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The Shura Council in session

Income disclosure law challenged in Bahrain

MANAMA, May 25, 2015

A law that obliges senior government officials and public representatives in Bahrain to declare their finances, as well as those of their spouses and children, is being contested by the Shura Council.

Members voted unanimously yesterday to challenge the Financial Integrity Law in the Constitutional Court, said a report in the Gulf Daily News (GDN), our sister publication.

As well as government officials, the law forces MPs, municipal councillors, Capital Trustees Board members and Shura Council members to disclose their income and that of their family.

However, the Shura Council argues that spouses should not have to declare their finances.

Its members claim that doing so is unconstitutional, based on the argument that husbands and wives are financially independent.

“Having public representatives declare their finances is fair and no-one can contest that,” said first vice-chairman Jamal Fakhro.

“But for council members, MPs, municipal councillors and Capital Trustees Board members - in addition to government officials - to force their wives or husbands is unconstitutional, since they are financially independent.

“Existing laws have all separated husband and wife finances, with the latest being housing - with services being provided based on the main breadwinner, rather than the net income of both.

“The Financial Integrity Law punishes public representatives and government officials if they don't present all required forms and attachments within a set time, which is wrong since it means that representatives are being punished for something they have no power over - and that is their spouses.”

Chairman Ali Al Saleh said 36 out of 40 Shura Council members had declared their finances and those of their spouses and children within 60 days of taking their oath in December.

Legislative and legal affairs committee vice-chairman and secretary Khamis Al Rumaihi suggested public representatives and government officials might have to divorce their partner if they wanted to keep their finances private.

“This is unconstitutional since no husband or wife of any public representative or government official should be forced to present their finances under the constitution and we are contesting this law in the Constitutional Court,” he said.

The financial statements of public representatives are scrutinised by a panel of judges hand-picked by His Majesty King Hamad, which reports solely to the King.

Also required to disclose finances are the Prime Minister's deputies, ministers, under-secretaries, assistant under-secretaries and directors in the public and military sectors, in addition to Tender Board members, judges, public prosecutors, governors and their deputies, ambassadors and diplomats.

Government representatives in companies that the government owns shares in are also included.

The Premier and the Financial Audit Bureau chief are exempted from the law, as they declare their finances directly to the King. - TradeArabia News Service




Tags: Bahrain | government | income | disclosure |

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