Representative compensation for mandate costs – Wikipedia

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L’ Representative compensation for mandate costs ( IRFM ) was a compensation affected by each deputy and each senator in France to cover their representation costs. It was part of the remuneration of institutional actors.

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Long uncontrolled, she is often diverted from her mind, allowing certain elected officials to enrich themselves personally (by buying real estate, in particular) or paying political party fees. Between 2015 and 2017, following revelations in the media, its use is more supervised.

Since , the IRFM is replaced by the advance of mandate costs (AFM), in the amount of 5 600 euros gross approximately. Since then, each expense has been subject to proof, which may be controlled randomly, in accordance with the provisions of the office order n O 12/xv you [ first ] , with the exception of a sum, often qualified as “Caisse Noire” , of 600 euros per month for deputies (900 for senators) who cannot be controlled [ 2 ] .

The compensation representative of mandate costs is a parliamentary indemnity in France to cover their representation costs.

In 2002, an amendment voted in the Senate prohibited the control by the tax administration of the use of the IRFM [Ref. necessary] .

IRFM is not subject to income tax, but is to social security contributions that are the CSG and the CRDS.

Until 2017 included, it is not subject to any control, is not taxable and can be used to cover any type of expenditure: clothing, catering, real estate purchase, trip, etc.

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Since 2017, the IRFM has been replaced by the advance of mandate costs (AFM), the use of which can be checked (proof on invoice or credit card ticket).

The difficulties in reforming the IRFM can be explained by the fact that there is a conflict of interest, the system is decided and managed by the parliamentarians themselves.

In the Senate [ modifier | Modifier and code ]

In 2016, Gérard Larcher announced [ 3 ] the alignment of practices for the allocation of the compensation representative of mandate costs (IRFM) [ 4 ] On those of the Assembly with the obligation to create a bank account intended for its use, the development of a benchmark for the use of this compensation in connection with the Senate Ethics Committee [ 5 ] , and the ban on the use of IRFM for the acquisition of all property.

In the National Assembly [ modifier | Modifier and code ]

In 2009, the deputy for the new Charles de Courson center proposed, during a budgetary discussion, that the Court of Auditors could verify, “on a random sample, if it is made good” of the IRFM [ 6 ] .

In 2012, the same UDI deputy filed an amendment recommending that the IRFM be checked and that the share not used for professional purposes by deputies be made taxable. This amendment was not adopted [ 7 ] .

The laws for confidence in political life remove the IRFM from 2018. Parliamentarians will be hit by the form of direct management, a reimbursement on presentation of supporting documents or the payment of an advance by the ‘Assembly of which they are members, within the limit of the ceilings determined by the office [ 8 ] .

In , the office of the National Assembly decides to supervise the IRFM – the amount of which is 5,373 € € – from By imposing accounting with supporting documents from their IRFM by deputies, only a fraction of 600 € € (about 10%) of the sums being exempt from supporting documents for cash payments. A list of eligible expenses is set (permanence rentals, communication, transport, etc.) as well as unauthorized expenses, namely ( “Any funding, direct or indirect, of a political party; The purchase of a property or the rental of real estate including the deputy, his spouse, his ascendants or descendants are owners; Any expenditure deducted from taxable income, also declared in terms of income tax ” ). The services of the ethics must proceed to control the situation annually of 120 deputies [ 9 ] .

While the IRFM is supposed to cover the representation costs, it is legally used for other purposes:

  • Personal enrichment [ ten ]
  • Many deputies have been used to repay the loan to acquire their permanence premises, accommodation in Paris or in their constituency. This is the case for example of Jean-Marie Le Guen, Jean-Pierre Decool or Jean-Christophe Lagarde. Several press articles assure that this is also the case of the candidate for the presidential election Jean-Luc Mélenchon, with his permanence of Massy [ 11 ] , [ twelfth ] , what the latter formally denies [ 13 ] . Some, once the debt has been acquitted, are rented in themselves the accommodation; MP Georges Ginesta even used the IRFM to buy a villa with swimming pool which he did not use as a deputy [ 14 ] .

The HATVP highlighted in a 2016 report that this compensation was diverted for personal enrichment purposes, because used for personal sicavs, for holidays or simply fired in a personal account [ 15 ] .

In 2017, France Info reveals that several deputies (including Nathalie Kosciusko-Morizet, François Sauvadet, Patricia Adam, Geneviève Fioraso and Bernard Accoyer) bought their parliamentary permanence with public funds (their IRFM), some even pouring rent. This practice was then legal [ 16 ] .

The High Authority for the Transparency of Public Life (HATVP), which controls the public probity of elected officials by examining their heritage and their interests, inspected the declarations filed a few weeks before the end of their mandate by the deputies and a part of the senators , at the end of 2016 and in . Finally, fifteen files were sent to the national financial prosecutor’s office, which opened, in , so many preliminary surveys. The files were entrusted to the brigade of repression of economic delinquency [ 17 ] .

