Question· Question écrite8671open
France · National Assembly
The Ministry of Europe and Foreign Affairs sent, on May 14, 2018, instructions to all heads of diplomatic and consular posts in order to detail the system for establishing proxies specially put in place as part of the consultation on the accession of New Caledonia to full sovereignty on November 4, 2018. It notably drew the attention of posts abroad to the points which diverge from the traditional system for establishing powers of attorney: the reason for the impediment must correspond to those exhaustively listed in Article 4 of Organic Law No. 2018-280 of April 19, 2018; the Cerfa form no. 15902* 01 specially adapted for this consultation must be used (an explanatory note accompanies it); specific useful references are indicated (information sites and legal texts). These instructions were sent in several formats: diplomatic note (ND), personalized emails and downloadable documents available on the ministry intranet. The Minister for Europe and Foreign Affairs also underlined the fact that French people living abroad registered on the special list for the consultation on the accession of New Caledonia to full sovereignty on November 4, 2018 and wishing to establish a power of attorney with a view to voting may have resident status or simply be passing through. The Cerfa form no. 15902* 01 was made available to the consular authorities authorized to establish powers of attorney, in two formats: cardboard Cerfas were sent, by the diplomatic pouch service, to posts where at least 5 French people registered in the Register of French people established outside France and born in New Caledonia were identified (in proportion to the number of registrants and minors included) and a Cerfa downloadable online has been reported to all posts abroad. To deal with possible questions and concerns from posts abroad raised by this special system for establishing powers of attorney, a generic address allows posts abroad to address all their questions about potential difficulties encountered to the administration. central, which supports them in this process. The Minister for Europe and Foreign Affairs also launched a digital information campaign on the websites of the central administration (France Diplomatie) and posts abroad to inform voters of this consultation and the arrangements for its organization.
Question· Question écrite15522open
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Secretary of State, to the Minister of Action and Public Accounts, to the subject of the application to tax residents outside the European Union - in New Caledonia in particular - of the principles of the De Ruyter jurisprudence. He specifies that New Caledonia has, on the one hand, its own jurisdiction in matters of taxation and, on the other hand, its own social security system. So, he Caledonian tax residents are not allowed to benefit from social protection mechanisms financed by the general social contribution (CSG) and the contribution to the reduction of social debt (CRDS). Under the tax convention of March 31, 1983 between France and New Caledonia, tax nationals of New Caledonia are considered non-tax residents in France. Furthermore, he recalls that the De Ruyter case law (judgment of the Court of Justice of the European Union (CJEU) of February 26, 2015 in case C-623/13) confirmed the principle of prohibiting the accumulation of legislation applicable to social security. Based on these different contextual elements, he deduces that when a Caledonian taxpayer owns real estate in mainland France, and can draw income from this capital, it is inappropriate to impose the application of the CSG and the CRDS on the income derived from this real estate capital for the sole reason that the property is located in mainland France. Also, he would like to know the Government's position on the necessary non-application of the CSG and the CRDS on the capital income of New Caledonian taxpayers, affiliated to their own social security system, which is not linked to that which the CSG and the CRDS are intended to provide. finance.
Question· Question écrite18896open
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Minister of the Economy and Finance to the discrimination in terms of access to housing suffered by overseas students who come to pursue higher education in France. Many students are refused rentals by landlords or real estate agencies on the grounds that their guarantors only have a bank address overseas. However, law n° 89-462 of 6 July 1989 tending to improve rental relations and amending Law No. 86-1290 of December 23, 1986 prohibits the lessor from refusing a bank guarantee on the grounds that it is domiciled outside France. This practice has been denounced on several occasions, notably in the opinion of the Economic, Social and Environmental Council of February 2015, entitled “The challenge of professional integration of young overseas people” and in the information report published in March 2019 on behalf of the Overseas Delegation of the National Assembly on discrimination in overseas territories. In 2016, an interministerial letter from the Ministry of Housing, the Ministry of Overseas Affairs and the interministerial delegate was sent to real estate professionals to remind them of the illegal nature of such a refusal. The Defender of Rights has also regularly confirmed the illegal nature of these practices, in particular in its recommendation of May 24, 2012 MLD 2012-81. Students from overseas nevertheless continue to suffer this type of discrimination, which constitutes a real obstacle to access to housing. They may also be victims of practices, noted by the aforementioned information report from the Overseas Delegation, consisting of requiring a deposit higher than the legal amount. These inequalities processing add to the shock that arriving in France can represent and the adaptation difficulties that students encounter when settling in. These situations are all the more penalizing for students coming from the most distant territories, such as New Caledonia, French Polynesia and Wallis and Futuna. They can have a dissuasive effect for parents who already consent to the biggest financial sacrifices and mostly do not have local contacts to overcome the obstacles created by these illegal practices. Also, he questions the Government on the means it intends to put in place to put an end to this regularly denounced discrimination and to improve access to housing for overseas students who come to follow their studies in France.
