Hernan Kondori: Can Congress censor the Minister of Health without questioning him? | Policy
Although there is a House of Parliament Speakers It was scheduled for Thursday Voting on Fuerza Popular’s direct censure proposal against the Minister of Health, Hernan Kondoria section of the opposition would choose to question him first, in order to comply with due process and avoid future actions by the executive branch of the justice system.
There was another meeting yesterday [miércoles], it turns out that it is necessary to conduct the interrogation first. And if you do not satisfy the answer [de Condori]We’ll go censor […] The visit of the Health Committee cannot be considered an interrogation, it was decided to do everything according to the rule, ”explained the spokesperson for the Popular Renewal, Jorge Montoya, to El Comercio.
Montoya confirmed that Kondori has a series of questions against his suitability regarding his profession, after it was revealed that he has promoted the sale of cluster water on social networks.
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In this regard, Fuerza Popular spokesman, Hernando Guerra García, said they are assessing the situation with a senior congressional official, “because there is jurisprudence” about whether the Secretary of State can be subject to oversight, if they have not been questioned before.
We will analyze [esto]We don’t have a decision on whether to insist or not. We don’t want to be an obstacle either, or for the case to lead to an appeal [desde el gobierno]Or say it was done without respecting due process, the right to defence.”
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A spokesman for the Alliance for Progress, Eduardo Salhuana, indicated that his office supported “the removal of the Minister of Health from office”, but that Parliament’s regulations on the oversight track must be respected.
The senior officer agreed to submit a technical report on the matter [si se puede ir a una destitución directa]. We agree [con la salida de Condori]But you can’t stand anti-regulatory actions, but then they go to the Constitutional Court and overrule the decision and Congress remains as an institution that doesn’t act seriously.”
Salhwana, in contact with El Comercio, confirmed that Kondori, other than questions weighing him over alleged corruption in Gonen, had not shown, during a month in office, that he possessed the skills and ability to manage a sector such as health.
“There are no clear policies, they do not generate more commitment from the health professional sector, the Medical Syndicate has asked for them to be changed and there are complaints about the vaccination process [contra el COVID-19]. It is noted that there is a lack of experience. When dealing with the life of the Peruvians, someone of prestige and experience in this service is required. The president should see beyond Peru Liber.”
Somos Peru spokesman Wilmer Elera said the vote of confidence given by a section of his group to the ministerial government led by Anibal Torres “is not a blank check” and that “the next step is to impose censorship on” the Ministers of Health, Justice and Human Rights, Angel Yeldefonso Naro. .
Illera noted that his office hopes that “due process” will take place, that is, “first interrogation of Kondori and then censorship.”
From the executive branch, the Prime Minister, Aníbal Torres, said that an assessment of the health of the head of health must be made, because “we have to listen to the criticisms of both those who support us and those who support the opposition”. . “And if you need to make corrections, do so. On the other hand, Congress has oversight power,” he added to RPP Noticias.
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Experts’ point of view
Former Congressional official Jose Sevasco considered Article 86, paragraph A of the Parliament’s Bylaws clear, meaning that oversight continues only after a minister is questioned or invited to report a situation.
“It is explained that the call to the plenary meeting. Committee [como la de Salud, a donde fue citado Condori] The discontent of the entire Congress cannot be boasted. In the committee, the number of members does not exceed 15 or 20 people, and dissatisfaction cannot be caused as if it were the whole board. the report [del ministro] It should be before the plenary session,” he stressed to this newspaper.
Sevasko also noted that Fuerza Popular’s censure motion against Kondori would not be valid after the health chief’s questioning.
“Logic proves that the censorship was introduced after hearing it, and it wouldn’t make sense if it was implemented before. Of course, they have to update it [después]’, narrowed.
Alejandro Rospigliosi, a lawyer expert on parliamentary issues, took a different position, arguing that it was possible to “impose direct censorship” on a minister, if he had previously been represented on a congressional committee.
Politics cannot be judicialized and justice cannot be politicized. A Secretary of State, whoever he may be, if he has serious questions about his suitability for the position, is not worth slowing down at an interrogation station until he has answered what is already known, and what corresponds is censorship. And if the minister demands that before the judiciary, he will pursue political actions that come from the balance of power.”
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And the vacancy movement?
On the other hand, Montoya indicated that the intention of a section of the opposition is that acceptance of the processing of the vacancy application against President Pedro Castillo can be discussed and voted on on Thursday afternoon.
He added that they have 52 votes to accept the impeachment request and to summon the president and his attorney for the plenum.
“Yes, we have the votes, and I won’t tell him [quiénes se han sumado]But if we get this far [52 votos]”, He said.
A spokesman for the Alliance for Progress (APP), Eduardo Salhuana, said he would vote to accept the vacancy proposal and predicted that four members, apart from the five who had already signed the document, would as well.
During a trip to Mala (Cañet, Lima), President Castillo considered the new vacancy application against him to be part of a “group” of congressmen “who have their own agenda”. “We respect democracy, and sometimes it is necessary to make us see some mistakes, we have come to serve the country,” Latina Notícias said.
Salhana indicated that the agency has not yet reviewed the proposal to question the Minister of Justice and Human Rights. He added that they will meet in the next few hours to take a collective stand.
The interrogation movement against Condori was promoted by Renovación Popular, Fuerza Popular, Avanza País, Somos Perú, and Partido Morado. It contains nine questions, including whether or not the Minister of Health is a specialist in obstetrics and gynecology.
In an interrogation statement, Condori was also asked to specify the circumstances in which he promoted and marketed “agua arracimada” and was questioned about the purchase of a CT scanner in Junín, which was noted by the Comptroller’s Office.
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Step by Step
1. The request for interrogation shall be made by a motion on the agenda signed by not less than 15% of the legal number of Members of Congress (20), and attached to the relevant interpellation document. This text has priority on the agenda and is presented in plenary before any other proposal pending on the agenda.
2. As provided in Section B of Article 83 of the Bylaws of Congress, a request for questioning for processing shall be accepted by a vote of not less than one-third of the able Members of Congress (44). Voting takes place “tirelessly in the session following the session in which the motion was announced”.
3. The plenary session of Congress has approved the day and time for the Ministers to respond to the interpellation. This cannot be done “in any case” before the third day after voting or after the tenth day. “When necessary, a special session is called for this,” the rule adds.
4. After the questioning or approval of the Ministers in Congress, Parliamentarians may introduce a motion of censure. Signatures of 25% of the legal number of legislators i.e. 33 lawmakers, and voting takes place between the fourth and tenth day after its submission. To pass, 66 votes are needed.