BEIRUT: Changing the portfolio of Labor Minister Charbel Nahhas is constitutionally easier than dismissing him, said a legal expert, as the minister stood firm on his position not to sign a transportation allowance decree despite a termination warning from the president.President Michel Sleiman was quoted by media reports last week as warning Nahhas could lose his post if he fails to sign the Cabinet decree over the transportation allowance.

Youssef Saadallah Khoury, a former head of the Shura Council, told The Daily Star that dismissing a minister “is not a joke” after the amending of the Constitution in line with the 1989 Taif agreement which ended Lebanon’s 1975-1990 Civil War.

“Prior to amending the Constitution, the president appointed and dismissed ministers in line with article 53,” he said.

“But currently, article 65 stipulates that two thirds of the Cabinet is required to approve a proposal to dismiss a minister put forth by the president and the prime minister,” Khoury explained.

“There are measures that can be taken against Nahhas if he remains adamant on his position [of not signing the decree],” Sleiman said.

“Either he is sacked via two-thirds vote by ministers or his post is changed as stipulated by the law,” he added.

But given that the the current Cabinet is dominated by the Hezbollah, Free Patriotic Movement and Amal Movement alliance, to which Nahhas belongs, it will difficult to secure two-thirds of votes to sack the minister.

Last month, Nahhas signed a Cabinet decree approving a wage hike that saw an increase of the minimum wage to LL675,000 among other measures. However, he refused to put his signature on a decree by which the government sets the transportation allowance, arguing this was illegal and required a draft law to be passed by Parliament.

But Sleiman said that previous Cabinets had set transportation fees and that it had become a norm.

“It is not permissible to keep a Cabinet decision pending. Since 1995, the transportation allowance has been dealt with through a decree and after 15 years issuing a decree has become a norm and the norm has become similar to a law.”

Commenting on Sleiman’s remarks Saturday, Nahhas said he would not sign the decree even if 29 ministers approved his dismissal “and not even two thirds [of the Cabinet].”

“Let he who wants to dismiss me just dismiss me,” Nahhas told Al-Jadeed TV. The minister couldn’t be reached by The Daily Star Sunday.

But Khoury noted that changing a minister’s portfolio is an easier option.

Just as a minister is appointed in a ministerial portfolio based on a decree signed by the president and the prime minister, a similar decree bearing the signatures of the two top officials could change a minister’s portfolio.

“If the portfolio change was rejected by the concerned minister, he can challenge the decree before the Shura Council,” Khoury said.

But Khoury noted that the Shura Council is likely to turn down such a challenge since changing a portfolio falls under the category of a “government act” which the judiciary has no authority to look into.

A minister could also be dismissed if a simple majority of MPs withheld confidence in him.