, PML-N) was elected as the Chairman of the
Committee.
During the past Parliamentary year (June 01 2013 May 31, 2014), the Committee approved the AntiTerrorism 2013 Bill and National Counter Terrorism
Authority Bill (NACTA) 2013. The Committee
members also asked for legislation to keep a check on
the activities of banned organisations in the country and
sought explanation over the alleged activities of US
Security Agency 'Black Water' in Pakistan, negligence
For details, please see The IPU-DCAF Handbook on Parliamentary Oversight of the Security Sector: Principles, Mechanisms and Practices
(2003): http://www.ipu.org/PDF/publications/decaf-e.pdf
For details, please see Rules of Procedures and the Conduct of Business in the National Assembly of Pakistan, National Assembly of Pakistan
09
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
of senior officers in promotions during the year 2009
and formation of tribal Lashkar against Taliban in tribal
areas including Swat and Punjab. The committee
observed that such steps by the Government would
further aggravate the law and order situation of the
country.
The major work accomplished by the Standing
Committee on Interior during the First Parliamentary
year was the approval of Protection of Pakistan
(Amendment) Bill 2014 (PPO) by a majority.5 The
Anti-Terrorism (Amended) Bill 2014 and the
Protection of Pakistan (Amendment) Bill 2014 were
successfully passed by the National Assembly of
Pakistan.
The National Assembly Standing Committee on
Interior & Narcotics Control presented three (3)
Reports in the House on January 31, 2014 on the
Protection of Pakistan Bill, 2013 (Ordinance No. IX of
2013), Anti-Terrorism (Amendment) Bill 2013
(Ordinance No. VII of 2013) and Anti-Terrorism
(Amendment) Bill, 2013 (Ordinance No. VII of 2013).6
Similarly, a report on the amendment of The Protection
of Pakistan was presented in the National Assembly by
the Committee on April 02, 2014.7 During the past
tenure (2008-2013), the Chairman, Standing
Committee on Interior & Narcotics Control, Mr. Abdul
Qadir Patel. presented a report on National Database
and Registration Authority Ordinance, 2000 [The
National Database and Registration Authority
(Amendment) Bill, 2011] in the National Assembly.8
Party-wise membership of the Committee is provided
in Table 1.
Table 1: Membership of the National Assembly
Standing Committee on Interior & Narcotics
Control
Party
Number of Members
in the Committee
Pakistan Muslim League Nawaz (PML-N) 10
Rana Shamim Ahmed, MNA
(NA-112, Sialkot-III, Punjab)
Mr. Ibadullah, MNA
(NA-31, Shanglapar, KP)
Mr. Ghalib Khan, MNA
(NA-41, Tribal Area-VI)
Sheikh Mohammad Akram, MNA
(NA, 89, Jhang-I, Punjab)
Mian Shahid Hussain Khan Bhatti, MNA
(NA-103, Hafizabad-II, Punjab)
Syed Iftikhar Ul Hassan, MNA
(NA-113, Sialkot-IV, Punjab)
Syed Javed Ali Shah, MNA
(NA-152, Multan-V, Punjab)
Makhdoomzada Basit Bokhari, MNA
(NA-179, Muzafargarh-IV, Punjab)
Makhdoom Syed Ali Hassan Gillani, MNA
(NA-183, Bhawalpur-I, Punjab)
Ms. Tehmina Daultana, MNA
(NA-305, Women, Punjab-XXXIII
Pakistan Peoples Party Parliamentarian 3
(PPPP)
Mr. Nauman Islam Shaikh, MNA
(NA-198, Sukkur-I, Sindh)
Mr. Ehsan Ur Rehman Mazari, MNA
(NA-210, Kashmore, Sindh)
Nawab Mohammad Yousaf Talpur, MNA
(NA-228, Umerkot, Sindh)
Pakistan Tehreek-e-Insaf (PTI)
2
Dr. Arif Alvi, MNA
(NA-250, Karachi-XII, Sindh)
Col. (Retd.) Amirullah Marwat, MNA
(NA-27, Lakki Marwat, FATA)
Muttahida Quami Movement (MQM)
Sardar Nabeel Ahmed Gabol, MNA
(NA-246, Karachi-VIII, Sindh)
2
Syed Asif Hasnain, MNA
(NA-259, Karachi-XVII, Sindh)
Jamaat-e-Islami (JI)
Mr. Sher Akbar Khan, MNA
(NA-28, Bunair, KP)
Jamiat Ulema Islam (Fazul Ur Rehman)
JUI-F
Ms. Naeema Kishwer Khan, MNA
(NA-327, KP VII, JUI-F)
Balochistan National Party (BNP)
Sayed Essa Noori, MNA
(NA-272, Kech-cum-Gawadar, Balochistan)
Total
5.
