The Senate Constitution Committee generally dispatched, and in particular to the Chamber, the second withdrawal of 10% of AFP funds, tax-free, with payment in 15 days plus the collection of owed alimony, on another fence that advances this project in Congress.
However, the Government did not give its arm to twist and through the Minister Secretary-General of the Presidency, Cristian Monckeberg entered a reserve of constitutionality, in a new bar that must deal with this initiative.
In particular, Monckeberg noted that the draft violates three provisions of the Constitution, such as the President’s exclusive power on spending, and also requires a two-thirds quorum and not three-fifths as proposed by parliamentarians. “We don’t share it, but it’s your right,” commission chairman Alfonso de Urresti (PS) said after this new executive move.
The votes
In the first instance, and as planned, the Constitution Commission generally approved the second withdrawal by 3 votes in favour (PS Alfonso de Urresti, DC Francisco Huenchumilla and the independent Pedro Araya) and 2 votes against (RN Rodrigo Galilea and UDI Luz Ebensperger).
The project then went to the vote in particular of the 27 indications. However, in this instance was key the decision of Senator RN Francisco Chahuán, who decided to withdraw 19 of the indications presented, with a clear call to the Government. “In the absence of concrete action by the Government, I remove all indications. Each and every one,” he said.
Chahuán’s move aimed to get the government out of the board to put the accelerator in the efforts regarding its own 10% project and the possibility of linking this issue with the planned reform, two issues that have been at the table of the intense negotiations that have been implemented by the finance ministers, Ignacio Briones, of Labor, María José Zaldívar , and Segpres, Christian Monckeberg, with senators of opposition and officialism.
“Here the Government has an opportunity and tie up the 10% withdrawal with the planned reform. That was the tenor of the indications I submitted and I would like to ask my Government to finally be able to take over a project of this nature with the necessary edges, but ultimately be sponsored by the Executive so that it does not have vices of unconstitutionality,” he said, making a “site to President Sebastián Piñera and his finance ministers , Work and Segpres so that they can finally present a project with responsive sponsorship”.
In the discussion in particular, the committee rejected the indications aimed at restricting the benefit or setting a tax payment for high income, as was the case in the process of the Chamber of Deputies.
With regard to the approved indications, the commission dispatched an authorship of Senator Carlos Bianchi that reduces the delivery of the funds from 30 to 15 working days, since the application was filed with the respective AFP.
In addition, it approved another indication by Senators Ximena Rincón (DC) and Isabel Allende (PS), Francisco Huenchumilla and Bianchi seeking the collection of food pensions due, with the withdrawal requested.
