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Parliamentary Control and Oversight: A Study on the Performance of


Parliamentary Standing Committee on Ministry of Environment & Forests
on Environment Related Issues.
MD.OHIDUZZAMAN
ohid1986@fsmail.net

Abstract
The scope and limits of parliamentary control and oversight of environmental issues in Bangladesh are explored
in this research. It focuses on individual & collective techniques of parliamentary control and identify constrains
that limit their potential in ensuring parliamentary accountability to achieve environmental sustainability. The
role of parliament and parliamentary committee on ministry of environment and forest to protect our
environment has largely been analyzed on the basis of collective and individual activities of the members of
parliament from seventh Bangladesh parliament. The findings have shown that parliamentary committee on
ministry of environment and forest of the 7th parliament had given more importance to the routine matters of the
ministry & its department's activities (e.g., irregularities and corruption) than that of 8th parliament. In 8th
parliament, this committee had dealt with more on environmental issues. Committees' discussions were general
in nature on environmental issues and often switched to other issues without completion of the discussion. This
committee also has worked in an environment with limited resources, without expertise which was antagonistic
to its natural growth. Although the relationship between this committee & concerned ministry (environment &
forest) had more harmonious during 8th Bangladesh parliament than of 7th, still standing committee on ministry
of environment and forest needs to do more to protect the country's environment.
Introduction
Bangladesh is widely recognized to be one of the most climate vulnerable countries in the world. She
experiences frequent natural disasters, which causes loss of life, damage to infrastructure and economic assets,
and adversely impacts on lives and livelihoods, especially of poor people. In coming years, it is predicted that
there will be increasingly frequent and severe floods, tropical cyclones, storm surges, sea level rise, and
droughts, which will disrupt the life of the nation and the economy(MoEF 2008:1).

The environment of Bangladesh has gone on degrading during the last two decades and a half. But the ministry
that was exclusively created to address this worsening environmental situation seemed to do little as the
environment steadily deteriorated and environmental concerns multiplied and intensified (Rasul 2008).
According to the allocation of business, matters relating to environment & ecology, environmental pollution
control, conservation of forests and afforestation of the country are allocated to the Ministry of Environment &
Forest (GOB 2000: 30). Similarly as per Rules of Procedure (hereafter, Rules) of Bangladesh parliament,
parliamentary oversight and scrutiny of this ministry's activities are done by Standing Committee on Ministry of
Environment & Forest (hereafter, SCM on Environment and Forest). Therefore it is needed to explore the
working of this committee to identify the scope & limits of parliamentary control and to what extent this
committee is able to protect our environment through exercising its parliamentary duties.

Literature Review
The legislatures as a whole have been a relatively unexplored spectrum of research for the social scientists. Very
few authoritative researches have been conducted in the arena of parliamentary politics & development. There
are some good works on parliament & committees working in Bangladesh parliament. Ahmed's book (2002) is a
very good piece of scholarly work on the nature and working in parliament of Bangladesh. Another recent
scholarly book by Rahman (2008) is an excellent research works on comparative legislature particularly
parliamentary committees in south Asia. Ahmed (1997a, 1997b, 1998a, 1998b, 2000, 2001a, 2002b, 2003) has
published widely on different dimension of Bangladesh Parliament. Two scholarly articles (2000, 2001a) and
one book (2006) are available on the parliamentary committee system of Bangladesh. These are excellent
reviews on the role of committees on the government behave (Rahman 2008:4). Another article by M. Rahman
(2008) has general information on parliamentary committees and other techniques of accountability ensuring
good governance. A chapter by Hasanuzzaman (2007) of a book also presents general overview of the working
of committee system of Bangladesh parliament.
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The available studies are mostly descriptive in nature and none specifically focus on the Standing Committee on
the Ministry of Environment and Forest. Most of the research had focused on three financial committees (PAC,
PUC & PEC) and only 7 SCMs (Education, Finance, Health, Post & Telecommunications, Defense, Agriculture,
and Establishment). In fact, we have little understandings about SCM on Environment and Forest regarding its
types of activities undertakes, the nature of problems it face, and the strategies it adopt to cope with
uncertainties. We do not know much about the way(s) members of this committee perceive their role, or /and
define inter-role relationships. Nor do we have any 'real' idea about significance of the discussion and
recommendations they made in the committee. It is, therefore, required in-depth analytical study on the role &
working of Parliament in general and specifically SCM on Environment and Forest to identify the scope &
limits of this committee to protect our environment.

Objectives and Methodology


The main objective of the research is to explore the scope and limits of committee oversight of environmental
issues in Bangladesh. It specifically examines the operations and activities of SCM on Environment and Forest
of the 7th, 8th and 9th parliament of Bangladesh, identifies how far recommendations of this committee were
implemented and how the performance of the committee can be improved. It compares the nature of activism of
this committee and role of individual committee members in overseeing the environment issues of 7th, 8th &
9th parliament. The rationale for selecting committees of 7th, 8th & 9th parliament is that previously
committees were headed by ministers. Empirical evidence showed that the minister's presence as chairmen in
the committee meetings seriously limited the committees' role as watchdog (Rahman M. 2008:52).

The data were collected in this study through review of available parliamentary studies, examination of the
proceedings of parliament & records of decisions of selected committee, newspapers reports on parliament &
committees. Documentary data both primary & secondary were collected from parliament secretariat. Special
emphasis was given on two core methods: review of the proceedings of parliament & committee, and compare
& contrast the findings. The collected data have analyzed & compared to measure the performance of SCM on
Environment and Forest of 7th, 8th & 9th parliament and put forward suggestions to improve the effectiveness
of this committee. Finally it has tried to interpret the result of the study & suggested avenues for future study.

Parliamentary Control & Legislative Oversight


One of the most important functions of the modern legislature is to make the government behave. Both John
Stuart Mill and Walter Bagehot consider the legislature as unfit to draft the laws and observed that its proper
office was to watch and control the government (Williams 1968: 41). Legislative oversight of administration is
desirable because it provides mechanisms by which administer, who implemented public policies, can be hold
accountable and their programs can be evaluated (Aberbach.1982:390).

There are many specific objectives through legislative oversight can be achieved. But the following deserve
mention: to check against dishonesty and waste; to guard against harsh & callous administration; to evaluate
implementation in accordance with legislative objectives and to ensure administrative compliance with statutory
intent (Rockman 1984:414-15). Thus legislatures are pivotal institutions for securing accountability (Mulgan
2000:515)

Mechanisms of Parliamentary Control and Oversight


There is no 'single best way' of ensuring the accountability of the government. Different legislatures may use
different methods to realize this objective. Most of the Parliament patterned after the Westminster model utilize
almost similar techniques to ask the government to account for its actions. Those can be grouped into two
categories: individual & collective methods. Bangladesh Parliament is not an exception. MP of Bangladesh
parliament uses both techniques to account the executive. The effectiveness of those techniques is discussed in
subsequent sections.

