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Philippe Gomès

France

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20 records where Philippe Gomès is listed as a sponsor, author, or other actor. Search with topics and years

Question· Question écrite8328open

Question 8328 — overseas

France · National Assembly

Article 137 of Law No. 2008-1443 of December 30, 2008 on amending finances for 2008 modified the conditions for granting temporary retirement compensation (ITR), and organizes its gradual extinction until 2028. Decree No. 2009-114 of January 30, 2009 relating to the temporary compensation granted to retired personnel covered by the code civil and military retirement pensions constitute the regulatory aspect of the reform. The law now makes the granting of the ITR subject to actual residence in one of the six overseas communities concerned. In addition, it also makes it subject either to proof of fifteen years of effective service in one or more of the six communities, or to possession of the center of the material and moral interests of the person concerned in the territory of residence. In addition, it caps in a decreasing manner the amount of compensation which will be granted from January 1, 2009, until its extinction on January 1, 2028. The Government does not intend to reverse the 2008 reform, which responds to a dual concern for equity and control of public spending. This reform also has very progressive effects over time. Indeed, with the last admission to the system resulting from the reform, planned for 2027, the current system does not should probably not be put into complete extinction before the end of the 2050s. The interests of the overseas communities concerned are thus preserved, avoiding any economic destabilization of these territories.

Question· Question écrite812open

Question 812 — sea and coastline

France · National Assembly

France pays particular attention to the surveillance of its territorial waters in the Pacific. This surveillance is exercised in particular by the armed forces in New Caledonia (FANC) which contribute to the defense of France's sovereignty and the safeguarding of its interests in the geographical areas concerned. To accomplish their missions of protection and surveillance of New Caledonian waters, the FANC has air and sea means. It is specified, in this regard, that the two P 400 patrol boats, to which the honorable parliamentarian refers, will be withdrawn from active service in 2020. Work is currently being carried out with a view to considering the delivery from 2021, instead of 2025, of the first BATSIMAR type patrol boats (maritime surveillance and intervention vessels) called to replace them, thus making it possible to avoid and, at the very least, to significantly reduce temporary capacity outages. Concerning illegal fishing, repeated incursions by Vietnamese-flagged vessels, commonly known as Blue boats, into New Caledonia's territorial waters have led to an appropriate response from state services. Indeed, 3 large-scale fisheries police operations, carried out under the authority of the government delegate for state action at sea, made it possible, in 2016, to divert and control 8 Blue boats. Alongside elements of the maritime gendarmerie, FANC patrol boats and aircraft actively participated in these operations which took place between June 20 and 23. Alongside these local interventions by state services, the French ambassador to Vietnam intervened with the authorities of this country, in order to define common areas of effort to strengthen the fight against illegal fishing activities. Furthermore, more generally, the development of the use of satellites in the field of maritime surveillance makes it possible to better target the use of means of action in the vast areas over which France exercises its sovereignty. In order to harmonize the needs and further rationalize the practices of French administrations contributing to State action at sea in the field of the use of satellites for maritime surveillance, the naval staff commissioned the construction, on mandate of the Secretary General of the Sea to the Prime Minister, of a demonstrator called “Trimaran”. This demonstrator takes the form of a one-stop shop providing access to information from an evolving catalog of commercial satellites. At the end of an experimental phase carried out in various parts of the world, it was decided to perpetuate this system and extend it to all maritime zones. In this context, State services are to date able to effectively deal with intrusion attempts by infringing vessels into the exclusive economic zone of New Caledonia, it being noted that no presence of Blue boats has been detected in these waters for several months.