Question· Question écrite18897open
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Minister of the Economy and Finance to the discrimination suffered by overseas residents in terms of access to banking services. An Opinion Way survey carried out by the Interministerial Delegation for Equal Opportunities for French Overseas in June 2013 revealed that access to banking services was cited by 81% of overseas respondents as the area where discrimination is the most. widespread. Article 70 of the programming law of February 28, 2017 relating to real equality overseas and other provisions in social and economic matters, known as the “EROM law”, made bank domiciliation a new criterion of discrimination. However, many people continue to be refused access to a service for the sole reason that their bank account, or that of third parties who act as guarantors, is domiciled overseas. This discrimination can result in the refusal to open a bank account or even to grant a loan, credit or rental deposit. The repetition of refusals of access to credit and housing led the Defender of Rights to issue a general recommendation (Decision of May 24, 2012 MLD 2012-81), in which he recognizes unequal treatment between the practices of establishments of credit, lessors and their intermediaries with regard to residents of France and overseas residents. The Defender of Rights also considered that requiring domiciliation in France to be able to take out an insurance contract constituted discrimination (Decision of March 17, 2016 MLD-2016-003). These practices constitute a barrier to access to housing for overseas residents who come to settle in France, employment and their economic and social integration. He also wishes to know what measures the Government intends to take to put an end to these practices which are openly contrary to the principle of equal treatment between citizens.
Question· Question écrite21979open
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Keeper of the Seals, Minister of Justice, to the experimentation of a citizen reparation penalty applicable to adults civilly responsible for juvenile delinquents. A recent information report from the Law Commission noted a trend towards the worsening of offenses committed by minors and the rejuvenation of their perpetrators, resulting in an increase in hearings before the children's court and, consequently, an extension of trial times. In the context of preparing the reform of juvenile justice by way of ordinance, the report of the commission of inquiry on the situation, missions and resources of the security forces, submitted by MM. deputies Jean-Michel Fauvergue and Christophe Naegelen, recommend making the criminal response “more immediate and significant for minors. Proposal No. 11 of this same report suggests “creating the conditions for an effective educational and penal response to acts of delinquency committed by minors [and] experimenting in particular with allowing the judge to pronounce civic sentences intended for adults who are civilly responsible after examining the family situation and educational responsibility”. He specifies that this request for experimentation is directly inspired by a proposal from the deputies of New Caledonia who support the creation of such a penalty on their territory which is characterized by a strong involvement of minors in acts of delinquency (in New Caledonia, according to figures published by the Security Staff (February 2019), those under eighteen still represent today around a quarter of the people involved in acts of delinquency delinquency). He fully supports the experimentation of this sentence at the national level, which would aim to make parents responsible by allowing them to serve a sentence in public reception structures or with approved associations. He would therefore like to know if the Government intends to take this recommendation into account and carry out this experiment, as part of the development of the justice reform of minors, and if applicable, within what time frame and in what manner.
Question· Question écrite25642answered
France · National Assembly
Mr. Philippe Dunoyer questions the Secretary of State to the Prime Minister, responsible for equality between women and men and the fight against discrimination, on the operation of the national help number for women victims of violence, 3919, in New Caledonia. One of the objectives of the Grenelle against domestic violence, launched on September 3, 2019 and closed on November 25, 2019, was to promote this listening number national. According to the figures communicated by the Government at the close of the Grenelle, the emergency measures announced by the Prime Minister in September 2019 would have notably resulted in a significant increase in awareness and calls to 3919. The proportion of the population knowing this number would thus have increased from 8% to 59% and 3919 would now receive 600 calls per day. He emphasizes the need to ensure the application of this type of measures intended to improve the protection of women victims of violence in overseas territories and in particular in New Caledonia where, according to the CESE report entitled “Combating violence against women in overseas territories” (March 2017), 19% of women have been victims of physical attacks by their spouse or ex-spouse, compared to 2.3% in France. He notes that women living in New Caledonia have no not able to call the 3919 number, for essentially technical reasons, even though they are particularly affected by the scourge of domestic violence. He therefore wishes to question her about the means that will be implemented to allow these women to benefit from the same access as other victims in the rest of the territory, to a listening, information and guidance number when they are in danger and need of appropriate support.
