Recent Developments in the Legislative Oversight of the Executive Branch in Japan THE 6th INTERNATIONAL SEMINAR FOR PARLIAMENTARY RESEARCH SERVICES 18 November 2015, Seoul Yasushi Chosa Politics and Parliamentary Affairs Division Research and Legislative Reference Bureau National Diet Library, JAPAN 1
Contents 1. Structures of Japanese Government 2. Structures and Functions of the Diet 3. Enhancement of Legislative Oversight in 1997 4. Recent Reforms for Enhancement of Legislative Oversight (1) Establishment of the Board of Oversight and Review of Specially Designated Secrets in 2014 (2) Peace and Security Acts of 2015 and Actions Requiring Prior Diet Approval 5. Conclusion 2
1. Structures of Japanese Government (1) Separation of Powers The Legislative branch (Diet/Parliament) The Executive branch (Cabinet) The Judicial branch (Courts) (2) Parliamentary Government The Cabinet is dependent on the support of the Lower House to exist The Prime Minister is designated from among the Members of the Diet by a resolution of the Diet The Cabinet is collectively responsible to the Diet for the exercise of executive power (3) Bicameralism The House of Representatives (H. R.): Lower House The House of Councillors (H. C.): Upper House The will of the Diet is established by agreement of both Houses 3
2. Structures and Functions of the Diet (1) Structures The House of Representatives (H. R.) 475 members 4-year term Subject to dissolution The House of Councillors (H. C.) 242 members 6-year term (half of the members elected every 3 years) No dissolution 4
(2) Functions Legislation/Law-making Budgetary control Approval of treaties Designation of the Prime Minster/Establishment of the Cabinet Oversight of the Executive branch 5
(3) Oversight of the Executive branch Features of Legislative Oversight by the Diet Standing committees of both Houses oversee the Executive branch through legislative processes and deliberations on the budget The Committee on Budget oversees a wide range of political and administrative matters The Prime Minister and other Ministers of State must appear before either House when summoned in order to answer questions or provide explanations to Diet members The Prime minister and other Ministers of State spend significant time attending committee deliberations Means Member (individual): written questions, oral questions/interpellation Each House: investigative powers by summoning witnesses, requesting documents, dispatching members Agreement of both Houses: approval of appointments (e.g. the Governor of the Bank of Japan) 6
3. Enhancement of Legislative Oversight in 1997 Background: political reform, prolonged recession, huge budgetary deficits, scandals involving public officials, administrative reform Amendment of the Diet Law in 1997 Establishment of a standing committee on Oversight in both Houses (12 January 1998) (1) Organization The Committee on Audit and Oversight of Administration (H. R.) 40 members Revamping of the Committee on Audit The Committee on Oversight of Administration (H. C.) 30 members The Committee on Audit exists separately 7
(2) Functions Requesting the Board of Audit to audit specific matters Each house or committee may make requests of the Board of Audit Preliminary Research (H. R.) A committee resolution or requests from 40 or more members (3) Activities The Committee on Oversight Resolutions for recommendations to the Executive branch 1998-2015 H. R. 4 times (e.g., security of nuclear power plants, policy review, the Great East Japan Earthquake) H. C. 8 times (e.g., prevention of scandals involving public officials, official development assistance, reform of civil service system, policy evaluation) Meetings 1998-2015 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total H. R. 20 14 18 14 35 18 20 18 19 18 20 16 20 16 13 14 6 5 304 H. C. 14 11 14 12 17 10 10 11 11 7 7 6 8 10 9 5 5 4 171 8
Number of Requests to the Board of Audit and Preliminary Research 1998-2015 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total Requests to the Board of Audit Preliminary Research (H. R.) 1 0 1 0 0 0 0 2 7 5 6 5 3 1 9 6 1 2 49 4 5 3 0 4 0 4 5 4 6 9 1 1 0 0 0 0-46 Requests to the Board of Audit and Preliminary Research both cover a diverse range of subject matter e.g. public agencies, social welfare, ethics of public officials, reconstruction after the Great East Japan Earthquake 9
4. Recent Reforms for Enhancement of Legislative Oversight (1) Establishment of the Board of Oversight and Review of Specially Designated Secrets in 2014 Act on the Protection of Specially Designated Secrets in 2013 Agreement between the ruling coalition and some opposition parties to establish an organization in the Diet for oversight of the implementation of the Act on the Protection of Specially Designated Secrets Amendment of the Diet Law in 2014 Establishment of a Board of Oversight and Review of Specially Designated Secrets in both Houses (10 December 2014) 10
(i) Organization The Board of Oversight and Review of Specially Designated Secrets The Board of Oversight and Review of Specially Designated Secrets in each House is composed of 8 members (ii) Functions Oversight of implementation of the Act on the Protection of Specially Designated Secrets To receive an annual report from the Executive branch Requests for Specially Designated Secrets Recommendations for improvement of implementation Recommendations for termination of designation Requests for report of follow-up actions taken in response to recommendations 11
(iii) Activities Meetings held during the 189 th ordinary session in 2015 H. R. 7 times, H. C. 8 times Questions to Minster and other officials about the annual report Meetings are usually closed to the public, although there are some exceptions 12
Summary of the Annual Report The Diet received the first annual report from the Executive branch (22 June 2015) The Executive branch disclosed the additional data (9 October 2015) Period of data Specially Designated Secrets Annual Report 10/12/2014~31/12/2014 382 189,193 Additional Data 10/12/2014~30/06/2015 417 230,121 Documents including the Specially Designated Secrets Termination of the designation: 0, Expiration of term of designation: 0, Extension of term of designation: 0, Whistle-blowing: 0, Request from the Diet: 0 (from 10 December 2014 to 31 December 2014) 13
(2) Peace and Security Acts of 2015 and Actions Requiring Prior Diet Approval The Diet passed the Peace and Security Acts on 19 September 2015 Agreement between ruling coalition and some opposition parties to enhance involvement of the Diet Expansion of scope of actions requiring prior Diet approval Reports about Self-Defense Force operations every 180 days Agreement guaranteed by committee resolution (H. C. 17 September) and the Cabinet decision (19 September) Continued negotiations regarding establishment of an organization in the Diet for oversight of the Self Defense Forces 14
5. Conclusion Legislative oversight of the Diet has often been enhanced: Reform in 1997 and two other recent reforms Standing committees in both Houses still play a significant role in oversight of the Executive branch through legislative processes and deliberations on the budget Coordination of activities between standing committees and the committees on oversight remains an issue 15
Thank you for your kind attention 16