the High Authority would like to sound out the new ministers sooner

The High Authority for the Transparency of Public Life (HATVP) suggested on Wednesday that new ministers make known very early on their possible conflicts of interest, in particular because of their past functions, so as not to “harm government action”.

The members of the government currently have two months following their appointment to file declarations of interests and assets with this independent authority which controls them.

Due to a former position, the employment of a spouse or personal commitments, a minister may have to delegate some of his or her responsibilities to another or the Prime Minister. Sixteen members of the government are currently concerned, including Marlne Schiappa most recently, because of the duties of her companion, president of the mutual MGEN.

Some ministers of Elisabeth Borne’s governments contacted the HATVP from their very first days and were able to identify risky situations more quickly, submit their declarations in a shorter time and adopt deportation measures on their own initiativeby deviating from certain decisions, notes the High Authority in its 2022 annual report.

Towards an obligation to send a questionnaire?

It proposes to generalize the practice, which would require a circular from Matignon to provide for an obligation to transmit a conflict of interest prevention questionnaire, within one week of the appointment. The two-month deadline for a full declaration would remain.

The Head of State can already test the names of ministers with the president of the HATVP Didier Migaud, who has declarations of interest or assets of nearly 18,000 elected officials and public officials, including in particular past or present professional activities, the holdings of the governing bodies and the profession of the spouse.

In 2022, the High Authority sent 51 files to the courtsincluding 41 for failure to file a declaration and ten for breaches of probity or in the declaration.

Of these ten, are mainly concerned local elected officials as well as the former Minister Delegate for Local Authorities Caroline Cayeux, for suspicion of misleading valuation of assets. A preliminary investigation aimed at her was opened in December for laundering tax evasion in particular.

Against non-filing of declarations, the HATVP has been asking for several years to be able to impose fines, so that it is more dissuasive, underlined its president to the press.

The High Authority is also responsible for verifying the public-private mobility of 15,000 people, and it manages a public register of interest representatives. Created by the post-Cahuzac laws on transparency in 2013, it will celebrate its tenth anniversary next October.

The vast majority of public officials perform their duties with probity, judge M. Migaud. He thinks that given the strong feeling of distrust that persists in public opinion, they should promote and talk about these subjects more regularly, for example during an annual debate in Parliament.

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