6.
7.
8.
10
1
1
1
20
For details, please see NA Body approves Protection of Pakistan Amendment Bill, The News, April 02, 2014
For details, please see Committee Reports, National Assembly of Pakistan http://www.na.gov.pk/en/committee_reports.php
For details, please see Committee Reports, National Assembly of Pakistan http://www.na.gov.pk/uploads/documents/1398149191_779.pdf
For details, please see National Assembly Motions, National Assembly of Pakistan http://www.nagov.net/uploads/documents/ofday111212.pdf
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
Meetings of the National Assembly
Standing Committee on Interior &
Narcotics Control: 2013-2014
During the First Parliamentary year of the 14th National
Assembly (June 2013 – May 2014), the National
Assembly Standing Committee on Interior & Narcotics
Control held a total of 8 meetings.
During the past 5 Parliamentary years (2008-2013), the
Standing Committee on Interior & Narcotics had held a
total of 27 meetings with 5 meetings per year on the
average. This depicts that during the first Parliamentary
year, the Interior Committee showed a progress in the
number of meetings held.
The National Assembly Standing Committee on
Interior & Narcotics Control presented three (3)
Reports in the House on January 31, 2014 on the
Protection of Pakistan Bill, 2013 (Ordinance No. IX of
2013), Anti-Terrorism (Amendment) Bill 2013
(Ordinance No. VII of 2013) and Anti-Terrorism
(Amendment) Bill, 2013 (Ordinance No. VII of 2013).9
Table 2: Meetings of the National Assembly
Standing Committee on Interior & Narcotics
Control: 2013-2014
Month
Number of Meetings held
November, 2013
01
December, 2013
01
January, 2014
03
February, 2014
01
March, 2014
01
April, 2014
01
May, 2014
00
During the past 5-years, (2008-2013) the Committee
had laid only 1 report on National Database and
Registration Authority Ordinance, 2000 [The National
Database and Registration Authority (Amendment)
Bill, 2011] in the National Assembly.10
Figure 1: Comparison of previous and current National Assembly Standing Committee on Interior & Narcotics
Control
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
5-Year Performance of the
Committee 2008-2013
First Parliamentary Year 2013- 2014
9. For details, please see Committee Reports, National Assembly of Pakistan http://www.na.gov.pk/en/committee_reports.php
10. For details, please see National Assembly Motions, National Assembly of Pakistan http://www.nagov.net/uploads/documents/ofday111212.pdf
11
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
Details of Meetings
November 05, 2013: Election of the Chair
The first meeting of the National Assembly Standing
Committee on Interior & Narcotics Control was held on
November 05, 2013. Rana Shamim Ahmed, MNA
(NA-112, Sialkot-III, Punjab, PML-N) was elected as
the Chairperson of the Committee.
December 31, 2013: Review on the Anti-Terrorism
(Amendment) Ordinance, 2013, The Protection of
Pakistan Ordinance 2013 & The Code of Criminal
Procedure (Amendment) Act 2013
The Standing Committee of National Assembly on
Interior & Narcotics Control on December 31, 2013
took up The Anti-Terrorism (Amendment) 2013 that
was laid in the National Assembly in November and
was referred to the Committee for further deliberation
before being tabled in the House.
