ISLAMABAD: The opposition in the Senate on Tuesday failed to block the laying of a money bill consisting of a complex set of amendments to tax laws in the house, after raising technical objections and seeking a house vote to decide if it was acceptable.

A copy of the money bill — the Tax Laws Amendment Bill 2020 — was finally laid in the house by Minister for Parliamentary Affairs Azam Swati on behalf of Adviser to the Prime Minister on Finance and Revenue Dr Abdul Hafeez Shaikh.

PPP parliamentary leader in the house Sherry Rehman was the first to object, saying that it was not a bill but an ordinance. “How can you promulgate an ordinance when both the houses of parliament are in session?” she asked. She said this was against the Constitution and was unacceptable. “They are trying to demean the parliament,” she remarked.

Mr Swati, however, explained that the ordinance had been promulgated on Dec 28, 2019, when both the houses of parliament were not in session. He said later the ordinance landed in the National Assembly as a money bill and was transmitted to the Senate as a bill.

Leaders raise technical objection to bill and seek a house vote on it

Leader of the Opposition in the Senate Raja Zafarul Haq said the opposition would like to reject the bill. Mr Swati insisted that there was no error in the procedure adopted.

Leader of the House in the Senate Syed Shibli Faraz referred to Article 89 (3) (a) of the Constitution that reads: “An ordinance laid before the National Assembly … shall be deemed to be a bill introduced in the National Assembly.”

He said the bill had been introduced in the National Assembly and transmitted to the Senate on Jan 30. He said now it was to be referred to the finance committee of the house for making recommendations, which would not be binding on the National Assembly.

Mr Haq said there was confusion and asked the chair to let the house decide on the fate of the bill. Mr Faraz responded by saying there was no room for a decision on a question of law by the house. He asked the opposition to quote a law to prove if the government was doing something illegal. “I will publicly tender an apology, if it is proved that the government did something wrong”, he said while throwing a challenge to the opposition.

Sherry Rehman objected to the title of the document and said it did not mention it was a bill. “Let the house decide if we are ready to accept it as a bill or not”, she asked Senate Deputy Chairman Saleem Mandviwala who was chairing the session. Raja Zafarul Haq endorsed the demand.

Shibli Faraz however wondered as to why the opposition leader was adamant. “Perhaps they are big-headed because of their numerical strength in the house”. He reiterated that voting could not take place on a technical issue involving law. He said an issue was being created out of a non-issue. “This is unfortunate.”

Azam Swati criticised the chair for prolonging the unnecessary debate and said: “I am not challenging the authority of the chair but this is totally wrong”.

A confused Mandviwala said he was not preventing the minister from laying the bill.

The bill was laid before the house and referred to the finance committee for submitting a report within 10 days, with the opposition leader still clamouring that it was a wrong procedure which was against the constitution. He said this was also against the decision of the house and repeated the demand for voting.

However, Mr Mandviwala said there was nothing to vote now. He said the bill had been transmitted by the National Assembly.

Sherry Rehman said it had to come in the house as a bill.

Taking part in the debate, Muzaffar Hussain Shah of the Pakistan Muslim League-Functional said a point of law was never put to the house for a vote. He said a money bill had to originate from the National Assembly and transmitted to the Senate and this was exactly what had happened. “I do not know what the controversy is all about”, he remarked.

Mr Shah reminded Mandviwala that he had already decided the issue and the bill had been laid.

Even after that the controversy refused to die with Sherry Rehman saying: “Look at the content transmitted which clearly mentions it is an ordinance.” She warned against insulting the Senate and said “take the laying [of the bill] back”.

Mr Shah said the Senate’s domain was limited to the provision of Article 73 of the Constitution and that it had no jurisdiction to say it was not a bill but an ordinance.

Javed Abbasi of PML-Nawaz also said the government did not lay ordinances in the Senate for the fear of being disapproved by the house.

Mr Faraz said all that had been done was in accordance with the law, rules and regulations.

Mr Mandviwala was so confused that first he announced that the proceedings had been adjourned till Friday at 10.30 am, and then suspended the proceedings for 10 minutes.

When the house met again after a short break, Senate Chairman Sadiq Sanjrani was in the chair. He asked Shibli Faraz to move a resolution expressing solidarity with the Kashmiris, which was unanimously adopted.

Published in Dawn, February 5th, 2020