Parliamentary Control & Oversight: Individual Methods


The most important individual technique is questioning ministers, as a means of eliciting information about
matters within their official jurisdiction, is a common practice in all parliaments & one of the celebrated
functions of parliament (Wiberg 1995:180). Westminster model parliament has provision for both written & oral
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answer of questions, Bangladesh & UK also uses the prime minister's question time (PMQT) exclusively
answered by prime minister. Besides questions, a parliament can use several other techniques to securing
government accountability. The most important of them is debate. A significant portion of parliament time has
spent on debating different types of government policies. Westminster patterned parliament also allow different
types of adjournment debates. The Indian parliament also introduced some parliamentary control devices other
than British parliament. These techniques are known as: call attention motions, motions for discussion for short
duration and half an hour discussion. These are intended to give MPs a better scope to raise issues and, in
particular, to dissuade them not to frequently (ab) use the privilege of moving adjournment motions (Ahmed
2006:22). Bangladesh parliament adopted techniques mostly from practice & procedures of Indian parliament.

Ahmad (2002: 110-120) observes partisanship in questions has increased to a great extent over the decades in
Britain. Even the PMQT is not an exception. As Alderman (1996:290) argues: "Far from being regarded as a
serious method of parliamentary scrutiny of the executive, it now tends to be depicted as a ritualized party
political confrontation characterized by a rowdiness ".

Despite drawbacks, questions do serve to keep ministers on their toes. The government can know the
grievances, problems and expectations of public and help to educate the people on the activities and policies,
programs of the government through parliamentary questions (Kashyap 1989: 90-1). The exposure of secrecy,
the puncturing of arrogance, the embarrassment of incompetence or the ridicule of inconsistency can be more
effectively depicted at question time than at any other time(Keefe:85-88). Huq (1989:37) observes that a
question has to be specific to a particular matter, a committee has its own terms of reference, an adjournment
motion, though serious in nature, must be related to a crisis or an urgent problem, the debates provide the
members with a series of opportunities to discuss the budget as a whole and the related bills or items at other
stages. Debates can draw attention to an issue and force a response and even compromise from the government
(Franks1997: 153).

Committees as a Collective Means of Accountability


Committees are ubiquitous increasingly serving as the main organizing centre of both legislation and
parliamentary oversight over the government (Longley and Agh 1997:3). The impact of a legislature has
crucially dependent on its committee arrangements (Shaw 1998:229; Blondel 1990:249). Thomas Reed referred
the House committees as 'the eye, the hand and very often the brain of the House' (Shepsle & Weingast
1998:233).

Committees allow the legislature to perform numerous functions that otherwise might not be conducted at all.
They are capable of offering committee members a variety of rewards and opportunities, such as encouraging
them to build up a more specialized knowledge of policy areas (Emy 1978:406), providing a means of keeping
them busy and feeling useful(Rush 1983:151) and granting them more active and rewarding participation in the
governing process (Jogerst 1993:26). Therefore committees are considered to be more capable of influencing the
behavior of government and administration than the individual methods of accountability (Ahmad 2006:24).

In comparison with other techniques, committees have a better scope to scrutinize a particular issue deeply with
breadth and suggest possible remedies. Committees enjoy the power to send for persons, papers and documents.
Committees have an important deterrent power to conduct enquires, Unlike individual devices, which can at
most prompt the conduct of enquiries, committees can do them on their own. Committees also have right to ask
for public submission in many countries. There is also limitation of committee systems. Committees' activity is
hindered by the lack of legislative expertise, the fluidity of committee membership and the absence of
competent professional staff (Mezey 1979:68).

The individual techniques can be used as partisan purposes to score political points, even can be used as
instruments to attack/neutralize political opponents than informed scrutiny of government policy. But
committees generally operate along non-partisan lines. Committees provide an important setting for inter-party
bargaining and compromise. Experience shows that ministers can not ignore the unanimous recommendations of
a bi-partisan committee, especially when the minister's own party has a majority on the committee (Ahmed
2006:25-26). Therefore parliamentary committees matter more than the individual methods in ensuring
government accountability.
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Bangladesh Parliament & Means of Accountability


In Bangladesh Parliament, the Rules provide number of techniques to ask the executive to account for their
actions. These can be grouped as individual and collective. This section deals with individual techniques of
parliamentary accountability.

Rule 41 specifies the first hour of every sitting is available for asking and answering questions except on the day
the budget is presented. Additionally first 30 minutes of every Wednesday are available for PMQT. Rule 60
provides MPs an opportunity to ask for half-an-hour discussion on a matter of public importance, which has
been the subject of a recent question, and the answer to which needs clarification on a matter of fact. Rules 61-
67 provide provisions for a motion of adjournment of the business of the House for the purpose of discussing a
matter of recent and urgent public importance. Rules 68-70 provide for discussion on matters of urgent public
importance for a short duration. Rule 71 provides an MP to call the attention of a minister to any matter of
urgent public importance and the minister may make a brief statement (BJS 2007: 15-24). MPs can also move
private members resolutions demanding government actions, or/and support. Besides debates on president's
speech, finance minister's budget speech also provides for some scope to the MPs to scrutinize the activities of
the government.

None of the techniques can be moved without advance notice being given to Parliament Secretariat (PS). While
questions(PMQT every Wednesday) can be asked and call attention motions moved in every sitting day except
on the day the budget is presented, half-an-hour discussion and discussion for short duration can be held only
twice a week. Moving a short duration discussion required other 5 MPs signature and consent of the leader of
the House. A new provision had been introduced in the Rules as 71A (3) at the last session of 8th parliament. As
per this rule, a concise written statement by the minister concerned in response to the calling attention notices
the members spoke shall be laid on the Table within first three sitting days of the next session1(BJS 2007:24).

Each technique is to meet certain other conditions; in particular, these have to satisfy admissibility criteria
before being accepted. The conditional acceptability is necessary to ensure maximum use of parliament's
valuable time. But the extent to which these are actually followed and/or the various techniques are capable of
securing the accountability of the executive and administration depends on a number of factors, of which two
deserve specially mention: the willingness and the ability of MPs to maximum use of them (Ahmad 2002:111).

Enforceability of Individual Techniques


It is argued from experience that individual techniques are not sufficient to ensure responsible government. The
data showed the proportion of answering questions increased gradually, and more questions were answered in
the Eight Parliament than Fifth & Seventh Parliament of Bangladesh, the quality of questions, however, is
unsatisfactory. Lawmakers ask questions mostly concerning their respective constituencies (Rahman M.2008:
48). Aminuzzaman (1996:17) observes that questions were not often directed at the critical issues & problems
that affect public life. He argues that the modes of parliamentary questions are merely informative and
explanatory.

Rahman, M. (2008:49) shows most disappointingly no adjournment motions were accepted and half-an-hour
discussions took place in the Seventh & Eighth Parliaments, short duration discussions were also very marginal.
Ahmad (2002:117) observes that one reason for not accepting the motions may be that the governments
probably do not want to expose weakness to parliament and the public. Therefore, individual methods are
seemingly ineffectual with respect to parliamentary control over executive to ensure accountability.

