Sun, Apr 10, 2005 page2

• Assembly law may not pass in time for June session: DPP

  CONVOLUTED PROCESS Because a bill specifying how the assembly works is stuck in committee, the chances for constitutional reform may be slimmer

  • By Ko Shu-ling / STAFF REPORTER
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  The soon-to-be-elected National Assembly may have to adhere to current regulations -- which set a high bar for approving constitutional amendments -- if the legislature fails to enact a new law regarding the assembly's operations, the Democratic Progressive Party (DPP) said yesterday.

  The DPP is pushing for new legislation that would require a simple majority of more than 50 percent of assembly members to approve constitutional amendments; under current regulations the approval of 75 percent of those present is required. Without the new law, approving the constitutional amendments passed by the legislature in August will be more difficult.

  "W are bracing ourselves for the worst-case scenario and have come up with a contingency plan if the bill fails to become law before the National Assembly members are elected," DPP caucus whip Lai Ching-te (賴清德) told the Taipei Times.

  Bogged down

  While the election of the National Assembly is slated for May 14, the draft bill governing the National Assembly's exercise of power is still bogged down in a legislative committee.

  The committee, which remained deadlocked over the bill last week, agreed to hold a public hearing next week to solicit opinions from constitutional experts and others before debating the bill article by article.

  At issue is the threshold for ratifying constitutional amendments. While the Democratic Progressive Party (DPP) and Chinese Nationalist Party (KMT) legislative caucuses argue that the consent of only half of the assembly members should be required, the TSU, People First Party (PFP) and Non-Partisan Solidarity Union say that a three-fourths requirement makes more sense.

  The National Assembly election, in which voters will select a party rather than a candidate, will elect 300 members. The seats will be divided up proportionally among the parties based on their share of the popular vote.

  The Assembly must meet one month after the election to ratify the constitutional amendment bill passed by the legislature in August. The bill would eliminate the National Assembly, adopt a "single-member district, two-vote system" for legislative elections starting in 2008 and halve the number of legislative seats from the current 225 to 113.

  Other options

  If the draft bill governing the National Assembly's exercise of power fails to become law in time, Lai said that one possible solution is to have assembly members exercise power in accordance with the Standing Order of the National Assembly (國民大會議事規則).

  The law stipulates that two thirds of the Assembly members must be present and the consent of three fourths of members present is required to validate a constitutional amendment bill.

  Another alternative is to let assembly members enact an internal rule to regulate their own duties. But Lai said that would likely cause a constitutional dispute because the Legislative Yuan is the only government body with the constitutional power to make laws.

  Lai also called on opposition parties to refrain from requesting a cross-party negotiation to settle the matter, because it will only slow down the legislation process.

  Commenting on the DPP's proposal, Taiwan Solidarity Union (TSU) caucus whip Lo Chih-ming (羅志明) said that the National Assembly is bound to encroach on the Legislative Yuan's constitutional duty by enacting a law to regulate itself.

  "The best solution is to postpone the National Assembly election and hold them concurrently with the year-end local chiefs and councilors," Lo said. "Such a practice will save money and attract more voters, as well as prevent constitutional crisis."
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