1. 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

2. Contents 1. Structures of Japanese Government
2. Structures and Functions of the Diet
3. Enhancement of Legislative Oversight in 1997
4. 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

3. 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

4. 2. Structures and Functions of the Diet
The 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

5. (2) Functions Legislation/Law-making Budgetary control
Approval of treaties
Designation of the Prime Minster/Establishment of the Cabinet
Oversight of the Executive branch

6. (3) Oversight of the Executive branch
Features 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)

7. 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 1997
Establishment 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

8. (2) Functions (3) Activities
Requesting the Board of Audit to audit specific matters
Each house or committee may make requests of the Board of Audit
Preliminary Research (H. R.)
A committee resolution or requests from 40 or more members
(3) Activities
The Committee on Oversight
Resolutions for recommendations to the Executive branch
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
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
Total
H. R. 20 14 18 35 19 16 13 6 5
304
H. C. 11 12 17 10 7 8 9 4
171

9. Number of Requests to the Board of Audit and Preliminary Research 1998-2015
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 2 7 5 6 3 9 49
Preliminary Research
(H. R.) 4 - 46
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

10. 4. Recent Reforms for Enhancement of Legislative 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 2014
Establishment of a Board of Oversight and Review of Specially Designated Secrets in both Houses (10 December 2014)

11. Organization (ii) Functions
The 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) Functions
Oversight 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 recommendations

12. (iii) Activities
Meetings 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

13. 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 data
Specially
Designated Secrets
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

14. (2) Peace and Security Acts of 2015 and Actions Requiring Prior Diet Approval
The Diet passed the Peace and Security Acts on 19 September 2015
Agreement 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

15. 5. Conclusion
Legislative oversight of the Diet has often been enhanced: Reform in 1997 and two other recent reforms
Standing committees in both Houses still play a significant role in oversight of the Executive branch through legislative processes and deliberations on the budget
Coordination of activities between standing committees and the committees on oversight remains an issue

16. Thank you for your kind attention