Thursday, 19 February 2015

Cabinet must respect Constitution: Berri, Abu Faour


BEIRUT: Speaker Nabih Berri supports the simple majority vote system outlined in the Constitution to end the Cabinet deadlock preventing decrees from being passed, a statement from his office said Thursday.


In a meeting with Health Minister Wael Abu Faour, Berri said that he rejects the creation of a new system to pass decisions in the Cabinet.


“Speaker Berri’s stance is identical to ours on this matter,” Abu Faour said in remarks sent by Berri's office. “His ... position and that of Walid Jumblatt is that we should facilitate the Cabinet’s affairs..., but we are against entering any constitutional precedents.”


Abu Faour belongs to the Progressive Socialist Party, which is led by Jumblatt.


Since President Michel Sleiman's term ended last May, the national unity Cabinet has been tasked with approving laws and decrees. The 24-member body has required unanimous approval for a decision to pass, creating difficulties to get bills through.


Prime Minister Tammam Salam has urged all parties to agree on a new approach after the tensions between ministers pushed the Cabinet into deadlock.


Article 65 of the Lebanese Constitution states that the Cabinet can only be activated if two-thirds of the ministers are present, and stipulates that decisions must be made unanimously.


However, in case a consensus cannot be reached, the Constitution requires that a simple majority vote is conducted.


In exceptional cases, a Cabinet decision requires the approval of two-thirds of all 24 ministers, and not just those in attendance.


The Constitution defines exceptional cases as the following: “The amendment of the constitution, the declaration of a state of emergency and its termination, war and peace, general mobilization, international [conventions], long-term comprehensive development plans, the appointment of employees of grade one and its equivalent, the reconsideration of the administrative divisions, the dissolution of the [Parliament], electoral laws, nationality laws, personal status laws, and the dismissal of ministers.”


The adoption of a system outside the framework of the Constitution could push the country into a dangerous cycle, Abu Faour said.


“Political discussion is allowed, political agreement is allowed, but violating the Constitution is unacceptable and was not agreed upon,” he said. “Even if a condemned presidential vacuum exists and has become unbearable, this should not lead to creating new customs or precedents.”


Abu Faour said he also discussed with Berri the role of the legislative authority, saying there were some urgent matters that the Parliament must discuss.


“At least there are the issues of food safety, and in this context there is the food safety draft law and the public health law that I submitted yesterday to Justice Minister Ashraf Rifi, who will propose it as a draft law by his ministry after adding some amendments to it,” he said.



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