Question· Question écrite25643open
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Minister of Ecological and Inclusive Transition to the prevention and preparation systems for natural risks in the French Pacific territories. He recalls that these territories, particularly affected by the risks of cyclones and marine submersion or tsunamis, are not eligible for either the “Barnier Fund” or the “Green Fund”. On the one hand, the risk prevention fund major natural resources known as the “Barnier fund”, which has become the main source of funding for prevention, does not cover these territories. On the other hand, the “Green Fund”, created as part of COP21 in 2015, intended in particular for small Pacific states in order to support their adaptation to climate change, does not benefit the French Pacific territories. In order to compensate for this lack, a budget line was devoted to a “ equivalent” within the “overseas” mission of the budget in 2017, renewed in 2018 thanks to a parliamentary initiative. He recalls that the Overseas Minister recognized, when the Government wanted to remove this “equivalent” in the finance law for 2018, that this situation was not satisfactory. As formulated in the information report of the senatorial delegation overseas on major natural risks in overseas territories (July 2018) in its recommendations, "this transitional solution of a budget line from the Ministry of Overseas Territories must give way to a lasting system that meets a long-term challenge: it is necessary to consider an attachment to the "Barnier Fund" whose scope would be extended, or the creation of an ad hoc fund, with a similar method of resources and management". He therefore wishes to question her about the initiatives that are taken by the Government to integrate the Pacific territories into the policy implemented at the national level in terms of prevention of natural risks, in order to enable them to cope with the effects of global warming and rising water levels.
Question· Question écrite26163open
France · National Assembly
Mr. Philippe Dunoyer questions the Minister of Solidarity and Health on the legal framework for the application of the bioethics law in New Caledonia. To this end, he recalls that article 31 of bill 2187 relating to bioethics empowers the Government to “take, by means of ordinances, measures aimed at extending and adapting the provisions of this bill to Saint-Pierre-et-Miquelon, Mayotte, Wallis-et-Futuna, New Caledonia and French Polynesia; to take any measure falling within the domain of the law in order to modify, as necessary, the codes and non-codified laws to bring them into consistency with the provisions of this law and the orders taken for its application.” It notes, however, that under III of articles 21 and 26 of organic law 99-209 of March 19, 1999, jurisdiction in matters of civil law was transferred to New Caledonia. It further specifies that under 4° of article 22 of the same organic law, New Caledonia is competent in matters of “social protection, public hygiene and health”. He therefore questions him about the list of provisions of the bill which, falling within the field of competence of the State, will be applicable to New Caledonia. He thanks her for being particularly willing to justify what legal basis the provisions of article 1 of the bill relating to the opening of recourse to medically assisted procreation for female couples and single women, are or are not included in this list.
Question· Question écrite26164open
France · National Assembly
Mr. Philippe Dunoyer alerts the Minister of the Economy and Finance to the automatic allocation to New Caledonian nationals of a registration number in the national directory for the identification of natural persons. He recalls that Article 2 of Decree No. 82-103 of January 22, 1982 relating to the National Identification Directory of Natural Persons provides that “persons born in the territory of the French Republic. » He points out that despite the provisions of article 9-1 of the same decree specifying that it is indeed applicable to New Caledonia, the registration of Caledonians at birth is not in application, requiring students arriving in the metropolitan territory to request this registration when they join the student regime, as part of the procedure usually reserved for foreigners; That according to the services of the Maison de la Nouvelle-Calédonie, the registration deadlines last several months, while the number is essential for them to carry out all their social procedures (registration with social security and mutual insurance), professional (searches for internships) or personal (requests for housing assistance among others). He specifies that since 2016, to accelerate the registration procedure of students in the National Register of Registration of Natural Persons, a "transitional" system - which has become permanent - has been put in place, associating Caledonian services, in particular the Maison de la Nouvelle-Calédonie, the National Old Age Insurance Fund, and the services of INSEE, to facilitate the registration of some 500 new Caledonian students arriving in mainland France each year; he alerts her to the fact that after three successive extensions of this exceptional procedure, INSEE officially announced that it would put an end to it definitively from 2020, requiring New Caledonian nationals to follow the common law registration procedure applicable to foreigners. He reminds the minister that a discussion between the government of New Caledonia was initiated with the INSEE services in 2018 to find a solution to this question. He therefore asks him what means he intends to deploy in order to enforce in New Caledonia, and in accordance with the decree of January 22, 1982, the automatic registration of Caledonians in the National Identification Directory of natural persons; what instructions he intends to give to the INSEE services, until the allocation of an identification number to each Caledonian, so that the Caledonians present on the metropolitan territory can access a simplified registration procedure compared to that usually applicable to foreign nationals; and finally where are the discussions between the government of New Caledonia and state services on this issue.
