Question· Question écrite32215open
France · National Assembly
Mrs. Frédérique Dumas draws the attention of the Minister of Labor, Employment and Integration to the way in which the D. group organizes itself in order to avoid paying profit-sharing or participation to its employees. The covid-19 crisis has cast a harsh light on the living and accommodation conditions of residents of a certain number of nursing homes. 10,457 people have died there since the start of the epidemic, according to figures from Government. In France, 7,436 accommodation establishments accommodate just over 605,000 dependent elderly people. These numbers are expected to increase exponentially in the future. The observation regarding the shortage of personnel is alarming. The arduousness of their activity, the lack of real recognition and the low remuneration can only contribute to amplifying this situation. The Government announced mid-January 2020 a global strategy to prevent loss of autonomy for the years 2020-2022, which should concern some 200,000 people. It is in this context that journalist and whistleblower Maxime Renahy carried out a very comprehensive investigation which helped to highlight practices that were extremely harmful to citizens and taxpayers. It turns out that the profitability of the sector (Ehpad and life insurance) is very strong and that hundreds of millions of euros are transferred to tax havens. The leading companies in the old age and dependency market are in fact organized into “nesting dolls”, very often domiciled in Luxembourg, Jersey or other tax havens and the flow of money then becomes untraceable. In this regard, a large group of nursing homes in France, D., transferred to less 105 million euros in Luxembourg between March 2017 and March 2019. Indeed, the majority shareholder is a British fund, which controls the Ehpad chain through a structure domiciled in Jersey, a territory renowned for its financial opacity and its advantageous taxation. Furthermore, D. seems to have put in place a system which would allow him not to pay the participation which would be due to his employees. Madam Deputy therefore wonders how the group would proceed in order to avoid paying profit-sharing or participation despite the significant profits made. At the local level, most establishments are organized as simplified stock companies (SAS) or limited liability companies (SARL). The group would consider each nursing home as an autonomous entity, knowing that the majority of its establishments have fewer than 50 employees. This would allow the group to avoid being recognized as an economic and social unit (UES), which would force it to pay a contribution to its 14,500 French employees. The autonomy of establishments at the local level and the isolation of employees in small structures also make difficult the prospect of joint legal action by workers, who nevertheless have arguments to put forward. Indeed, according to the group's 2017 accounts, the profits made by local entities flow back to headquarters. In addition, it also appears that the group's regional directors are paid by headquarters. It is therefore normal to wonder about the real or artificial nature of the autonomy of these establishments. She asks him to provide answers on all of these points.
Question· Question écrite40739open
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Minister for Europe and Foreign Affairs to the issue of forced organ harvesting practiced in the People's Republic of China. In 2018, the Minister responded to several written questions on this subject. Among the many answers he provided was this: "China made organ trafficking illegal in 2007 and officially ended organ harvesting from of prisoners executed in 2015. The reform has enabled positive progress. Today, the transplantation system is based on organ donations. The challenge for China now remains the full implementation of the law.” However, although China is a party to the Palermo Convention, numerous evidence has been provided of organ harvesting practices whose origin is not specified and for which no proof consent is provided. We are also witnessing the institutionalization of such practices against prisoners of conscience, Uighur and Kazakh Muslim minorities, Tibetans, Christians and even Falun Gong practitioners. In 2019, specialists Matthew P. Robertson, Raymond L. Hinde and Jacob Lavee published an article in the journal BMC Medical Ethics which concluded that "the only plausible explanation that it is possible to give to the elements studied by the authors is that official organ transplant data is falsified and systematically manipulated by China. Some apparently involuntary donors also appear to be misclassified as voluntary.” Also in 2019, the China Tribunal, an independent tribunal set up in London, analyzed all the existing evidence on this subject. He determined in its judgment “unanimously and beyond all reasonable doubt, that in China, forced organ harvesting from prisoners of conscience has been practiced for some time on a very large number of victims”. In January 2020, the Parliamentary Assembly of the Council of Europe adopted Resolution 2327, proposed in 2016, on organ transplant tourism. In this resolution, the Assembly recommends “that States parties exercise great caution regarding cooperation with the China Organ Transplant Response System and the Chinese Red Cross, in light of a recent study that casts doubt on the credibility of the reform of China's organ transplant system. On June 14, 2021, UN experts said they were “extremely alarmed” by reports report of “alleged organ harvesting” targeting minorities in detention in China. These experts stated that the information received was credible and described that detainees belonging to ethnic, linguistic and religious minorities could be forcibly subjected to blood tests and organ examinations such as ultrasounds and x-rays, without their informed consent and that the results of the examinations would be registered in a living organ source database that facilitates organ allocation. The experts also said that despite the gradual development of China's organ donation system, "reports continued to emerge of serious human rights violations in obtaining organs for transplantation in China." The list of evidence is therefore endless. In this context, she asks him to do of the fight against the practices of forced organ harvesting in the People's Republic of China an absolute priority. She asks him in this regard whether France, beyond the already existing mechanisms and the upcoming ratification of the Council of Europe Convention against trafficking in human organs, will put in place concrete actions in order to concretely fight against this scourge. So that the main principles of the Convention of Compostela are not just words and are translated into reality, she asks him if France will lift the reservations it made when signing the Compostela Convention and which partly empty the latter of its substance. She asks him to please respond to all of these points.
Question· Question écrite2034answered
France · National Assembly
Mrs. Frédérique Dumas draws the attention of the Minister of Solidarity and Health to the right to choose the end of life and to die with dignity. The law of February 2, 2016, known as the “Leonetti Claeys” law, authorizes deep and continuous sedation for end-of-life patients who present suffering that is refractory to treatment, until death. This is an important step forward, since it makes it possible to avoid what could become therapeutic relentlessness. In reality, it involves letting a person die of dehydration and malnutrition. A report published by The Economist ranks France twelfth out of 33 OECD countries, in which the end of life is considered dignified. Furthermore, according to the MAHO study (death in hospital), caregivers consider that only 35% of deaths take place in France under acceptable conditions. Madam Deputy chose to challenge the Minister in this regard in order to support the approach of this courageous and magnificent woman, writer, Anne Bert, victim of this incurable illness which leads to inevitable decline, Charcot's disease, and who had expressed the wish to see the evolution of the French law prohibiting euthanasia and assisted suicide. She left for Belgium on October 2, 2017 to achieve what, in France, is not still possible: to have the possibility, as was his wish, to die with dignity. Anne Bert wanted to challenge the political class on this issue which the MP is echoing today. Through it, all anonymous people, forced to renounce, endure or distance themselves from their loved ones, have the opportunity to express themselves. During the presidential campaign, almost 90% of French people said they favorable to the possibility of resorting to euthanasia, which remains the possibility of exercising a choice, that of being able to die with dignity. The days go by but if there is one thing that unites citizens, beyond their differences, it is the fact that everyone will have to face the end of life. It is therefore an essential and fundamental concern for the majority of citizens and human beings. So, she asks him if he will be possible to place this issue at the heart of the democratic debate during this mandate.
Question· Question écrite2201answered
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Minister of Culture after being alerted to the alarming situation at the Opéra Garnier performance hall. Indeed, many employees seem to be worried about the deterioration of this room, particularly its tapestry, and the closure of restoration workshops. In view of this closure, it seems that the Opéra Garnier is using external actors to carry out the work. Also, it wishes on the one hand to be informed of the progress of said restoration work, both in terms of their quality and their schedule and on the other hand to know if it is possible to carry out in complete transparency an “audit” of the restoration work undertaken.
