Lawmakers have been at loggerheads for several weeks over legislative reforms bills, which the Democratic Progressive Party (DPP) describes as “an unconstitutional abuse of power,” while opposition parties say reforms would enable better oversight of the Executive Yuan.
The proposals include amendments to the Act Governing the Legislative Yuan’s Power (立法院職權行使法) to normalize presidential state of the nation addresses to the legislature, boost legislative powers of oversight and investigation, create criminal penalties for holding the legislature in contempt, and empower the legislature to approve the appointment of officials and conduct legislative speaker elections with open ballots.
DPP caucus whip Ker Chien-ming (柯建銘) said that requiring the president to attend a question-and-answer session would be “unconstitutional,” as it should be up to the president to decide whether they want to respond to questions.
Photo: Reuters
Regarding investigative rights, the Chinese Nationalist Party (KMT) has proposed granting the legislature “investigative rights” beyond its current right to access official documents, including convening investigative committees and hearings that can summon people to testify.
The scope of the summons would include private entities , the KMT said.
Those who refuse a demand by the legislature or delay responding, conceal information or provide false statements to the legislature during an investigation, inquiry or hearing or when it reviews documents can be fined or, if the offense is serious, be held in contempt of the legislature, a KMT-proposed bill says.
DPP bills say that investigating committees should only be convened if the matter is related to rights conferred by the Constitution to the Legislative Yuan and should not violate the authority of other independent agencies.
To support the right of the legislature to launch investigations, amendments have been proposed to the Criminal Code to criminalize “contempt of the legislature” during an investigation.
Several lawyers last month voiced concerns during public hearings over the proposal and who would define contempt, citing potential effects on basic rights and freedom.
DPP Legislator Puma Shen (沈伯洋) has said that before expanding the power of lawmakers, regulations defining limits should be established to avoid having the legislature become a place for “self-serving retribution” that bypasses institutions.
The KMT said that the reform bills are necessary to enhance the legislature’s oversight role, bring about greater government transparency and accountability, and force the ruling party and government officials to face and respond to public opinion — which it said the DPP had not had to do over the past eight years due to its legislative majority.
Granting the legislature broader “investigative rights” would help prevent and expose scandals, such as stock manipulation, improper government procurement and profiteering, the KMT said.
Allowing the legislature to fine or hold in contempt people or entities who do not comply with an investigative inquiry would prevent government officials from lying in the legislature, it added.
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