Monday, December 23, 2013

Absurd Concept of "Government-Opposition Harmony"

Absurd Concept of "Government-Opposition Harmony"
China Times editorial (Taipei, Taiwan, Republic of China)
A Translation
December 24, 2013


Summary: The cross-Strait trade in services agreement has been long delayed. Recently reports emerged that the KMT legislative caucus would ask Internal Affairs Committee members to review the trade in services agreement, and would "fully mobilize to ensure its passage." But as soon as the news broke, the Green Camp lashed out. It said, "If [the KMT] insists on forcing the issue and reviewing the agreement, it will destroy government-opposition harmony, and probably lead to bloodshed!" The "harmony above all" concept may be the final straw that destroys Taiwan's chances of survival and prosperity.

Full text below:

The cross-Strait trade in services agreement has been long delayed. Recently reports emerged that because KMT Chairman Ma had "high expectations," the KMT legislative caucus would ask Internal Affairs Committee members to review the trade in services agreement, and would "fully mobilize to ensure its passage." But as soon as the news broke, the Green Camp lashed out. It said, "If [the KMT] insists on forcing the issue and reviewing the agreement, it will destroy government-opposition harmony, and probably lead to bloodshed!" DPP legislative caucus chief convener Ker Chien-ming declared that "We'll see whether they dare!"

Many initially assumed that the KMT legislative caucus had grown a spine. After all, President Ma Ying-jeou is genuinely concerned about the status of the trade in services agreement in the legislature. He has repeatedly expressed hope that it be passed before the current legislature adjourns. President Ma is deeply concerned about the trade in services agreement, but not because he is afraid of losing face. Nor is he bending to alleged "CCP pressure." He is concerned because the trade in services agreement is vital to Taiwan's regional economic integration. It bolsters Taiwan's competitiveness among the major economies of East Asia.

Alas, much thunder was followed by little rain. Two days later, the ruling and opposition legislative caucuses announced a compromise. They agreed to hold a final public hearing on March 10 of next year. Only then would the Internal Affairs Committee examine the agreement in detail. This confirmed that the agreement cannot even be reviewed during the current session.

Rumors emerged that the KMT was finally growing a spine. Hopes were that the trade in services agreement could be reviewed during the current session. But Wang Jin-pyng disagreed. He said "It is unlikely that it can go forward without talks. Ruling and opposition party harmony is important. Better that we coordinate first, and deal with it later." "Without coordination there will always be many problems." It is understandable that the Speaker of the Legislature would stress ruling and opposition harmony and public consultations. But should harmony really trump all else? That is debatable.

First, take party politics. The basic principle of party politics is that the majority party governs, while the minority party provides oversight. The ruling party does what it can to persuade people to support its policies. It courageously and resolutely promotes its policies. The opposition party provides oversight. It also offers policy alternatives and manpower. This helps it win future elections. This relationship between governing and oversight is fundamental to political competition, free expression, democratic decision-making, majority rule, and respect for the minority. There is, in truth, no room for the "harmony above all" concept. We are not advocating conflict. We are rejecting deceit. The "harmony above all" concept undermines party politics. It weakens the ability of those in power to promote its policies. It prevents legislative review and a vote on bills. It undermines the democratic principle of majority rule.

Secondly, examine the Legislative Yuan from a practical perspective. The ruling and opposition parties previously reached an agreement. But the trade in services agreement is subject to legislative review and approval. It should not be a package deal. Until it has been reviewed by the Legislative Yuan, the provisions must not take effect. The ruling and opposition parties consulted in August. They agreed that the Internal Affairs Committee would hold 16 public hearings. The agreement would then undergo detailed review. The DPP is adept at obstructionism. It exploits the KMT's foolish concessions and carelessness regarding the circumstances under which public hearings will be held. The DPP continues to delay public hearings.

Faced with DPP delaying tactics, Wang Jin-pyng said the DPP public hearing schedule is too piecemeal. He said he would coordinate with the DPP legislative caucus to advance the public hearing schedule and allow the agreement to undergo early review. Speaker of the Legislature Wang is ostensibly a man of his word. He is chummy with Green Camp legislators. But the so-called coordination never happened. Instead, under the rubric of "harmony" between the ruling and opposition parties, the agreement was delayed from one session to the next. The review cannot take place before mid-March next year. Nor does the uncertainty end there. Politics at home are troubled. We have no assurance the DPP will not raise new objections, invoke new excuses, and resort to new tactics to delay review of the trade in services agreement. Will this be the result of Speaker Wang's "harmony above all" concept?

In fact, those opposed to the agreement already have a new proposal. They are preparing to thwart all cross-strait economic and trade agreements, including the trade in services agreement. They are arguing that the legislature should first hammer out "cross-Strait agreement oversight regulations." and a "[Mainland] Chinese Investments in Taiwan Act." They also want to amend the Overseas Chinese and Foreign Investment Regulations, the Employment Services Act, and the Mergers and Acquisitions Law. They insist that until the relevant legal procedures have been completed, the trade in services agreement may not undergo review. They have concocted all manner of plausible pretexts, including the prior establishment of an employment safety net. In fact, they are merely erecting obstacles to cross-Strait exchanges. They are merely putting Mainland investments in a special category and stigmatizing them. They are merely attempting to suppress the development of cross-Strait economic and trade relations.