Question· Question écrite808open

Question 808 — places of deprivation of liberty

France · National Assembly

This establishment actually suffers from overcrowding: as of October 23, 2017, 499 detainees were housed for a capacity of 402 places, i.e. an occupancy rate of 124.1%. The construction of a second establishment in the northern province should improve this situation thanks to the delivery in the Koné-Paiamboué sector in 2021 at the latest of a structure of approximately 120 places, the project management of which is delegated to the civil aviation department.  Regarding the number of surveillance personnel, the Nouméa prison center has 113 supervisors for a reference set at 129, i.e. a coverage rate of 87.59%. Ten trainee supervisors will take up their duties, at the end of their schooling, on February 5, 2018 in Nouméa. Furthermore, it was decided to draw on the additional list of the 2017 decentralized competition: out of the seventeen agents from the list, fifteen were able to be retained, who began training on November 6, 2017.  The audit mission of the reference organization chart of Camp-Est has not yet been carried out: it will be carried out in the first half of 2018 in order to also be able to process the opening of the Koné penitentiary center.  Regarding the mission entrusted to the General Inspectorate of Justice, the mission letter of March 9 concerns the evolution of the justice in New Caledonia in the next ten years. It is therefore in a more general context that penitentiary subjects are treated, particularly with regard to the situation of the Nouméa penitentiary center but also the prospect of creating a penitentiary establishment in Koné.

Question· Question écrite6877answered

Question 6877 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister of State, Minister of the Interior, to the worrying number of domestic violence recorded in New Caledonia. It notes that, according to the statistical assessment of insecurity and delinquency in 2017, made public by the Ministry of the Interior in January 2018, intentional assault and battery committed within the family sphere concerns 3.9 victims per 1,000 inhabitants in New Caledonia, a rate 2.5 times higher than mainland France and a record throughout overseas territories. He adds that these alarming figures have increased by 29% since 2015. He emphasizes that sexual violence, perpetrated in relationships or within the family, is also on the rise. It indicates that in 2016, 60% of the crimes judged by the Assize Court of Nouméa concerned cases of rape committed in the sphere family, 588 cases linked to “spouse violence” were judged in court and 317 complaints for domestic violence were filed at the police station or gendarmerie. He notes that these worrying figures must however be underestimated due to the silence which reigns over this scourge and the factors, particularly social and cultural, which push the victims, mainly women, to keep silent about the mistreatment they suffer. endure. He recalls that a family protection brigade (BPF) of the national police and gendarmerie is based in Nouméa and provides real expertise, both in the management of interventions within the family unit and in the legal response. In view of the aforementioned statistics, he cites the urgency of also creating a family protection brigade in the gendarmerie zone. He notes in fact that in the bush, difficulties in accessing the law, the lack of emergency accommodation and the rules which govern clan life, considerably limit the detection and care of victims of physical and sexual violence. He therefore wishes to know whether the State intends to help New Caledonia fight against domestic and domestic violence and, with this in mind, whether the Government plans to create a child protection brigade. families in the gendarmerie zone.

Question· Question écrite2531open

Question 2531 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister for Overseas Territories to the execution of Law No. 2017-256 of February 28, 2017 on programming relating to real equality overseas and laying down other provisions in social and economic matters. He recalls that this text aims to correct the disparities in treatment operated by the State between the overseas territories, and pursues an objective of real equality between the inhabitants of New Caledonia and those of mainland France. He invokes article 2 of the aforementioned law, according to which "territorial continuity means (...) the establishment or maintenance of a continuous and regular transport offer within these [overseas] territories and between these territories and mainland France", and article 8, which provides that "In New Caledonia, the convergence plan proposes the paths allowing a revision of the system of the territorial continuity (...)”. He invokes the urgent need to extend the existing territorial continuity system, in accordance with the letter of the law and the commitment of the President of the Republic. It notes in fact that the reform of the territorial continuity system resulting from the LODEOM law of May 27, 2009 was carried out to the detriment of the overseas territories furthest from the mainland, while tickets plane tickets are the most expensive. He adds that the criteria and amounts retained by this reform have led to the number of Caledonian beneficiaries being divided by 4, from 12,000 to only 3,000 people per year. Regarding internal territorial continuity, it notes that the law of February 28, 2017 relating to real equality overseas provides that a government report must determine the modalities according to which this system could be extended to New Caledonia for travel to the Loyalty Islands, the Isle of Pines and Bélep. In this regard, he cites the example of Guyana, which has benefited from an internal territorial continuity system since January 1, 2012. Ten months after the adoption of the law of February 28, 2017, he would therefore like to know whether the Government has indeed undertaken the work and reflections necessary for the revision of the global system of territorial continuity in New Caledonia.