Question· Question écrite32589open
France · National Assembly
Mr. Philippe Dunoyer questions the Minister for Overseas Territories on the situation of airlines in the Pacific communities during this period of health crisis. Like Aircalin, which represents 80% of international traffic to New Caledonia, these companies almost alone provide service and access to these archipelagos. They play a vital role in territorial continuity and are essential to development. economic of these communities. The survival of these companies, which must face a loss of activity of more than 80% in 2020, is therefore of major strategic importance for France and its communities. Aircalin obtained a state-guaranteed loan of 40 million euros and presented a “safeguard and recovery plan” including in particular a 20% reduction in its payroll. However, these measures are insufficient and only specific financial support from the State will make it possible to save these companies threatened with disappearance. The MP recalls that, during the question session to the Government on May 12, 2020, in response to a question asked at its initiative, the Government ensured the national representation of its desire to support these airlines “with collective responsibility” and “with all shareholders”. After the announcement, the April 24, 2020, with historic support of 7 billion euros for Air France, the Government mentioned a certain number of support measures in favor of other local companies. On May 6, 2020, the Minister of the Economy and Finance notably announced specific support for Air Austral and aid for the company Corsair. The MP wishes to question the Government on the support measures it intends to implement place in favor of airlines from Pacific communities in order to enable them to ensure their strategic role of territorial continuity, in particular the creation of an emergency support fund for overseas airlines, like the proposal formulated by the information report of the senatorial delegation to overseas on the overseas economic emergency following the covid-19 crisis. Finally, he would like to know if the Government supports the request made by Aircalin and the Government of New Caledonia to adjust the mechanisms governing the tax exemption granted to aircraft recently acquired by the company.
Question· Question écrite36646answered
France · National Assembly
Mr. Philippe Dunoyer questions the Minister of Transformation and Public Service on the eligibility of state agents serving in New Caledonia to pay the allowance to parents of disabled children. He recalls that circular FP/4 n° 1931 - 2B n° 256 of June 15, 1998 relating to social action benefits under common regulations allows State agents to benefit from social action benefits to help them to deal with various situations. These benefits consist in particular of an allowance paid to parents of disabled children under the age of twenty. The circular of December 24, 2019 relating to interministerial social action benefits under common regulations set the rate applicable to this allowance from January 1, 2020 at 165.02 euros per month. He notes, however, that this allowance only benefits “the agents of the central state administrations and decentralized services” as well as “state agents serving in overseas departments”, therefore excluding agents serving in New Caledonia, French Polynesia and Wallis and Futuna. It notes that the conditions of allocation thus set by the circular constitute a manifest breach of the principle of equality between State agents as well as discrimination as well. unfair or unjustified between overseas territories and between overseas communities and the rest of French territory. He would therefore like to know if the Government intends to correct this difference in treatment by revising this circular, in order to extend its scope of application to agents serving in all overseas communities.