Enforceability of Committee System


Parliamentary committees in Bangladesh derive their origin to and gain legitimacy from the article 76 of the
constitution, makes it mandatory for the parliament to set up a Public Accounts Committee (PAC) and a
Privileges Committee (PC) and empowers it to constitute as many standing committees as it considers necessary

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As per rule 71A, a member may speak for two minutes on each calling attention notices which have not
accepted as per rule 71(3) within total time not exceeding thirty minutes a day and only as many members can
speak as may be possible within this time limit.
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(GOB 2008b: 30-31). Rules are the other major source of institutional arrangement to keep the vehicle of
committee in motion. These Rules specify the composition, appointment, term of office, functions and the main
lines of procedure for conducting business (BJS 2007:61-74).

Parliamentary committees formally enjoy important status and extensive powers2. As per Rules, committee can
regulate its sittings, conduct its business the way they wants, may appoint as many subcommittees as it
considers necessary. Each subcommittee has the power of the main committee. Committee members enjoy
immunity for their activities in committees. Committees, however, meet in private and can obtain cooperation &
advice from any expert in its field, if deemed necessary. Compared with other techniques, committees have
better scope to go in deep of a particular matter, examining it in greater detail and exploring possible remedies
(Ahmed 2006:24).

Committees in Bangladesh
Bangladesh Parliament has mainly two major types of committee: Standing Committees and Special/Select
Committees. The main difference centers on the nature of appointment based on their permanency. Standing
committees are usually appointed by the House/the Speaker for the full tenure of the parliament. Currently, the
Bangladesh parliament has 48 committees (37 ministerial committees, three financial committees, eight other
committees) of which 40 are standing as mentioned by Rules. On the other hand, Select committees/Special
committees are temporary in nature. They are ad hoc bodies and cease to exist as soon their job is completed.
These committees meet the demand of the emergency situation. For instance due to the delay in the formation of
different ministerial committees in the Seventh and Ninth Parliament, a special committee was constituted
temporarily. The tenure of this committee was ceased after ministerial committees had formed. All the bills and
ordinances introduced in the House were sent to this special committee appointed by the House for the purpose.

Standing Committees on Ministries (SCMs)


According to the rule 246 of Rules, every Standing Committee on Ministries shall consist of not more than ten
members including the chairman of the committee. Rule 248 specifies each standing committee shall meet at
least once in a month and the function of a committee is to examine any bill or other matters referred to it by the
parliament, to review the works relating to a ministry which fall within its jurisdiction, to inquires into any
activity or irregularity and serous complaints in respect of the ministry and to examine of it deems fit any such
others matter as may fall within its scope & to make recommendations.

Committee Formation
According to Rule 246 of the Rules, the standing committees on each ministry shall be formed within 3 sessions
of a new parliament. Delay in forming the committees limiting the parliament capability of control & oversight
over the executive in an effective manner. In this regard the date of first sitting of the House & that of the
formation of committees are crucial to understanding the extent to which the parliament is willing to hold the
government accountable from the very beginning of a new parliament. In the 7th parliament, government
formed ministerial committees nearly lapse of two years from its inauguration. The 8th parliament also took 20
months to complete the formation of committees unilaterally. Exceptionally, all committees were constituted
within first session of the 9th Parliament.

As 20 months were lapsed on mere formation of ministerial committees in the eighth JS the entire administrative
apparatus of government had been immune from any legislative oversight during this time. The government was
a free rider and virtually accountable to none. In Bangladesh, most of the committees are permanent and
committee members/chairs are in general appointed for the full term of a parliament. Average turns over of
committee members is around 10 percent due mainly to death, shuffling/reshuffling of committee composition
(Rahman 2008:107).

Committees have members ranging from eight to 153. As per Rules, each ministerial committee (37) and five
other committees (Estimate Committee, Library Committee, PUC, Petition Committee and Private Member's
Bills Committee) consist of not more than ten members. The Public Accounts Committees (PAC) and Business

2
For details see Rules of Procedure of Bangladesh Parliament, pp. 61-65
3
See Rules 219,222,231,234,236,240,244, 247,249,257& 264.
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Advisory Committee are composed of not more than 15 members. Committee on Government Assurance
composed of not more than eight members. Committee on Rules of Procedure can accommodate up to 12
members. Speaker appoints Petition committee, Business Advisory committee, House committee and Library
committee. The House appoints all other committees by a motion.

Experience shows that the membership of different committee is generally distributed among different parties in
proportion to their strength in the parliament. In Bangladesh, there is no specific rule in the distribution of
committee chairs. The ruling party & its alliances usually occupy all the chairs of committees up to last
parliament. In 9th parliament, a significant improvement has seen to distribute committee chairmanship to the
main opposition party in the parliament. SCMs on Environment and Forest, and SCMs on Fisheries & livestock
are now headed by the main opposion BNP's MP.

Committee at Work
There are several ways of measuring the nature of activism of a parliamentary committee. Some of the
important measures are: the frequency at which committee meetings are held, the regularity of member's
attendance, the number of hours spent on deliberation and relevancy to the environment; nature of
recommendations committee made and its implementation process; compliances to the committee mandate; the
number of reports prepared over a period of time, power of agenda setting; expert hearings; enquires; and the
committee resources.

Formation of SCM on Environment and Forest


In the 7th parliament of Bangladesh, SCM on Environment and Forest was first formed in 12th May 1998 then it
was reconstituted on January 25, 2000 due to resign of a member from parliament. In the 8th parliament, this
committee had first constituted in 15th July 2003 with 8 members and reconstituted within 3 months replacing
one member and finally reformed it replacing two members from ruling party and included two members from
main opposition in 16 September 2004. In the 9th parliament this committee has formed in the first session (18th
February 2009) with nine members and in the second session (8th July 2009) reconstituted it to complete its
quota of 10 members. It has set a milestone in the history of ministerial committee of Bangladesh parliament
selecting an opposition member as a chair of this committee. In examining the composition of this committee
from Seventh parliament, the committee members were chosen according to the strength of their political party
in the assembly. Therefore, in the 7th, 8th and 9th parliament, this committee had taken 3, 2 & 1 members out of
ten from main oppossion party respectively.

Background Characteristics of Committee Members

According to the available data4, all the members of this committee in 8th parliament were graduates whereas
60% & 70% members of this committee in 7th and 9th parliament were graduates respectively. Although 40%
members of this committee in 7th parliament were undergraduate of which 20% completed matriculation, 30%
members of this committee in 9th parliament completed only matriculation. Three members of 9th parliament
and one member of 7th parliament have law degree whereas one member in 8th parliament has MBA but none
of them of this committee in all three parliaments has specialized degree on environment and development
except state minister of forest and environment in 9th parliament who have been included in this committee later
in place of previous state minister. It is also seen that businessmen dominated or had equal share in the
committee members and they are increasing from parliament to parliament and they reduced the politician to
zero in 9th parliament of this committee. But in 8th parliament politicians had equal share of this committee
composition with the businessmen. It also reveals that half of the committee members were new comers both in
7th & 9th parliament. Similarly more than half (58.33%) of committee members in 8th parliament were elected
3 times or more. Therefore committee members on environment & forest of 8th parliament were more educated,
experienced and full time politicians.

