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New mechanisms for distributing parliamentary committees... and legal problems that may delay their formation
March 08, 2022
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New mechanisms for distributing parliamentary committees... and legal problems that may delay their formation
March 08, 2022
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Unusually in previous sessions, the Presidency of the House of Representatives went to the precedent of presenting the issue of resolving the distribution of parliamentary committees over the resolution of the presidency of the Republic and the Council of Ministers, where the political blocs in previous sessions have consistently dropped their consensus on the three presidencies on the mechanism of distributing parliamentary committees and withdrawing them on the composition of the committees, so that their outputs come Identical with the norms of quotas presidencies.
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Parliamentary committees can no longer be divided according to the mechanisms used in previous parliamentary sessions after the entry of independent elements into the parliament
This precedent comes in the context of the conflict between the "Coordination Framework" and the "Tripartite" alliance, through which the latter seeks to show its dominance over the House of Representatives and to confirm that it took the initiative within its dome, according to political observers.
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The coordinating framework forces believe that the formation of parliamentary committees should not precede the process of electing the president of the republic and forming the government, which was confirmed by the representative of the State of Law coalition, Ahmed Al-Sufi, saying that "the (steadfastness) forces were not part of the first bloc meeting that took place before the last parliament session." He considered in a previous statement to "Ultra Iraq" that the meeting took place at the time "under the auspices of the Triple Alliance."
The (Stability) coalition supposedly includes the forces of the coordination framework and their Kurdish and Sunni allies, according to media statements, but without announcing the alliance officially.
Meanwhile , parliament member Adnan al-Jabri [You must be registered and logged in to see this link.] that "the House of Representatives' tendency towards the duty to form committees is better than waiting for an agreement on naming the President of the Republic, as the House of Representatives has tasks that should not be disrupted."
On February 22, the Parliament instructed the First Deputy Speaker of Parliament, Hakim Al-Zamili, to form a committee headed by him and the membership of MP Hassan Al-Kaabi, MP Muhammad Tamim and Representative Vian Sabry, to take over the tasks of holding an expanded meeting that includes parliamentary blocs to discuss the mechanism of distributing parliamentary committees, which led to a series of meetings. Between the leaders of the blocs and their representatives, preliminary understandings were reached about setting up a new mechanism for distributing parliamentary committees that differs from the mechanisms used in previous sessions.
Divide the committees and merge the categories
Parliamentary committees are divided, according to the mechanisms used in previous parliamentary sessions, into three categories, which are “A, B, and C.” They range in importance according to the committees’ competence and their connection to the relevant ministries, which is no longer possible to apply after the entry of independent elements into Parliament, according to the estimates of political analysts. .
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A bloc that includes four deputies can be divided into two deputies in committees of category (A) and two deputies of committees of category (B) according to an agreement made between the blocs
In the current session, "the mechanism for dividing committees into three categories (A, B, and C) has been abolished, and the committees have been divided into two categories (A, B), where category (A) is divided into 11 committees, while category (B) is divided into 14 committees. According to State of Law MP Muhammad Hassan, who told “Ultra Iraq” that “some committees were divided according to specialization, as the Oil and Energy Committee was separated into two committees, the Oil Committee and the Electricity Committee, and the Investment Committee was divided into the Investment Committee and the Industry and Agriculture Committee, And so on with a number of other committees."
A member of the House of Representatives, Alia Nassif [You must be registered and logged in to see this link.] that "some parliamentary committees will be disengaged, including the Oil, Energy, Health, Environment, Labor, Immigration Committee, and others, so that each committee will be separate, in addition to canceling or merging some parliamentary committees," noting that "the committees for national reconciliation and clans They will be merged."
As for the mechanism for distributing deputies to committees of categories (A and B), Representative Mohamed Hassan revealed that “an agreement was made between the blocs to distribute members according to a specific mechanism, where the bloc that includes four deputies can be divided into two deputies in committees of category (A). and two deputies from category (B) committees.
The representative of State of Law confirmed to “Ultra Iraq” that “the next session may witness the resolution of the file of the formation of parliamentary committees, as there are no thorny issues that may impede putting them to a vote,” noting that “the reason for delaying the formation of the committees is the failure of the committee to amend the rules of procedure to complete the required amendments.”
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Illegal committees
The House of Representatives had [You must be registered and logged in to see this link.] , at the start of its second session, which was held on Monday, February 28, 2022, to name 25 permanent parliamentary committees, while postponing the presentation of the rules of procedure to the House of Representatives for a vote. .
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There may be an explicit breach of Article 74 of the rules of procedure, which stipulates that the committee chairperson, deputy, and reporter shall be elected three days after its formation.
According to legal experts, the priority is to vote on the internal system first, and then to present the issue of forming committees to a vote, which means that the parliament’s vote on the number of committees and the amendment of their names and tasks is challenged in its legitimacy based on Article 51 of the constitution.
Director of the Parliamentary Observatory, Mazhar Al-Saadi, said in an interview with "Ultra Iraq" that "there is an explicit provision in Article 69 of the internal system that obligates the formation of committees after the approval of the internal system."
He adds: "If the internal system has been voted on in previous sessions, then the current parliamentary session must vote on it itself or proceed with certain amendments, that is, the logical sequence is for the House of Representatives to establish an internal system for itself. If the old internal system is approved, it must vote on it and then proceed with the formation of committees.
But jumping on this hierarchy determined by the internal system may create other legal problems in terms of the mechanism of distributing the parliamentary committee chairs, especially with submitting the file of forming the committees to the file of forming the government.
The director of the Parliamentary Observatory clarifies that “the political norm was to elect the head of the committee from a bloc that differs from the bloc of the minister concerned, and here without forming a government, he will proceed with choosing the oldest member to head the committee,” which is an explicit violation of Article 74 of the rules of procedure, which stipulates the election of the head of the committee. And his deputy and rapporteur three days after its formation.
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Voting on changing the names and tasks of the committees requires proceeding with voting on the rules of procedure first
Legal experts agree with Al-Saadi’s point of view. Legal expert Jamal Al-Asadi says that “there are no legal implications for not voting on a new bylaw, but there are legal implications if the previous provisions of the bylaw were violated before proceeding to amend them by voting in the bylaw.” In an interview with "Ultra Iraq", he stressed that "the vote on changing the names and tasks of the committees requires proceeding with the vote on the internal system first."
Constitutional Mechanisms
While other experts believe that the constitutional mechanisms do not obligate the House of Representatives to vote on the rules of procedure at the beginning of each parliamentary session; Rather, it allows it to be modified according to certain mechanisms.
Legal expert Hayan Al-Khayyat believes that "the bylaw of the House of Representatives in 2007, which underwent two amendments in 2016 and 2018, is valid to this day, and there is no need to approve a new internal system with each parliamentary session."
In an interview with Ultra Iraq, Al-Khayyat referred to the "possibility of amending the existing internal system according to the mechanism drawn up by the system itself, which is the permissibility of making amendments to the internal system based on a proposal from the Presidency, or fifty members of the Council and with the approval of the majority of the number of members."
The parliament [You must be registered and logged in to see this link.] earlier to form a committee to amend the functions of the committees in the rules of procedure headed by the First Deputy and the membership of: MP Hassan Al Kaabi, MP Faleh Al Sari, and MP Muhammad Tamim.
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