Question· Question écrite2528open

Question 2528 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister for Overseas Territories to the execution of development contracts awarded by the State to New Caledonia for the period 2017-2021. He recalls that development contracts were established by the referendum law of November 9, 1988, then confirmed by the organic law of March 19, 1999, and that they are an essential financing tool for the rebalancing and economic development of the territory. It notes that the total amount of contracted credits for 2017-2021 amounts to more than 93.5 billion FCFP, with an overall State participation of 47 billion FCFP over five years, or 9.4 billion FCFP (79 million euros) per year. He expresses his serious concern about the possibility that the State plans not to respect its financial commitment. He notes in fact that during the monitoring and programming committee of the September 1, 2017, the State announced a commitment authorization of 6.001 billion FCFCP (50 million euros) for this first year of budgetary programming, or only 63% of the credits initially planned when the contract was signed in December 2016. It underlines that the entire budgetary balance of New Caledonian communities could be jeopardized if the overall envelope of development contracts was not respected. He cites the fact that a certain number of structuring projects, carried out by New Caledonian communities in major areas such as housing, public facilities, health, youth, professional training or even research, will not be able to start if the State does not honor the funding to which it has contractually committed. He would therefore like to know whether the State intends to continue its support for New Caledonia under development contracts, thus marking its commitment to perpetuating a pact of trust which has lasted for 30 years, and, in this hypothesis, asks it to confirm the budgetary inclusion of its contractualized annual participation of 9.4 billion FCFP (79 million euros) within the framework of the 2018 PLF.

Question· Question écrite2085answered

Question 2085 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister of State, Minister of the Interior, to the worrying increase in acts of violence committed in New Caledonia. He adds that acts of small and medium-sized delinquency (acts of vandalism, burglaries, car theft, stone throwing, disturbances to public order, etc.) are on the rise throughout the bush. He notes that the gendarmerie personnel present in the Northern province are not are no longer sufficient to ensure the safety of populations. Firstly, he notes that the juvenile delinquency prevention brigade based in Nouméa covers a much larger territory than usually assigned to brigades in mainland France, imposing long and restrictive journeys throughout Grande Terre on the gendarmes who make it up. However, he notes that the prevention of juvenile delinquency remains crucial in New Caledonia, where 60% of local delinquency is committed by minors, half of whom are under fifteen years old. He therefore requests the creation of a second branch of the juvenile delinquency prevention brigade. On the other hand and for the same reasons, he underlines the need to install an antenna of the research section in the Northern province. He cites the fact that, more and more frequently, the research brigade established in Nouméa is called to reinforce the territorial units of the national gendarmerie in the bush. Finally, he requests the creation of a second branch of the motorized brigade, in order to respond to the important road safety issues that arise in the North of Grande Terre. To this end, he recalls that the figures for road delinquency in New Caledonia are alarming, at a level 4 times higher than that of the metropolis, and that the territory has one of the highest traffic accident mortality rates in the world. He points out the relevance of installing these three gendarmerie branches mentioned above in the Koné region, where a penitentiary center with 150 places will soon open its doors. He recalls the commitment of the President of the Republic, aiming to recruit 10,000 police officers and gendarmes in 5 years “assigned first place in priority areas. He would therefore like to know whether the State considers New Caledonia a priority area and, in this regard, whether the Government intends to strengthen the number of gendarmerie personnel in the Northern province.

Question· Question écrite17096answered

Question 17096 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister for Europe and Foreign Affairs to the amount of the financial envelope allocated to overseas countries and territories (OCTs) as part of the negotiations on the future Multiannual Financial Framework (MFF) 2021-2027. The communication concerning the 2021-2027 MFF, presented by the European Commission on 2 May 2018, currently under examination in the Council and the European Parliament, contains the proposal to create a specific instrument dedicated to overseas countries and territories (OCTs), including Greenland, integrated into the European Union budget. This instrument would have a forecast budget of 500 million euros. The creation of a financial instrument specific to the OCTs constitutes a step forward, long awaited by these territories. This development must nevertheless be accompanied by a financial envelope height of the ambitions of the EU-OCT partnership. However, the Council's proposal for an overseas association decision (DAO) which details the financial distribution of this envelope of 500 million euros allocates 225 million euros for bilateral support to a Danish OCT, Greenland, compared to only 159 million euros for all 12 other Dutch and French OCTs. This sum would only represent 0.4% of external aid granted by the European Union. The European Parliament is therefore calling for an increase in this envelope to 669 million euros. While the President of the Republic recently affirmed his desire to build a strong Indo-Pacific axis, France, which is now the only European country present in the Pacific zone thanks to its OCTs, must adopt a strong position in the ongoing negotiations for the defense of these territories, which contribute to the oceanic and international dimension of the European Union. He questions him about the Government's commitment, within the framework of these negotiations, to the defense of the OCTs and in favor of an upward revision of the overall envelope which will be allocated to them in the multiannual financial framework 2021-2027 and a better distribution of funds taking into account the same criteria for all the OCTs.

