On April 15, the Democratic Progressive Party’s (DPP) legislative caucus finalized its draft version of supervisory regulations for cross-strait agreements. Once the mandatory redrafting period has expired, the draft bill is to be passed to the legislature’s Home Affairs Committee for review, which is very likely to happen on Wednesday or Thursday. However, it would be advisable for the committee to hold off on the review until after the DPP government takes office on May 20.
Although there is a difference of only 20 days, from the perspective of democratic, responsible government, the difference is significant.
There are six versions of the draft act currently awaiting review. These are versions submitted by the DPP, the People First Party, the New Power Party, the Chinese Nationalist Party (KMT), civic groups and one drafted by the Cabinet, the only one that would become completely illegitimate after the May 20 transfer of government.
The Cabinet’s version was drawn up during former premier Jiang Yi-huah’s (江宜樺) term. During the 2014 Sunflower movement protests against President Ma Ying-jeou’s (馬英九) cross-strait service trade agreement with China, Jiang’s Cabinet cooked up a “four-stage external communication and consultation mechanism” and a “national security review mechanism” to provide an excuse to rebuff the movement’s key demand for a legally regulated supervisory mechanism to vet future agreements between Taiwan and China. However, on March 24 that year, student activists occupied the Executive Yuan in order to block the ratification of the trade pact.
It was only after the March 30 protest, when more than half a million people marched in front of the Presidential Office Building, that Ma softened his stance against a legally regulated supervisory mechanism for cross-strait agreements.
Four days later, on April 3, the Cabinet passed a draft bill, although it was essentially a re-hash of the previously-announced “four-stage external communication and consultation mechanism” and the “national security review mechanism.” The purpose of the bill was not to enable genuine legislative oversight, but to do the absolute minimum to satisfy the movement’s demands.
Having voted for a new legislature and a change of government, the public cannot accept the existing cross-strait supervisory regulations, which are a product of Jiang’s arrogance and Ma’s negligence. Therefore, the nation should wait until after May 20 so that premier-designate Lin Chuan (林全) can rescind Jiang’s bill and restart the review process.
In addition, the Home Affairs Committee’s review process begins with an explanation of the proposal and consultation with the regulating authority. If the committee’s review of the supervisory regulations goes ahead this week, it would mean that Mainland Affairs Council (MAC) Minister Andrew Hsia (夏立言) — who will only be in office a few more weeks — would be providing explanations of the Cabinet version of the bill that is about to be rendered illegitimate and unrepresentative.
He would also provide opinions on the other versions, from the viewpoint of the council. Hsia’s opinions can in no way be a substitute for the views of incoming MAC minister Katharine Chang (張小月), who is the one who will be in charge of the law’s enforcement.
Chang should be questioned over how the council is to handle the issues of legislative oversight, public participation, transparency and upholding human rights under the different versions of the bill.
Hopefully the DPP will display a higher degree of democratic accountability than the KMT.
Lai Chung-chiang is convener of the Economic Democracy Union.
Translated by Edward Jones
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