The French discovered the faces of their new ministers last Friday. But they will have to wait several weeks before hearing them speak about their action. Since Monday May 23, the government has been subject to a reserve period in view of the legislative elections, which are being held on Sundays June 12 and 19. A legal obligation, as before each election, not to be confused with the rules of equity in speaking time in the media (which come into force later).
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Franceinfo explains why this duty of reserve almost forces ministers into silence, while allowing those who are candidates to campaign.
Because their movements are largely restricted
Normally, trips to the field occupy a good part of the agenda of members of the government and their media appearances. As the election draws near, they must “refrain from traveling in the performance of their duties”settled a circular from the General Secretariat of the Government (SSG) published in early February (it also gave instructions for the presidential election) and put online by a legal site.
The Electoral Code does not explicitly settle this question of travel but, in its interpretation of the rule, the SSG insists on the distinction between the cap of a member of the government and that of a political figure. As part of their function, ministers cannot appear in the field, unless “exceptional circumstances” : event “of which the minister does not control the date”such as a fair or a commemoration, as well as unforeseen events, such as “disaster”.
These derogations are only possible with the agreement of the Prime Minister, requires the SSG. And, on the spot, the ministers must provide the minimum service: no question of making announcements or approaching “the themes of the campaign” (which, in the context of a national election, cover almost all the subjects).
Because their communication is more limited
The speech of members of the government and their ministries is also governed by the Electoral Code, which prohibits “election propaganda” to the government. Ministers therefore do not have the right to “the promotion” of their “achievements”. In reality, the rule on this point applies during the six months preceding the month of the election in question, but its importance is all the greater since Friday evening and the end of the filing of candidatures for the legislative elections.
In practice, the SSG distinguishes between two types of communications, with a fuzzy boundary. The members of the government cannot approach, within the framework of their function, the themes of the campaign nor highlight their personality. On the other hand, it remains possible to “promote measures and reforms”, but with “an informative and neutral tone”. The circular of last February gives the example of a “information campaign for owners on the implementation of a system to help with renovation work”.
This rule therefore does not reduce ministers to complete silence. On Monday, in her report from the Council of Ministers, the new government spokeswoman, Olivia Grégoire, for example promised that a bill on purchasing power would be presented. “probably during the reserve period”so that it can be submitted to the National Assembly as soon as the new hemicycle comes into operation.
Because we must distinguish the minister from the candidate (who can campaign)
Fifteen members of the government, including Elisabeth Borne, are standing in the legislative elections. For them, the distinction between their candidate hat and that of minister or secretary of state is particularly important. When they campaign, they absolutely must not “using the means of the State”. It is out of the question, for example, to travel to the constituency they are running for at the expense of their department. The collaborators of the ministers who would like to invest in the campaign must do so on their holidays or outside their working hours, adds the SSG.
In practice, this distinction is necessary because of the rules governing the campaign accounts: if a member of the government used the means of his ministry, the expenses would risk being reinstated in his campaign accounts, which are subject to a ceiling.
This election again raises the question of their accounts on social networks: if they talk about the campaign, they must not talk about ministerial activities or be held by ministry employees. They may, however, mention the fact that the candidate holds this position. As for ministers who are not candidates, they can support those invested by the majority, but cannot do so as ministers.