4
Calculated and compiled by the author from Maniruzzaman (1992), Rashed (1997), Ahmad (2002), PS (2006),
and NDI (2009).
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Activism of the SCM on Environment and Forest of 7th Parliament

During 7th parliament, SCM on Environment and Forest had met 33 times discussed 100 agendas excluding the
agenda of last meeting proceedings confirmation and miscellaneous which were common in all meetings except
first and 3 special meetings. Most important of these agendas were: discussion on progress of afforestation
program; forest conservation; information and activities of Department of Environment(DoE), forest
department, National Herbarium(NH), Bangladesh Forest Research Institute(BFRI), Bangladesh Forest
Industries Development Corporation(BFIDC); Atia Forest Ordinance 1982; progress of current projects;
gardening of various species of flower; formation of environmental courts; legal & illegal saw mills; pending
bills of forest department to others; environmental pollution; inspection and investigation reports of different
forests regions; bamboo forest of Sylhet; activities of Sustainable Environment Management Program(SEMP)
project; making quality pulp from low quality jutes; sound pollution; Dhaka division environmental
infrastructure development project; control of environmental pollution in Dhaka city; various allegations
against forest officials and department, reports published in the newspapers on forest department's irregularities
and corruption; biodiversity project of Sundarban and eco-park.

It was found that 39% agendas were evolved from the discussion of previous meetings. Remaining agendas
were taken by the committee chairman's own discretion or sometimes request/pressure from interested groups.
28% agendas were directly related to environmental issues whereas 11% agendas were specific to various
allegations against officials and forest department. Rest of the agendas were related to the activities,
organizational set up, and routine matters of the ministry or departments

It was revealed from scrutinizing the proceedings of this committee, all of the agendas were raised in the
committee meetings except 10 and most of the agendas were discussed but agendas relating to the reports only
placed, rarely discussed. It is evident from minutes that 3 agendas each of the 5th and 27th meetings were not
raised & discussed.

This committee formed three sub-committees of which sub-committee-1 to investigate irregularities and
corruption of Project Director of Modhupur rubber garden and misuse of transport; sub-committee-2 to
investigate various complains which are received by the office of committee chairman; and sub-committee-3 to
investigate the news published in the newspapers on the standing committee and complaint against forest
official Mr. Atikul Azam.

Committee visited forests of hill districts, Sundarban, forest division of Sylhet, Atia forests, and offices and
departments of the ministry and prepared & placed inspection reports on the visits to the main committee. The
study found that the reports of subcommittees 1 & 2 had been placed & accepted, whereas subcommittee 3
neither investigated nor submitted any report to the committee.

Committee Recommendations & Relevancy

This committee in 7th parliament had discussed on the agendas mentioned earlier and made total 164
recommendations. It made nearly 16% recommendations specifically corruption and irregularities of forest
officials and department, 17% recommendations directly related to the environmental issues. Other
recommendations were mainly routine matters of the ministry or departments e.g., organizational setup, increase
personnel and equipments, etc.

Committee recommended to take necessary actions against two-stroke vehicles which were exhausting black
smoke and deteriorating environment (1st meeting); to submit a report containing identification of the problems
arising from Atia Forest (Protection) Ordinance 1982 with recommendations on how to solve those problems
permanently; to take immediate steps to form environmental court (6th meeting); and to impose the maximum
tax on imported rubber (7th meeting). It discussed and asked ministry to submit a progress report on control of
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environmental pollution, sound pollution; and waste disposal in Dhanmandi area of Dhaka (13th meeting), and
wanted to know what steps had been taken to control pollution of crowded places where small industries were
situated (16th meeting).

It (committee) discussed the bills on Bangladesh Environment Conservation (Amendment) Act 2000,
Environmental Court Act 2000 and the Forests (Amendment) Act 2000 and suggested some important
amendments (19th meeting). It also proposed some amendments regarding narrowing definition of the fuel
wood, heightening chimney, reducing duration of license period, and increasing punishment in terms of
imprisonment and money during consideration of Brick burning (control)(Amendment) Bill, 2001(29th
meeting).

It also discussed on environmental infrastructure improvement project of Dhaka division and had given
direction to take necessary action to finish this project within time limit. It also gave direction to take
appropriate projects for conservation of environment of Dhaka city and improvement of environment of the
whole country (30th meeting). It also ordered to submit a report on transfer of Hazaribagh tannery in next
meeting (31st meeting) but it was not placed.

It requested finance and establishment ministry for giving approval of organizational setup of the forest
department to strengthen its capacity (14 meeting), and had informed detailed working of DoE including its
budget, transport, ongoing development projects, staff shortages and problems it faced without any discussion
on the performance of DoE (27th meeting).

Besides, this committee made recommendations to impose import restrictions on the Eva foam which was
causing environmental pollution (20th meeting), to construct incinerator at the clinics and send a request letter to
health ministry for not giving permission to set up new clinics in the residential area, and send a request to the
commerce ministry to impose ban on importing transport having hydraulic horn (21st meeting).Committee
recommended some measures to protect Sundarban from further degradation in light of the findings of visits:
set-up patrolling station, increased frequency of patrolling in the sensitive area of Sundarban, increased the fuel
budget, stop catching and killing wildlife. It also recommended appointing local/ international expert
immediately for identifying the reasons of top dyeing diseases to prevent and cure the diseases.

Additionally, sub-committees also made recommendations on the basis of their investigation. Sub-committee-1
didn't find any irregularities and corruption of Project Director (PD) during investigation. Sub-committee-2
found some evidences of corruption and irregularities in the Sundarban forests region. Divisional Forest Officer
(DFO) of Sundarban hadn't provided required documents to the sub-committee. As a result, investigation
delayed and suffered from difficulties. Sub-committee-3 neither investigated nor submitted any report to the
committee. Main committee suggested some measures to curb the corruption and irregularities.

Committee - Ministry Relationship

The relationship between this committee and ministry was cold in the 7th parliament. It was supported from the
discussion of committee meetings. In several occasions, committee had referred Rules and other committees'
activities to justify their work against the objections raised by the ministry (18th meeting). Committee
expressed dissatisfaction with the ministry because not properly valued its recommendations (special meeting).

In 8th meeting, one member said relationship between committee and ministry was not satisfactory. He said,
committee was standing on the question of accountability rather than those who were deemed to be asked by the
committee. Ministry often assured the committee that reply will be given next meeting but at the next meeting it
again sought time. In 9th meeting, chairman warned the concerned not to underestimate the members which
being nearly undermine the parliament. In 11th meeting, committee opined that it seemed Chief Conservator of
Forest (CCF) didn't show much respect to the rule 248 of Rules and committee took it an objection due to not
supplying required information to the committee for investigation. Even Divisional Forest Officer (DFO)
Khulna hadn't provided required city books to the concerned sub-committee inquiring irregularities. Therefore
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committee chair warned the concerned to send required books within 5 days otherwise show cause would be
issued (15th meetings).