Question· Question écrite41164open
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Keeper of the Seals, Minister of Justice, to the interest for the child, in the event of marital separation, of favoring parental presence time that is as balanced as possible. Indeed, the law of March 4, 2002 relating to parental authority brought alternate residence into the civil code. The preparatory work shows that the legislator's desire was to give priority to this method of residence. Thus, the report of the Law Commission of the National Assembly expresses the wish "that in the event of disagreement of the parents on the residence of the child, priority be given to the alternate custody formula" (report no. 3117 by Mr. Marc Dolez, submitted on June 7, 2001). However, almost 20 years after the passing of this law, only 12% of children of separated parents are in alternate residence according to INSEE, while this This figure reaches, for example, 40% in Belgium. This situation cannot be explained solely by pointing out the general disinterest of fathers, since, in the event of opposition from the mother, the request for alternate residence made by the father is only granted in 25% of cases. It therefore appears that the will of the French legislator in 2002 was not respected. A recent study published by Dalloz, carried out after a survey of judges (AJ Family, July 2021), confirms that while some family court judges are rather favorable to the principle of alternating residence, others are opposed to it, which fuels the legitimate fear of legal uncertainty among litigants. However, in a judgment rendered on July 1, 2021, the Paris Court of Appeal, overturning the order of first instance, has just ruled that “the establishment of a work-study residence can be entirely beneficial for the child by allowing him to develop real relationships with each of his parents and to continue to build himself in the most balanced way possible, by nourishing himself with the specific contributions transmitted by his father and his mother” (CA of Paris, pole 3 - room 3, July 1, 2021, n° 20/12170). This principle must also apply to same-sex couples under parental equality. A modification of French law would make it possible to unify case law and thus reduce the current legal uncertainty, contrary to the principle of equality before the law. Everyone has the right to be judged in the same way, regardless of their place of residence. This priority could result in the creation, as in Belgium, of a legal presumption regime, in the same way that it is presumed to be in the child's interest to maintain personal relationships with grandparents (art. 371-4 of the civil code). She therefore asks him what he intends to implement for shared parental time in the event of parental separation and for the promotion of alternating residence when possible.
Question· Question écrite35308open
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Minister of the Economy, Finance and Recovery to what could constitute serious dysfunctions in the application of the governance and management rules of the public group France Télévisions. At the origin of these dysfunctions is a service contract which was signed by the president of France Télévisions, with the company Air Production and a producer host, for the ordering of several programs over the 2017-2020 period. This contract was renewed in June 2020, the programs it concerns are still broadcast on the channels of the France Télévisions group. This multi-year order was concluded for an amount of nearly 100 million euros (33 million euros per year) without the commitment procedure normally applicable for this category of contracts being strictly respected. CONTRACT. Indeed, according to the company's statutes, "the board of directors adopts internal regulations intended to specify its mode of operation as well as that of the specialized committees that it establishes in compliance with the applicable legislative and regulatory provisions. The internal regulations determine in particular the commitments whose nature or amount justifies their being submitted to the council. of administration”. As such, “the commitments subcommittee is responsible for issuing an advisory opinion on program acquisitions, before signing contracts, as long as their amount exceeds certain thresholds set according to the nature of the programs, 15 million euros for sport, 10 million euros for stock and flow programs”. According to the information collected, it seems that the president did not respected this procedure, either by simply not requesting this committee, or by only presenting a tiny part of this contract and not its entirety, which would amount to a pure and simple deviation from the rules. Representatives in particular of the Ministry of the Economy and Finance, the budget department and the State Participation Agency did not notice this significant breach of public management rules or did not were informed by the manager of the company, nor the general economic and financial controller who should have alerted his superiors to this failure and not authorized the implementation of this contract, although it had been executed in recent years. Furthermore, in view of the elements which were brought to her attention, it appears from a clause in the contract that the president of France Télévisions would have expressly undertaken to consult its board of directors for its opinion, taking into account the amounts involved. This commitment would not have been followed up on. In addition to the very probable non-compliance with the procedures provided for by the company's statutes, it also seems that the contract in question would include provisions that do not comply with internal rules and would be contrary to the interests of the company. It would even deviate from the clauses it contains in its execution. So certain early evening shows would be ordered for very large amounts without a real concept, without justification of the production budgets allocated to their production and finally with minimum audience clauses. However, these “audience clauses” are imposed on all producers. These clauses provide in particular for a cessation of broadcasts if they are not reached. These practices constitute de facto leasing of antenna for the benefit of a single producer. However, the latter were banned in 1996 following abuses. Also included in this contract is the commitment to acquire fiction series and documentaries from the parent company of Air Production, the Banijay company, again without respecting the principle of calls for tenders which, at a minimum, should prevail while there is a national network of independent production to which France Télévisions is also imposing drastic budget reductions in the name of the savings requested from the public service by the shareholder, the State. Finally, to date, the annual accounts of the Air Production company are not available. Besides the fact of contracting with companies which do not meet these publication measures reveals a notorious lack of transparency incompatible with the governance of the public service, the Knowledge of this financial information would be useful in determining the amount of margins generated by such commercial relations with France Télévisions. Moreover, according to the admission of its directors in the press, the public group did not take care to carry out an audit of the accounts of the Air Production company during the execution of its contract. All of this information is so serious that a question has been raised asked the Minister in a public session at the National Assembly during the examination of the credits for the “Media, Books and Cultural Industries” mission and the financial assistance account “Advances to public broadcasting” on November 6, 2020. The Minister then replied: “I do not have the elements that would allow me to respond to you immediately. I undertake before the national representation to give you all the elements necessary”. This question was followed by a detailed letter. Like the entire profession which is going through a particularly difficult period linked to the health crisis, the MP remains awaiting a response as quickly as possible on certain elements of her question which remain purely factual and on what the Government intends to do to give itself the means to answer these questions more than legitimate. Viewers pay their fees, they too have the right to expect exemplary conduct from the public audiovisual companies which they finance. The State must be their guarantor in terms of control and transparency of the companies it has under its supervision. However, this was not the case and opacity continues to reign over the award of this contract to the Air Production companies as well as to its parent company Banijay, whose turnover volume with the France Télévisions group is growing strongly as noted by the CSA in its latest annual report. Remember that this production company has just welcomed the former general director responsible for the broadcasts of France Télévisions, barely two months after he left the public group, raising the question of possible interference of interests. These facts are of a extreme gravity. If they were definitively proven, they amount to poor management and break the principle of fairness which must govern relations between a public audiovisual group and independent production companies. She therefore asks him to initiate an investigation which could be carried out by the General Inspectorate of Finance as has been the case recently in other companies in the public audiovisual sector.
Question· Question écrite28587open
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Minister of Ecological and Inclusive Transition to the subject of taking into account ecological aspects in the upcoming economic recovery plan. With several deputies, she tabled an amendment aimed at reconciling the ecological emergency and the health emergency as part of the examination of the emergency bill to deal with the covid-19 epidemic, which was unfortunately rejected. She him therefore asks now whether the future economic recovery plan, which will be discussed when parliamentary work resumes in the hemicycle, will reconcile economic recovery and profound transformation of society so that the carbon budgets set in application of articles L. 222-1 A to E of the environmental code are respected. Furthermore, she asks him if the Government plans, through this economic recovery plan, to invest massively in sustainable transport infrastructure, clean energy, in the energy renovation of public and private buildings, in the clean treatment of waste but also in agriculture, with the aim of reducing society's negative externalities on the environment and gaining resilience in the face of current and future critical events linked to climate change. Finally, she asks him how the plan recovery will make it possible to restructure the French and European industrial and agricultural fabric in order to reduce the spread of value chains, to better regulate the methods of production and exchange of goods and services consumed, particularly with a view to reducing their environmental impacts, reducing socio-economic inequalities and moving towards a more resilient society.
Question· Question écrite29664open
France · National Assembly
Mrs. Frédérique Dumas draws the attention of the Minister of the Armed Forces concerning the consequences of the serious irregularities which occurred in the use of funds from the Nigerien Ministry of Defense. The field of honor does not exist, the French soldiers know it and their families too. In Ménaka, Mali, when a young soldier pays tribute to a fellow legionnaire fallen in combat, he wants to believe that the cause is just. That death is not not the simple consequence of an assumed risk. The anger of the military but also of civil society therefore invites us to question ourselves in the name of the republican fraternity. The very one that reminds us that elected officials and ministers alike have a duty of transparency to respect. The prosecutor of the Republic of Niger in Niamey reported 177 files “of which the conditions of award, execution and payment of some of them are likely to be criminalized” and opened an investigation. This would involve embezzlement of funds from the defense budget which occurred between 2016 and 2019. The sums incurred “for payments for services and deliveries not carried out or partially carried out and for over-invoicing” represent several hundred million euros. The Nigerien arms dealer is known to the French police services and his name emerges in the investigations concerning Alexandre Djouhri and Alexandre Benalla. However, this arms dealer turns out to be one of the main beneficiaries of the Nigerien defense budget. Furthermore, a partner in the company Image 7, a very influential French communications agency, has been present in the Nigerien government since 2018 as deputy chief of staff of President Mahamadou Issoufou in the same capacity as his son Assan Issoufou. So, she asks him: when did the General Directorate of External Security or the Directorate of Defense Intelligence and Security inform her of these irregularities? When did the Nigerien government purchase two Russian helicopters at grossly overpriced prices? Indeed, it is in this context that France lost two Tiger and Cougar helicopters in circumstances not elucidated in Mali. The black boxes of these devices were found the same day; does she plan to report on this incident? What is his position as Minister of the Armed Forces, responsible for the Barkhane force, with regard to the serious irregularities identified by the Prosecutor of the Republic of Niger in the use of the budget of the Nigerien Ministry of Defense? Indeed, the latter cause significant harm in firstly to the Nigeriens but also to France, to the French army and to the French who are making considerable efforts to this “war”, which the Chief of Staff of the Armed Forces, General François Lecointre has indicated will last for years. She asks him to please give her answers on this subject.
