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Referendum map detours legislature

The measure that the Executive Yuan is drafting to allow the government to hold a referendum does not need the approval of the legislature because it is an "administrative regulation," a Cabinet official said yesterday.

"Not all administrative regulations need the approval of the legislature. If that was the case, the legislature would be inundated with such decrees and left with little time to review more important draft bills," said Minister without Portfolio Hsu Chih-hsiung (許志雄), who was assigned by Premier Yu Shyi-kun to draw up the measure.

Hsu added that an "administrative regulation" is different from an "administrative decree." "An `administrative regulation' is a measure that has nothing to do with the change of people's rights and duties and doesn't require the approval of the legislature, while an `administrative decree' does," Hsu said.

Although a referendum held in accordance with an administrative regulation would not be legally binding in nature, Hsu said that it would be binding in reality.

"In other words, governments on all levels should respect and accept the result of the referendum," Hsu said.

While there is no legal basis for the government to hold a referendum, Yu announced on Monday that the Cabinet is drafting a measure to allow the government to do so. The provisional measure would automatically be nullified as soon as the legislature passes a referendum law.

Saying that their right to make laws had been violated, opposition lawmakers threatened to boycott the measure should it be sent to the legislature for approval.

Although the exercise of initiative and referendum is a right guaranteed by the Constitution, no law has yet been enacted. The Cabinet in April last year sent a draft of the initiative and referendum bill to the legislature for review but lawmakers were deadlocked over the issues a vote should cover.

Under the measure drawn up by the Cabinet, central government agencies, not the people, would be the party to request the holding of a referendum. A cross-ministry committee -- consisting of between nine and 13 government officials, experts and social elites -- ? would then review the proposal for the referendum. Once approved, debates and public hearings would be arranged before a referendum is actually held.

While the first draft of the measure has been completed, Hsu said, he will add the opinions gathered from the national nuclear-free home conference -- slated for Friday -- before sending the draft to the premier for final approval.

Taipei City Mayor Ma Ying-jeou (馬英九) is not in favor of the idea and has publicly announced that the city would not implement the policy because it lacks a legal basis.

To resolve the problem, Hsu said the measure would empower the Central Election Commission, the central agency responsible for holding the referendum, to supervise its local offices to carry out the plan.

Hsu also claimed that there would be no problem finding the money to hold a referendum on important issues.

Responding to Washington's warning against being provocative, Cabinet Spokesman Lin Chia-lung (林佳龍) said yesterday that the government's plan to hold a referendum remains unchanged.

"As a responsible government, we'll put into practice President Chen Shui-bian's (陳水扁) election promise," Lin said.

"As the president said in his May 2000 inaugural address, we won't seek a referendum on the independence issue as long as China doesn't attack."

US State Department spokesman Philip Reeker yesterday urged Taiwan ``to refrain from actions or statements that increase tension'' with China.
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