With reference to article 76(2)(d)5 of the constitution, minister expressed opinion that committee has gone
beyond its jurisdiction as mandated in the constitution. Ministry wanted committee's help for better workings
but committee started investigation against ministry without informing them which was not good. Chair
informed, committee had administered under the jurisdiction of Rules and there was no restriction to investigate
irregularities of ministry which hadn't sent by parliament (17th meeting).

Committee asked the reasons of superseding four senior officials giving promotion to CCF. An objection was
raised regarding the discussion of four superseded officials to CCF in absence of minister and minister opined it
went against the ministry. Minister insisted on deletion of the concerned paragraph from previous meeting's
proceedings. Then committee decided to delete the concerned paragraph of previous meeting (32nd meeting).

The reasons for unharmonious relationship between ministry and this committee might be many. Prominent one
might be committee chairman was not a minister. Ministers were chairmen of the ministerial committees up to
6th parliament. Therefore, ministry as well as committee had faced difficulties to accommodate themselves in
the changing environment. Another one might be the minister was a senior most leader in the party hierarchy
than chairman. Minister might not be willing to accept the direction from committee which was composed of
comparatively junior party leaders. On the other hand, bureaucrats were not used to this changing environment.
They are in vulnerable position because minister is no longer chairman of the committee. Their weaknesses and
irregularities were exposed to the committees. Therefore bureaucrats might have little interest to implement the
committee recommendations.

Implementation Status of Recommendations

It is clear from the discussion of previous section, the relation between studied ministry and committee was not
harmonious. In 10th meeting, ministry informed some implementation status of previous recommendations
made by the committee though discussions were not completed, only status of 1st, 2nd, 8th and 9th meetings
were discussed.

In the implementation of the committees' recommendations, the evidence showed that ministry was reluctant to
address the issues. Committee members expressed their dissatisfaction on the implementations status of
committee recommendations in several times. For example, committee discussed the non-implementation of
committee recommendations by the ministry in 5th and special meetings. Even they were not happy with the
reports presented by the ministry due to its insufficient information and incompleteness. As a result,
implementation of committee recommendations was low. Available records have shown nearly 47% committee
recommendations were not implemented during 7th parliament.

It was reveled that the nature of implemented recommendations were simple & routine matters of the ministry or
departments. Most of it was submission of status reports on different issues of the ministry or departments,
investigation reports on corruption & irregularities, schedule of committee discussions & issues, request letters
from environment ministry to other ministry, and visits of departments, forests and other offices. Others were
amendments of four environmental bills, sub-committees formation and its investigations.

However, committee had prepared & presented a report to the House on the day before the last sitting of the 7th
parliament containing all the proceedings of the meetings and inspection & investigation reports. After
presentation, the report had been withdrawn from the House on the ground of incompleteness on the same day.

5
Matters only sent by Parliament to the committee.
10

Activism of the SCM on Environment and Forest of 8th Parliament

The Standing Committee on Ministry of Environment & Forest of 8th parliament had met 28 times discussed 61
agendas excluding confirmation of last meeting proceedings and miscellaneous agendas which were common in
all meetings except first meeting.

Most important of these agendas were: discussion on air quality index; illegal hill cutting; implementation
progress of national forest principles, information and activities of DoE, NH, BFRI, BFIDC & forest department
; control of polythene bag uses; Tanguar Hawar; complaints against forest officials, subcommittees reports;
sound pollution and its environmental effects; top dyeing diseases and wildfire in Sundarban; establishment of
campus of University of Development Alternative(UODA) in the forest land; implementation status of
committees recommendations; afforestation program; illegal logging in different forests; Sundarban's past,
present & future; social forestry program; eco-park; steps so far taken by the ministry to protect environment
and what are required in future; imported & private log; pollution of Buriganga river; hearing of experts on top
dyeing diseases of Sundaree trees; coconut trees plantation programs; report published in the newspapers on
forest department's irregularities and corruption, overall condition of Sylhet forests; afforestation in new char
land; environmental pollution by leaded gasoline & oil; pollution from brick field & cement industries;
biodiversity project of Sundarban.

It is found that 52% agendas were evolved from the discussions of previous meetings. Rest of the agendas was
taking by the committee chairman's discretion or sometimes pressure/request from interested groups or from
committee members. 34% agendas were directly related to environmental issues (e.g. air quality, sound,
environmental & river pollution, hill cutting, forestations, Tanguar Hawar, eco-parks, etc.) whereas 11% were
related to corruption and irregularities of officials and departments. Rest of the agendas was related to activities,
organizational set up and routine matters of the ministry or departments.

It is revealed from scrutinizing the minutes of the committee, all the agendas were raised in the committee
except one and most of the agendas were discussed but some agendas relating to the reports only placed not
discussed. There were no evidences in the minutes that the 3rd agenda of the 25th meeting was placed. It was
the implementation progress report on the recommendations of the committee from 1st to 10th meetings.

Committee formed 11sub-committees to inspect unoccupied land of forest department and Chatak Paper Mill
(Subcommittee-1); to review and inspect the matters on Tanguar Hawar(Sub-committee-2); to investigate
allegations against ex-DFO Mr. Tapan Kumer Dey, Mr. Abdullah Al Mamum Chowdhury and Mr. Faroque
Hossain ( Sub-committee-3); to investigate complaints arose against deputy conservator of forest (current
charge) Mr. Md. Osman goni( Sub-committee-4); to review and inspect the conditions of planted coconut tree
throughout the country( Sub-committee-5); to investgigate the matters on log smuggling and damage of wood in
the range of Kaptai & Karnaphuli of Rangamati circle( Sub-committee-6); to investigate the matters why the
report of National Security of Intelligence(NSI) & Director General of Federal Investigation(DGFI) against
some corrupt officials were not placed before minister and why this report was disclosed before imposing
punishment( Sub-committee-7); to scrutinize complaints of irregularities & fund embezzlement against Sylhet
DFO Mr.Abdullah Al Mamun( Sub-committee-8); to inspect & investigate environmental damages causing
from explosion of Tengratila gas field (Sub-committee-9); to inquire into the allegations on captured wood log
by the forest division of Rangamati, Khagrachari & Bandarban ( Sub-committee-10); and to investigate the
matters relating to the invalid car of Chittagong forest division and illegally grabbing forest land by the peoples(
Sub-committee-11).

The evidences showed that the reports of subcommittees 1, 2, 5, 7, 9, 10 & 11 were discussed & accepted
whereas reports of the subcommittee 3, 4 & 6 only submitted & accepted not discussed in the committee.
Subcommittee 8 neither met nor submitted any report to the committee.

Committee Recommendations & Relevancy


11

During the tenure of 8th parliament this committee had discussed on agendas described earlier section and made
total 158 recommendations. They had made nearly 11% recommendations specifically related to the corruption
and irregularities of forest officials and departments, and 37% recommendations directly relevant to the
environment related issues. Other recommendations were mainly routine matters of the ministry or departments
e.g., organizational setup, increase personnel, equipments, etc.

