8
Chan, was a member of Lee’s faction, rather than the reformist faction
.
During this delay, two
legislators from the Democratic Progressive Party (DPP) (1993) and KMT (1994) introduced
alternative drafts of an APA. Interestingly, the opposition DPP legislator introduced the panel’s
version. Shortly thereafter, the KMT legislator invited a legislator from the New Party (a party
composed of right wing former KMT members who defected in 1993) to promote TAPA. After
reviewing the various versions, the New Party legislator drafted her version and introduced it
with another legislator from her party. She commented:
“…After I proposed my version, the Executive Yuan [cabinet ministers and bureaucrats]
tried everything they could to stop the passage of such a law. The Executive Yuan…of
course, understandably opposed the passage of replacing administrative orders or
regulations with formal law. I can understand their situation but I totally disagree.
What I mean is that if I was a bureaucrat, I would want as much discretion as possible
and not be constrained by procedures mandated by law.”
3
According to several interview subjects, the Executive Yuan’s opposition to the
substance of TAPA afforded the legislature more opportunities to manipulate the legislative
process. For example, the New Party legislators were able to invite many scholars to participate
in the process, thereby increasing the Act’s legitimacy and broadening support for a more
comprehensive TAPA. Prior to the final resolution, there was a closed session, involving cross-
party negotiations. The version that passed in 1999, as part of a 20+-law package, included
approximately 75-80% of the most-comprehensive 1990 panel version.
The basic provisions include a public notice and comment process of all regulations,
public access to agencies’ information, notification of all public hearings, and judicial review of
administrative actions. These provisions are designed to increase the degree of public
information, participation, and accountability of agency decisions. Bureaucrats interested in
continuing corrupt practices were the clear losers.
3
Interview with author, Taipei, Taiwan, 7/17/00.
Convention