Question· Question écrite7529open
France · National Assembly
Ministry of Solidarity and Health
Question· Question écrite8329open
France · National Assembly
As the author of the question indicates and following the criticisms expressed on the system by the Court of Auditors in its report on the pensions of state civil servants (April 2003) and by the modernization audit mission in its report of November 2006, article 137 of law no. allocation of temporary retirement compensation (ITR) and organizes its gradual extinction until 2028. Thus, from January 1, 2009, the ITR is no longer allocated only to pensioners who have their effective residence in the communities concerned. Implementing Decree No. 2009-114 of January 30, 2009 relating to the temporary compensation granted to retired personnel covered by the Civil and Military Retirement Pensions Code (CPCMR) provides, on the one hand, that the new Beneficiaries of the system must have worked in the eligible territories for a minimum period of 15 years or demonstrate their attachment to the territory by meeting the eligibility criteria retained for the granting of enhanced leave, and, on the other hand, they must have stayed since their date of arrival in one of the territories giving entitlement to the increase, for more than 183 continuous days (condition of entry into the system). THE services of the general directorate of public finances (i.e. the treasuries at the local level) control this essential condition. The 2009 decree nevertheless provided, under certain conditions, for the maintenance of the ITR in the event of absence. Thus, absences accumulated over a calendar year lasting less than three months do not give rise to suspension of payment of temporary retirement compensation. On the other hand, absences exceeding this duration result in a suspension of payment of compensation. The latter resumes without retroactive effect from the first day of the fourth month following the month of return. As an exception, the 2009 decree reserves the case of absences for medical reasons giving rise to medical evacuation and the case of force majeure presenting a health and medical imperative: in the first case, absences are not taken into account in the counting of days of absence and in the second, these may not be totally or partially counted. Despite the logic of strengthening the link between beneficiary and place of residence, the duration of authorized absence not giving rise to suspension of ITR payment has been increased in order to better take into account the individual situations of pensioners. She is now three months old while she was 40 days under the old regime. It should be noted that after the end of this waiting period, payment of the ITR resumes under the same conditions as before departure. Finally, the introduction of the three-month waiting period in the payment of compensation after returning from an absence of more than three months responds to the logic of effectiveness of residence. It helps prevent possible abusive behavior of alternating residence between the overseas territory and the mainland. As part of the parliamentary debates on the programming bill relating to real equality overseas, the previous Government had actually undertaken to refer the matter to the General Inspectorate of Administration (IGA) in order to carry out an assessment of the ITR for the purposes of possible revision of the system. Were in question, in particular, the particularly strict conditions maintaining compensation in the event of temporary removal. The IGA, after emphasizing the importance of monitoring the presence of retirees in the territory to be able to benefit from the ITR, recommended an examination and treatment on a case-by-case basis of some specific situations of absence from the territory not justifying the loss of benefit from the ITR (air force pilots or retired elected officials who sit in mainland France in assemblies) which could be specified by a circular from the general directorate of public finances (DGFiP). Therefore, it does not seem appropriate to change the conditions of residence of ITR beneficiaries through a new law.
Question· Question écrite8670answered
France · National Assembly
Mr. Philippe Dunoyer draws the attention of the Minister of State, Minister of the Interior, to the implementation of a single power of attorney system for Caledonians living in France, and registered on the referendum list with a view to the consultation on the accession to full sovereignty of New Caledonia. Many Caledonian voters will not be in the territory on the date of the consultation and will have to exercise their right to vote by a power of attorney. The consultation on the accession to full sovereignty of New Caledonia being a special and one-off vote, the attestation on honor alone will not be sufficient to justify a proxy. Caledonian voters present in France must provide proof establishing their inability to be present in their municipality of registration on the day of the consultation for one of the following reasons, during their request for power of attorney: professional obligations, training, disability, health reasons, absence from New Caledonia, assistance provided to a sick or infirm person. In anticipation of the consultation, it requests its assistance in disseminating within police stations, gendarmes and district courts the procedures to follow concerning the implementation of these referendum powers of attorney. Likewise, he asks the State that it initiates, via these same networks, information campaigns among the voters concerned on the methods of organizing the referendum. Finally, he recalls that several cases of delay or even non-receipt of proxies were observed during the 2017 presidential elections. He invites the State to ensure the smooth transmission of proxies to the competent institutions of New Caledonia. He would like therefore know if the Government is well prepared to support New Caledonian voters living in France, in their efforts to participate in the consultation on the accession to full sovereignty of New Caledonia, on November 4, 2018.
Question· Question écrite17636open
France · National Assembly · 7 May 2024
Mr. Philippe Dunoyer draws the attention of the Keeper of the Seals, Minister of Justice, to the implementation, in New Caledonia, of protection orders and the electronic anti-reconciliation bracelet system. He recalls that New Caledonia holds the French record for domestic violence and that the report recently published by the High Commission of the Republic in New Caledonia for the year 2023 shows 3,012 victims, an increase of +20% over one year and +91% over 4 years and a rate of incidents per thousand inhabitants almost three times that of the Metropolis. It also recalls that New Caledonia, competent in matters of civil law and civil procedure, ensures the development of its legislation aimed at preventing intra-family violence and as such adopted on September 5, 2022 a law of the country relating to the protection of victims of violence. This law of the country has, among other things, locally extended the provisions relating to protection orders resulting from Law No. 2019-1480 of December 28, 2019 aimed at taking action against violence within the family and Law No. 2020-936 of July 30, 2020 aimed at protecting victims of domestic violence. Considering the usefulness of evaluating the system of ordinances and the legislative developments voted in 2022, he would like to obtain communication of a quantified report of the decisions taken, in New Caledonia, by the family affairs judge in matters of protection order and measures imposing the electronic anti-reconciliation bracelet and of the analysis carried out by the services of his ministry on this quantified report.