Question· Question écrite34237answered
France · National Assembly
Ms Frédérique Dumas questions the Minister for Europe and Foreign Affairs about France's refusal to respond to the joint appeal from the President of the ICRC and the Secretary General of the United Nations aimed at avoiding the use of explosive weapons with a wide impact radius in inhabited areas. On September 27, 2020, the conflict between Armenia and Azerbaijan over Nagorno-Karabakh resumed, putting the population there in serious danger. It ended with the tripartite agreement signed by the two protagonists and Russia on Monday, November 9, 2020. On both sides, towns and residential areas have become the target of bombings, despite the establishment of ceasefires and humanitarian truces supposed to protect civilians. This massive use of explosive weapons with a large impact radius (aerial bombs, rockets, artillery fire, etc.) in populated areas kills and injures indiscriminately. and indiscriminately against women, children and other civilians, while damaging civilian infrastructure that is vital to the survival of the population. The Nagorno-Karabakh conflict highlights this tragic and unacceptable situation that has existed for years in other regions of the world. In Yemen for example, a report from the Handicap international association dated May 2020 demonstrates that the long-term effects linked to the use of explosive weapons "are just as deadly as the explosion itself and affect even more people than those in the vicinity of the initial attack, as the destruction of infrastructure has consequences for the country's entire service system." Also, “the damage inflicted on infrastructure and services essential to food, transport, health and water supplies pose a danger to civilian populations and prolong suffering long after the bombing has ceased.” To cite just one example in this country, the destruction in 2015 of Hayden hospital in Sa'dah governorate - which was the only existing hospital within an 80 kilometer radius - deprived 200,000 people of access to vital care. Beyond the explosions, still according to the report of Handicap International, “contamination from unexploded ordnance will affect Yemen’s population for decades.” Also, this conflict and these bombings in the Nagorno-Karabakh region, as in Yemen, Syria, or even Iraq, illustrate a dramatic observation: when explosive weapons with a wide impact radius are used in populated areas, more than 90% of the victims are civilians. Even when directed against a military target, these weapons present a high risk of indiscriminate and disproportionate effects due to their sole use in populated areas. Injuries, mutilations and trauma, but also forced exile of populations, destruction and damage of vital infrastructure such as hospitals or schools, and contamination by explosive remnants of war: these practices destabilize populations and regions in the very long term. These indisputable facts, documented for years by the United Nations and the ICRC, have for several years challenged part of the international community, which has since mobilized to put an end to the use of explosive weapons with a wide impact radius in populated areas. While Mr. Emmanuel Macron was a candidate in the presidential election, he responded to a Handicap international survey on the subject of bombings in urban areas. To the question “will you actively engage France in the ongoing diplomatic process aimed at developing an international political declaration to protect civilians from the use of explosive weapons in populated areas? », Mr. Emmanuel Macron replied that he wanted “firm political commitments to avoid the use of explosive weapons in populated areas”. In October 2019 during the high-level conference organized in Vienna, France expressed for the first time, alongside 83 other States, its support for the principle of an international political declaration on the protection of civilians against the use of explosive weapons with a wide impact radius in populated areas. France's active involvement in the diplomatic process that followed is to be welcomed. However, and despite a desire to improve the framework already existing (chain of command, rule of engagement, targeting process, doctrine, dissemination of IHL to the armed forces), the Government still refuses to respond to the joint call launched by the President of the ICRC and the Secretary General of the United Nations in September 2019 aimed at “avoid using explosive weapons with a wide impact radius in inhabited areas”. France persists in reducing the problem to a question of “use indiscriminate” explosive weapons, while not wishing to “stigmatize” these same weapons. In this context, she asks him if France finally intends to respond to the joint appeal of the President of the ICRC and the Secretary General of the United Nations, taking into account the long-term consequences linked to the use of explosive weapons in populated areas in different theaters of operations, as further evidenced by the recent example of Nagorno-Karabakh, and thus respecting the promise made by Emmanuel Macron that there be “firm political commitments to avoid the use of explosive weapons in populated areas”.
Question· Question écrite34082open
France · National Assembly
Mrs. Frédérique Dumas draws the attention of the Minister of Culture to possible irregularities and lack of governance concerning the signing of a contract letter between France Télévisions and the company Air production. In a context of crisis, both health, economic, social and cultural, the Government has confirmed the maintenance of the trajectory of drastic reduction of public audiovisual resources decided in 2018. In this context it is even more essential to ensure fair treatment rules as well as to preserve the diversity of programs and the plurality of actors. The MP was also led to specifically question the Minister of Culture during the discussion of the second part of the finance bill for 2021, as part of the examination of the credits for the “culture” mission, the “media, books and cultural industries", as well as the financial assistance account "advances to public broadcasting", concerning the contract signed between France Télévisions and the company Air Production. On May 24, 2017, Ms. Delphine Ernotte, president of France Télévisions, personally signed a “confidential” letter to the company Air Productions owned by the host producer Nagui, thus securing her services with the company France for three years. Televisions, in return for an envelope of 100 million euros. It appears that the clauses of this agreement could be questionable and distorted in relation to usage. In any event, regardless of the provisions and the structure of this contract, it is expressly provided that commitments concerning stock and flow programs of an amount greater than 10 million euros must be subject to notice. advisory to the commitments subcommittee of the France Télévisions group. The commitments subcommittee was established by the internal regulations of the board of directors of France Télévisions. It is precisely indicated in this multi-year 2017-2020 contract signed between the company of producer-host Nagui and the president of France Télévisions that “all these commitments must be validated by the investment committee of television programs. France Télévisions and by the board of directors of France Télévisions for daily broadcasts. However, it appears that these procedures may not have been respected. Thus, several questions arise in light of this contract signing. Is it not up to the higher audiovisual council in its missions to provide itself with the means to verify whether the procedures planned within the public service have actually been implemented? respected? Can the Minister of Culture assure, as minister responsible for public broadcasting and, as such, guarantor of its good governance, that there is concrete evidence of the validation of this so-called confidential agreement by the program investment committee and by the company's board of directors, in particular through, for example, an agenda and a minute? A simple statement Can leaders without a written record be enough for a commitment of such significant amounts? Furthermore, the contract concluded in 2017 expired in June 2020, before the renewal of the president of France Télévisions, Ms. Delphine Ernotte, in August 2020, and before the departure of the general director responsible for on-air and programs, Mr. Takis Candilis. D'autre. Questions therefore appear necessary. Madam Minister of Culture does she know what exactly the new contract is? Does she know if it was only extended for a few months as was the case with the contracts of many stream producers or if it was renewed for three years like the previous one? If yes under what conditions? Through what procedure? Have the relevant management bodies of the company been consulted? Have they validated the terms of this contract as expected? through internal procedures? Does the Minister of Culture know who was in charge of its negotiation? Did the CSA fulfill its role of supervision and control? Does effective and concrete proof of this control exist? Finally, notwithstanding compliance with call for tender procedures for markets, is it normal for France Télévisions to be authorized to contract with production companies or any other company in business relations with group entities which do not publish their accounts annually? Has an independent and transparent audit of the accounts of the company Air production been carried out by FTV over the past three years and while this contract has obviously been extended and the programs are still on the air? Why was no request in this sense made by the CSA even though in its report on France Télévisions published in January 2020 it notes a very strong increase in the volume of production with the company Banijay, of which the company Air production is a subsidiary? Beyond the questions about this contract, other questions also arise in terms of governance and transparency concerning the managers of France Télévisions. In September 2016, Mr. Takis Candilis left Lagardère studio and was appointed general manager of Banijay studio, fiction production company subsidiary of Banijay group. In February 2018, Mr. Takis Candilis was appointed deputy general director for broadcasting and programs at France Télévisions. At the end of August 2020 he left France Télévisions. Barely two months later, he joined the Banijay group again to serve as fiction advisor. During the duration of his mandate, the Banijay group will also have absorbed the company Endemol to to become one of the world's largest program production groups. She therefore asks him to please answer the following questions. How can we justify that the general director of content of a public group can, a few weeks after his departure from this group, return to important functions in a company with which he had direct business relations before and during his mandate? The sharp increase in business volume of the Banijay group having already been noted between 2015 and 2018 by the CSA in its latest balance sheet report, in what proportion did it occur over the 2018-2020 period? Is it up to the CSA to analyze it and draw conclusions? Are there not rules or, at a minimum, ethical principles which would prevent situations of interference between a public interest and private interests of a nature to influence or appear to influence the independent, impartial and objective exercise of a function? Why does the general director of content, when he is one of the highest executives of the France Télévisions group, not have to satisfy the obligation to subscribe to a declaration of assets and interests with the HATVP? Could he retain mandates in other companies and, in this regard, was he subject to the obligation to sign a declaration on conflicts of interest, as the management of France Télévisions imposed on all employees of the company in January 2020? She asks him to please respond to all of these points.
