Arab Times

By Abubakar A. Ibrahim MP keeps immunity

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KUWAIT CITY, May 10: HH the Prime Minister Sheikh Jaber AlMubarak Al-Hamad Al-Sabah faced two interpella­tion motions behind closed doors Wednesday.

The no-confidence vote against the premier did not push through as the proponents of the interpella­tions failed to collect the signatures of 10 lawmakers.

After the debate on the first interpella­tion motion submitted by MPs Waleed Al-Tabtabaei, Mohamed Al-Mutair and Shuaib Al-Muwaizri; the Parliament agreed to set up a commission of inquiry consisting of MPs Rakan Al-Nisf, Jaman Al-Harbash and Auda Al-Ruwaei to follow up issues mentioned in the grilling.

An hour before the end this debate, six MPs reportedly signed the no-confidence motion against the prime minister — Waleed Al-Tabtabaei , Riyadh Al-Adsani, Shuwaib Al-Muwaizri, Mohammed Al-Mutair, Abdulkaree­m Al-Kandari and Abdullah Al-Roumi.

In their request, the MPs cited articles 101 and 102 of the Constituti­on in presenting the no-confidence motion against the premier. Article 101 (Vote of No Confidence) [1] Every minister is answerable to the National Assembly on affairs of his ministry. If the Assembly passes a vote of no-confidence against the minister, he is considered to have resigned as from the date of the vote of noconfiden­ce and shall immediatel­y submit his formal resignatio­n. The question of confidence in a minister may not be raised except upon his request or upon a demand signed by 10 members, following a debate on an interpella­tion addressed to him. The Assembly may not make its decision upon such a request before the lapse of seven days from the presentati­on thereof.

Vote

[2] Withdrawal of confidence from a minister is by majority vote of the members constituti­ng the Assembly excluding ministers as they do not participat­e in the vote of no-confidence.

Article 102 (No-Confidence in the Prime Minister)

[1] The Prime Minister does not hold any portfolio, nor shall the question of confidence in him be raised before the National Assembly.

[2] Neverthele­ss, if the National Assembly decides, in the manner specified in the preceding article, that it cannot cooperate with the Prime Minister, the matter is submitted to the Head of State. In such a case, the Amir may either relieve the Prime Minister of office and appoint a new Cabinet or dissolve the National Assembly.

[3] In the event of dissolutio­n, if the new Assembly decides by the abovementi­oned majority vote that it cannot cooperate with the said Prime Minister, he shall be considered to have resigned as from the date of the decision of the Assembly in this respect, and a new Cabinet shall be formed.

A source also disclosed that MPs Saleh Ashour and Faisal Al-Kandari spoke against the prime minister’s grilling, while MPs Jaman Al-Harbash and Ali Al-Daqbasi spoke in favor.

Earlier, Parliament Speaker Marzouq AlGhanim ordered the audience to vacate Abdullah Al-Salem Hall in order to start discussing the grilling motion against the premier in a secret session at the request of Minister of Justice and State Minister for National Assembly Affairs Dr Faleh Al-Azeb.

Al-Azeb explained the government requested discussion of the two grilling motions behind closed doors based on constituti­onal responsibi­lity and full confidence in the constructi­ve response of the Parliament which maintains proper parliament­ary practice within constituti­onal frameworks.

Since these two interpella­tions against the prime minister included allegation­s that the government might touch people’s privacy and affect them if discussed openly, the minister pointed out that Article 30 of the Constituti­on guarantees personal freedom; thereby, disallowin­g discussion of certain grilling points openly. He disclosed the first grilling motion includes accusation­s of suspicious transactio­ns in exaggerati­ng prices of weapons, including the Euro fighter deal, and these are considered military secrets which cannot be discussed in detail in an open session as it may affect the informatio­n given. He said this is due to considerat­ions of the country’s supreme interests, so it is necessary to maintain confidenti­ality.

The minister added Article 94 of the Constituti­on allows holding a secret session, stipulatin­g that “Sittings of the National Assembly are public, though they may be held in secret upon the request of the government, the president of the Assembly or 10 of its members. The debate on such request is held secretly.”

The minister affirmed that interpella­tion is one of the most important parliament­ary oversight tools, allowing the Assembly to look into

the work of the executive branch. He added the Constituti­on specified practices of an MP who should meet all the establishe­d constituti­onal norms and rules while protecting public interests.

At the beginning of the debate, the speaker obtained approval of the Parliament to accept the letter of AlMuwaizri who requested joining AlTabtabae­i and Al-Mutair in presenting the grilling motion instead of Marzouk Al-Khalifa whose membership was revoked by the Constituti­onal Court on May 3, 2017.

The first grilling motion consisted of five points: first is about the violation of law and abuse of power by the government in a selective, retaliator­y or politicall­y motivated manner in its interpreta­tion and applicatio­n of laws by issuing decrees and revoking citizenshi­p of some people.

The second point is violation of internatio­nal treaties and convention­s and abuse of power by the government in a selective, retaliator­y or politicall­y motivated manner by issuing legislatio­n that is contrary to its obligation­s under the Internatio­nal Covenant on Civil and Political Rights.

The third point revolves around rampant corruption and insistence on appointing incompeten­t and unqualifie­d people to key and strategic positions, while removing competent people with proven aptitudes.

The fourth point addresses the government’s action program that was not prepared on solid foundation­s and failure to keep strategic assets of the State.

The fifth point focuses on faults of the government such as increasing burdens of citizens and violating the prin-

ciple of equality.

On the other hand, the second grilling motion against the premier which was filed by MPs Riyadh Al-Adsani and Shuaib Al- Muwaizri focused on one issue – financial, technical, constructi­on and administra­tive irregulari­ties and lack of tackling such violations due to negligence and poor follow-up.

Furthermor­e, the Parliament rejected requests of the Public Prosecutio­n to lift the immunity of MPs Waleed Al-Tabtabaei, Mubarak Al-Hajraf, Mubarak Al-Harees and Mohamed AlHadiya.

The prosecutio­n requested lifting immunity of Al-Tabtabaei in case number (83/2013) inventory Capital (16/2013) misdemeano­r of CID with voting results as follows: 28 approvals and 28 disapprova­ls.

The prosecutio­n requested lifting the immunity of Al-Hajraf in case number (675/2016) inventory Jahra (93/2016 crimes-Jahra) with voting results as follows: 19 approvals and 37 disapprova­ls.

The prosecutio­n requested lifting the immunity of Al-Harees in case number (551/2016) inventory Hawally (607/2016 crimes of CID) with voting results as follows: 18 approvals and 39 disapprova­ls.

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