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French parliament passes law giving citizens the 'right to make mistakes' French parliament gives citizens the 'right to make mistakes'
(about 1 hour later)
Legislation will mean errors allowed in dealings with government but they will be ‘limited to the first mistake’ Law allows for an error when dealing with government but it must be made in good faith
Agence France-Presse Kim Willsher in Paris
Wed 24 Jan 2018 06.13 GMT Wed 24 Jan 2018 10.56 GMT
Last modified on Wed 24 Jan 2018 09.58 GMT First published on Wed 24 Jan 2018 06.13 GMT
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French lawmakers have voted for a flagship article in a new law which will give citizens the “right to make mistakes” in dealings with the government without being automatically punished. The French government has officially acknowledged that to err is human for citizens when dealing with officials and bureaucracy.
The article, which was adopted by a show of hands Tuesday night in the National Assembly, is the “cornerstone” of a law for “a state in the service of a trustworthy society”, according to the government. Legislation passed with a show of hands in the Assemblée Nationale in Paris allows for the “right to make mistakes” without being punished. However, the government’s patience is limited: citizens will be forgiven just one error and only if made in good faith.
The law is part of reforms Emmanuel Macron touted during his successful presidential election campaign to allow citizens to make a mistake in good faith in their dealings with the authorities without risking punishment from the first infringement. It will be up to the authorities to prove the person was acting deliberately.
It will be up to the administration to prove that the person was acting in bad faith. Ministers described the article as the cornerstone of a wider law containing changes announced by Emmanuel Macron last year during his successful presidential campaign to foster a more “trustworthy society” and simplify the bureaucratic process.
“The expansion of the right to make a mistake adopted by the Assembly just now!” minister of public action and accounts Gerald Darmanin said on Twitter. It is founded on the principle that members of the public and companies should be considered to be acting in good faith until proven otherwise.
“It is a revolution in the relations between the administration and the administered.” An example given was that if the authorities discovered an individual or business had made a genuine mistake in a tax return, the default interest imposed would be reduced by 30%. If the taxpayer realised his or her mistake, the penalty would be halved.
To err is human but the divine forgiveness of the government will be “limited to the first mistake”, according to a change made to the article at the insistence of dissenters. French companies will also have the right to ask the authorities to check their accounts and fiscal declarations to ensure they are conforming with the law. Those who are not could be given a warning rather than punishment.
At the opening of debate, the minister said the government had listened to “the French who like their public services but not their administration”, citing a letter of grievances sent him by one “Alexandre”. After the vote on Tuesday night, Gérald Darmanin, the minister of public action and accounts, tweeted: “It is a revolution in the relations between the administration and the administered.”
Lawmakers will have to consider dozens of further articles in the bill on the extent of the right to make mistakes. At the opening of the debate, Darmanin said the government had listened to French people who “like their public services but not their administration”. The right to make a mistake clause, as it is called, calls for “a state at the service of a trusted society”.
The right to err will not apply in a number of cases, such as public health. Dozens more articles are being debated on how far the right to make mistakes will be extended. Officials say it will not apply to people in public health services, the environment and security, or those suspected of fraud, including repeat offenders.
Considered a “catch-all” by some officials, the bill deals with subjects as diverse as modifying procedures for obtaining a permit for the installation of wind farms at sea or the possibility of making donations to churches by SMS. Proposed legislation to shake up French administration covers a diverse range of subjects, from the “exploration and exploitation of geothermic energy” and making charitable donations to churches, to removing the need to prove a home address when applying for a passport.
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