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NCC hangs on to posts, but not for the public

`Jan. 31 has come and gone. The Organic Act has been amended and the members of the commission have not stepped down.'

If you happen to see National Communications Commission (NCC) Chairman Su Yeong-chin (蘇永欽) -- or any of the other commission members, for that matter -- don't be surprised if they seem to have put on weight. The members of the NCC broke their promise, and now they're eating their own words.

A year and a half ago, the Council of Grand Justices ruled in constitutional interpretation No. 613 that the Organic Act of the National Communications Commission (國家通訊傳播委員會組織法) was unconstitutional in that it violated the separation of powers by allotting commission seats in proportion to party representation in the legislature. That structure essentially gives the legislative branch power over a body that falls under the executive.

Despite this ruling, the grand justices did not rule that the NCC members should resign immediately. It gave them until the end of this year.

Following the ruling, commission members announced they would not wait until then to resign, but rather step down on Jan. 31.

The members said they would endure the humiliation of staying, despite the ruling, just long enough to carry out crucial tasks. They stressed that they would resign on Jan. 31 regardless of whether the organic act had been amended.

Jan. 31 has come and gone. The Organic Act has been amended and the members of the commission have not stepped down.

Su has changed his tune: The commission will stick around until new members have been appointed.

This, Su says, is to ensure a smooth transition in the NCC's work.

Many people say one thing, then do another. The NCC is no exception, but its members -- well-educated academics, led by a law professor -- act like they have done no such thing.

They are staying on only out of dedication to the public, they say. If the public is willing to believe that, they could even stand to improve their reputation through this lie.

Although there will be a short transition period between the terms of this and the next commission if the NCC members resign now, more than 500 civil servants at the NCC will continue work as usual.

This is similar to the Control Yuan, which is operational, despite lacking panel members. The Control Yuan is one of the five government branches designed by Sun Yat-sen (孫逸仙); if it can operate for three years without panel members, what is the NCC so worried about?

Of course it would be best to avoid a long transition period between commissions. The Cabinet should nominate new members and the legislature should review them immediately.

The members of the NCC should be ashamed; they have no right to go back on their promise or claim that their staying on is in the public's interest.

Lu Shih-hsiang is an adviser to the Taipei Times.

Translated by Eddy Chang
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