The committee, led by PML-N MNA Rana Shamim
Ahmed Khan also discussed the Protection of Pakistan
Ordinance, The Code of Criminal Procedure
Amendment Act 2013 and The Criminal Law
Amendment Bill 2013 in its meeting.
The Anti-Terrorism Ordinance calls for more
legislative measures to enhance the effectiveness of
law enforcing agencies due to increasing terrorism in
the country. It reflects the Government's resolve to
constantly review and strengthen counter-terrorism
financing regime and to bring it par with the
international standards. It also addresses the
shortcomings that relate to the provision on terrorist
financing in Anti-Terrorism Act 1997 which were
highlighted by the Financial Action Task Force, an
international body comprising many countries and
international organisations that set and monitor
international standards on anti-money laundering and
counter-financing of terrorism.
In particular the legislation strengthens provision
relating to offence of terrorism financing and for
effective measures for law enforcing agencies to
investigate such offences. It also deals with conferment
of powers of investigation on Rangers, providing legal
cover to Joint Investigation Team (JIT), enabling police
to become complainants in extortion cases and special
provision for protection of witnesses through video
link.
11.
A prominent clause of this Bill stated that any person
arrested by the armed forces or civil armed forces under
Section 5 shall be handed over to the investigating
officer of the police station-designated by the
provincial Government in each district.11
January 08, 2014: Second Meeting on The AntiTerrorism (Amendment) Ordinance, 2013 and The
Protection of Pakistan Ordinance 2013
A meeting of the National Assembly Standing
Committee on Interior & Narcotics Control was held on
January 08, 2014 in Islamabad. The Standing
Committee was briefed about The Anti-Terrorism
(Amendment) Ordinance, 2013. The main object of the
Bill was that due to the increasing terrorism in the
country, more legislative measures are required to
enhance the effectiveness of the Law Enforcing
Agencies in tackling heinous crime, specially
conferring powers of investigation on Rangers,
providing legal cover to Joint Investigation Team (JIT),
enabling Police to become complainants in extortion
cases and special provisions of witness through video
recording.
After detailed deliberations, the Committee was unable
to finalise the Ordinance because of a majority of
member's unwillingness to support the amendments.
The meeting was postponed to another date.12
J a n u a r y 1 3 , 2 0 1 4 : T h e A n t i - Te r ro r i s m
(Amendment) Ordinance, 2013 passed by majority
The National Assembly Standing Committee on
Interior & Narcotics Control met on January 13, 2014
in Islamabad to discuss and review The Anti-Terrorism
(Amendment) Ordinance, 2013 and The Protection of
Pakistan Ordinance 2013. After detailed deliberations
on The Anti-Terrorism (Amendment) Ordinance 2013,
the members of the Committee passed the Bill in
majority with some amendments.
During the meeting, The Standing Committee
expressed its deep sorrow and offered Fateha on the
death of SP CID Chaudry Aslam. The Committee also
passed a resolution unanimously for appreciating
unprecedented role of Shaheed Aitazaz Hassan, a 15year old student who saved lives of more than hundred
students in Hangu.13
For details, please see NA Panel to take up anti-terror Bill today, The Daily Times, December 31, 2013
http://www.dailytimes.com.pk/national/31-Dec-2013/na-panel-to-take-up-anti-terror-bill-today
12. For details, please see Committee Meeting's Press Release: http://www.na.gov.pk/en/pressrelease.php?content=103
13. ibid.
