Senate defers Trade Control of Wild Fauna and Flora Bill

The Upper House of Parliament on Friday deferred the bill 'Pakistan Trade Control of Wild Fauna and Flora' due to devolution of the Environment Ministry. The National Assembly has already passed this bill on December 29, 2010.
The House thoroughly discussed the bill whether it should be referred to the concerned standing committee of the Senate or deferred due to devolution of the Environment Ministry under 18th Amendment of the Constitution. After listening arguments of various members, including Mian Raza Rabbani and Dr Babar Awan, the Acting Senate Chairman deferred the bill for the time being.
The bill was moved by Leader of the House in Senate Syed Nayyar Hussain Bokhari on behalf of Samina Khalid Ghurki. Bokhari insisted that the bill should be referred to the concerned standing committee of the House for deliberation. He said that Pakistan was signatory to United Nations convention on international trade in endangered species of wild fauna and flora.
Bokhari further said that the National Assembly had already passed the bill and since the Environment Ministry had not been devolved yet, therefore, it should not be delayed any further. Senator Mian Raza Rabbani, who is also the Chairman of Implementation Commission of 18th Amendment, informed that as many as 10 ministries had been devolved while others were in the process. He said that the House could not pass the bill because the concerned ministry had been transferred to the provinces and the process of devolution would be completed till June 30, 2011.
"Some forces having vested interests want to block the process of devolution. The government will violate the constitution if the devolution process is not completed by June 30, 2011," he said. Nayyer Hussain Bokhari said that the PPP-led government had no intention to interrupt the devolution process while the party fully supported the passage of 18th Amendment. However, he added that the provinces had not yet taken any initiative relating to the ministries being transferred to them. He said that the federal government had signed international treaty relating to some ministries and in this regard, they had to do some legislation.
"Being a signatory to UN conventions, we have to do certain legislation and for this purpose, the implementation commission on 18th Amendment must give us suggestions," Bokhari said. Raza Rabbani was of the view that the federal government could not do legislation as the Environment Ministry was being devolved to the provinces.
Muhammad Ishaq Dar of PML-N, who was also the member of the Implementation Commission, said that the Environment Ministry was previously in the concurrent list. Since the concurrent list had been abolished, the federal government could not do any legislation in this regard, he added.
He further said that if federal government wanted to do legislation then the provincial assemblies had to pass a resolution or the legislation should be made by the provinces. Babar Awan said that on page 5 of the bill and according to section 15: "The Pakistan National Council for the Conservation of Wildlife (NCCW) shall be the management authority and the Federal Government may, by notification in the official gazettes, designate one or more management authorities."
Similarly, he said that according to section 16 of the bill, the federal government, on the recommendation of the management authority, shall designate one or more scientific authorities, as deemed appropriate from time to time or on case basis, to render advice on plants and animals; the final decision on all matters related to the Convention shall rest with the management authority. He said that when the Parliament passed 18th Amendment, the devolution was done while the implementation commission was part of the Constitution which should complete this process in the given time.