ECFA review consensus reached
SAVING FACE: The DPP says the consensus, which has been put in writing, means
lawmakers will take an ‘individual review, individual vote and package vote
approach’
By Shih Hsiu-chuan and Vincent Y. Chao
STAFF REPORTERS
Tuesday, Aug 17, 2010, Page 1
Provisional session agenda |
Passage of the Economic Cooperation
Framework Agreement (ECFA) and the Cross-Strait Cooperation Agreement
on Intellectual Property Rights (IPR) Protection (IPR agreement), which
Taiwan signed with China in June
The ECFA sets out the framework for Taiwan and China to expand market
access step-by-step in future negotiations, with an “early harvest list”
of market liberalization in certain goods and services sectors. The IPR
agreement enables Taiwan and China to increase exchanges and
cooperation to boost protection of patents, trademarks, copyrights and
plant variety rights.
Amendments to the Trademark Act (商標法), the Patent Act (專利法), the Customs
Import Tariff Act (海關進口稅則) and the Plant Variety and Plant Seed Act
(植物品種及種苗法)
The acts shall be amended to allow for the implementation of the ECFA
and the IPR agreement.
Amendments to the Act Governing Relations Between the Peoples of the
Taiwan Area and the Mainland Area (台灣地區與大陸地區人民關係條例), the Vocational
School Act (專科學校法) and the University Act (大學法)
The amendments will allow the government to carry out President Ma Ying-jeou’s
(馬英九) election pledge to recognize Chinese educational credentials and
open up Taiwanese universities to Chinese students. At present, Chinese
students are only allowed to study in the country for short-term
research purposes.
Amendment to the Civil Servants Election and Recall Act (公職人員選舉罷免法)
The Non-partisan Solidarity Union (NPSU) introduced the amendment, which
was supported by the Chinese Nationalist Party (KMT). It stipulates that
demarcation of constituency boundaries in the current (seventh)
legislative term be applied to next year’s election and that the
constituency boundaries only be reviewed every 10 years. The NPSU and
the KMT presented the proposal because they opposed a bill proposed by
the Central Election Commission (CEC). Under the CEC proposal, the
number of districts in Greater Kaohsiung, a municipality to be formed
through the merger of Kaohsiung City and Kaohsiung County after Dec. 25,
would have one less seat than in the seventh legislative term; while the
number of seats in Greater Tainan — a municipality to be upgraded
through the merger of Tainan City and Tainan County — would see a
one-seat increase in the next legislative term. The Democratic
Progressive Party (DPP) supports the CEC version, saying the NPSU-KMT
bill violates the Constitution because Greater Tainan would be entitled
to have one more seat in relation to its population size after Dec. 25.
Amendments to the ROC Office of the President Organization Act
(中華民國總統府組織法)
An amendment was initiated by the Executive Yuan stipulating that the
Presidential Office set up a legal affairs committee. Other amendments
presented by KMT lawmakers suggested that senior national policy
advisors and consultants to the Presidential Office serve without
remuneration.
Amendments to the Organic Law of the Ministry of Justice (法務部組織法) and a
draft organic law of the agency of correction under the Ministry of
Justice (法務部矯正署組織法).
The government-initiated bill aims to elevate the status of the
Department of Correction, responsible for the administration of the
prison system, to enhance its functions.
Amendment to the Tobacco and Liquor Tax Act (菸酒稅法)
The bill proposed by the Executive Yuan suggestes that rice wine be
categorized as “cooking wine” rather than “distilled liquor,” which
would reduce the price of a 600ml bottle of rice wine from NT$50 to
NT$25.
Amendments to the Act Governing Preferential Treatment for Retired
Presidents and Vice Presidents (卸任總統副總統禮遇條例)
KMT lawmakers suggested temporarily suspending preferential treatment
given to former presidents and vice presidents who are convicted in a
first trial.
Amendment to the National Health Insurance Act (全民健康保險法)
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If the amendment passes the legislature, the new system, known as the
second-generation national health insurance system, would calculate insurance
premiums based on the insured person’s overall household income, including stock
dividends, bonuses and rental income, rather than individual income solely based
on payroll income, as under the current system, which would expand the overall
income base for the national health insurance fund.
The Chinese Nationalist Party (KMT)-dominated legislature is expected to ratify
the Economic Cooperation Framework Agreement (ECFA) and amendments to related
legislation as early as tomorrow after a consensus on how to review the pact was
reached yesterday.