Many DPP legislators now echo this sentiment. The KMT is inept. The DPP is narrow minded. The "harmony above all" concept may be the final straw that destroys Taiwan's chances of survival and prosperity.

社論-荒唐的朝野和諧至上論
稍後再讀
中國時報 本報訊 2013年12月24日 04:10
    跟隨 @tw_chinatimes

關於千呼萬喚出不來的兩岸服貿協議,最近又有了幾則新聞。首先,媒體報導,在國民黨馬主席的「高度期許」下,國民黨立院黨團一度宣稱將要在內政委員會安排審查兩岸服務貿易協議,同時會「全力動員,務必拚過關」。消息一出,綠營立刻強烈反應,表示「若硬闖、硬審,撕裂朝野決議,恐上演流血事件!」民進黨團總召柯建銘更是嗆聲,聲言「那就看他們敢不敢排!」

原本,不少人還誤以為國民黨團真的硬了起來,畢竟,馬英九總統十分在意服貿協議的審查進度,更多次表達盼能在立法院本會期結束前通過。馬總統重視服貿協議的問題,恐怕不是因為面子問題,也不是在野黨所說的「中共施壓」,其根本原因還在於服貿協議對台灣加入經濟區域整合相當重要,對於維持、強化台灣與東亞各大經濟體的競爭態勢也有很大幫助。

只不過,雷聲大、雨點小,所謂國民黨「硬闖」的新聞傳出沒兩天,立法院朝野協商就傳出國民黨再度妥協的消息,根據協商結果,要到明年3月10日前辦完最後一場公聽會後,內政委員會才能安排服貿協議的實質審查,確定服貿協議本會期連進入實質審查都不可得。

在傳出國民黨準備「硬起來」,希望在本會期開始審查服貿協議時,立法院長王金平則表達了不同意的態度,他表示「不太可能沒談好就進行,朝野和諧很重要,應盡量協調再處理較好」,「沒協調好就處理總是問題多多」。身為國會議長,重視朝野協商的共識,重視朝野的和諧,當然可以理解,問題是,這樣的「和諧至上論」是否成立,是否不容質疑,還有很大的討論空間。

首先,從政黨政治的原理來看,政黨政治的基本原則是多數黨執政,少數黨監督,執政者就是要窮盡各種辦法,讓民眾支持其政策,同時也要勇敢的、堅定的推動政策,而監督者除了善盡監督之責外,也要提出政策對案和儲備人才,以便在未來的選舉中求取勝利,爭取執政。在這種執政與監督的關係中,本質是政黨競爭、自由討論、民主決策,少數服從多數,多數尊重少數,至於所謂的「和諧至上論」其實不應有存在的空間,這不是鼓吹衝突,而是不該用虛假的、違反政黨政治原理的朝野和諧論,來削弱執政者的政策推動權,來牽制國會的法案審查與表決,來否定多數決的基本民主原理。

其次,從立法院的實際運作來看,固然先前朝野協商的結果,服貿協議須在立法院逐條審查、表決,不得全案包裹表決,同時非經立法院實質審查通過,不得啟動生效條款。另一方面,8月立法院朝野協商的結果則是需先於內政委員會召開16場公聽會後,服貿方可進入實質審查。善於議事杯葛的民進黨,就利用國民黨愚蠢讓步、又粗心大意未明定公聽會舉辦期限的情況下,不斷拖延公聽會的舉辦。

面對民進黨的拖延戰術,王金平院長自己都曾表示,民進黨排定公聽會時程過於零散,他將與民進黨立院黨團協調縮短公聽會排程,讓服貿協議及早審查。以王院長在立法院一言九鼎的地位、又與眾多綠營立委交情匪淺的情況下,所謂的協調竟然完全未能發生任何作用,反而是在朝野和諧的大帽子下,任由服貿協議一個會期拖過一個會期,最快要到明年3月中才能進入審查。更充滿不確定因素的是,以國內政壇如今處於多事之秋的局面,難保民進黨屆時不會再以新的議題、新的藉口、新的戰術來拖延服貿審查。難道,這就是王院長力主「和諧至上論」的結局嗎?

事實上,打著反服貿旗幟的團體已經提出新的主張,準備釜底抽薪來阻撓包括服貿在內的所有兩岸經貿協議,他們主張國會應先制訂「兩岸協議簽訂與監督條例」和「中資來台投資條例」,還要著手修改《華僑及外人投資條例》、《就業服務法》、《企業併購法》等等法案,而宣稱在未完備相關法制前,服貿協議不應進入審議程序。他們拿出建構就業安全網等美好的理由,實際上是要搭設重重障礙,將兩岸關係、大陸投資等徹底「特殊化」、「汙名化」,企圖箝制兩岸經貿關係的發展。

目前已經不少民進黨立委呼應這樣的主張,面對如此束手無策的國民黨和心態偏狹的民進黨,所謂的「朝野和諧至上論」難道不是拖垮台灣生存發展機會的最後一根稻草嗎!

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