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9.4  |  June 2005 to May 2006
public assets and freedom of movement. It guaranteed healthcare, including for “the
handicapped and those with special needs”, education and environmental protection.
It defined rights regarding freedom of expression, including “freedom of thought,
conscience, and belief” and the free practice of religious rites “including the [Shia]
Husseini rituals”.
Federal powers. This section defined the division of legislative and executive power
and described the roles of independent commissions. In relation to the Council
of Representatives (the federal legislature), it said that “the representation of all
components of the people shall be upheld in it”. It described the powers of the
President, Council of Ministers, Higher Judicial Council and Supreme Court.
Powers of the Federal Government. This section defined the areas in which the
federal authorities had exclusive competence, including foreign policy, national
security policy, fiscal and customs policy and the budget. It said Iraq’s oil and
gas reserves would be managed by the federal government “with the producing
governorates and regional governments”.
Powers of the regions. The federal system was defined in this section as
“made up of a decentralized capital, regions, and governorates, as well as local
administrations”. One or more governorates could form a region following a
referendum, and each region would adopt its own constitution, which should not
contradict the national Constitution on areas in which the federal government was
competent. An “equitable share” of revenues would be allocated to regions and
governorates.
Final and transitional provisions. This section defined the process by which the
Constitution could be amended, including through the formation of a committee to
recommend amendments comprising members of the Council of Representatives
“representing the principal components of the Iraqi society”. It also stipulated that a
“Presidency Council” should be “elected by one list and with a two-thirds majority” in
the Council of Representatives, to undertake the role of the President in the first term
after the Constitution was adopted.
362.  The day after the referendum, President Talabani issued a decree, announcing
that Parliamentary elections would take place on 15 December in accordance with the
TAL.159
363.  Political negotiations about the possibility of postponing the December election had
continued to the last moment. Mr Patey reported that the US and UK had lobbied hard
against postponement as “the extra time would almost certainly not have helped”. In his
view, “our pressure was crucial in keeping the various parties on track”.
364.  On 16 October, Mr Blair had lunch at Chequers with Secretary Rice.160
365.  Mr Blair made clear that Iraq was the number one priority for the UK and that active
UK and US work would be needed over the coming critical months.
159  eGram 15761/05 Baghdad to FCO London, 17 October 2005, ‘Iraq: Elections’.
160  Letter Sheinwald to Hayes, 16 October 2005, ‘Prime Minister’s meeting with US Secretary of State,
16 October 2005: Iraq’.
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