Question· Question écrite30514open
France · National Assembly
Ms. Frédérique Dumas draws the attention of the Minister of the Interior to Decree No. 2020-487 published in the Official Journal of April 28, 2020 creating an automated processing of personal data called “weapons information system”. Decree signed by the Prime Minister and co-signed by himself, by the Minister of Justice, by the Minister of the Economy and Finance as well as by the Minister of Action and public accounts. The decree thus completes the work of transposing European Directive 2017/853 of the European Parliament and of the Council of May 17, 2017 amending Council Directive 91/477/EEC relating to the control of the acquisition and possession of weapons. But the decree goes much further than the European directive by authorizing by derogation, the collection, storage and processing of very sensitive data relating to: “1° To the political opinions, religious beliefs, union membership or health of the person who is the subject of this administrative investigation; 2° To the alleged racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual life or sexual orientation of a person other than that subject to the administrative investigation mentioned in V, provided that these data relate to a procedure in which the person subject to the administrative investigation is implicated. » The CNIL, in its deliberation no. 2020-001 of January 9, 2020 providing an opinion on a draft decree creating an automated processing of personal data called “weapons information system” (request for opinion no. 19017309) has certainly validated this draft decree but by raising concerns questions and formulating substantial reservations. Indeed, the Commission strongly regrets that the ministry did not intend to modify the regulatory acts governing the files queried and which fall within its competence, in order to explicitly mention that they can be the subject of a query by the “SIA” processing. The Commission questions the reasons which led the ministry to allow these agents to directly access the data recorded in the processing and not to make them recipients only of the data that is necessary for them, taking into account their missions, on the one hand, and the purposes pursued by the “SIA” processing, on the other hand. More precisely, concerning DGSE agents, the Commission takes note of the information transmitted by the ministry according to which these agents are intended to access data of the “SIA” processing in the context of the administrative investigations that they carry out, even though it has clarified that the carrying out of administrative investigations relating to the persons concerned by the “SIA” does not constitute a purpose in itself of the processing. In this context, she questions the possibility for DGSE agents to directly access the data recorded in it for the purposes of carrying out these investigations. By elsewhere, with regard to the direct access of DGSI agents to "SIA" processing data, if the Commission takes note of the elements provided by the ministry according to which it is of "major interest in assessing the profile of an individual", the acquisition of a weapon which can "reveal an attraction to violence or even indicate the implementation or acceleration of preparatory acts for an act", it also notes that the processing pursues an overall objective of traceability of firearms whose prism is not, according to the ministry, that of monitoring the individual. In view of these details, the Commission questions the possibility for DGSI agents to directly access the information recorded in the processing for the purposes of monitoring people, on the one hand, and for intelligence purposes, on the other. After the challenge by the Council constitutionality of article 3 of law no. 2019-290 of April 10, 2019 aimed at strengthening and guaranteeing the maintenance of public order during demonstrations, after the questioning by the Constitutional Council of article 13 of law no. 2020-546 of May 11, 2020 extending the state of health emergency and supplementing its provisions, after the questioning by the Constitutional Council on June 18, 2020 of the flagship measure of the law against hatred online giving digital giants quasi-police and judicial powers. which the majority hastened to adopt at the end of confinement, after the development of a new concept, that of “proven suspicions” leading to immediate sanctions, after therefore the systematic questioning of the role and place of the judge, thus sanctioned in a constant manner and finally after the adoption of a text at first reading in the Assembly national aiming to pass into ordinary law provisions appearing in the law on the state of health emergency, it is amid general indifference that decree no. 2020-487 could be developed, signed and published in the Official Journal. Finalizing the transposition of the European directive on the legal acquisition of weapons and arms control was necessary. In this regard it is also important to clarify, so that there is no there is no confusion, that this system does not in any way resolve the problem of the illegal possession of assault rifles and other automatic weapons of a military nature. A problem highlighted by recent events in Dijon and Nice, but also in all the attacks sponsored by Daesh. On the other hand, this decree, by establishing a possibility of exemption allowing the collection of very personal data sensitive, proposes a system that does not correspond to the objective pursued, the traceability of legally acquired firearms. No criminal, no would-be terrorist will legally acquire a weapon intended to commit a crime. The black market in weapons is sufficiently accessible and cheap to avoid the “SIA” system. The current context is, however, more than explosive. On the one hand, we cannot evoke universalism and the risks of “separatism” and on the other hand putting in place tools that can only give birth to what we fear. Thus, she asks him to what extent data as personal and sensitive as religious conviction, trade union membership, alleged racial or ethnic origin, life or sexual orientation, would be necessary for the constitution of the “SIA”. She finally asks him why and how such a device unrelated to the objective pursued could have been proposed through a decree, therefore a provision of a simple regulatory nature. She asks him if he is ready to call into question this simply unacceptable provision. She asks him to please respond to these points.