12
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
January 21, 2014: The Protection of Pakistan
Ordinance 2013 passed by the Committee
A meeting of the Standing Committee on Interior and
Narcotics Control was held today on January 21, 2014
in Islamabad. The Standing Committee deliberated on
The Protection of Pakistan Ordinance 2013 (Ordinance
No. IX of 2013) and passed it with overwhelming
majority, although a few members from PTI and MQM
dissented with the Bill. The Chairman opined that the
Bill is of utmost importance and will go a long way in
curbing heinous crimes against the people of Pakistan,
and thanked the members of the Standing Committee
for the passage of the Bill.
During the meeting, the Committee members strongly
condemned the terrorist attacks in Rawalpindi, Bannu
and Peshawar and also attack on the News team of
Express TV and on Mufti Usman in Karachi. The
Standing Committee also took serious notice of the
burglary in the house of renowned journalist Mr.
Saleem Safi and directed that the culprits be taken to
task as early as possible.14
February 19, 2014: Comprehensive Briefing by the
Ministry of Interior
A meeting of the Standing Committee on Interior and
Narcotics Control was held February 19, 2014 in
Islamabad under the Chairmanship of Rana Shamim
Ahmad Khan, MNA to discuss the agenda “A
comprehensive briefing by the Ministry of Interior and
Narcotics Control and its attached Departments (except
Narcotics Control)”.
belonging to the Muttahida Qaumi Movement (MQM),
brought forward the demand for the imposition of
emergency in the country and termed those who talked
of negotiating with the Taliban as 'fools' during the
meeting.
An intense argument took place between Mr. Nabeel
Gabol, MNA, MQM, Pakistan Muslim League-Nawaz
(PMLN)'s Ms. Tehmina Doltana and Pakistan Peoples
Party (PPP)'s Sardar Yousuf Talpur.
The Chairman of the National Assembly's Standing
Committee on Interior, Rana Shamim Ahmad Khan,
said that at the moment there was no need of the
imposition of an emergency or a Marshal law in the
country.16
March 26, 2014: Consideration of the Ordinance 1
of 2014 (to amend the Protection of Pakistan
Ordinance 2013)
A meeting of the National Assembly Standing
Committee on Interior & Narcotics Control was held on
March 26, 2014 in Islamabad. The Committee
members reviewed the Consideration of the Ordinance
No.1 of 2014 (to amend the Protection of Pakistan
Ordinance 2013).
April 01, 2014: Amendments to the Protection of
Pakistan Ordinance
Members of the National Assembly Standing
Committee on Interior & Narcotics Control met on
April 01, 2014 to finalise the amendments to the
Protection of Pakistan Ordinance, 2013 (No. IX of
2013) to [The Protection of Pakistan (Amendment)
Bill, 2014] (Ordinance NO.1 of 2014). The report on
the Protection of Pakistan (Amendment) Bill, 2014 was
presented to the House by the Chairman National
Assembly Standing Committee on Interior, Rana
Shamim Ahmed Khan, MNA on April 02, 2014.17
The Committee was briefed on the working of Ministry
of Interior and its attached departments. The Minister
of State Mr. Balighur Rehman told the Committee that a
National Security Policy will soon be presented before
the Cabinet. It was further told that intelligence sharing
among all the agencies has increased and all
departments under Ministry of Interior has been made
proactive rather being reactive.
Comparison with other Countries
The Standing Committee passed a unanimous
resolution condemning recent terrorist attacks on AAJ
TV, Nawai Waqt TV and ARY TV. The committee
strongly condemned the heinous crime of killing of 23
Frontier Constabulary soldiers and 22 police cops in
Karachi as well as other terrorist attacks.15
During the meeting, Mr. Nabeel Gabol, MNA
In the UK Parliament, the Home Affairs Committee is
one of the departmentally select committees. The
Committee consists of 11 Members of the House,
drawn from the three largest political parties. The
House of Commons appoints the Committee with the
task of examining the expenditure, administration, and
policy of the Home Office and its associated public
14.
15.
16.
17.
