Paris (AFP)

Edouard Philippe repeated Wednesday before the Senate to be against "a logic of mitigation of the responsibility" of the public and private decision makers charged with taking measures to come out of the confinement, estimating that that would not restore "no confidence to our fellow citizens".

The debate agitates the Parliament while mayors worry that their criminal responsibility will be engaged in case of transmission of the coronavirus in schools, which reopen gradually from May 11.

"If we gave the feeling, or even more if we reduced the responsibility of decision-makers, we would not be doing our country a service, we would not be restoring confidence to our fellow citizens", warned the Prime Minister during the question and answer session to government.

"I do not subscribe at all to a logic of mitigation of responsibility," he insisted, adding that it did not seem to him "a good idea".

Mr. Philippe was questioned by Senator (LR) Mathieu Darnaud on the criminal responsibility of mayors.

During the night of Monday to Tuesday, the Senate, with a majority on the right, had adopted, against the advice of the government, a device aimed at adjusting the regime of responsibility of decision-makers (employers, local elected representatives, civil servants).

"No one can see their criminal responsibility engaged" for contaminations by the coronavirus during the state of health emergency, except in case of deliberate intention, recklessness or negligence, said the measure voted by the senators.

The committee voted on MoDem and LREM amendments which "do not affect" the balance of the current legislation but "specify" to the judge, in the penal code, to take into account "in the event of a health disaster, the state of scientific knowledge at the time of the facts ", according to MoDem Laurence Vichnievsky.

"It is a clarification that we are giving to the judge", but "I have the weakness to believe that the judge would have taken it into account ex officio," explained the centrist member.

This "does not exonerate anyone from their responsibilities but still protects elected officials in particular situations", added his colleague of the majority Erwan Balanant (MoDem).

The majority thus believes to provide a response to the concerns of local elected officials, but the right-wing opposition is challenging it as a whole.

LR deputies, including their leader Damien Abad, deem this amendment "unacceptable" and see it as a "generalized amnesty", aimed at protecting the government and "taking it away" in its management of the pandemic.

For the boss of the senators LR Bruno Retailleau, it is a "tartufferie" which "exonerates the powerful contrary to the amendment of the Senate which protected the" local "performers.

Before the senators, Edouard Philippe indicated that he was "in favor of clarifying the existing law which is already very protective", while deeming "good" the current device, namely the Fauchon law passed in 2000.

"I believe that with regard to the reopening of schools, it is the State which takes responsibility for reopening them. It is the State which closed the schools and which decided to reopen them," he said. he underlined, responding to the main point of concern of mayors.

The Keeper of the Seals Nicole Belloubet does not "think" either that the device adopted by the Senate "is the best solution" and believes that under current law, criminal responsibility is already "difficult to initiate since there must be a fault deliberate or gross misconduct ".

© 2020 AFP