The Chinese Nationalist Party (KMT) legislative caucus on Monday proposed amendments to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) and the Criminal Code that would make “contempt of the legislature” a crime.
The amendments would target attempts by government officials during question-and-answer sessions to exceed the scope of a question or to give false statements. Penalties would include imprisonment of up to three years, detention and a possible fine of up to NT$300,000.
The Democratic Progressive Party (DPP) and the Taiwan People’s Party have expressed reservations and advised caution in pursuing it.
Responding to criticism that the proposal was a cynical ploy to leverage the KMT’s numbers in the legislature, KMT caucus secretary-general Hung Mong-kai (洪孟楷) said that this power would be available to all political parties and ensure that the Legislative Yuan was accorded “the dignity it deserves.”
Laws speak volumes about the behavior of the governed, as they are put in place to constrain behaviors that are either anticipated or have precedent. Obfuscation or the peddling of untruths are certainly to be discouraged.
For lawmakers, there already exists the Legislators’ Conduct Act (立法委員行為法), enacted to ensure that lawmakers accord the Legislative Yuan this dignity. One might wonder why Hung feels an amendment to the Criminal Law is required, rather than ensure that this act is enforced properly first.
Article 7 of the act lists actions open to disciplinary sanctions, including abusive language or language that involves ad hominem attacks; interrupting the speech of others without the speakers’ consent; damaging public property or violent physical action; and occupying the podium or obstructing the progress of a session.
Anyone familiar with the conduct of legislators in Taiwan would immediately be aware of two things: first, those items are present in Article 7, because such conduct is not only anticipated, but also has precedent; and second, they are a regular feature of the Legislative Yuan.
Not only is the act not adhered to, but the conduct that legislators get away with is counterproductive and perennially a national embarrassment.
Since Deputy Legislative Speaker Johnny Chiang (江啟臣) in the past orchestrated innumerable podium occupations and even the flinging of pig offal at the premier in the legislature, he is fortunate that the law was not strictly enforced at the time. That conduct was hardly beneficial to promoting the dignity the legislature deserves.
To the specifics of the KMT’s proposed amendments: Exceeding the scope of a question when providing an answer and interpretations of veracity at the more nuanced ends of the spectrum are ambiguous and subjective, and the chances of fair and objective appraisals of conduct in the partisan and divisive atmosphere of the legislature are essentially none.
DPP Legislator Puma Shen (沈伯洋) on Monday vociferously objected to the proposal, asking the KMT to apply higher standards of conduct to its own legislators before lobbing accusations at the DPP, observe the dignity of the legislature by applying logic, due diligence, consistency and relevance in their questioning, and offer substantive solutions over political point-scoring.
These are all legitimate points, but they hide the fact that legislators of all parties have been guilty of transgressing standards of conduct, the only difference being whose foot the shoe is on at any given time.
What the legislature shows is a lack of trust and a failure to live up to the standards of the Taiwanese.
The KMT’s proposal is clearly a cynical ploy. Something needs to be done, but the problem is that the lawmakers in this divisive and partisan climate seem to be the least qualified to find the solution.
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