For details, please see National Assembly Committee Press Release: http://www.na.gov.pk/uploads/documents/1390368270_852.pdf
For details, please see National Assembly Committee Press Release: http://www.na.gov.pk/en/pressrelease.php?content=103
For details, please see Nabil Gabol demands imposition of emergency in Pakistan, Dawn, February 19, 2014:
http://www.dawn.com/news/1088081
For details, please see Protection of Pakistan Ordinance 2013, Protection of Pakistan (Amendment) Ordinance 2014, Legislative Brief,
PILDAT Publication, April 2014:
13
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
bodies.
The Committee chooses its own subjects of inquiry and
seeks written and oral evidence from a wide range of
relevant groups and individuals. At the end of an
inquiry the Committee will usually produce a report
setting out its findings and making recommendations to
the Government. The Government must respond to
each of the report's recommendations within two
months of publication.18
The Committee is engaged to deal with various local
issues arising in UK, e.g. Counter Terrorism Measures,
national DNA database, Strengthening Police service,
narcotics smuggling, UK Border Agency, domestic
violence etc.
Following the September 11 terrorist attacks in the US,
the Anti-terrorism, Crime and Security Act 2001 was
put into place in UK in December 2001 to counter
terrorism. The Act, however, was widely criticized and
consequently, a new law was put in place in 2005 called
the Prevention of Terrorism Act 2005 (PTA)
introducing a system of control orders to manage the
risk posed by the suspected terrorists. After the current
Government came into power, it conducted a “rapid
review” of “key counter- terrorism and security
powers” in July 2010, and released its findings in
January 2011. As a result, The Terrorism Prevention
and Investigation Measures Act has been put in place.
The preventive detention period has been reduced from
90 days to 14 days only.19
The PPP and PPO (Amendment) ordinance 2014
compared to the Anti-Terrorism laws in the UK
Since 2000 there have been 5 major pieces of antiterrorism legislation in the UK. As compared to the
preventive detention of 90 days envisaged in the
Pakistani legislation or in the case of enemy aliens
facing an unlimited detention: the UK laws are based
on control orders which impose conditions on the
18.
19.
20.
21.
14
movements of the suspected person. In 2004 following
a ruling that foreign nationals could not be detained
without trial and that this was a breach of the European
Convention on Human Rights, the UK law was
amended [Prevention of Terrorism Act 2005] where
even the movements of foreign nationals could only be
subject to control orders. The Counter Terrorism Act
2008 allows the police to question suspects after they
have been charged. It requires convicted terrorists to
notify the police of their whereabouts. The
Government attempted to increase the pre-charge
detention of terrorist suspects to 42 days but was
defeated. The pre-charge detention of terrorist suspects
remains 28 days. One interesting aspect of the Counter
Terrorism Act 2008 is the provision whereby it makes
the eliciting, publishing or communicating information
or photographs of the police a potential offence. One
can see reflected in this a need to protect police forces. 20
The PPO and PPO (Amendment) Ordinance 2014
compared to the Anti-Terrorism Laws in India
The Prevention of Terrorist Activities Act [POTA] was
introduced in India in 2002. It was heavily criticized for
curtailing human rights. It was repealed in 2004 and
replaced by the Unlawful Activities (Prevention)
Amendment Act, 2004 which amended the pre-existing
Unlawful Activities (Prevention) Act, 1967 [UAPA].
Many of the penal provisions of the POTA were
incorporated into the UAPA. However some of the
objectionable clauses of the POTA, from the point of
view of human rights, were dropped. As the Indian
terrorism law currently stands, the burden of proof is on
the police. There is no presumption of guilt against the
suspected terrorist. A confession made before a police
officer may not be used against the suspect. The prior
sanction of the Central or State Government is
necessary before taking cognizance of offences under
the UAPA. The Criminal Procedure Code 1973 applies
to arrests, bails, confessions, etc., under the UAPA.