It recommended to set up 5 eco-parks in different regions of the country, to give a permanent status to national
herbarium, to prepare a project to destroy all types of polythene, to suggest media campaign for stopping
polythene use, to suggest finding out the alternatives of polythene, to take necessary actions for conserving
Sundarban, to revise MOU of Tanguar Hawar, to elicit public opinion through seminar & wide circulation on
sound pollution affecting environment, to take necessary actions on decisions made between consultation of
finance minister & convener of subcommittee on Tanguar Hawar, all aforestation programs should be taken
under supervision of forest department instead of roads & highways, to give permission to set up UODA
campus on their land in the forest of Gajipur, to ban hill cutting & to make a law with punishment provisions, to
stop fisheries completely in the Ram Sagar, Rani Sagar & Ramrai, to temporarily stop felling top dyeing trees
in Sundarban for the sake of more examination.

It also recommended to setup army's camp beside forest departments camp to protect log smuggling & to cut
trees, to arrange inter-ministerial meeting for afforestation in hill districts, to supply speed boat or rescue boat
and wireless sets to the forest security personnel for protection of log smuggling & to improve overall security
of Sundarban, to restart Sundarban biodiversity project, to make boundary fence protecting wild life of
Shrimangal forest, to appoint a capable lawyers to deal with the legal matters arising from Tanguar Hawar
development project, to consider imposition of service charge to transfer of log from proprietary land within
forest region, to strengthen sudden visits to the market and factories to caught the culprits of polythene
producers and sellers, to make arrangement for transferring khas land under forest departments control for
afforestation, to enquire whether tobacco companies obey the conditions of environment clearance certificate or
not, to arrange workshops & seminars on the technology innovated by the BFRI, to determine whether Niko
company breached the conditions of environmental clearance certificate in Tengratila gas field and send report
to the energy ministry, to prepare projects which would improve the forest of Sylhet division, to take stern
actions against those who were illegally occupied forest land and recover it from them, to take a project for
continuous recycling of polythene.

It also made recommendations to improve logistic & personnel capacity of ministry of environment and forest
as well as its departments (Environment & forest) and subordinate offices (BFRI, BFIDC, National Herbarium).
This committee formed 11 subcommittees 7 of which formed for investigating irregularities & corruption of
forest department and its officials. Committee accepted subcommittees' recommendations and sent those to the
ministry for further actions.

The committee gave importance to the social forestry program, control of polythene use, air pollution by smokes
from vehicles, brick fields, cement factories, illegal hill razing, lead free petrol. It discussed on these matters and
recommended to take necessary actions in the 2nd & 3rd meetings.

Committee also discussed setting up a campus of the University of Development Alternative (UODA) in the
core forest area. Some committee members & forest departments had shown the reasons not to giving any land
to any body/ institutions in the core area of forest. Chair cited examples of industry setting up in this area. Since
inter-ministerial committee had decision on setting up educational institutions or agro-based industries in the
forest area, the committee recommended giving permission to setup UODA campus in their land in forest (8th
meeting). This issue also discussed in the 27th meeting and ministry informed the committee that it has been
sent to the prime minister for approval.

Committee discussed in details on the sound pollution and its consequence to the environment in 7th meeting.
Committee considered sources of sound pollution, law available to control, bad effects on environment &
12

human health, and measures to be taken. They recommended eliciting public opinion through circulations &
seminars on the sound pollution and its bad effects.

Committee also discussed the bad consequences of hill cutting (8th meeting), zhum farming (9th meeting), Air
pollution, pollution from stone crash (15th meeting), pollution of Buriganga river water (18th meeting),
pollution from textiles mills and pharmaceuticals industries(24th meeting), and recommended to take necessary
actions to stop these environmentally harmful activities or to make legal provisions to save our environment.
Committee also discussed the reasons of declining revenue earnings of this ministry and suggested to increase it
(23rd meeting) by strengthening income generating activities.

Committee visited Sundarban discussed with experts of Sundree trees and suggesting not to cut top dyeing trees
now. Committee also discussed in details on the Tengratila gas explosion and its bad consequences on the
environment & people, and suggested some important measures.

In addition to that 10 sub-committees also made recommendations on the basis of their investigations. Sub-
committee-3 found guilty two officials out of three. Sub-committee-4 proposed freeing from charges of
complains against the concerned officers but found evidence of corruption of another officer during their
investigations. Remaining 8 Sub-committees inspected, reviewed and investigated the matters according to their
terms of references and forwarded their suggestions to the main committee to improve the situation.

Implementation Status of Recommendations

In the implementation of the committees' recommendations, ministry tried to address the issues. From
scrutinizing all the proceedings and report of this committee, it was found that 27% of the recommendations
were fully implemented, 27% recommendations were partially implemented and implementation of 9%
recommendations were delayed, whereas 37% recommendations were not implemented because of complex
nature. Nature of non-implemented recommendations was complex mostly required to involve other ministries
help for implementation. The higher implementation rate in 8th parliament of this committee, mainly due to the
simple nature of recommendations e.g., it recommended to place status or investigation reports on various
matters and ministry submitted it accordingly. When recommendations involved other than status or
investigations reports then implementations were delayed or partially implemented.

The important recommendations which were implemented includes: National Herbarium was given status of
attached department, media campaign against polythene use, experts consultation with top dyeing disease of
Sundarban, Stop of cutting top dyeing trees, investigations of different Sub-committees, recommendations of
Sub-committees and establishment of eco-parks.

However, committee members expressed there dissatisfaction in several occasions on the implementations
status. Even they were not happy with the reports presented by the ministry due to its insufficient information
and incompleteness. In the 8th meeting, chair warned the concerned officials and gave direction that in future
the reports to be presented in the committee should have detail & complete information. In the 27th meeting,
one committee member said that some recommendations still not implemented and many are under process even
the implementation report submitted by the ministry was not contain complete data.

Committee presented a report to the parliament containing agendas & decisions of the meetings along with what
action had been taken by the ministry on the committee recommendations. This report contained up to 26th
meetings of the committee. This is a very good attempt by the committee; at least, they exposed their work
through parliament to the public by this report. Therefore this committee has shown some transparency to their
work.

Committee Resources
13

Committee resources both logistics and personnel has provided by the Parliament Secretariat. During 7th
parliament committee section-7 of the secretariat had provided secretarial assistance to this committee.
Committee section-8 has provided secretarial assistance to our studied committee from 8th parliament.
Committee section-7 had 5 staff including section officer and their educational background was general in
nature. Moreover this section had also assisted three other committees which clearly showed they had less time
to concentrate on environmental issues. Committee section-8 has been supported by 5 staff including section
officer. It is to be mentioned here that section officers during the tenure of 8th parliament were worked on their
additional duties. This section has additional two committees to be assisted. In terms of logistics support
committee chairman has got office and personal staff with computers in the 8th parliament. But no committee
member had got any logistic support from parliament to perform his duties except residence, remunerations and
allowances. Now Speaker of 9th Parliament has decided to provide offices to the MPs and he has already
distributed some rooms to the MPs. Moreover there were no research facilities provided on the environment
issues to the committee members. All these drawbacks handicapped the committee member's ability to effective
monitoring and overseeing the environmental issues in parliamentary committee and limiting the oversight
capacity of parliament to protect our environment.

