Low BTU gas pricing policy: ECC leaves matter to Law Ministry's discretion

The Economic Co-ordination Committee (ECC) of the Cabinet has left the low BTU gas pricing policy 2012 to the discretion of the Ministry of Law and Attorney General of Pakistan. Official documents available with Business Recorder suggest that the ECC was informed on 20 January, 2012 that the low BTU gas pricing policy was placed before it in its meeting on November 25, 2011.
However, it was decided to obtain opinion of the Law, Justice and Parliamentary Affairs Division, as the matter fell in the domain of Council of Common Interests (CCI) under Article 154 of the Constitution. The meeting was informed that the matter was referred to the Law, Justice and Parliamentary Affairs Division, but their response has not been received. However, considering the importance of the matter, the proposed low BTU gas pricing policy has again been submitted for consideration of the ECC.
During discussion in the ECC-meeting, it was stated that subsequent to the submission of the summary, opinion of the Law, Justice and Parliamentary Affairs Division has been received, wherein that Division has opined that low BTU gas pricing policy fell in the domain of the CCI, as natural gas is included in Part-II of the Federal Legislative List.
The Law, Justice and Parliamentary Affairs Division also stated that day to day matters concerning natural gas can be decided by the Federal Government, without reference to CCI. The meeting was also informed that Part-II of the Federal Legislative List contains an elaborate list of subjects, which fall in the domain of the CCI.
However, since long meeting of CCI has not been held although under Article 154 of the Constitution, meetings of the CCI are required to be held on quarterly basis, a number of important policy matters are awaiting consideration and approval of the CCI. It was proposed that the Cabinet Division should impress upon the Ministry of Inter-Provincial Co-ordination to convene meeting of the CCI at the earliest in accordance with Article 154 of the Constitution.
Another view was that if all matters listed in Part-II of the Federal Legislative List are placed before the CCI, then the ECC of the Cabinet would become redundant. As such, the matter needs to be revisited for determination of jurisdiction of the CCI. Regarding the proposed low BTU gas pricing policy, Ministry of Petroleum opined that it will take up the matter afresh with the Law, Justice and Parliamentary Affairs. After detailed discussions, the following options were suggested for consideration of the ECC: (i) The opinion of the Law, Justice and Parliamentary Affairs Division is at variance with that of Ministry of Petroleum and Natural Resources, therefore, the matter may be referred to the Attorney General of Pakistan in accordance with the Rules of Business 1973 and further action may be taken in the light of his opinion. Or (ii) the proposed Low BTU Gas Pricing Policy may be placed before the Council of Common Interests in accordance with the opinion of the Law, Justice and Parliamentary Affairs Division; Or (iii) The proposed policy should be approved, in principle, by the ECC subject to the condition that the Ministry of Petroleum will refer the matter to the Law Division for review of its earlier opinion as well as to the Attorney General of Pakistan.
In case Law Division agrees to reverse its opinion, the proposed policy will be considered as finally approved otherwise it will be placed before the CCI. The ECC also decided that that the Cabinet Division will write and impress upon the Ministry of Inter Provincial Co-ordination for early convening the meeting of the Council of Common Interests in accordance with Article 154 of the Constitution.