Question· Question écrite16326open
France · National Assembly · 19 March 2024
Mr. Philippe Dunoyer reminds the Minister of the Economy, Finance and Industrial and Digital Sovereignty of the commitment made by the Government, during the public session of October 13, 2022 of the National Assembly, to carry out “an in-depth examination of the eligibility of photovoltaics for the overseas tax exemption system”. This eligibility was repealed in 2010 for all overseas territories on the grounds that it was duplicative employment with favorable feed-in tariffs, made possible by national tariff equalization resulting from the CSPE (which has since become “excise on electricity”). This commitment made by the Government to the National Representation followed a proposed amendment aimed at restoring this eligibility specifically in New Caledonia and French Polynesia. Indeed, the repeal carried out in 2010 should never have concern these two territories, since they do not, in fact, benefit from this national equalization. He therefore asks whether this in-depth examination has been carried out and, if so, what conclusions the Government draws from it.
Question· Question écrite16114answered
France · National Assembly · 12 March 2024
Mr. Philippe Dunoyer alerts the Minister of the Interior and Overseas Territories to the fact that the protection regime defined by the general code of local authorities (CGCT) for the benefit of local elected officials in mainland France does not apply to the presidents and members of the Government, the Congress and the Provinces of New Caledonia, while the latter are subject to the same risks. The result is an inexplicable injustice. He actually tells him that the only provisions on the subject were introduced into article 199-1 of the statutory organic law by a provision of the organic law of August 3, 2009, but this addition was limited to repeating the provisions of articles L. 3123-29 and L. 4135 29 of the CGCT benefiting elected officials of departments and regions in the event of violence, threats or outrages, in their then version. As a result, the presidents and members of the Government, Congress and the Provinces of New Caledonia do not benefit in particular from the protections provided for by the following provisions of the CGCT: responsibility of the community in the event of an accident (see articles L. 3123-26, L. 3123-27, L. 4135-26 and L. 4135-27 of the CGCT), obligation to grant functional protection to elected or former elected officials in the event of criminal prosecution "in the occasion of acts which do not have the character of fault detachable from the exercise of functions” (see second paragraph of articles L. 3123-28 and L. 4135-28 of the CGCT) and procedure in the event of violence, threats or outrages (see articles L. 3123-29 and L. 4135-29 of the CGCT as amended by the law strengthening the security and protection of mayors and local elected officials). A legislative update is therefore necessary in order to ensure New Caledonian elected officials a protection regime similar to that of which benefit other local elected officials of the Republic. However, the debates in the National Assembly relating to the bill strengthening the security and protection of mayors and local elected officials showed that parliamentary initiatives on this subject came up against the fact that the CGCT does not apply to presidents and members of the Government, Congress and Provinces of New Caledonia. He therefore asks him what measures he plans to take. taken in order to ensure New Caledonian elected officials have the same protection regime as mainland elected officials.
Question· Question écrite13297answered
France · National Assembly · 28 November 2023
Mr. Philippe Dunoyer draws the attention of the Minister Delegate to the Minister of the Economy, Finance and Industrial and Digital Sovereignty, responsible for public accounts, to the conditions of application of Instruction No. 09-016-B3 of July 27, 2009, relating to temporary retirement compensation (ITR) in overseas communities. In its article 6.2, the latter specifies the modalities for checking the residence of beneficiaries of the ITR by agents of the general directorate of public finances (DGFiP). This check takes place annually and involves the electronic sending of numerous documents attesting that the person has not left the territory for more than 6 months. Until the end of 2022, checks were carried out by the DGFiP branches located in each overseas territory allowing you to benefit from the ITR. Since then, the moving and centralizing these controls in the center of Rennes-Fougères raises new issues which require an adaptation of the instruction and control methods initially planned. Thus, in New Caledonia, several retirees benefiting from the ITR cannot travel outside the territory, due to their state of health or a disability situation. An observation common to all communities concerned. However, some were deprived of their compensation following a delay in transmitting the requested supporting documents. The MP notably reported to the Minister the case of an 85-year-old Caledonian suffering from brittle bone disease who had not left the territory for more than 20 years. He was recently deprived of his compensation because he had not submitted his electricity bills on time for the year. Other residents are also victims of the digital divide and the disappearance of the local counter, which makes it difficult to transmit said supporting documents and dialogue with a referent. Without calling into question the need for checks, the MP recommends adapting the procedure in order to take into account particular situations where, taking into account their state of health or a situation of serious disability, certified by a medical certificate, the hypothesis of a trip outside their territory of residence is impossible, thereby making the need for a check unnecessary. He therefore asks him if he intends to modify the aforementioned instruction, in order to allow controls guaranteeing better consideration of particular circumstances which could be identified upstream.
