KP fails to pass Conflict of Interest bill

ISLAMABAD: Despite expressing his strong desire to discourage nepotism and favouritism in Khyber Pakhtunkhwa (KP), Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan has failed to convince the lawmakers in PTI-ruled KP to pass the much-touted bill on “Conflict of Interest” which was tabled in the provincial assembly almost two years ago. Since the formation of his party’s government in KP, Imran has been constantly stressing his resolve to promulgate the “Prevention of Conflict of Interest Bill” but lawmakers are using various delaying tactics to ensure that their “business interests” are not harmed. Even the longest session in the history of Parliament that ended this week after 80 sittings, could not see the bill passed.

The bill was introduced in provincial assembly on 6th June 2014 to establish clear conflict of interest and related post-employment principles for public officeholders to prevent and minimise the possibility of conflicts arising between private interests and public duties of public officeholders in the province.

However lawmakers from across the political divide presented a strong resistance to the bill claiming that it will harm their business interests and their families. The passage of the bill has been delayed thrice despite various amendments in the original legislation by a select committee of the House.

When contacted by The News, KP Assembly Deputy Speaker Meher Taj Roghani said the bill had complication and even PTI lawmakers had some “genuine” reservations about the bill in current form. “The original bill stated that even the family members of the lawmakers cannot involve in any business. This was very strong condition and we have to make changes in the law,” she said.

The deputy speaker said that the bill would soon be passed by the assembly after developing consensus among the lawmakers. However the Provincial Minister for Information Mushtaq Ghani told The News that he had no update on the date of approval of the bill. “Currently I cannot comment any further on the issue as I am busy in family engagements after the recent death of a close relative,” the minister conveyed.

Most vocal opponents of the bill are members of Jamait Ulema-e-Islam (F) Qaumi Watan Party (Sherpao). “This bill has been introduced on the pressure of Banigala. My son and my brother have their own businesses. How can they be stopped from doing business just on the basis of my election as member?” JUI-F MP Munawar Khan asked.

“They should give us facilities and privileges first if they want the bill to be passed,” he said, adding that only ministers should be barred from engaging in businesses that relate to their ministries. He said that the delay in passage of the bill was not caused by JUI-F.

However, another MP from his party Mahmood Khan Batani expressed strong opposition to the bill in its current form. “These kinds of laws are for advanced countries in the West. In our culture every member of family has his own business so they can’t be stopped from doing businesses,” he said.

Qaumi Watan Party (Sherpao) KP chief Sikandar Hayat Sherpao had proposed amendments in the bill saying that earlier version of the bill violated the fundamental and constitutional rights of the individual to own a private business unless it causes a conflict of interest.

After facing strong opposition from the MPs the bill was referred to the House’s select committee headed by KP Chief Minister Pervez Khattack on November 19, 2014. The committee proposed various changes in the bill.

An earlier draft of the bill stated no public office holder will be allowed to engage in private professions. However, the amendments proposed by the select committee indicate public office holders should not engage in a profession that results in a conflict of interest.

Under the bill, the government will establish the prevention of conflict of interest and ethics commission comprising three members and headed by a chairman. The bill says no public officeholder will make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public officeholder knows or reasonably should know that in the making of the decision, he or she will be in a conflict of interest.

The bill says that ‘public officeholders’ mean the governor, the chief minister, speaker of the provincial assembly, deputy speaker, provincial ministers, advisers and special assistants to the chief minister, parliamentary secretaries, MPAs, advocate general, including additional advocate general, deputy advocate general, political secretary, consultant to the chief minister and one who holds or has held a post or office with the rank of status of a provincial minister, nazim and naib nazim of a local council and members of the subordinate judiciary.