New Provision for Calling Attention Motions

A written statement on all the calling attention notices which were spoke by the MPs(as per rule 71A of Rules)
at the first session has been laid on the Table at 2nd sitting of the 2nd session of 9th parliament. In these
statements, Environment & Forest minister has replied all eight matters of urgent public importance related to
this ministry. Matters includes: protection of environment of Sundarban's coastal area, stop extraction of ground
water for KAFCO, controlling pollution of Buriganga & nearby rivers, environmental clearance certificate for
small industries, prevention of pollution of Kaliganga & Dhaleshawri rivers, protection of life & wealth of
border regions from wild elephants, project to save monkeys in Madaripur, and forcibly afforestation at the
privately owned land in Mymenshing. Minister specified the present situation and actions to be taken on these
matters in his reply (BJS 2009:43-50).

Limitation of Parliamentary Control in Environmental Issues

Parliamentary control is different from general concept of control used mostly in a hierarchical sense.
[Parliamentary] Control means ''influence, not direct power; advice, not command; criticism, not obstruction;
scrutiny, not initiation; and publicity, not secrecy.''(Crick 1968:6).

Committees in many parliamentary democracies are often treated with much respect; their
suggestions/recommendations are conventionally honored. But in Bangladesh available evidence shows that the
ministries do not voluntarily agree to implement the recommendations made by different committees. Most of
the recommendations generally remain unimplemented or partially implemented and also outside the public
purview (Ahmad 2006:132-33). From previous discussion on the activities of SCM on Environment and Forest
we can reach same conclusions.

This committee faced the obstacle to access important documents. Despite repeated requests, ministry did not
make available some documents. Another factor limiting the effectiveness of this committee is lack of
consistency between issues discussed in committee meetings and the decisions actually taken. Committee
discussions often lacked focus seemingly free rider. Lack of (positive) attitude of the bureaucracy and minister
presence as a member of the committee is another impediment of effective parliamentary control. Officials
generally appeared before this committee to clarify and explain their action not as witness to secure
accountability.

The ministry of environment and forest alone had not able to implement all the committees' recommendations
due to its jurisdictions. Other relevant ministries (e.g., land, water resources, industries, agriculture, etc.) need to
be involved in the parliamentary scrutiny on environmental issues. Therefore it is required to form a joint
committee to coordinate all the concerned ministries to holistically address on environment related matters. The
14

SCM on Environment and Forest has to work in an environment with limited resources, without expertise and
antagonistic to its natural growth.

A Comparative Perspective of SCM on Environment and Forest

A holistic comparison of the SCM on Environment and Forest among 7th, 8th & 9th parliament of Bangladesh
have shown in Table-1.

Table 1: Nature of Activism of Standing Committee on Ministry of Environment & Forest


Variables Bangladesh Parliament
Seventh Eight Ninth*
Date of Parliament convened 14.07.1996 28.10.2001 25.01.2009
Date of Parliament dissolved 13.07.2001 27.10.2006 -
First date of Committee formation 12.05.1998 15.07.2003 18.02.2009
Date of committee first met 03.06.1998 15.09.2003 20.04.2009
Total of number of meetings held 33 28 4
Average number of meetings held per year 10.44 8.75 na
Average attendance of committee members 8
6.491 5.042
(per meeting)
Average time spent for deliberations per 3.06 hrs
2.38 hrs3 2.13 hrs4
meeting
Average frequency of committee meetings 32.42 days5 39.18 days6 33 days
Number of reports presented
Bills 4 0 0
Others 0 1 0
Numbers of sub-committees formed 3 11 1
Number of subcommittees meetings held
Sub-committee 1 Inspection Inspection 3
Sub-committee 2 Inspection Inspection
Sub-committee 3 3
Sub-committee 4 2
Sub-committee 5 1
Sub-committee 6 Inspection
Sub-committee 7 2
Sub-committee 8 -
Sub-committee 9 1
Sub-committee 10 2
Sub-committee 11 Inspection
No. of Sub-committees presented reports 2 10 0

1. Minister absent 5 meetings, 2. Minister absent 3 meetings, 3. Duration is available only for 22 meetings,
4. Calculations are done from available 8 meetings duration data, 5. 15 times violate Rules to convene
committee meetings, 6. Violate Rules 17 times to convene meetings.
* Data available up to 14.07.2009 of 9th parliament.

Source: Compiled and calculated by the author from all the proceedings of the SCM on Environment and
Forest, reports of all subcommittees of this committee and notices of convening meetings of 7th, 8th
parliament (PS, 1997-2009). In the 9th parliament, calculations are done based on the data of first two
meetings of this committee. Report of the SCM on Environment and Forest to the 8th parliament (PS,
2006).

It reveals form the above table, during the 7th parliament this committee met 33 times with annually 10.44
meetings on average. On the other hand during the 8th parliament this committee met 28 times in total and 8.75
times annually. Similarly, on average 6.49 and 5.04 members were present and 2.38 hrs and 2.13 hrs spent on
deliberations in this committee meetings of 7th & 8th parliament respectively which shows SCM on
Environment and Forest of 7th parliament were more active than 8th parliament.
15

There was no evidence to pass any environmental laws without scrutiny of standing or special committees in the
7th parliament but two environmental laws had passed in the 8th parliament without scrutiny of any committee.
It was seen from the proceedings of SCM on environment & forest four environmental laws had been
scrutinized by this committee and made some important recommendations. Two environmental laws (i.e.
Bangladesh Environmental Conservation (amendment) Bill 2002 and Environmental Court (amendment) Bill
2002) had been passed in the 8th parliament as it was presented in the parliament without any amendment6. It is
revealed from this evidence that delayed formation of committees limiting the ability of parliamentary scrutiny
and oversight to accountable the executive.

It also needs to mention here that this committee had not met the obligations of Rules to sit within a month.
Records had shown that this committee had not met within one month 15 times in 7th parliament and 17 times
in 8th parliament. It is also seen from the proceedings, committee member Mr. K. M. Obaidur Rahman of 7th
parliament and Mr. Bir Bahadoor of 8th parliament were completely absent all of the committee meetings.
Another member of 8th parliament Mr. Mahi B. Chowdhury was present only first two meetings. Though Mr.
Rahman was in Jail, the reasons of other two members absent were not clear. The records also have shown the
committee members of 8th parliament were more irregular to be present in the meetings of this committee but
its subcommittee had done their tasks & submitted reports to the committee except one.

It is also found that minister was absent 5 and 3 meetings respectively in 7th and 8th parliament of this
committee. It is evident that other members were strongly criticized the activities of ministry's and its
departments in absence of minister in the committee meetings. It can be inferred that ministers' presence in the
committee as member limiting the committees' oversight functions.

There is a provision in the Rules (rule 193) if any member successively absent two meetings of a committee
without permission of the committee, a motion can be moved in the parliament for his removal from the
committee. No activities were found in this regards.

Table 2: Comparative Findings on Agendas and Recommendations of SCM on Environment and Forest
between 7th and 8th Parliament of Bangladesh.