Question· Question écrite30526open
France · National Assembly
Mrs. Frédérique Dumas draws the attention of the Minister of the Economy and Finance to the judicial information aimed at possible facts of "concussion" linked to the granting and maintenance of a tax advantage for Société Générale. The general tax code provides that companies that are victims of fraud can deduct the losses caused from their taxable results. In the case between Jérôme Kerviel and Société Générale, this the latter was definitively convicted in criminal proceedings in November 2014. In September 2016, the Versailles Court of Appeal considered that breaches and serious deficiencies in the control exercised by Société Générale had given Jérôme Kerviel the possibility of carrying out acts which led the bank to record very significant losses. However, the general tax code and the case law of the Council of State pose in particular as an essential condition for tax deductibility of the loss that companies are not responsible for fraud, through control failures or obvious deficiencies. However, the banking commission specifically imposed a fine of 4 million euros on Société Générale for “serious deficiencies in the internal control system” of the bank in July 2008. In addition, the responsibility of Société Générale being committed, the bank could therefore not deduct the losses in question and therefore reduce the amount of its taxable profits. This is therefore the substantial sum of 2.2 billion euros to be reimbursed to French taxpayers, knowing that the "quantum of the loss attributed without any proof to Jérôme Kerviel has also never really been assessed" as David Koubbi, the lawyer for Anticor and Julien Bayou, points out. At the time, the Minister of Economy and Finance, Michel Sapin, therefore asked the tax administration for a review of the bank's situation, "in the interest of the Treasury and taxpayers", and asked the tax administration to instruct the recovery of Société Générale. This was done in November 2016. In November 2018, Société Générale concluded a series of agreements with the American authorities in order to resolve the dispute which opposed for having violated various embargoes. The bank then had to pay a total amount of around 1.2 billion euros. It was then the second largest fine imposed on a financial institution for this reason. In France, on the other hand, Société Générale has reduced its taxable income for corporate tax and consequently reduced its tax burden; however, no formal reimbursement has yet been made. has taken place to date and there is therefore significant damage for the French taxpayer to the tune of 2.2 billion euros. A judicial investigation targeting acts of “concussion” linked to the granting and maintenance of this advantage was opened by the Paris prosecutor's office several months ago, following a complaint against The 18th May 2020, the anti-corruption association Anticor became a civil party in the current investigation in order to give weight to this case. On May 19, 2020, Société Générale held its general meeting. Its president announced the hiring freeze, the optimization of expenses to transform the bank, additional savings of around 700 million euros for the year 2020. Over the first three months of 2020, Société Générale thus suffered a loss, group share, of 326 million euros. The bank reports losses of 120 million euros linked to two “exceptional” frauds. By counting frauds and “exceptional” fines every year, shareholder confidence has been eroded. On May 19, 2020, Société Générale capitalized barely 10 billion euros despite its 62 billion euros in equity. She doesn't have is the subject of no takeover bid, of no interest in a financial environment where predation is the rule. The deputies therefore learned from the press and without further details that a judicial investigation targeting acts of "concussion" linked to the granting of this tax credit of 2.2 billion euros was opened by the Paris prosecutor's office several months ago. So, she asks him how to explain the total lack of communication from the Company General and State on this subject. What is the status of the recovery proceedings? And in particular, have the adjustments notified to Société Générale been put into recovery? What will be the position of the tax administration in this control or dispute (the tax administration must apply the jurisprudence of the Council of State and contest in principle any tax deductibility in the event of an abnormal management act, being clearly demonstrated by the court decisions which have become final that the bank clearly contributed to the occurrence of its damage). If the key shareholders criticize the State for wanting to take advantage of the crisis and the low valuation of the bank, it could be proposed to issue share subscription warrants at more acceptable price levels. These bonds issued by Société Générale in favor of the State would allow the latter to convert the debt into equity in one or more times. If the share price rises to 17 euros, the dilution of historical shareholders is lower and the State exercises its conversion option for 1.2 billion euros and the balance may be subject to conversion beyond 20 euros. This very classic formula sends a signal of support to employees and the market. The State does not demand its debt and takes the bet of days best at converting your debt. Finally, if the bank carries out a spectacular recovery to the point of being able to pay the debt before the options expire, the State can agree to have its debt paid and not return to the capital. The flexibility of the solution allows the creditor State to reach an agreement whatever happens with the current shareholders. She therefore asks him why such solutions, such avenues, have not been proposed. On October 22, 2013, the Prime Minister, as a deputy, submitted a written question on this subject, and asked, alongside Thierry Solère, Benoist Apparu and Gérald Darmanin, from Pierre Moscovici, then Minister of the Economy and Finance, for explanations on the tax deduction obtained by the Société Générale and which according to them contradicted the jurisprudence of the Council of State. Why have no collections been made? concretely notified to Société Générale, and in particular since he became Prime Minister? Behind the financial communication intended for financial analysts, jobs are threatened and could make the payment of this amount impossible to achieve. Is the Ministry of Economy and Finance therefore incapable of managing this debt? If this is the case, why has the State represented in the capital by the Caisse des Dépôts not proposed the conversion of its debt of 2.2 billion euros into equity through a reserved capital increase? She asks him to please respond to these points.
Question· Question écrite32145open
France · National Assembly
Mme Frédérique Dumas attire l'attention de M. le ministre de l'économie, des finances et de la relance sur l'optimisation fiscale agressive pratiquée par des entreprises intervenant dans le secteur de la vieillesse et de la dépendance (Ehpad et assurances vie), sur l'opacité de la traçabilité de leurs investissements ainsi que sur les conséquences des investissements réalisés par des institutions publiques françaises aux cotés de fonds d'investissements étrangers sur la souveraineté nationale et le respect des engagements internationaux de la France. La crise du covid-19 a jeté une lumière crue sur les conditions de vie et d'hébergement des résidents d'un certain nombre d'Ehpad. En France, 7 436 établissements d'hébergement accueillent un peu plus de 605 000 personnes âgées dépendantes. Ces chiffres devraient augmenter de manière exponentielle dans le futur. Le constat concernant la pénurie de personnels est alarmant. La pénibilité de leur activité, l'absence de réelle reconnaissance et la faiblesse des rémunérations ne peuvent que contribuer à amplifier cette situation. Le Gouvernement a annoncé mi-janvier 2020 une stratégie globale en faveur de la prévention de la perte d'autonomie pour les années 2020-2022, qui devrait concerner quelque 200 000 personnes. C'est dans ce contexte que le journaliste et lanceur d'alerte Maxime Renahy a mené une enquête très complète qui a permis de mettre en lumière des pratiques extrêmement préjudiciables aux citoyens et aux contribuables. Il s'avère que la rentabilité du secteur (Ehpad et assurance-vie) est très forte et que ce sont bien des centaines de millions d'euros qui sont transférés vers des paradis fiscaux. Les entreprises leaders dans ce marché de la vieillesse et de la dépendance sont en effet organisées en « poupées gigognes », très souvent domiciliées au Luxembourg, à Jersey ou vers d'autres paradis fiscaux, et les flux d'argent deviennent alors intraçables. À cet égard, un important groupe d'Ehpad en France, D., a transféré au moins 105 millions d'euros au Luxembourg entre mars 2017 et mars 2019. En effet, l'actionnaire majoritaire de ce groupe est le fonds britannique I., qui contrôle la chaîne d'Ehpad au travers d'une structure domiciliée à Jersey, un territoire réputé pour son opacité financière et sa fiscalité avantageuse. Or la Caisse des dépôts et des consignations a apporté de facto une caution à ces montages en investissant dans le groupe avec le concours d'un fonds d'État émirati. Le fondateur de ce groupe est à la tête d'une fortune qui a dépassé en 2019 le milliard d'euros, selon les informations du magazine Challenges, qui le classe à la 95e place du palmarès des Français les plus riches. En France, D. est détenu par plusieurs holdings fonctionnant en cascade: H., est elle-même détenue par C., elle-même détenue par F., elle-même détenue par la société K., à la tête du groupe. Si K. est détenue à 33,86 % par S., la holding du fondateur, son actionnaire majoritaire, T., est une société luxembourgeoise. Ce troisième groupe d'Ehpad français est donc détenu majoritairement par une société basée au Luxembourg. Les 55 % des parts qu'elle détient dans K. représentent quelque 128 millions d'euros (128 645 601 d'euros). Par ailleurs, T. a prêté pour plus de 570 millions d'euros (570 615 978) à K.. La quasi-totalité de cette somme (569 672 437 euros) a pris la forme d'obligations convertibles. À ce titre, ce sont plus de 85 millions d'euros d'intérêts (34 607 692 du 2 mars 2017 au 31 mars 2018 et 51 186 196 du 1er avril 2018 au 31 mars 2019) ont été ainsi transférés du groupe d'Ehpad, K., vers la société T. au Luxembourg. En France, K., la société qui émet les obligations, déduit de son bénéfice les intérêts qu'elle verse aux obligataires T.. Mais ces obligataires sont vus de l'autre côté de la frontière comme des actionnaires, qui sont exonérés sur les dividendes qu'ils perçoivent. On a en quelque sorte non seulement une double non-imposition - c'est-à-dire que rien n'est imposé nulle part - mais en plus, en France, on déduit les intérêts du bénéfice imposable. Un schéma similaire permet de faire remonter de l'argent de K. à une autre filiale, la société luxembourgeoise U.: entre mars 2017 et mars 2019, plus de 20 millions d'euros (20 043 932) remontent depuis K., à un taux d'intérêt de 11 %. Ces emprunts ont finalement permis de transférer plus de 105 millions d'euros vers le Luxembourg en un peu