The , Minister François de Rugy is forced to resign after the online newspaper Mediapart highlighted that he had financed his EELV political party with his IRFM, by having this undue expenditure of his taxes deduced, while the IRFM is not taxable [ 18 ] . This would have allowed him not to be taxable at all in 2015.

Having recognized a diversion of his compensation between 2015 and 2017, Philippe Nachbar resigns from his mandate as a senator [ 19 ] , [ 20 ] .

Political party financing [ modifier | Modifier and code ]

The unused part of the IRFM was not rendered until 2012 when the National Assembly asked the deputies of the former legislature to reimburse the not spent sums (although these sums are not controlled).

From , the regulation of the National Assembly no longer makes it possible to use the IRFM to finance a political party, or acquire real estate. But he explicitly specifies that all the deputies who have already reimbursed part of their purchase with their IRFM can go after funding. No sanction is provided for in the event of non-compliance with this regulation [ 21 ] .

Senators [ modifier | Modifier and code ]

In 2011, a senator was entitled to 6,240.18 euros gross per month. [ Ref. desired]

The monthly amount of the IRFM amounts to 6,109.89 euros net in , with indexing on the evolution of the value of the point of the public service, and is not subject to income tax [ 22 ] .

Deputies [ modifier | Modifier and code ]

The IRFM of the deputies is set in 2017 and 2018 at 5,373 in 2017 and 2018 € € [ 9 ] .

It was reduced by 10% in 2013 to reassess the treatment of parliamentary assistants.

Year amount (millions of euros) per year for all deputies [ 23 ] evolution
2011
2012 44.80 + 0.87%
two thousand and thirteen 38.80 – 13%
2014 38.69 or 39.11 [ 24 ]
2015 39.01 [ 25 ]
  1. http://www2.assemblee-nationale.fr/decouvrir-l-assemblee/Role-et-pouvoirs-de-l-assemblee-nationale/le-depute/la-situation-materielle-du-depute
  2. Sophie Levy Ayoun, Mandate costs: deputies save their generous regime » , on capital.fr , (consulted the ) .
  3. The Senate budget – Senate » , on www.senat.fr (consulted the )
  4. The means made available to senators – Senate » , on www.senat.fr (consulted the )
  5. The Ethics Committee – Senate » , on www.senat.fr (consulted the )
  6. lexpress.fr .
  7. www.ifrap.org
  8. Article 20 of the loop n O 2017-1339 of September 15, 2017 for confidence in political life
  9. a et b Pierre Laberrondo, MPs validate new rules for their mandate costs » , Acteurpublics.com, (consulted the )
  10. “Certain expenses made on this account (Jérôme Cahuzac IRFM account, editor’s note) may be more of the personal than professional sphere” , write tracfin investigators in their report. For example: 8,300 euros paid per In order of … “Piscines and southern decor”, an installation and maintenance company of the Villeneuve-sur-Lot basin. To this are added other expenses pinned by specialists in the fight against money laundering: “It has been noted in bank card expenses for subscriptions to CanalSatellite or Canal Plus, expenses related to the practice of golf in Versailles or even with luxury dressing stores” . “The dog Bucky, Thérèse’s checkbook … The other Cahuzac lies” on Le Figaro , February 8, 2016.
  11. The not very personal money from Mélenchon … », L’Obs , ( read online , consulted the )
  12. Caroline Piquet « How deputies become owners thanks to their allowances », Le Figaro , (ISSN  0182-5852 , read online , consulted the )
  13. Capital: series B of investigation, on Jean-Luc Mélenchon’s blog
  14. Pointers, Philippe Pascot, 2015.
  15. The High Authority recommends more transparency on the IRFM and the heritage of parliamentarians
  16. Yann Thompson and Thomas Baïetto, “The good deals of former deputies who bought their permanence with public funds” , francetvinfo.fr, 23 November 2017.
  17. L’ Express , December 11, 2018.
  18. Michael Hajdenberg, Anton Rouget et Fabrice Arfi, François de Rugy resigns, unable to justify his mandate costs » , on mediapart.fr , (consulted the )
  19. Meurthe-et-Moselle. Senator Philippe Nachbar, former mayor of Jarny, resigns » , on www.republicain-lorrain.fr (consulted the )
  20. Hijage of mandate costs: 100,000 euros fine for the former LR-Senator of Meurthe-et-Moselle Philippe Nachbar » , on www.estrepublicain.fr (consulted the )
  21. http://www2.assemblee-nationale.fr/static/dontologue/dontologue_raport_2015.pdf
  22. The means made available to senators » , Senat.fr, (consulted the )
  23. National Assembly accounts
  24. [first]
  25. [2]

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