Those arrested must be brought before a Judicial
Magistrate within 24 hours.21
For details please see Home Affairs Committee Role: http://www.parliament.uk/business/committees/committees-a-z/commonsselect/home-affairs-committee/role/
For details, please see Study Visit to UK on Democratic oversight on Defence and National Security, July 2013:
http://www.pildat.org/Publications/publication/CMR/PakistaniParliamentariansAndIntellectualsOnDemocraticOversightonDefenceandNati
onalSecurityintheUK_July03-05_%202012.pdf
For details, please see PILDAT Legislative Brief, Protection of Pakistan Ordinance, 2013 & Protection of Pakistan (Amendment) Ordinance
2014, April 2014:
http://www.pildat.org/Publications/publication/LB/PILDATLegislativeBrief19_ProtectionofPakistanOrdinance2013ProtectionofPakistan_A
mendment_Ordinance2014.pdf
ibid
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
Table 3: A Snapshot of Meetings of the National Assembly Standing Committee on Interior & Narcotics Control
No.
Date
Issue (s) Discussed
1.
November 05, 2013
Election of Chairman, NA Committee on Interior & Narcotics Control
2.
December 31, 2013
Review on the Anti-Terrorism (Amendment) Ordinance, 2013, The
Protection of Pakistan Ordinance 2013 & The Code of Criminal
Procedure (Amendment) Act 2013
3.
January 08, 2014
Second Meeting on The Anti-Terrorism (Amendment) Ordinance,
2013 and The Protection of Pakistan Ordinance 2013
4.
January 13, 2014
The Anti-Terrorism (Amendment) Ordinance, 2013 passed by majority
5.
January 21, 2014
The Protection of Pakistan Ordinance 2013 passed by the Committee
6.
February 19, 2014
Comprehensive Briefing by the Ministry of Interior
7.
March 26, 2014
Consideration of the Ordinance 1 of 2014 (to amend the Protection of
Pakistan Ordinance 2013)
8.
April 01, 2014
Amendments to the Protection of Pakistan Ordinance
15
Citizens Report
Performance of the National Assembly Standing Committee on Interior & Narcotics Control
June 01, 2013 - May 31, 2014
Conclusions
During the First Parliamentary year of the 14th National Assembly (June 2013 – May 2014), the National Assembly
Standing Committee on Interior & Narcotics Control held a total of 8 meetings. During the past 5 Parliamentary years
(2008-2013), the Standing Committee on Interior & Narcotics had held a total of 27 meetings with 5 meetings per year
on the average. This depicts that during the first Parliamentary year, the Interior Committee showed a progress in the
number of meetings held.
While the Committee has shown pro-activeness, it must be invite experts' opinion on pieces of legislation under its
review.
Pakistan unveiled its first ever National Internal Security Policy (NISP) after 67 years of its existence. The NISP was
presented in the National Assembly on February 26, 2014 after the approval of Federal Cabinet. Being the first-ever
policy of its kind in the country, the NISP is worth analysing at all relevant forums in the country. It is unclear whether the
National Assembly Standing Committee on Interior reviewed the National Internal Security Policy (NISP) before it was
unveiled. However, now that a policy is in place, the critical question is that of the need for a review and oversight
mechanism in place for the policy. One of the foremost tasks of the Committee in the future will be the oversight and
review of the implementation of the NISP. The Interior Committee should be asking questions such as whether the
Government is planning on presenting a periodic review of the implementation of the NISP and present it to the
Parliament? The UK Government presents an annual report on Strategic Defence and Security Review in this regard and
in the UK Parliament, when the first National Security Policy of the UK Government was launched in October 2010, a
special Joint Committee of the UK Parliament on National Security Strategy was formed as a Committee of both Houses
of the UK Parliament to consider the UK National Security Strategy. The UK Committee brings together 22 members of
both the House of Commons and the House of Lords, including the chairs of the relevant Commons departmental select
committees to consider the National Security Strategy. The Committee on Interior should consider joining hands with
relevant committees in the Senate to conduct such a review.
16
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