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
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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
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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) Structures
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
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(2) Functions
Legislation/Law-making
Budgetary control
Approval of treaties
Designation of the Prime Minster/Establishment
of the Cabinet
Oversight of the Executive branch
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(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)
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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 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
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(2) Functions
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 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 1998-2015
1998
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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Number of Requests to the Board of Audit and Preliminary Research
1998-2015
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
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Preliminary
Research
(H. R.)
4
5
3
0
4
0
4
5
4
6
9
1
1
0
0
0
0
-
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• 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 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)
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(i) Organization
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
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(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
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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)
Period of data
Specially
Designated
Secrets
Documents
including the
Specially
Designated Secrets
10/12/2014~31/12/2014
382
189,193
Additional Data 10/12/2014~30/06/2015
417
230,121
Annual Report
• 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
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(from 10 December 2014 to 31 December 2014)
(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
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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
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Thank you for your kind attention
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