Question· Question écrite1362answered

Question 1362 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Secretary of State, to the Prime Minister, responsible for equality between women and men, to the painful problem of violence against women in New Caledonia. He recalls that the statistical data available to the territory date from a survey carried out by INSERM in August 2003, and already highlighted an alarming situation with one in four women victims of physical and sexual abuse; a figure nine times higher than that of mainland France and a record throughout overseas. It underlines the urgent need to update these indicators, the obsolescence of which is detrimental to the impetus and implementation of new public policies in favor of women's rights. He recalls having contacted the government, on numerous occasions in 2015 and 2016, so that the investigation national on violence suffered and gender relations (VIRAGE) led by INED can be extended to New Caledonia, like the mainland and the departments of Reunion, Guadeloupe and Martinique. He notes that, on September 4, 2017, questioned by four overseas deputies on the need to maintain funding for the VIRAGE investigation in the aforementioned overseas departments, the Secretary of State responsible for equality between women and men affirmed that “the fight against sexist and sexual violence in overseas departments and communities [was] an absolute priority” and that as such, “the financing of the VIRAGE DOM-TOM investigation” cannot be called into question. He invokes Law No. 2017-256 of February 28, 2017 on programming relating to real equality overseas and laying down other provisions in social and economic matters, including Article 146 provides that “Any statistical survey carried out in the overseas communities governed by article 73 of the Constitution by the State or one of its public establishments is extended to New Caledonia and the overseas communities governed by article 74 of the Constitution”. He would therefore like to know if the State intends to support New Caledonia in the fight against abuse against women, in accordance with the provisions of the law. In this perspective, he asks the Government to inform him of the timetable according to which the territory will be able to benefit from the VIRAGE survey.

Question· Question écrite1179open

Question 1179 — overseas

France · National Assembly

Mr. Philippe Gomès draws the attention of the Minister of Action and Public Accounts to the eligibility criteria retained by Decree No. 78-399 of March 20, 1978 relating to the payment of travel expenses for enhanced leave granted to magistrates and civil civil servants of the State from the overseas departments (DOM). He recalls that this text grants, every three years, special leave of 65 consecutive days to agents of the State originating from the French Overseas Territories or Saint-Pierre-et-Miquelon justifying the center of moral and material interests (CIMM) in these territories. He adds that this leave gives rise to payment of the transport costs of the civil servant and his children, as well as the payment of a cost of living allowance. He welcomes the fact that these provisions constitute a major element of the policy of territorial continuity between the Overseas Territories and France, and represent a real social achievement for overseas civil servants whose transfer to mainland France often generates profound social and family uprooting. It notes, however, that the statutory provisions of the 1978 decree have never been extended to agents originating from overseas territories (TOM) assigned to mainland France and, as such, New Caledonian civil servants do not benefit from the same rights than their counterparts in the French Overseas Territories. He nevertheless notes that significant progress has made it possible to improve the discrimination suffered by agents from the overseas territories, and invokes the programming law of February 28, 2017 relating to real equality overseas, which notably establishes the CIMM as a legal priority of assignment for all State civil servants originating from New Caledonia. He regrets that the significant progress recently made by the legislator have not been concomitantly followed by a reflection on the possibility of extending the allocation of enhanced leave to Caledonian state agents. It underlines that the aforementioned provision constitutes an obstacle to the principle of equality between overseas territories, and demonstrates the disparities in treatment operated by the State between overseas departments and other overseas communities. He would therefore like to know if the Government intends to correct this inequality by revising the decree of March 20, 1978, in order to broaden its scope of application to state civil servants with proof of their CIMM in New Caledonia.

