June 9, 2014
Mac News Release No. 053
Chairperson of the Democratic Progressive Party (DPP), Tsai Ing-wen,
made numerous unfactual misinterpretations regarding the Executive Yuan draft version
of the Cross-Strait Agreement Supervisory Act during an Enlarged Policy Meeting
before the Legislative Yuan Extraordinary Session today (June 9, 2014). The Mainland
Affairs Council (MAC) expresses regrets and hereby issues the following clarification:
1. The government’s promotion of cross-strait agreements is aimed
to further normalize and institutionalize cross-strait exchanges and enhance mutual
understanding between the two sides. The Supervisory Act should therefore be formulated
in accordance to the principle that the "cross-strait exchanges must continue and
Supervisory Act must be feasible" in order to avoid the Act from becoming a "Failure
to Sign Cross-Strait Agreements Act", which would impact cross-strait relations.
Therefore, on the basis of the Act Governing Relations between the People of the
Taiwan Area and the Mainland Area, the MAC has drafted a constitutional, pragmatic
and feasible Statute for the Processing and Monitoring of Agreements between the
Taiwan Area and the Mainland Area. The draft statute integrates a "four-stage external
communication and consultation mechanism" and "national security review mechanism."
It also refers to the bill versions proposed by all sides and the precedent of the
Legislative Yuan, as well as corresponds to the positioning of cross-strait relations
and the separation of executive and legislative powers principle stipulated in the
ROC Constitution.
2. The Executive Yuan draft version specifies that the executive
branch shall communicate and consult with the Legislative Yuan and the general public
at the four stages of "negotiation issue formation," "operational talks on negotiation
issues," "before signing the agreement," and "after signing the agreement." The
draft also stipulates that the views of the Legislative Yuan and general public
shall serve as important references in the processes of agreement negotiation, signing
and implementation. Signed cross-strait agreements shall be submitted to the Legislative
Yuan either for review or record as mandated by law, where the Legislative Yuan
is allowed full advance procedural participation and full post execution supervision
powers.
3. The Executive Yuan draft version also institutes a "national
security review mechanism", a procedurally rigorous "impact assessment mechanism"
involving the participation of relevant agencies, scholars and experts and mandating
impact assessments in a comprehensive range of review areas, including that of defense
and military, technology, cross-strait relations, diplomacy and international relations,
the economy, employment, society, and information. Relevant government agencies
are also required to provide impact assessment reports for review. Following review
under the national security review mechanism, the executive branch shall explain
impact assessment and response plan to congress, as well as hold public hearings
for explanation to involved industries and the general public. After the agreement
signing, the executive branch must also propose supporting measures and implementation
plans, including industry assistance and remedies. The supporting measures will
be comprehensive and the process transparent.
4. The Executive Yuan version of the bill thus allows congress
full advance participation and full post execution supervision powers. It also includes
a comprehensive and rigorous impact assessment mechanism, industry response plan
and remedial measures, public communication, and a mechanism to monitor review resolutions.
Chairperson Tsai's allegations that the Executive Yuan’s draft version would make
"supervision impossible" and amount to "black box legalization" demonstrate a lack
of accurate understanding for facts, to which, the MAC expresses deep regrets.
5. A public opinion survey commissioned by the MAC indicated
that the great majority of the public believe that requiring the executive branch
to communicate and consult with congress and the public at each stage in the signing
of cross-strait agreements and to respect Legislative Yuan procedures of review
or recording for future reference, along with measures such as national security
review would be conducive to increasing openness and transparency of negotiations
and public participation (73.2%), and to improving congressional oversight (73.9%)
and national security (72.6%). The Executive Yuan version of the bill was drafted
in accordance with public opinion and the government hopes that the legislative
process may be completed as soon as possible.