The fact that deputies debate their own salary can raise issues relating to conflicts of interest, argues the ethics commissioner of the National Assembly, Ariane Mignolet.
“It is possible to note that the current situation of MEPs who debate and decide on their own working conditions seems to raise questions, particularly with regard to the general rules relating to conflicts of interest for some time now”, indicates the Commissioner in a letter sent in response to a request from the solidarity deputy Vincent Marissal and whose The Canadian Press got a copy.
Mr. Marissal wrote to the commissioner on May 24 to ask her to consider the fact that he could potentially be in a conflict of interest when he participated in the debates on Bill 24 which will raise the salary MPs from $101,561 to $131,766.
However, she says she cannot give an opinion on this specific question, because it concerns the 125 deputies of the National Assembly.
“We have a damn problem”
However, the Commissioner indicates that the debate on MNA salaries raises issues relating to conflicts of interest in relation to sections 15 and 16 of the “Code of ethics and professional conduct of the members of the National Assembly”.
Article 15 indicates that a “Member may not place himself in a situation where his personal interest may influence his independence of judgment in the exercise of his office”.
Section 16 states that a Member may not “act, attempt to act or omit to act in such a way as to further his private interests. In the same way, he cannot take advantage of his office to influence the decision of another person for the same purpose”.
“Remember that sections 15 and 16 of the Code are key provisions in matters of conflict of interest,” wrote Ms. Mignolet in her letter.
“What she is saying is that we have a damn problem with the way we do this with regard to articles 15 and 16 […] I see a certain discomfort on his part, ”says Vincent Marissal in an interview with The Canadian Press.
Change the way of doing?
“It has been mentioned several times […] that the fact that parliamentarians determine their own working conditions entails a real risk of conflicts of interest”, writes Ariane Mignolet in her missive.
The Ethics Commissioner recalls that she and her predecessor, Jacques Saint-Laurent, both suggested the establishment of an independent, decision-making committee to determine the working conditions of MNAs in reports.
“I have myself reiterated the importance of providing an independent mechanism in this regard, which” “would make it possible to fully respect the ethical rules set out in the Code […]and would strengthen the confidence of citizens in their elected officials,” she wrote in her letter.
In her 2019 report, Ms. Mignolet recommended that “the National Assembly consider the creation of a permanent independent committee with decision-making powers regarding the working conditions of deputies”.
“In this regard, I have invited parliamentarians to study this report and consider the recommendations it contains, including the one relating to the establishment of working conditions for MPs, precisely in order to prevent this type of reflection takes place in the heart of a legislative debate on the issue,” she wrote in her letter.
Ms. Mignolet also points out that the report, which inspired the government to raise the salaries of MNAs, highlights the issue of ethics linked to the fact that MNAs determine their own working conditions.
In this report, it is stated that “the question of the appearance of a conflict of interest remains an issue whenever the working conditions of Members of Parliament are discussed […]. The creation of a standing committee with a mandate to periodically review the working conditions of parliamentarians could undoubtedly lessen this issue and allow parliamentarians to maintain a greater distance from this issue”.
“The bill implements the report of an independent committee whose recommendations become binding,” replied in writing the office of the parliamentary leader of the government, Simon Jolin-Barrette, Monday evening.
Ms. Mignolet did not wish to grant an interview to The Canadian Press.