Question· Question écrite26434open

Question 26434 — maternity health insurance

France · National Assembly · 1 November 2020

Mr. Philippe Gomès draws the attention of the Minister of Solidarity and Health to the coverage of transport costs in a bariatric ambulance. This mode of transport, intended in particular for obese people, has an additional cost compared to conventional ambulances because it requires a specific vehicle and a crew of four people. However, this mode of transport is only covered by health insurance on the basis of the cost of a travel by conventional ambulance. The high amount of the out-of-pocket cost for the patient, which can represent several hundred euros per trip, causes a large number of them to forgo care, thus worsening their state of health. This situation seems all the more unfair since obesity leads to various pathologies such as diabetes, hypertension, and cardiovascular diseases, which require monitoring. regular medical care. It therefore asks what measures the Government intends to implement in order to improve the coverage, by health insurance, of bariatric ambulance transport costs and thus guarantee that people suffering from obesity have equal access to care compared to non-obese patients.

Question· Question écrite17736answered

Question 17736 — overseas

France · National Assembly · 2 December 2019

Mr. Philippe Gomès draws the attention of the Minister of the Interior to the consequences of the passage of cyclone OMA which affected, between February 16 and 26, 2019, New Caledonia and more particularly the communes of Brousse. He recalls that the precipitation and violent winds which accompanied this climatic phenomenon have already led the government of New Caledonia to recognize the nature of “calamities agricultural » to the damage caused to all the municipalities of the country. The President of the Government of New Caledonia also announced his intention to propose, during his government meeting on March 6, 2019, exceptional aid to municipalities. He also requested by letters dated February 28, 2019 addressed to the Prime Minister and the Minister of Overseas Territories the allocation of credits from the overseas relief fund to benefit of New Caledonian farmers and communities. Indeed, from Bélep to Yaté, tens of kilometers of paved roads and other access routes, as well as several watercourse crossing structures, have been seriously damaged or destroyed. Farms were also heavily damaged or destroyed. Also, he thanks the minister for having reminded, on February 19, 2019, during the questions session at Government, that if the extent of the damage justified it, the overseas relief fund could be mobilized. To date, in view of the expectations expressed, and in the light of the files presented, he asks him to please specify the amount of aid which could be allocated, in particular to the New Caledonian communities, as well as the timetable in which the New Caledonian community and the victims of agricultural calamities will be able to benefit from State aid from the overseas relief fund.

Question· Question écrite17532answered

Question 17532 — overseas

France · National Assembly · 2 May 2019

Mr. Philippe Gomès draws the attention of the Minister of National Education and Youth to the reclassification of secondary school teaching staff in the civil service of New Caledonia following a national competitive examination. He notes in fact that in a letter addressed to a secondary school teacher in the civil service of New Caledonia, winner of the internal aggregation competition (letter DGRH B2-3 no. 2018-0544), the Minister indicates that his reclassification cannot be based on articles 8 to 10 of decree no. 51-1423 of December 5, 1951, applicable to teachers reporting to the Ministry of National Education, but on article 11-2 of the same decree, relating to civil servants reporting to a public service of local authorities (therefore not teachers). He notes that before September 1, 2015, as indicated in a letter sent by the unions representing New Caledonian teaching staff (UT CFE-CGC and SNES-NC) to Mr. Vice-Rector, the Ministry of National Education proceeded with the systematic reclassification of all teachers in the public service of New Caledonia by considering them as reporting to its ministry. He therefore deplores that since 2015, local winners of national teaching competitions “suffer” a practice of random reclassification on the part of the Ministry of National Education. He observes that this practice leads to a disparity in treatment since in the case of an internal reclassification within national education, the seniority of the teaching services of the agents is taken back, while in the context of a reclassification in the territorial civil service, the reclassification is done by index equivalence impacting both the remuneration and career advancement of staff. Also, he questions the meaning to be given to these new practices: would the seniority acquired by a New Caledonian teacher have less value than that acquired by a teacher in mainland France? He is also surprised that the Ministry of National Education no longer considers secondary school teachers in the Caledonian civil service as reporting to the Ministry of Education. national, but as falling under the territorial civil service, even though on the one hand these teachers are winners of “national” competitions, and on the other hand New Caledonia is in no way a “territorial community”. Finally, he recalls that on the territory of the Republic, in France as in New Caledonia, the education system is based on major constitutionally recognized principles, according to which “the organization of free and secular public education at all levels is a duty of the State”. He therefore asks him to please correct this new reading.