moins de deux ans. Or, d'une part, les taux d'intérêt élevés sont interdits par les directives européennes et, d'autre part, dans la réalité, les taux des crédits aux entreprises atteignent aujourd'hui un niveau historiquement bas. Les ramifications de D. et de ses actionnaires ne s'arrêtent pas au Luxembourg: par l'intermédiaire de plusieurs sociétés luxembourgeoises appartenant au fonds britannique I., T. est in fine contrôlée par une structure basée à Jersey - la plus grande des îles anglo-normandes réputée pour sa fiscalité plus qu'avantageuse. À une problématique d'optimisation fiscale agressive s'ajoutent par ailleurs des atteintes graves à la souveraineté nationale. En effet, outre le fait d'avoir apporté de facto sa caution à de tels montages financiers en investissant dans D., la Caisse des dépôts et consignations l'a par ailleurs fait avec le concours d'un fonds d'État émirati qui a lui-même investi dans une société d'armement russe. Avec 33,86 %, la société S. est l'autre actionnaire significatif de K., tête-mère française du groupe. S. est contrôlée à 76 % par une société, elle-même détenue par une holding, elle-même détenue par une société qui appartient au fondateur de D.. En 2014, le Caisse des dépôts et consignations et le fonds souverain de l'émirat d'Abu Dhabi ont créé un fonds d'investissement commun, FEF Capital (Franco Emirati Fund Capital). Ce fonds a investi en 2017 dans la holding du fondateur du groupe, S., à hauteur de 100 millions d'euros. Le FEF Capital détient désormais 11 % du capital de la holding (ses titres sont valorisés à plus de 42 millions d'euros) et se retrouve donc actionnaire indirect de D.. Or la Caisse des dépôts et consignations est une institution publique, placée sous le contrôle direct du Parlement et censée investir à « long terme au service de l'intérêt général et du développement économique des territoires ». Le FEF Capital est doté de 300 millions d'euros. le partenariat doit permettre d'investir dans des sociétés françaises et de soutenir leur développement à l'international. En 2017, la gestion du FEF Capital est finalement transférée de la CDC International Capital (filiale de la CDC) à Bpifrance International Capital, une filiale de la banque publique d'investissement, dont le capital est détenu par la CDC et l'État. Il est très difficile d'obtenir des renseignements sur la manière précise par laquelle la CDC et le fonds émirati investissent dans D.. Les comptes de 2018 de la CDC International Capital n'ont par exemple pas été publiés. Dans les comptes 2018 de FEF Capital, il est par ailleurs précisé qu'il s'agit d'une SASU, une société par actions simplifiée unipersonnelle, qui ne peut donc avoir qu'un seul actionnaire. Or de multiples communiqués de presse indiquent bien que FEF Capital est détenu à la fois par Bpifrance International et le fonds émirati. En France, l'encours des contrats d'assurance-vie avoisine les 1 800 milliards d'euros - une somme près de 8 fois supérieure au budget de l'État en 2019. Un important groupe d'assurances français investit l'argent des épargnants, via un fonds contrôlé depuis Jersey, dans le même fonds émirati. Une partie des assurances-vie françaises finance ainsi le fonds souverain de l'émirat d'Abu Dhabi, lui-même investisseur du Softbank Vision Fund, un fonds d'investissement dédié aux nouvelles technologies qui a perdu 16 milliards d'euros pendant la crise du covid-19. En 2018, l'ancienne ministre de la santé Agnès Buzyn confirmait l'augmentation des aides publiques à destination des Ehpad: « Les moyens alloués aux Ehpad sont passés en dix ans de 5 à 10 milliards d'euros par an ». C'est donc ainsi que les impôts des Français financent indirectement des structures à l'opacité redoutable, implantées ou liées à des États connus pour leur opacité financière et leur fiscalité plus qu'avantageuse, réalisant des investissements sans contrôle. Cela alors que les besoins concernant le financement de la dépendance liée à la maladie et à la vieillesse sont devenus exponentiels. En 2017, la société française d'investissement privé A. a injecté 2,5 milliards de dollars dans le fonds émirati. A. a investi par le truchement du fonds B., qu'elle contrôle. Les fonds B. proviennent en partie de la société française M., qui a annoncé un investissement de 269 millions d'euros dans B., dont 33 % ont déjà été libérés. M. est l'une des filiales dans lesquelles le groupe d'assurances français précité investit l'argent des assurances-vie souscrites par les épargnants. Une partie des investissements de M. (filiale du groupe d'assurances), qui investit dans le fonds B., est contrôlée depuis Jersey. B., déclarée en Écosse, est en fait administrée à Jersey. Ces juridictions à la fiscalité séduisante ne sont pas uniquement utilisées pour échapper à l'imposition: elles permettent aussi d'anonymiser les transactions et les montages financiers. Ainsi, les comptes de B. ne sont pas disponibles. Impossible donc pour un épargnant d'obtenir des preuves des investissements réalisés ou d'accéder aux comptes des sociétés offshore dans lesquelles l'épargne est placée. Le groupe A. a déclaré appliquer des règles très strictes pour the whole of ses investissements et a exclu le fait de réaliser tout investissement dans l'armement de manière directe ou indirecte, c'est-à-dire aussi via des fonds qui investiraient dans l'armement. Pourtant, le groupe a par ailleurs admis qu'il est possible que le fonds émirati ait investi dans des hélicoptères en Russie ou dans le Vision Fund du japonais Softbank mais qu'il l'ignore. Baser une structure au Luxembourg ou à Jersey alors que l'activité essentielle est réalisée en France a des conséquences significatives pour les finances publiques. D. use de l'ingénierie financière qui consiste à édifier des sociétés-écrans, pour dégager une hyper-rentabilité tout en échappant à l'administration fiscale et aux règles comptables en vigueur en France. Dans la mesure où il est impossible d'obtenir de manière naturelle des informations essentielles comme la destination de l'argent des assurances-vie contractées en France ou de l'argent des contribuables lorsque les sommes transitent par des structures offshore et que la nature des contrôles réalisés par les différents intervenants sont déficients, Mme la députée demande à M. le ministre de bien vouloir lui apporter des réponses aux questions suivantes. Pourquoi l'État français, actionnaire indirect d'une chaîne d'Ehpad D., cautionne-t-il de fait qu'une partie des profits soit transférée au Luxembourg via les sociétés T. et U., contrôlées in fine par une structure du fonds I. domiciliée à Jersey, connu pour sa fiscalité avantageuse ou via des montages financiers comme le remboursement d'intérêts de dette à des taux prohibitifs et alors que la problématique de la vieillesse et de la dépendance vont peser de manière de plus en plus importante indiqué sur les finances publiques ? Pourquoi Bpifrance et la Caisse des dépôts et consignations, bras armés de l'État français, collaborent-ils à travers un fonds d'investissement commun, avec un fonds souverain d'Abu Dhabi qui achète de l'armement français mais aussi de l'armement russe, via Russian Helicopters, et ce, malgré l'embargo européen sur la Russie, donc au mépris des engagements internationaux ? Pourquoi l'Autorité de contrôle prudentiel et de résolution (ACPR), chargée de surveiller l'activité des banques et assurances en France n'est-elle pas en mesure, comme elle l'a fait savoir, de vérifier la solidité des investissements réalisés avec l'épargne des Français et de tracer les sommes transférés dans les paradis fiscaux via des sociétés offshore ? Elle lui demande de bien vouloir répondre sur ces points.
Question· Question écrite36212open
France · National Assembly · 1 September 2021
Ms. Frédérique Dumas draws the attention of the Minister of Solidarity and Health to the possibility of a global shortage of consumables used by laboratories, particularly in the context of screening, antibody research and sequencing processes linked to the covid-19 epidemic. As of January 9, 2021, we knew that the British variant represented 3% of contaminations, that the dynamics of its epidemic curve had begun and that its progression was inevitable. As of Monday, January 25, 2021, we knew that in Paris, the share of the variant had increased to nearly 15%, a week ahead of the modeling projections carried out at the beginning of January 2021. We also knew that the South African variant was already established at 1% of contamination. The Brazilian variant represents a threat linked to the porosity of the border between Guyana and Brazil and the different variants are set to mutate. This therefore makes molecular biology, in particular sequencing which makes it possible to identify the different variants, absolutely essential. However, we will probably have to face a global shortage of consumables used by laboratories. En France les remontées d'informations sont alarmantes. There is already tension over the supply of pipette tips (“cones”). ), in tubes and plates for molecular biology and, more generally, on small laboratory equipment, essential for carrying out PCR tests, determining serology or carrying out sequencing. Some laboratories and hospitals had no more stocks as of January 26, 2021, others only had ten days or a few weeks at best. Faced with this shortage, virology services are forced to to abandon the sequencing of the English variant which is now circulating at the level of the epidemiological curves as they had been modeled. This shortage actually affects all medical analysis laboratories as well as research teams forced to cease certain activities. The observation of an upcoming shortage of supplies is therefore there and the entire biological diagnosis will be affected. She him therefore asks whether despite its declarations dated January 26, 2021, according to which "for a year, surveys have been carried out in real time with all private and public laboratories to ensure that there are no shortages of consumables or reagents" and according to which "until now we have always held, there is no reason for this to change", if despite the objective and now documented elements on the subject, it was well able to affirm on January 26, 2021 that there was no tension, that there existed on that date and to date no decision from his ministry to prioritize a certain type of research, therefore to lead to slowing down others or stopping them, that there was indeed anticipation and control of the situation from that date. To be more precise, could the Government on this date and can it to date give guarantees to the fact that research in general will not be affected by the tensions that exist and particularly molecular biology, testing capacity, the search for antibodies and the search for variants and its mutants, and that, if there is prioritization, the whole of medical biology, including in areas other than the health crisis, will not be impacted either? Finally, did the Government anticipate before January 26, 2021 a reorientation of the French plastics sectors towards the production of this type of material, in order to counter the possibility of a global shortage and a shortage of stocks? She asks him to please respond to all of these points.
