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
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Recent Developmentsin the Legislative Oversight
of the Executive Branch in Japan
THE 6th INTERNATIONAL SEMINARFOR PARLIAMENTARY RESEARCH SERVICES
18 November 2015, Seoul
Yasushi ChosaPolitics and Parliamentary Affairs Division
Research and Legislative Reference BureauNational Diet Library, JAPAN
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Contents1. Structures of Japanese Government2. Structures and Functions of the Diet3. Enhancement of Legislative Oversight in 19974. 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
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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
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2. Structures and Functions of the Diet
(1) StructuresThe 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
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(2) FunctionsLegislation/Law-makingBudgetary controlApproval of treatiesDesignation of the Prime Minster/Establishment
of the CabinetOversight of the Executive branch
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(3) Oversight of the Executive branchFeatures 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)
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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 1997Establishment 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) FunctionsRequesting the Board of Audit to audit specific matters
• Each house or committee may make requests of the Board of AuditPreliminary Research (H. R.)
• A committee resolution or requests from 40 or more members
(3) ActivitiesThe 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 1998-20151998 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
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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
1 0 1 0 0 0 0 2 7 5 6 5 3 1 9 6 1 2 49
Preliminary Research(H. R.)
4 5 3 0 4 0 4 5 4 6 9 1 1 0 0 0 0 - 46
Number of Requests to the Board of Audit and Preliminary Research 1998-2015
• 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
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4. Recent Reforms for Enhancement ofLegislative 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 2014Establishment of a Board of Oversight and Review of Specially
Designated Secrets in both Houses (10 December 2014)
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(i) OrganizationThe 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) FunctionsOversight 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
recommendations11
(iii) ActivitiesMeetings held during the 189th 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
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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)
• 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)
Period of dataSpeciallyDesignatedSecrets
Documents including the 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
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(2) Peace and Security Acts of 2015 and Actions Requiring Prior Diet Approval
The Diet passed the Peace and Security Acts on 19 September 2015Agreement 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
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5. Conclusion
Legislative oversight of the Diet has often been enhanced: Reform in 1997 and two other recent reformsStanding committees in both Houses still play a significant
role in oversight of the Executive branch through legislative processes and deliberations on the budgetCoordination of activities between standing committees and
the committees on oversight remains an issue
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Thank you for your kind attention
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