Question· Question écrite8986open

Question 8986 — sea and coastline

France · National Assembly · 5 May 2018

Mr. Philippe Gomès draws the attention of the Minister of the Armed Forces to the need to improve surveillance of the exclusive economic zone (EEZ) in New Caledonia, by guaranteeing the continued presence of patrol boats in this zone. For months, fishing fleets flying the Vietnamese flag have been crisscrossing the Caledonian exclusive economic zone and plundering fisheries wealth. Thus, since May 2016, 71 illegal boats were identified, 20 were boarded or diverted, and nearly 35.7 tonnes of sea cucumbers were seized in the exclusive economic zone of New Caledonia. Currently, surveillance of these waters is carried out, for the most part, by two P 400 type patrol boats. However, the advanced age of these patrol boats and the maintenance difficulties associated with them make the protection and monitoring of the waters particularly difficult. Caledonian territories. The report annexed to the bill relating to military programming for the years 2019 to 2025 and containing various provisions relating to defense, currently being discussed in Parliament, provides for the delivery of six overseas patrol boats, two of which should be delivered to New Caledonia by 2021-2022. This commitment to strengthening resources relating to equipment maintenance is greet. However, the Minister of the Armed Forces specified, in response to written question no. 812 from Mr. Philippe Gomès that "the two P400 patrol boats [...] will be withdrawn from active service in 2020". While, in the coming years, the future of the world should be played out in the Pacific, it would be inconceivable to leave this maritime space prey to pillage, in the interval which could separate the withdrawal of the former patrol boats from the delivery of new ones, either for one or two years. Without patrol boats in Caledonian waters during this period, France's sovereignty over its overseas spaces and its exclusive economic zones would be undermined. He therefore asks that the removal of this deadline be guaranteed, in order to ensure, on a continuous basis, the protection of French territorial waters.

Question· Question écrite14821open

Question 14821 — overseas

France · National Assembly · 11 April 2018

Mr. Philippe Gomès draws the attention of the Keeper of the Seals, Minister of Justice, to the terms of appeal against non-judicial decisions of the Competition Authority of New Caledonia. He recalls that three types of appeal can be filed against non-contentious decisions of the Competition Authority of New Caledonia (ACNC). Interested parties and third parties may file an appeal for annulment or reformation before the administrative court of New Caledonia. The decision of the administrative court may then be the subject of an appeal before the Paris Administrative Court of Appeal, which may be the subject of an appeal before the Council of State. These three levels of appeal have the effect of considerably lengthening appeal deadlines and limiting the legal certainty of companies affected by the decisions. of the ACNC vis-à-vis third parties. It specifies that in mainland France, the Council of State is competent to hear decisions of the Competition Authority relating to merger operations and that there is therefore only one avenue of appeal. He observes that since October 2018, the system in French Polynesia is no longer comparable to that of New Caledonia since the decisions of the non-judicial Authority of the Authority Polynesian competition law can now only be subject to two avenues of appeal, before the Paris Administrative Court of Appeal and before the Council of State. Indeed, article 33 of decree no. 2018-880 of October 11, 2018 taken for the application of articles 10 and 11 of order no. 2017-157 of February 9, 2017 relating to appeals against the decisions of the Polynesian Competition Authority now provides for the jurisdiction of the Paris Administrative Court of Appeal to hear in the first and last instance appeals against decisions of the Polynesian Competition Authority which are not the responsibility of the judicial judge. It underlines the importance of standardizing the legal regime for appeals of decisions of the Polynesian Competition Authority and the New Caledonia Competition Authority before the administrative jurisdiction. He insists also on the need, on the one hand, to speed up appeal deadlines, by guaranteeing better legal certainty to New Caledonian companies and on the other hand, to reduce litigation before the administrative court of New Caledonia. He therefore wishes to know whether the Government intends to modify article R. 311-2 of the administrative justice code, in order to reduce the number of levels of appeal against decisions not litigation of the New Caledonian Competition Authority.