The consensus, pending confirmation at the legislature’s plenary session today,
is expected to defuse the possibility of a boycott by Democratic Progressive
Party (DPP) lawmakers should they be denied the right to vote on the agreement
article by article.
The DPP is expected to propose to revise each of the 16 articles in the text of
the ECFA and each of the motions to revise each article will be voted on. That
will be followed by a motion by the KMT to vote on the ECFA as a whole package.
Sources at the legislature said Legislative Speaker Wang Jin-pyng (王金平) had
broached the idea with President Ma Ying-jeou (馬英九), who had previously insisted
that the legislature either ratify or reject the ECFA as a whole, saying it
could not revise the content of the ECFA.
KMT caucus whip Lin Hung-chih (林鴻池) said each article of the DPP’s version would
be voted on, but that would not be tantamount to an article-by-article vote on
the ECFA.
Lin said the KMT would agree to vote on the DPP’s motion to revise each article
and when the motion had been voted down there would be no need to vote on the
content of the DPP’s proposal.
“We will not vote on the contents of each article proposed by the DPP,” Lin
said.
According to the consensus, the KMT will propose a motion to vote on the ECFA as
a whole after the DPP fails in each of its motions to revise the agreement.
“Only then will the contents of the ECFA will be voted on, in the form of a
package,” Lin said.
DPP lawmakers were optimistic over the preliminary consensus, saying it
addressed their requests for a clause-by-clause vote.
The compromise should break months of gridlock over the legislature’s role in
reviewing the agreement. It should also mean that DPP lawmakers will not walk
out of tomorrow’s session.
“We are satisfied with the compromise, it gives the DPP what we want and saves
face for the KMT, since that’s what they wanted all along,” DPP Legislator Kuan
Bi-ling (管碧玲) said.
DPP lawmakers have said that the consensus, which they say has been put into
writing and signed, means the legislature will take an “individual review,
individual vote and package vote approach,” fulfilling the requests of both
parties.
While the wording of the agreement does not explicitly state that lawmakers
would be granted a clause-by-clause vote, opposition party lawmakers said it was
made clear through their negotiations that they would be granted a vote on
individual clauses.
“Of course ‘handling it by procedure’ means holding a vote, each article at a
time,” DPP Legislator Pan Meng-an (潘孟安) said in reference to the wording on the
signed copy of the consensus. “It can’t mean anything else.”
Pan said five representatives from the DPP, five from the KMT and one
independent lawmaker would first review, then raise questions on each clause.
After that has been completed, all 113 lawmakers in the legislature would be
allowed a vote on the article.
While the vote is expected to have no binding effect, a record of it will be
attached to the final ECFA bill when it is voted on as a package.
The compromise came hours after DPP Chairperson Tsai Ing-wen (蔡英文) met the DPP
caucus and said the party would not waver from its demands.
“We are committed to holding a substantial review with a discussion and vote on
every clause,” she said after the morning meeting. “The DPP is completely
against a package vote.”
Tsai said that while similar agreements in other countries have been subject to
a package vote, it was either because the legislature pre-authorized economic
negotiations or because of its full participation in the negotiation process.
“However, in the case of Taiwan’s talks with [China] on the ECFA, government
officials did not allow either input or monitoring by elected representatives,”
she said.
The DPP says the agreement will have an impact on traditional industries and
middle-class salaries because of an influx of cheaper goods from China.
A hotly debated issue is Article 16 of the ECFA, in which Taiwan would have to
wait at least 180 days before it could terminate the agreement in the event of a
breakdown in cross-strait talks.
The DPP has criticized the clause, saying that Taiwan would have no way to
immediately back out of the ECFA if it was found to be damaging the economy. KMT
lawmakers say the clause is essential to protect Taiwanese businesses in China.
Lawmakers yesterday voted against the DPP’s motion that the legislature, during
the second provisional session, initiate a referendum on the ECFA and revise the
Act Governing the Allocation of Government Revenues and Expenditures (財政收支劃分法)
to ensure that counties and cities that are to be upgraded to a municipality
after Dec. 25 receive more funds from the central government.
The KMT’s proposal to ratify the ECFA, the Cross-Strait Cooperation Agreement on
Intellectual Property Rights Protection and other bills during the second
provisional session was confirmed.
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