IN THEIR haste to approve generous pay and benefits increases for themselves, it seems that deputies and the government shot themselves in the foot, as it emerged yesterday that the law could be unconstitutional.
According to Politis, the Finance Ministry has already asked for the Attorney-general’s opinion on the matter, but it looked highly likely that the law, which is retroactive, conflicted with Article 84 of the Constitution, which says: “Any increase of such remuneration shall not become operative during the term of office of the House of Representatives in which such increase has been made.”
The law, and the manner in which it was passed, sparked outrage last week as it came in the middle of a government austerity drive aimed at reining in the public deficit.
The bill was rushed through Parliament in outmost secrecy – Finance Committee discussed it behind closed doors and it was voted on without debate – all in one day.
The wage and benefits hike includes a pay rise for President Tassos Papadopoulos, from £47,500 to £51,500, plus an additional 40 per cent rise in his expenses.
House Speaker Demetris Christofias benefited from a pay rise of nearly £6,000.
Deputies and Ministers will see their expense allowance rise by 30 per cent to £12,000 per year, plus a standard £400 per month or another £5,000 each per year for travel expenses. They will also benefit from a 100 per cent increase in their monthly allowance for secretarial services from £300 to £600, which amounts to another £3,600 per year.
The problem was spotted after the law was approved and the ministry informed Papadopoulos who has not signed it yet, Politis said.
This may well mean that the law could be sent back to parliament, which is currently in recess.
Government Spokesman Kypros Chrysostomides said the proper procedures, which applied in these cases would be followed.
The spokesman confirmed that the ministry had asked for the Attorney-general’s ruling on the matter.
Christofias suggested that if the increases were unconstitutional now, then past ones were unconstitutional too.
“If they were unconstitutional then, they should be now, but they were not back then, neither was there so much noise,” Christofias said.
The House Speaker reiterated that Cypriot deputies’ salaries were much lower than those of their counterparts in other European member-states. Unlike other countries, however, deputies in Cyprus do not work full time, and many retain lucrative professional interests.
Opposition DISY, which approved the bill, yesterday suggested the government should have looked into the law’s provisions before it was submitted for approval.
Spokesman Tasos Mitsopoulos noted that Parliament could not legislate in a way, which conflicted with the provisions of the constitution.
“If there is a constitutional issue, then it’s something the government and the legislature should deal with,” Mitsopoulos said.
If the law is sent back, then parliament has 15 days to decide whether it accepts or rejects the referral.
But due to the summer holidays the House would have to convene in an emergency meeting; if not, the law would be annulled and re-submitted in October.