Question· Question écrite10044answered

Question 10044 — audiovisual and communication

France · National Assembly · 6 March 2018

Mr. Philippe Gomès draws the attention of the Minister of Culture to the main directions of the public broadcasting reform project. He notes that, among the first measures presented on June 4, 2018, there is notably the launch of a reflection around France Ô and its future on the terrestrial channel. He recalls that this France Télévisions channel dedicated to overseas territories has the mission of introducing the French public to the cultural diversity of overseas communities. He adds that the transcription of certain programs on TV5 Monde offers an international showcase for overseas identities and cultures. He notes that the multiplicity of know-how, arts, languages, customs and traditions in overseas communities are a source of national pride and, as such, must continue to be highlighted in the French audiovisual landscape. He evokes the “overseas reflex” that the Prime Minister is committed to establishing within the Government “to ensure that overseas territories are a very great and very long-term opportunity for France”. He insists on the need to continue to preserve the bonds of trust and reciprocal understanding which unite France and its overseas regions. While overseas territories still too often remain poorly known to French, and that the very vocation of France Ô consists of being a link between overseas communities and those in mainland France, he notes that a disappearance of the channel would be akin to removing this window on the world, de facto depriving the two million overseas compatriots residing in mainland France of an essential link with their territories of origin. Welcoming the consultation phase that the Minister wishes to engage, with overseas elected officials, around the fate of France Ô on DTT, it intends to take its full part in this debate and is now expressing its serious concerns about a possible suppression of the only French television channel which promotes the identities and cultures of overseas territories. He would therefore like it to clarify the Government's intentions regarding maintaining the terrestrial broadcast of France Ô.

Question· Question écrite1013open

Question 1013 — civil servants and public agents

France · National Assembly · 8 December 2017

Mr. Philippe Gomès draws the attention of the Minister of State, Minister of the Interior, to the expectations expressed by around fifty police officers from New Caledonia and assigned to mainland France, sometimes for more than ten years, who are trying to assert their rights to mobility to return to their native island. While he is delighted that around thirty Caledonian police officers were able to join the country, between 2016 and 2017, he recalls, however, that the law of April 20, 2016 relating to the ethics of civil servants, then the interministerial circular of March 10, 2017, recorded the taking into consideration of the “center of material and moral interests” in transfer requests requested by overseas civil servants, now making it possible to take into account both their personal situation and their family and material ties in these territories. In this regard, he notes that several dozen New Caledonian police officers, separated by 18,000 kilometers from their families or children, are still awaiting an assignment in New Caledonia, despite the fact that they meet the conditions linked to the national competition for assignment in Île-de-France relating to a compulsory period of 8 years of consecutive service in their administrative region. assignment. He underlines that if the period of this period of compulsory presence was reduced in an exceptional manner to a duration of 5 years of service, a large number of police officers could then return to the country to carry out their missions alongside their peers. He adds that New Caledonia is experiencing a worrying increase in general delinquency and is recording a significant increase in acts of violence, particularly committed against the police. He considers that the rapid return of these seasoned police officers, who are perfectly familiar with the human and social specificities linked to the local New Caledonian context from which they come, would contribute to immediately and effectively strengthening the existing workforce. He would like to know whether the Government intends to recognize the legitimacy of Caledonian police officers to benefit of a fairer and more united change. In this perspective, he invokes the need to revise the rules governing the duration of compulsory service in mainland France for Caledonian winners of the national competition for assignment to Île-de-France, and asks the Government to study the possibility, with regard to the most distant overseas territories, of lowering from 8 to 5 years the minimum period allowing them to obtain a change of status. region of assignment.

Question· Question écrite1876open

Question 1876 — overseas

France · National Assembly · 9 October 2017

Mr. Philippe Gomès draws the attention of the Minister for Overseas Territories to the situation of Caledonian students who are pursuing their higher studies in mainland France, today considered by the French administration as foreign students and forced, as such, to carry out very difficult procedures for their installation and their daily life. He notes that these difficulties are particularly problematic with regard to their registration with INSEE, from which their affiliation with social security directly results, essential in particular for access to care via the Vitale card, housing assistance, university registration, etc. He questions the fact that Decree No. 82-103 of January 22, 1982 relating to the national directory for the identification of natural persons provides, in its article 2, that “The [INSEE] directory includes persons born in the territory of the French Republic” and, in its article 9-1, that “the provisions of this decree are applicable in New Caledonia”. He recalls that this legal provision has never been applied for New Caledonia, while nearly 3,000 students are currently present on metropolitan soil, and that around 400 Caledonians medically evacuated each year face similar difficulties. He notices that in June 2016, the interministerial delegation for equal opportunities for French overseas people had made this crucial problem a priority and indicated, as such, that INSEE would do everything possible to ensure that students from the Pacific, and nationals of these territories having to go to France for reasons of health emergency or medical care, “are now registered before their arrival”. He regrets that this measure was provisionally applied since all files awaiting INSEE registration have been foreclosed since December 31, 2016. He underlines that many of these Caledonians today feel the feeling of being considered “foreigners” in their own country. He adds that the moral violence generated by this obvious form of discrimination has a very heavy impact on the number of dropouts from current studies. of year. He would therefore like to know what measures the Government intends to take to correct this unequal treatment between French people in France and those from overseas, and thus allow the 500 New Caledonian students who choose each year to study in mainland France, as well as the 400 who escape per year, to be treated in the same conditions as all other French citizens.