Variables 7th Parliament 8th Parliament


(% in approx. terms) (% in approx. terms)
Total no. of meetings 33 28
Total no. of agendas 100 61
Agendas evolved from committee 39% 54%
meetings
Agendas specific to environment 28% 34%
Agendas specific to corruption & 11% 11%
irregularities
Agendas not discussed in meetings 10 1
Total no. of recommendations 164 158
Recommendations took from 32% 28%
miscellaneous discussions
Recommendations related to corruption 16% 11%
& irregularities
Recommendations specific to 17% 37%
environmental issues
Recommendations implemented 53% 63%

Source: Compiled and calculated by author from the agendas and proceedings (SCM on Environment
and Forest) of 7th & 8th Parliament (BJS 1998-2006).

From both table, it is seen that this committee in 7th parliament had more active in terms of frequency of
meetings, number of agendas discussed, time spent on deliberations and member attendance whereas this

6
See the proceedings of the 32nd sitting of 2nd session of 8th parliament (BJS 2002:62-80)
16

committee in 8th parliament had shown more focus on environment in terms of agendas (34%) discussed and
recommendations (37%) made and produced one report containing the activities of the committee.

It is to be mentioned that this committee in both term discussed heavily on miscellaneous agenda and made
higher proportion of recommendations from that, 32% & 28% in 7th and 8th parliament respectively, which
means committee members relied more on unscheduled issues than predetermined issues. Besides, this
committee had discussed 23 important issues and taken considerations but not included in its final
recommendations thereby these considerations were not put into actions in 7th parliament, in 8th parliament
these things happened 10 times.

In considering the activity of SCM on Environment and Forest of 9th parliament, so far it has met 4 times
discussed on environmental issues, corruption, irregularities and formed a sub-committee to examine ministry's
past corruption & irregularities, to solve complexities arising from Atia Forest Ordinance 1982, river pollution
and grabbing land and report on it to the main committee. This sub-committee also met 4 times up to 6th August
2009. It is too early to comment on the performance of this committee now.

Conflict of Interest

From the discussion of members' professional background in earlier section, it is evident that at least half of the
committee members were businessmen. There was no concrete evidence to prove that they had work for their
own business or vested groups interest. Whatever evidences found suggests that they had work for their
constituency or regional interest. It is justified because they had pledged to improve the conditions of their
constituency during election campaign. For example, a member from Tangail district raised the issue of Atia
Forest Ordinance which had already created lots of trouble to his people. Similarly members from Sylhet and
Gaibanda raised the issues of Sylhet forest and afforestation of WAPDA dam respectively.

There are a few evidences found which might have some conflict of interest. At the 7th meeting of 7th
parliament of this committee recommended imposing maximum tax on imported rubber to protect local rubber
industries. At the 20th meeting of the same committee again recommended imposing import restrictions on Eva
Foam. In committee consideration, the Eva foam was polluting environment. But how committee to be
confirmed only Eva foam polluted environment was not discussed.

In the 8th parliament, this committee had recommended to give permission to set up campus in the core area of
Gajipur forest. Whereas forest officials raised objection in this case but after several discussions committee
recommended giving permission. In another case, committee also frequently discussed the leasing and situation
of Tanguar Hawar. Committee assigned a member to discuss with the then finance minister for settling this
issue. These evidences have created some doubt that there might have some vested interest.

Conclusion

From previous discussions it has shown SCM on Environment and Forest of 7th parliament had given more
importance to the routine matters of the ministry, its department activities & irregularities and corruption of staff
than 8th parliament. But this committee of 8th parliament had given emphasis on both routine matters and more
importantly on environmental issues. This committee in 7th parliament made nearly 16% recommendations on
corruption and irregularities which were 50% more than 8th parliament, i.e. about 11%.

This committee in 7th parliament had met 33 times with annually 10.44 meetings on average, in 8th parliament
it had met 28 times in total and 8.75 times annually. Similarly, on average 6.49 and 5.04 members had present
and 2.38 hrs and 2.13 hrs had spent for deliberations in this committee meetings of 7th & 8th parliament
respectively. Which shows SCM on Environment and Forest of 7th parliament were more active than 8th
parliament. In 8th parliament this committee had focused more on environment in terms of agendas (34%)
discussed and recommendations (37%) made with produced one report to the parliament containing the
activities of the committee. It had discussed heavily on miscellaneous agenda and made nearly 30% of
17

recommendations from that both in 7th and 8th parliament, which means committee members relied more on
unscheduled issues than predetermined issues.

This committee in 8th parliament was used more deterrent power, i.e., conducting inquiries into different aspects
of the working of ministry than 7th parliament. It had formed 11 and 3 Sub-committees to investigate corruption
and irregularities of which 10 and 2 Sub-committees investigated the maters and reported to the main committee
for necessary actions in the 8th and 7th parliament respectively.

The relationship between this committee & environment ministry was more harmonious during 8th parliament
than 7th. During the 7th parliament, this committee had struggled for upholding its mandate. Several occasions,
officials concerned had warned by the committee. Even minister not agreed upon committees recommendations
& dissatisfied with committees scrutiny over the ministry. As a result, implementation of this committee
recommendation was nearly 53%, which was lower than the same committee of 8th parliament.

On the other hand, at the 8th parliament, this committee had good relationship with the ministry. Ministry had
tried to address nearly 63% recommendations. Although this committee had more educated and experienced
members, they had attended irregularly in the committee meetings means they have had occupied with other
businesses. This committee had discussed with the expert on the top dyeing diseases of Sundree trees but in the
7th parliament there was a decision in the 17th meeting to call the experts but it was not implemented.

It also needs to mention here that this committee had not met the obligations of Rules to sit within a month.
Records had shown that this committee had not met within one month 15 times in 7th parliament and 17 times
in 8th parliament. It is also seen from the proceedings that one committee member in 7th parliament and in 8th
parliament were completely absent all of the committee meetings. There is a provision in the Rules (rule 193) if
any member successively absent two meetings of a committee without permission of the committee, a motion
can be moved in the parliament for his removal from the committee. No activities were found in this regards.

Most of the time committee's discussions were general in nature on environmental issues and very often
switched to other issues without completion the discussion. Hence, outcome of the meetings were lacking
coherence with the agendas. This committee had adopted a very good practice from 8th parliament: ministry had
to report on the implementation status of previous meetings decisions to the next meeting. There were evidences
that the decisions of the committee meetings had not reflected to the next meeting. It has created difficulties to
track the implementation status of this committee in the7th parliament.

So far this committee in 9th parliament met 4 times discussed on environmental issues, corruption, irregularities
and formed a subcommittee which also met 4 times up to 6 August 2009. It is too early to comment on the
performance of this committee now.

From the background characteristics, it is evident that at least half of the committee members were businessmen.
There was no concrete evidence to prove that they had worked for their own business or vested groups interest.
Committee members were freely criticized the activities of ministry's and its departments in absence of the
minister in the meetings. It can be inferred that ministers' presence in the committee as member limiting the
committees' oversight functions.

It is also revealed from the evidence that delayed formation of ministerial committees limiting the ability of
parliamentary scrutiny and oversight to accountable the executive. The SCM on Environment and Forest has to
work in an environment with limited resources, without expertise and antagonistic to its natural improvement.
18

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