Question· Question écrite36111open
France · National Assembly · 1 September 2021
Ms. Frédérique Dumas draws the attention of the Minister of Solidarity and Health to the isolation and restraint measures practiced in psychiatry and to the need to strengthen controls over the latter, particularly with regard to minor patients. According to the report “The fundamental rights of minors in mental health establishments” published in 2017 by the General Controller of places of deprivation of liberty, a patient minor hospitalized in psychiatry has fewer rights and remedies than an adult hospitalized without their consent. According to the Technical Agency for Information on Hospitalization (ATIH), 18,257 minors were admitted to full psychiatric hospitalization for the year 2015, among which 197 were by decision of the State representative, 239 under a temporary placement order from the children's judge but also 42 at under article D. 388 of the code of criminal procedure (minors detained and admitted by decision of the prefect) and 5 under article 706-135 of the code of criminal procedure (after a decision of irresponsibility). In light of these statistics, we therefore note that hospitalizations of minors decided by a judicial judge constitute only 2% of the total hospitalizations of minors in psychiatry. 98% of complete hospitalizations of minors are currently decided by the holders of parental authority or by the director of the Child Welfare establishment in the case where the minor is placed in a home or foster family (Children's Social Welfare services). These hospitalizations of minors fall into the “free care” category of the public health code. However, according to the General Controller of places of deprivation of liberty, “the notion of free care, theoretically linked to that of free consent, is particularly delicate in psychiatry; it is not guaranteed by any document, materialized by any signature of the patient. With regard to minors, the decision to hospitalize belongs in the first place to the holders of parental authority or to the guardian; according to the public health code, it can also intervene at the request of the director of the establishment or department to which the minor has been judicially entrusted. In these hypotheses, which are all assimilated to free care, the decision does not belong to the minor even though the law requires obtaining his opinion. Still according to the General Controller of places of deprivation of liberty, "on minors, hospitalization can be completely imposed by a third party - their parents, or even the director of the establishment which welcomes them - without them benefiting from the guarantees recognized for adults in a comparable situation: it is not necessary to justify that they have mental disorders making their consent impossible; his mental state is not required to require immediate care accompanied by constant medical monitoring; it is not required that the request be accompanied by two detailed medical certificates dating from less than fifteen days, one of which comes from a doctor not practicing in the host establishment. And yet, this type of hospitalization, which is free only in name, is not subject to the control of the judge. Everything happens as if these “third parties” were presumed to act in the interests of the child, the doctor of the receiving establishment being the best guarantor.” In 2017, the Controller published 23 recommendations to reform the current law and strengthen the rights of minors in psychiatry, particularly in proposing the repeal of paragraph 2 of article R. 1112-34 of the public health code so as to eliminate the possibility of internment of a minor at the request of a director of a child welfare establishment; for the case of minors hospitalized at the request of their legal representatives, by allowing them to refer the matter to the departmental psychiatric care commission, and when they contest the need for hospitalization, by allowing them to refer the matter to the judge of freedoms and detention. This is why in France, more than 18,000 children and adolescents are placed in psychiatry. They are not informed of their rights and have no possibility of contesting psychiatric hospitalization before the courts, as is always the case for adults hospitalized under duress. A minor must be able to express himself and give his opinion on his hospitalization and having recourse means, being reminded that improper hospitalization with drug treatment can lead to serious deleterious effects. She therefore asks him what measures he intends to take to strengthen the rights of minors hospitalized in psychiatry and implement the recommendations of the General Controller of places of deprivation of liberty.
Question· Question écrite28127open
France · National Assembly · 3 July 2020
Ms. Frédérique Dumas draws the attention of the Minister of the Economy and Finance to Ordinance No. 2020-319 of March 25, 2020, relating to public contracts. Ordinance No. 2020-319 of March 25, 2020 contains various measures to adapt the rules of contracts subject to the public procurement code and public contracts which do not fall under it during the health crisis born from the covid-19 epidemic. It provides in particular in its article 6.6° a compensation for concessionaires, intended to compensate for additional costs not provided for in the initial contract, mainly linked to health protection measures to be implemented on site or on site in the context of the current crisis. The order here applies the principle of unforeseeability. However, if the order applies this principle of unpredictability to concessions, it does not mention it for public contracts. The latter require yet the implementation of health protection measures, as for concessions, and therefore entail the same unforeseen costs for the market holder. On site or on site, these measures will represent a significant cost and will add to the financial difficulties that companies are experiencing, thus potentially compromising the smooth continuation of operations. Also, she asks him what measures he intends to take to ensure compensation for expenses linked to health protection measures in the context of public procurement, this provision not currently being provided for in the framework of Ordinance No. 2020-319 of March 25, 2020.
Question· Question écrite30057answered
France · National Assembly · 5 February 2020
Mrs. Frédérique Dumas draws the attention of the Minister of the Armed Forces concerning the consequences of the serious irregularities which occurred in the use of funds from the Nigerien Ministry of Defense. The field of honor does not exist, the French soldiers know it and their families too. In Ménaka, Mali, when a young soldier pays tribute to a fellow legionnaire fallen in combat, he wants to believe that the cause is just, that the death is not not the simple consequence of an assumed risk. The anger of the military but also of civil society therefore invites us to question ourselves in the name of the republican fraternity, the very one which reminds us that elected officials like ministers have a duty of transparency to respect. The prosecutor of the Republic of Niger in Niamey reported 177 files “of which the conditions of award, execution and payment of some of them are likely to be criminalized” and opened an investigation. This would involve embezzlement of funds from the defense budget which occurred between 2016 and 2019. The sums incurred “for payments for services and deliveries not carried out or partially carried out and for over-invoicing” represent several hundred million euros. The Nigerien arms dealer is known to the French police services and his name emerges in the investigations concerning Alexandre Djouhri and Alexandre Benalla. However, this arms dealer turns out to be one of the main beneficiaries of the Nigerien defense budget. So, she asks him when did the General Directorate of External Security or the Directorate of Intelligence and Defense Security inform her of these irregularities? When did the Nigerien government purchase two helicopters Russians at vastly overcharged prices? Indeed, it is in this context that France lost two Tiger and Cougar helicopters in unclear circumstances in Mali. The black boxes of these devices were found the same day; does she plan to report on this incident? What is his position as Minister of the Armed Forces, responsible for the Barkhane force, with regard to the serious irregularities identified by the Prosecutor of the Republic of Niger in the use of the budget of the Nigerien Ministry of Defense? Indeed, the latter cause significant harm firstly to the Nigeriens but also to France, the French army and the French who are making considerable efforts to this “war”, which the Chief of Staff of the Armed Forces, General François Lecointre, has indicated will last for years. She asks him to please provide him with answers on this subject.
