(U) CLARIFYING PARLIAMENT'S CONSTITUTIONAL RIGHT

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 000948

SIPDIS

STATE FOR NEA/ARP

E.O. 12958: DECL: 03/14/2014
TAGS: PGOV KU
SUBJECT: (U) CLARIFYING PARLIAMENT'S CONSTITUTIONAL RIGHT
TO GRILL


Classified By: (U) CDA Frank Urbancic; Reason 1.4 (d).


1. (SBU) SUMMARY: The Kuwaiti Constitutional Court agreed in
mid-March to hear legal arguments in April from National
Assembly lawyers in defense of parliament's right to question
Cabinet Ministers. Earlier, the GOK questioned the
constitutionality of parliament's current interpretation of
Article 99 of the Kuwaiti Constitution*the right of National
Assembly members to question Cabinet ministers. The
constitutional parameters on grilling are vague and the GOK
is hoping that the courts can define limitations on specific
National Assembly grilling actions to stem the tide of future
interpellations. Any decision narrowing the parameters of
acceptable grilling practices would favor the GOK but would
also represent an uncommon occurrence of judicial review from
Kuwait's Constitutional Court. END SUMMARY.


2. (SBU) Mohammed Dhaifallah Sharar, Deputy Prime Minister,
Minister of State for Cabinet Affairs, and Minister of State
for National Assembly Affairs, submitted in February the GOK
request for an examination of the constitutionality of the
grilling against Finance Minister Mahmoud Al-Nouri. Now,
lawyers for the National Assembly will be given a chance to
defend their position before the Constitutional Court on
April 17. In its petition, the GOK requested that the Court
spell out the limitations of queries that may properly be
submitted to Ministers and the Prime Minister. The petition
also requests the court clarify whether a Minister or a Prime
Minister is required to submit data, documents or secret
information to parliament. The petition further requests an
explanation on whether a Prime Minister must answer queries
on all ministries or is permitted to only answer questions on
the public policy of the state.


3. (U) Only the GOK, the National Assembly, or the courts can
bring a case before the Constitutional Court. Article four
of the law establishing the Constitutional Court states that
disputes shall be raised to the Constitutional Court either
through a request from the National Assembly or the Council
of Ministers. Additionally, a court can request a
constitutional review if it finds during consideration of a
case that the decision necessitates defining the
constitutionality of a law or decree. This process of
judicial review to rule on the constitutionality of a law is
rarely employed.

(U) What The Constitution Says
--------------

4. (SBU) The Kuwait Constitution is noticeably vague with
regard to the parameters by which the National Assembly must
abide when grilling Ministers. Article 99 of the
Constitution reads "Every member of the National Assembly may
put to the Prime Minister and to Ministers questions with a
view to clarifying matters falling within their competence.
The questioner alone shall have the right to comment once
upon the answer." Article 100 goes on to clarify that
parliament may grill any Minister "with regard to matters
falling within their (the Minister,s) competence." The
question is whether "matters of competence" pertains only to
the actions the individual Minister took while serving in his
current office or also includes any actions he took on behalf
of the GOK prior to becoming a Minister, as well as actions
taken by the Ministry before his tenure.

(SBU) PM Can Be Grilled But Not Voted Out
-------------- --------------

5. (SBU) After a grilling, a Minister can face a vote of
no-confidence; to pass, that vote requires a simple majority
of members excluding Ministers--i.e. currently 25 of 49 MPs.
The Prime Minister, who can be grilled according to Article
100, is the only Minister exempt from a no-confidence vote.
Article 102 of the constitution states that the Prime
Minister &shall not hold any portfolio; nor shall the
question of confidence in him be raised before the National
Assembly."


6. (SBU) Parliament, according to Article 102, is permitted
to submit a complaint to the head of state regarding its
inability to cooperate with a Prime Minster. In response,
the Amir can choose to relieve the Prime Minister of office
and appoint a new Cabinet, or dissolve the National Assembly.
If he chooses the latter course and the new Assembly decides
it cannot cooperate with the PM, "he shall be considered to
have resigned."


7. (C) COMMENT: Sharar's request to the Constitutional Court
appeared at first to be something of a stall tactic to halt
the grilling campaign against Al-Nouri. That grilling went
ahead on March 8, which led to a vote of no-confidence on
March 22 that Al-Nouri survived (septel). If the Court
ruling supports constitutional limitations on the
interpellation process, it could take the steam out of the
current grilling campaign. On the other hand, if the
Al-Nouri grilling is found to be constitutionally sound,
parliament will have been given the green light to question
any minister on anything he has done in his life regardless
of its link to the execution of his ministerial duties.


8. (C) COMMENT CONTINUED: Many constitutional articles are
open to great interpretative discretion by the executive and
legislative branches and are rarely subjected to
constitutional challenge. (NOTE: e.g. Article 29 of the
constitution holds that "all people are equal in public
rights and duties before the law, without distinction as to
race, origin, language, or religion," but this is
consistently and noticeably violated in Kuwait.).


URBANCIC