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Cabinet may have Legislature reconsider law revisions: Premier

05/31/2024 07:03 PM
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New Premier Cho Jung-tai delivers his first first report to the Legislative Yuan on Friday. CNA photo May 31, 2024
New Premier Cho Jung-tai delivers his first first report to the Legislative Yuan on Friday. CNA photo May 31, 2024

Taipei, May 31 (CNA) The Cabinet may have the Legislature reconsider recently passed amendments aimed at checking the president's and Cabinet's powers and strengthening the Legislature's ability to investigate corruption, Premier Cho Jung-tai (卓榮泰) said Friday.

Cho raised the possibility in his first report to the Legislative Yuan, less than two weeks after he and members of his Cabinet assumed their duties on May 20.

Cho contended that the amendments that the Legislature passed on May 28 risk violating the separation of powers, infringing upon people's rights, and contravening the principles of clarity and proportionality in the legislative process.

Update: Cabinet to have Legislature reconsider 'unconstitutional' amendments (June 6)

The powers he mentioned refer to the different powers endowed to the five branches of the government -- the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan -- under the Constitution of the Republic of China, Taiwan's official name.

The new premier said some people took to the streets over the past week to express their concerns over the deliberations that led up to passage of the amendments, which they feared lacked procedural justice.

The Executive Yuan will seek remedies according to procedures stipulated in the Constitution if it finds the amendments unconstitutional and hence unable to implement, Cho said.

His first option is to send the revisions back to Legislature, with the approval of the president, and try to get lawmakers to reconsider the measures.

But if the Legislature passes the revisions again, then the ruling Democratic Progressive Party (DPP) could have its lawmakers move to ask the Constitutional Court for a ruling on the measures' constitutionality.

Cho was referring to the revisions that would give the Legislature new investigative powers and the power to hold hearings, which include potentially imposing penalties on public officials and related individuals if they refuse to attend or provide information, or present false information.

The amendments also require the president's presence at the Legislative Yuan every year to give a state of the nation address and then answer questions after the speech.

According to Article 3-2 (2) of the Additional Articles of the Constitution of the Republic of China, if the Executive Yuan finds a bill passed by the Legislative Yuan difficult to execute, it can, provided that it has the president's approval, request the Legislature's reconsideration within 10 days of receiving the bill.

Before appearing at the Legislature, Cho and senior Cabinet members met separately with the caucus of the ruling DPP, as well as with those of the opposition Kuomintang and Taiwan People's Party, which proposed the legislative reform bills.

The opposition parties have argued the passed amendments play a vital role in the improvement of Taiwan's democracy, pointing out that the power endowed to the Legislature in the amendments to hold hearings and conduct investigations is readily available in many other democraties, such as the United States and the United Kingdom. 

In his report, the premier also reaffirmed the new Cabinet's commitment to implementing President Lai Ching-te's (賴清德) policy proposals, including ramping up efforts to combat crime and promoting the development of green energy in the country.

The government will update its "next-generation anti-fraud strategy guidelines" first introduced in July 2022 as soon as possible and set up a fraud reporting platform, as part of efforts to raise its capabilities to fight against fraud, Cho said.

The premier also expressed hope that the anti-fraud package, which the Cabinet sent to the Legislature earlier this month for review, would be approved soon.

The proposed package would hold multinational digital companies offering advertising services accountable for fraudulent content on their platforms and increase penalties for those convicted of fraud.

In the meantime, Cho said, the government will continue working toward its goals of reaching net-zero emissions by 2050 and promoting a nuclear free nation while striving to maintain a stable and secure energy supply.

The government plans to invest NT$900 billion (US$27.68 billion) in energy transition by 2030 and attract additional investment with the aim of turning the challenge of climate change into opportunities for green energy growth, he added.

The opposition parties, however, have insisted that the handling of past and future major investments is one reason why legislative oversight is needed.

Receiving a combined 60 percent of the votes in the January presidential election, both opposition parties during the campaign and afterwards questioned the DPP's allotment of contracts for major investments in various sectors, as well as its handling of Taiwan's locally manufactured COVID-19 vaccine.

(By Teng Pei-ju)

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