The letter explains that Benoy is part of the legislative branch as a Member of Parliament while also receiving compensation due to his function as president of the Environmental Observatory. Since the Observatory is a committee under the tutelage of the Ministry for the Environment, Climate and Sustainable Development, it is part of the executive branch, which is why the ADR argue that the separation of powers is put into question.
MP Benoy denies a conflict of interest, arguing that he has always advocated for environmental protection, even since before his time as an MP. Furthermore, he noted that he is not the first MP to preside the Environmental Observatory, referring to Camille Gira and Gérard Anzia. This is why he never questioned his position, explained the Greens politican. He further emphasised that over the past three years, he has always conducted his duties out of conviction.
He also underlined that as Observatory president, he is not a government employee: “I do not depend on the government, neither financially nor in any other capacity. I was nominated thanks to my expertise and I work with the committee independently from the government. The same applies to all the other members of the committee. I received two small compensations, €18.75 for the year 2020 and €131.25 for 2021.”
In response, ADR MP Fernand Kartheiser noted that he had not been aware of the exact financial compensation, and explained that it is more an issue of transparency for him. Nobody should be member of both the legislative and executive branches, regardless of circumstances.
The ADR argument is based on article 58 in the constitution, which states that an MP loses their seat once they accept a paid position for the government. MP Kartheiser acknowledged that the conflict of interest it a matter of interpretation, which is why he brought the issue to attention.
It is the right of every MP to raise an issue, ensure Chamber President Fernand Etgen, but he nevertheless criticised ADR’s method: “To launch an enquiry through an open letter is a political style that bears the risk of condemning an MP prematurely, which is why it is bad practice.”
The Chamber President further warned from over politicising such an issue, arguing that MPs should not attack each other at the cost of being productive. An alternative avenue would have been to hand the investigation over to the Consulting Committee for the Conduct of MPs.
Etgen will now analyse the ADR’s question and provide the Chamber bureau with an assessment.
Benoy’s mandate will run out at the end of the year and he already announced that he will step down after three years at the Environmental Observatory. He also confirmed that if the Chamber decides that there is in fact a conflict of interest, then he will resign immediately.
