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Of the report's thirty recommendations on the institutional future of overseas France, three concern Saint-Barthélemy. But one line in particular has the island's politicians up in arms. In the 300-plus page report, the rapporteurs recommend "introducing a 'review clause' to enable the status of Saint-Barthélemy to evolve pragmatically and flexibly at regular intervals".
Bruno Magras disagrees
The honorary president of the Collectivité, Bruno Magras (referred to as Didier Magras in the report), took up the pen to express his profound disagreement with this recommendation: "After so many years of struggle to achieve an institutional and political evolution adapted to our historical and geographical realities, how can we explain that in the current context of a bankrupt France, it is necessary to enshrine in law, the re-examination of the Statute of Saint-Barth? "
A "useless" clause
His political heirs also expressed their incomprehension at such a recommendation. "It would mean reopening the statute on a regular basis, which is completely pointless, since the evolution of competencies is a matter of local political will, and can be achieved through an agreement. political will and can be achieved through a draft or proposed organic law", declared the Saint-Barth d'Abord group on a social network. The opposition group points out that Michel Magras has already changed the status in 2011 and 2015. As he explains, to modify Saint-Barth's organic statutory law, you first need a deliberation by the Territorial Council, then a consultation process between the Territorial Council and parliamentarians. The latter can in turn draft a proposal for an organic law that will be submitted to the parliamentary shuttle for possible adoption. The former senator points out that it is preferable for this law to go through the Senate first, as it is the assembly of the territories. "An organic law concerning the status of a community begins in the Senate and ends in the Senate," explains Michel Magras. So for a modification to the organic law to be adopted, it must first pass through the hands of Micheline Jacques, senator and territorial councillor for the opposition group. "The current statute allows local elected representatives to intervene at any time, on the sole condition that they work in consultation with the president of the local authority (his majority), the senator and the deputy", insists the former senator.
Hearing the president
But where does this idea of a review clause come from? The report mentions that the deputies interviewed Vincent Berton, former prefect of Saint-Martin and Saint-Barthélemy, Michel Magras and Xavier Lédée. In our November issue, the latter commented on his hearing: "It was also a good opportunity to point out the limits of this status. For example, there is no review clause, so we can sit down and look at what's working and what's not. "This recommendation was taken up unchanged by the deputies in their report. Contacted by telephone, Davy Rimane, co-rapporteur, asserts that this "review clause" would enable the Collectivité de Saint-Barth, if it wished to change its status, to ask the government to activate this review clause. And not the other way around. "It always starts from the territories and not from the government itself," says the Guyanese deputy.
"A risk for the future of our status"
However, according to Michel Magras, this definition does not apply to Saint-Barth governed under Article 74 of the Constitution. If a review clause is actually written into the law, it is mandatory, and "the executive commits itself to Parliament to re-examine legislative or regulatory provisions, at the earliest opportunity.review legislative or regulatory provisions, at the end of a period of experimentation set by law". During the re-examination, parliamentarians can then modify or delete legislative provisions relating to the island's status. "Parliamentarians can sometimes be very inspired, especially when France finds itself in a period of great political instability and insurmountable financial difficulties," adds Michel Magras. "Introducing a review clause would be an incomprehensible admission of political weakness, and would represent a risk for the future of our current status," warns the former senator. Several elected representatives, including Micheline Jacques, Alexandra Questel and Marie-Hélène Bernier, have publicly expressed their opposition to such a request, as has Bruno Magras: "Including in the law, a "review clause" that would allow any political group in the National Assembly to request a re-examination of our institutional status, is a matter of dangerous amateurism that worries and upsets me. "
A parliamentary process deemed too long
Is it a lack of knowledge on the part of the President of the Collectivité, or a clear desire to bypass local parliamentarians? Xavier Lédée insists that reopening the statute was not what he meant. The President of the Collectivité clears himself of the report's conclusions, claiming that he hasn't read it: "I haven't seen the report, so I don't know exactly what's written in it". However, the President of the Collectivité has re-shared on several of his social networks our article from the JSB 1603 edition describing the conclusions of this fact-finding mission. Would he have shared it without reading it? In this post, Xavier Lédée declares that it is "necessary to simplify adjustment and evolution procedures, while guaranteeing the population of Saint-Barthélemy that nothing will be imposed on them". A position he maintains over the phone. Xavier Lédée asserts that the current procedure, which goes through the senators and deputies, is a "long process". These are things that should be much simpler to discuss," justifies Xavier Lédée. And it's precisely to avoid getting bogged down in a Parliament where it's very difficult today to bring anything forward, because the composition of Parliament is what it is. "The President of the Collectivité would therefore like to discuss the island's competences directly with the government, should it wish to evolve. However, as explained above, handing over to the national executive is a risky gamble, and the term "clause de revoyure" has a very specific meaning. A definition that the President of the Collectivité did not see fit to verify, before being heard at the National Assembly.
