Draft bill 75.

Summary.

The draft bill adds provisions to Law 33 of 2005, which adopted the Code of Parliamentary Ethics and Honor (Código de Ética y Honor Parlamentario). It proposes that complaints concerning incompatibilities under Chapter IV of the parliamentary ethics code may be filed only by principal or alternate deputies. A complaint must be submitted in a reasoned written notice to the chair of the Committee on Credentials, Rules, Parliamentary Ethics and Judicial Affairs (Comisión de Credenciales, Reglamento, Ética Parlamentaria y Asuntos Judiciales), explaining the matter and identifying the alleged breaches. Physical, audiovisual and digital evidence is admissible and is assessed by committee members according to sound judgment. The filing rule excepts the incompatibility concerning unjustified absences in item 8 of article 10.

Upon receiving a complaint, the committee has up to 10 business days to assign it among its members and convene a hearing to decide whether to admit it. The respondent receives written notice that a complaint has been filed. The notice is also read as correspondence at the next ordinary plenary session after the day the complaint was filed. These steps place the admissibility decision and notification before the hearings at which the parties present their positions.

At the first hearing, the complainant may present arguments and any additional evidence available. A second hearing is then convened so that the respondent may contest the complaint, present arguments and submit such rebuttal evidence as the respondent considers appropriate. The committee may hold both hearings on the same day if they take place at different times and each party is heard separately. Once both hearings have ended, the committee must issue its decision immediately or within up to 30 calendar days.

For deputies who incur a Chapter IV incompatibility, the bill provides for an oral reprimand, a written reprimand, suspension of the right to speak during the plenary period for incidental matters for 15 to 30 days, or a monetary sanction equivalent to 1 to 7 days of salary. Reprimands are public and are issued when the committee announces its decision. An oral reprimand is delivered in person and broadcast through the official media of the National Assembly (Asamblea Nacional). A written reprimand is sent to the deputy’s office and published on the National Assembly’s official website for 7 calendar days.

During a suspension of the right to speak in the period for incidental matters, a deputy may still attend the plenary and committee meetings, propose written amendments to bills, introduce bills or draft bills, take part in debates and vote on matters before the National Assembly. Sanctions are individual: one imposed on a principal deputy does not extend to the alternate, or vice versa. Art. 8 lists the additions to Law 33 of October 27, 2005, and Art. 9 sets commencement for the day after promulgation. The provisions concern the National Assembly, its responsible committee, principal and alternate deputies, and parliamentary proceedings.