Question· Question écrite30099open
France · National Assembly · 5 February 2020
Ms. Frédérique Dumas draws the attention of the Minister of the Interior to the strong possibility that a French company listed on the stock exchange, specializing in particular in the storage of petroleum and chemical products, could have a link with the financing of the Organization of the Islamic State - Daesh. In 2011, part of the Syrian population revolted against the Damascus regime and the country descended into civil war. At the time, France supports the revolt and the Free Syrian Army (FSA) founded in July 2011. But the FSA is gradually being supplanted in several regions by Sunni or Salafist Islamist groups, such as Ahrar al-Sham or Jaych al-Islam, or by Salafist jihadist groups, such as the al-Nusra Front, recognized in 2013 as the Syrian branch of al-Qaeda. The conflict turns into a confrontation between Sunnis and Shiites. Said French company is at the same time making significant investments to develop the infrastructure of the oil terminal at the port of Ceyhan in Turkey and thus becoming, in its own words, “the largest independent oil products terminal in the Mediterranean”. In 2014 the al-Nusra Front entered into conflict against all the other belligerents, seized almost half of Syria, as well as a third of Iraq, and proclaimed the restoration of caliphate. That same year, this French company indicated in its reference document a sharp increase in oil volume from Iraq. Extract from the 2014 DDR: “The financial year was marked by a sharp increase (108%) in the activity of the Ceyhan terminal on flows from the autonomous region of Kurdistan (Iraq). In 2014, the increase in road transit of refined products and crude oil required the construction of a new bus station. At the same time, through resolution 2199 of February 2015, the Security Council strongly condemns any participation in direct or indirect trade, in particular in oil and petroleum products with the Organization of the Islamic State - Daesh. As for European regulations, the marketing of Syrian oil is prohibited under Article 6 of Council Regulation (EU) 36/2012. January 18, 2012. The French company still has significant and thriving activities in 2015. On February 1, 2016, the Russian government informs the Security Council of Turkey's possible involvement in the transportation and sale of oil. The information is officially completed by the global coalition which brings together 82 countries including France. It is then clear that in 2014 and 2015 the revenues from Kurdish and Syrian oil which transited through Ceyhan allowed the Islamic State Organization to establish its caliphate. However, no voluntary declaration has been received by Tracfin concerning the activities of this French company. No mention of this company appears in the report of the parliamentary mission on the resources of Daesh recorded on July 13, 2016. On May 25, 2020, this company raised 410 million euros. This is the first broadcast European high-yield bonds by a first-time issuer since the start of the health crisis. So, she asks him: why and how was the parliamentary mission kept away from the activities of this company? The Ministry of the Interior is aware of this file, would it like to forward it to the financial prosecutor to initiate a preliminary investigation? She asks him to please give her answers to this subject.
Question· Question écrite10029open
France · National Assembly · 6 March 2018
Mrs. Frédérique Dumas draws the attention of the Minister of Culture to the absence of renewal of the position of director of the interministerial service of archives of France (SIAF). Indeed, since January 2018, the date on which Mr. Hervé Lemoine left office, this position has been vacant. No new director or interim manager has been appointed since. From then on, the SIAF finds itself without direction, which can only harm its role of “advice, incentive, regulation, evaluation and control with regard to the collection, sorting, classification, description, conservation and communication of public archives”. Also, she asks him if it is planned that a new director of the interministerial service of the Archives of France will be appointed soon.
Question· Question écrite10241answered
France · National Assembly · 6 March 2018
Ms. Frédérique Dumas draws the attention of the Minister of Solidarity and Health to the growing precariousness of the authors of the book. In line with her question asked to the Government, dated May 23, 2018, the MP recalls that the authors have had to assume a continuous increase in their social charges since 2012 with the establishment of a contribution for professional training, an increase in the contribution basic pension, and the reform of supplementary pension. Added to this is the uncompensated increase in the CSG on January 1, 2018, the implementation on January 1, 2019 of a basic pension deduction for all liable authors, the switch to ACOSS of recoveries made until then by AGESSA, tax withholding at source and soon reforms to professional training and pensions. All these Reforms are essential but they do not take into account, to date, the specificity of the author's profession. Regarding the CSG, a decree published on May 15, 2018 provides for a compensation fund on cultural credits for 2018 but we already know that this system will exclude 190,000 artist authors (including 85,000 book authors) and that moreover, for the future, no lasting solution has been found to date. A mission was jointly entrusted to IGAC and IGAS in order to find concrete solutions by the end of June 2018. What are the results? Regarding retirement, what is the real capacity of Acoss to keep the planned schedule by taking into account all the technical issues and the specificities specific to the population of artist authors? What about, in particular, retired people who have not opened up pension rights, the terms of automatic reimbursement of contributions recovered beyond the ceiling, the possible co-existence of a call for contributions and a retirement withholding tax in 2019, the possibility of spreading contributions over several years in the case of an exceptionally high income one year? What about the future of Agessa? What about also the unconditional opening to all authors of a remuneration in copyright for their related activities or the impact of the bill on the freedom to choose one's professional future? In other words, what political commitments will be made and what concrete measures will be adopted to maintain a specific regime for authors within the framework of current reforms and the pension reform planned by the UNHCR, to ensure that the rights promised, in return for the effective contributions paid by the authors, are real rights, and finally that the transformation of the regime lands equitably for all authors? Can we be assured that all of these rights will be effective on January 1, 2019? If this date could not be respected, she asked if the Government could postpone the date of implementation of these measures.
Question· Question écrite3847answered
France · National Assembly · 11 December 2017
Mme Frédérique Dumas attire l'attention de Mme la ministre, auprès du ministre d'État, ministre de la transition écologique et solidaire, chargée des transports, sur les conséquences de la chute du prix des licences de taxis. L'arrivée des plateformes de réservation de VTC a eu un fort impact sur le marché des licences de taxis, faisant passer le prix de la plaque de 230 000 euros en 2012 à un peu moins de 125 000 euros en 2017, soit une baisse de 45 % du prix. La chute du prix de la licence dépeint une situation parfois dramatique pour des chauffeurs qui se sont surendettés lorsque les prix étaient au plus haut, et qui aujourd'hui ne peuvent plus miser sur sa revente pour assurer leur désendettement ou leur retraite. Avec l'arrivée de près de 40 000 nouveaux chauffeurs à Paris depuis 2012, l'activité ne permettrait désormais plus de tirer un revenu décent, de surcroît lorsque des chauffeurs indépendants doivent déduire de leur revenu le coût de la protection sociale, qui pour un indépendant représente quasiment 30 % du revenu. Aussi, elle lui demande si le fonds d'indemnisation évoqué lors de la précédente mandature, dont le principal enjeu serait le rachat desdites licences dont le prix à fortement chuté, est de nouveau envisagé, et si cela est le cas, dans quels délais et selon quelles modalités.
Question· Question écrite2656answered
France · National Assembly · 10 July 2017
Ms. Frédérique Dumas draws the attention of the Minister of National Education to the Orchestra at School initiative which allows all students in the same primary or secondary school class to come together around a common project: the creation by a class of an orchestra which will grow, evolve and flourish for three years. Today, more than 1,200 orchestra classes operate throughout the country, involving 32,000 children in 93 departments. This initiative contributes to artistic practice, cultural openness, the social inclusion of young people, the fight against academic failure and the strengthening of territorial cohesion. Indeed, through instrumental practice, children gradually acquire rigor and discipline. The progress they make gives them self-confidence and this has an impact on their academic results. THE orchestra classes penetrate territories victims of the cultural divide. The operation of school orchestras, excluding the purchase of instrumental equipment, is ensured by local authorities. The cost varies depending on the number of children involved, and the number and status of teachers. On average, this is 8,000 euros per year, or a budget of 24,000 euros for three years. In order to develop this initiative, The Orchestra at School association has signed a framework agreement with the Ministry of National Education, the Ministry of Culture, as well as the Ministry of Territorial Cohesion. Although today this initiative is developing thanks to funding from communities and private actors, this association receives almost no state aid. In view of the funding received from other associations which contribute to the development of artistic and cultural education, she asks him if this agreement signed with the three ministries could lead to a sustainable source of funding.
Question· Question écrite414answered
France · National Assembly · 7 January 2017
Mrs Frédérique Dumas draws the attention of the Minister for Europe and Foreign Affairs to the current situation in Venezuela. Indeed, for several months the Venezuelan presidential regime has concentrated all powers (executive, legislative, judicial, as well as military). Parallel to this rupture of constitutional order, the violence against demonstrators continues to increase, as does the censorship of the media which report these facts. Thus, she asks him what diplomatic means he wishes to implement in the face of President Nicolas Maduro's refusal to separate powers and therefore the lack of democracy which currently applies to Venezuela.