Question· Question écrite11436answered
France · National Assembly · 19 September 2023
Mr. Philippe Dunoyer alerts the Minister Delegate to the Minister of the Economy, Finance and Industrial and Digital Sovereignty, responsible for public accounts, about the difficulties encountered by civil service residents in New Caledonia. Since January 1, 2023, the processing of temporary retirement compensation (ITR) files, until then investigated by the public finance department of the New Caledonia, was centralized in the center of Rennes-Fougères. This change was accompanied by systematized controls. If Decree No. 2009-114 of January 30, 2009 provided for the possibility of controls, the automaticity of the latter was not really specified and consequently causes difficulties. Firstly, the postal addresses of residents are not always up to date, or even sufficiently precise, considering taking into account the specificities of the territory. Therefore, some beneficiaries were simply not informed of these checks. They therefore did not respond to requests from the administration. Then, some do not have access to the means of communication necessary to send these documents online. Unfortunately, not all Caledonians yet have a computer or an internet connection. In addition, many residents face a digital divide. Indeed, the procedures are not always simple and accessible for those who are not used to using a computer or have knowledge of the subtleties and terms specific to digital technology. Many residents, although entirely legitimate to benefit from ITR, were suddenly deprived of it. To avoid these inconveniences, maintaining an “ITR referent” at the DFIP of New Caledonia – the transition time to this new system - is essential. It could provide support for those most in difficulty. He therefore asks him what he plans to do to alleviate this situation and provide fair support to ITR beneficiaries who find themselves deprived of it.
Question· Question écrite11435answered
France · National Assembly · 19 September 2023
Mr. Philippe Dunoyer alerts the Minister of Health and Prevention to the worrying situation of the debts of the Wallis and Futuna Health Agency (ADS) towards the Médipôle of Nouméa. It is agreed by an agreement with the State that in the event of medical evacuation from Wallis-et-Futuna to Nouméa, the costs of care will initially be covered by the Médipôle. They are reimbursed retrospectively by the ADS financed by the State. This This situation continued correctly until 2022. However, the end of 2022 was marked by a non-repayment of ADS debts to Médipôle. The ADS clearly did not have the financial means to honor its commitments and accumulated 1.3 million euros in debt to the Médipôle in January 2023. The situation is deteriorating significantly, since this debt rose to 2.6 million euros in July 2023. It doubled in the space of 6 months. The already difficult situation of the Médipôle, faced with significant operating costs and a fragile local economic context, does not allow it to cover - in addition - the expenses normally managed by the ADS. An increase in the latter's budget must be seriously considered so that these expenses no longer generate additional costs for the already fragile New Caledonian health system. He therefore wishes know what action it plans to take to regularize the financial situation and ensure the sustainability of the health system in the Pacific territories.
Question· Question écrite3378answered
France · National Assembly · 22 November 2022
Mr. Philippe Dunoyer alerts the Minister of Health and Prevention to the impossibility of developing medical research involving humans in New Caledonia, due to the delay in extending the national texts governing this research. The MP reminds the Minister that, by virtue of its jurisdiction in New Caledonia in terms of guarantees of public freedoms, criminal law and research, the State has, by Article 4 of Ordinance No. 2008-1339 of December 18, 2008 relating to the extension and adaptation in New Caledonia, French Polynesia and Wallis and Futuna of provisions relating to the protection of people's rights in matters of health, carried out an update of Article L. 1541-4 of the Public Health Code, in particular in order to extend to the New Caledonia and French Polynesia certain provisions of this code and in particular those resulting from the laws of August 6, 2004 relating to bioethics, of August 9, 2004 relating to public health policy, of August 13, 2004 relating to health insurance and of April 22, 2005 relating to the rights of patients and the end of life. However, this article L. 1541-4 has been modified very little since then, so that the legislation applicable locally in matters of research involving humans is closer to the national legislation of 2008 than the national legislation currently in force. On the other hand, these legislative provisions need to be specified by decree, which has never been done in terms of research involving humans, so that it is, for example, impossible to develop a research protocol involving humans, or even to submit a research project for analysis by a committee of protection of people. He asks him if he will adopt the necessary corrective measures so that article L. 1541-4 of the public health code is updated and the national regulatory provisions applicable to research involving humans are extended to New Caledonia.
