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Independence must be respected
By Chen Ping-hung 陳炳宏
Friday, Aug 13, 2010, Page 8
In recent weeks several incidents have raised important
questions about how we should view independent institutions in Taiwan. Examples
include debate over the status and powers of the planned anti-corruption
commission; an argument over decision-making at the National Communications
Commission (NCC); and an increase in the number of directors at Public
Television Service (PTS) through a legislative amendment to the Public
Television Act (公共電視法).
These incidents unfortunately show that in many cases independent institutions
are not accorded the respect they deserve.
The question of whether an anti-corruption commission should be established has
focused on the independence of such an institution, including questions about
its status, responsibilities and administrative powers. On the whole, the debate
has stressed the need to respect independent institutions.
In contrast, there has been much less discussion about the changes at the NCC
and PTS. The independence of these institutions has recently been the focus of
controversy, making them worthy of further attention and investigation.
Take, for example, the legislature’s decision to increase the number of PTS
board directors by amending the Public Television Act. The PTS is an important
organization and its independence should be respected. However, the only stated
reason for the legislative amendment was to increase its diversity. The Chinese
Nationalist Party (KMT) used its legislative majority to increase the size of
the board, from 11 to 15 members, to 17 to 21. Unfortunately, the party’s
legislative caucus did not feel the need to explain why.
Has the board really displayed such a lack of diversity over the last 10 years
that the KMT had to increase the number of directors immediately on returning to
power?
The KMT government has only triggered speculation that it made the move to
weaken the influence of those directors appointed by the previous Democratic
Progressive Party (DPP) government. This constitutes an excellent example of
lack of respect for an independent institution.
The same thing happened at the NCC, with the legislature proposing amendments
that may undermine the NCC’s independence. For example, legislators want to be
able to fire commission members who don’t perform well. As a demonstration of
administrative unity, the legislature and the Cabinet are considering working
together to change the current collegiate system to an executive system, with
the chairman appointed by the Cabinet.
Consider what would happen to the commission’s independence if the legislature
were to approve these changes.
If everyone could understand and respect the importance of independent
institutions, then even if legislators felt they had to make such decisions,
they would at least take other opinions into account by discussing the matter
with non-governmental organizations in order to reach a conclusion that would
optimize the benefits rather than just pushing ahead with changes regardless of
disagreement.
For example, it would not be that difficult to organize public hearings to hold
more detailed discussions on whether the commission should maintain its
collegiate system or how to evaluate the performance of its members.
Officials do not know everything simply by virtue of being officials and they
cannot execute the powers of their office as they please simply because they are
elected or hold power. Behaving in that way merely reinforces the belief that
they do not understand that independent institutions demand respect.
Of course, the legislature has the power to make decisions in the name of the
public, but if legislators really understood the responsibility that comes with
being the highest representative institution in the land, they would not
willfully amend laws without any consideration of the consequences. Instead,
they would listen to public opinion with humility, particularly when it comes to
independent institutions.
Lawmakers should consult more with non-governmental organizations because if
they do not it will not matter how many independent institutions we have or how
well they are organized.
As long as our elected representative institutions remain so unruly and
self-indulgent, anything they say will be untrustworthy. This is true whether we
are talking about the establishment of the anti-corruption commission, the NCC’s
decision-making system or the PTS board of directors. This is what lies at the
heart of the conflict over these institutions and it is something the government
needs to think long and hard about.
The Ma administration must learn how to respect supposedly independent
institutions or take responsibility for the consequences of its inability to do
so.
Chen Ping-hung is a professor at the Graduate Institute of
Mass Communication at National Taiwan Normal University.
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