Question· Question écrite1817open

Question 1817 — state civil service

France · National Assembly · 9 October 2017

Mr. Philippe Gomès draws the attention of the Minister of Action and Public Accounts to the eligibility criteria retained by Decree No. 2001-1225 of December 20, 2001 creating a specific installation bonus for civil servants of the State and magistrates. He recalls that this text grants compensation of 12 months of the basic index salary, on the one hand to "civil servants and magistrates, holders or trainees, previously assigned to an overseas department or to Mayotte, who receive a first assignment in mainland France following a transfer or promotion", and on the other hand, to the aforementioned agents "whose family residence is located in an overseas department or in Mayotte and who are assigned to mainland France following their entry into the administration". He adds that the above-mentioned provisions were concomitantly extended to magistrates and state civil servants from Saint-Pierre-et-Miquelon by implementing decree no. 2001-1224 of December 20, 2001. He is delighted that this compensation support system can ensure comfort and serenity to these overseas civil servants, often faced with significant material difficulties at the time of their transfer to mainland France. It notes, however, that the statutory provisions of the decrees of 2001 have not been extended to agents from overseas territories (TOM), although they are assigned each year in large numbers to France, like their counterparts from the overseas territories. He notes that this situation concerns in particular New Caledonian police officers who have passed the national competition for national assignment or the national competition for regional assignment in Île-de-France, which impose respectively 5 and 8 years of compulsory service in the metropolitan administrative region of assignment. He underlines that the programming law of February 28, 2017 relating to real equality overseas made it possible to correct certain disparities in treatment operated by the State between the overseas territories and the overseas territories. It notes that the current conditions for granting the specific installation bonus constitute a clear obstacle to the principle of equality between overseas territories. He would like therefore know if the Government intends to rectify this inequality by revising Decree No. 2001-1225 of December 20, 2001, in order to extend its scope of application to civil servants of the State originating from New Caledonia.

Question· Question écrite1642answered

Question 1642 — overseas

France · National Assembly · 9 March 2017

Mr. Philippe Gomès draws the attention of the Minister of State, Minister of the Interior, to the deployment of everyday security police, tested in a few test zones by the end of 2017-beginning of 2018. He notes that this system aims to restore community policing in the most difficult neighborhoods of certain urban areas. He recalls that New Caledonia is facing a worrying worsening of acts of violence and general delinquency. He adds that this wave of insecurity is particularly significant around certain educational establishments located in the Greater Nouméa conurbation. He notes that these middle and high schools are becoming real centers of violence and the scene of incidents, the seriousness of which reflects the insufficiency of the police resources deployed on site. In this regard, he cites the recent example of a fight general which took place in front of the Grand Nouméa high school in Dumbéa, between around sixty students, some of whom were armed with category D weapons, requiring the intervention of 35 gendarmes and a helicopter. He underlines that the establishments of Greater Nouméa are now placed under the close surveillance of the gendarmerie, the national police and the municipal police, in order to guarantee the safety of students during outings. schools. However, he notes that despite the presence of visible and reassuring land for the population that this preventive measure offers, the personnel available to New Caledonia are insufficient to allow its sustainability. He recalls that the security of Caledonians is a major priority, particularly on the eve of the 2018 self-determination referendum and the tensions that this vote risks generating. He invokes therefore the relevance of installing a special daily security police unit in the Greater Nouméa conurbation and asks it to pay vigilant attention to the candidacy of New Caledonia as an experimental site for this system overseas.