Question· Question écrite3005answered
France · National Assembly · 8 November 2022
Mr. Philippe Dunoyer alerts the Minister of the Economy, Finance and Industrial and Digital Sovereignty to the extension, to the overseas communities of the Pacific, of the most recent provisions of the monetary and financial code. Indeed, it recalls that Law No. 2022-1158 of August 16, 2022 relating to emergency measures for the protection of purchasing power made it possible to oblige banking establishments to compensate consumer victims. of fraud, when they fail to fulfill their legal obligation to reimburse said consumers without delay, as well as to better comply with the legal provision providing that the same payment transaction at the origin of a banking incident, presented several times, constitutes only one single banking incident and can therefore only be billed once. He asks him to carry out an update in this sense of the various tables of the monetary and financial code listing the provisions of this code applicable to New Caledonia, French Polynesia and Wallis and Futuna and in particular the tables appearing in articles L. 732-3, L. 733-3 and L. 734-3.
Question· Question écrite537answered
France · National Assembly · 2 August 2022
Mr. Philippe Dunoyer draws the attention of the Minister of Culture to the situation of cinema operators in overseas territories, who could see the economic model on which they are based completely called into question by the unilateral decision of the national rights-holding and distributing companies to align the film rental rate practiced in overseas territories with that of mainland France. This rate, calculated in percentage of revenues, is 47% in mainland France and 35% overseas. He specifies that this distinction is explained by a different economic model due to an additional cost in terms of investment made necessary in particular to deal with the climatic hazards to which these territories are exposed as well as additional operating expenses to deal in particular with security problems. However, for two years, the National rights-holding companies wish - in order to increase their income - for the rate applied in overseas territories to be the same as that in mainland France, despite a 2018 finance inspection report which attests to the need to cap this rate at 35% for overseas cinemas. He recalls that the decision to increase the rate practiced in overseas territories would inevitably have consequences on the profitability of cinemas, which would see their economic fragilities increase in a period already marked by a significant increase in inflation. This decision would result in an increase in ticket prices which would increase the risk of diversion from cinemas to the benefit of digital platforms. He would therefore like to know what measures the Government plans to take in order to maintain the rental rate for films currently practiced overseas.
Question· Question écrite32075open
France · National Assembly · 8 August 2020
Mr. Philippe Dunoyer draws the attention of the Minister of Transformation and the Public Service to the priority of assignment of civil servants from New Caledonia. He recalls that the law of April 20, 2016 relating to ethics and the rights and obligations of civil servants, the law of February 28, 2017 on programming relating to real equality overseas and laying down other provisions in social and economic matters, then the interministerial circular of March 10, 2017 noted the consideration of the “center of material and moral interests” in transfer requests requested by overseas civil servants. More recently, in New Caledonia, the State committed, during the 17th committee of signatories, to continuing the “Caledonization” of jobs in the national gendarmerie. However, the deputy notes that, despite these developments, Many civil service agents from New Caledonia continue to report their difficulties in obtaining priority assignment to their home territory. These agents who, after having worked for several years in France, wish, for obvious reasons of family reunification or financial, to be assigned to the archipelago, have their transfer request refused. For example, in administration penitentiary, a Caledonian employed at the East Camp in Nouméa for more than twenty-five years had to continue her missions in a penitentiary center in France, after having obtained her advancement in rank, even though the East Camp had an attaché position in its workforce. Another concrete case can be cited in the field of public finances: a Caledonian public finance administrative agent stationed in the region Parisian for three years and who obtained the external competition B for public finance controller in 2020 was refused a position of executive controller B to be filled in New Caledonia, even though he held the center of his material and moral interests there. These particular cases raise serious questions. The amplification of “Caledonization” is an absolute necessity, both in the interest of agents and to respond to glaring shortage of personnel from which the territory suffers. The presence on the ground of civil servants who know the local context perfectly can only be an asset for New Caledonia. He therefore wishes to know whether the Government intends to revise the criteria linked to transfer requests from civil servants originating from New Caledonia in order to make effective the principle of priority of assignment of civil servants to their territory of origin.
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