Legislative Yuan Benefits: No Legal Basis, No Benefits

Legislative Yuan Benefits: No Legal Basis, No Benefits
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation
November 1, 2012

Summary: Legislators have been receiving "nine illegal fringe benefits." What's worse, legislators have been haggling over which of these benefits they must give up. A just solution will only be found in the moral high ground, in constitutionalism and the rule of law.

Full Text below:

Legislators have been receiving "nine illegal fringe benefits." What's worse, legislators have been haggling over which of these benefits they must give up. A just solution will only be found in the moral high ground, in constitutionalism and the rule of law.

This newspaper has stressed this from the very beginning. This particular scandal involves two major issues. One. The lack of any legal basis for these fringe benefits. Legislative Yuan President Wang Jinping cited Article 32 of the Legislative Yuan Organization Law. But Wang was "pointing at a deer and calling it a horse." He was confounding right and wrong. He dismissed his blunder as a legal technicality. But these same legislators have been mercilessly slashing condolence payments for military veterans, civil service employees, and public school teachers. They essentially hoist themselves on their own petard. Two. The illegal benefits are misnamed. For example, legislators who do not live at the Taan Hostel receive a 18,000 NT monthly subsidy. They receive at least three different transportation allowances, under three different names. This is not an isolated case.

From a constitutional law perspective, we can hardly remain silent. The Legislative Yuan is the highest law-making body in the land. Can it look people in the eye and tell them the law means nothing? Can members of the highest law-making body in the land really be allowed to pocket such huge subsidies? How can they explain themselves to the people? How can they look themselves in the eye? The Legislative Yuan is supposed to provide checks and balances on the Executive Yuan. It is the main battlefield for party politics. Legislators question members of the Executive. But as the saying goes, "And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?" Is there any constitutionalism or rule of law left to speak of?

Consider the moral high ground of constitutionalism and the rule of law. The Legislative Yuan is the highest law-making body in the land. It must be the champion of justice, both substantively and procedurally. Yet every member of the Legislative Yuan has been illegally pocketing huge sums of illegal benefts. Justice, substantive or procedural, no longer exists. This scandal represents a decline in official ethics. Worse, it represents a gross violation of the constitution. But no one from the President of the Legislative Yuan on down has shown any sense of shame. Instead they have been haggling over which benefits they need not relinquish. They have been attempting to legalize their conduct, after the fact. In their eyes, the constitution is irrelevant. In their eyes, the law is irrelevant. In their eyes, the nationwide outrage is irrelevant. Is this conduct becoming of the nation's highest legislative body? Just how far do the 113 legislators of the KMT, DPP and other parties intend to go in their destruction of the constitution? Just how badly do they intend to undermine the dignity of the constitution and the credibility of the legislature?

Do legislators want to uphold constitutionism and the rule of law? Do they want the public to respect the rule of law? If they do, the Legislative Yuan has no alternative. Any benefits they have been pocketing without a legal basis must be relinquished, unconditionally. First these benefits must be relinquished. Only then may legislators begin anew. The President of the Legislative Yuan must rally the major party caucuses and offer a public apology. Current legislators must show that they still have consciences, that they still have a sense of shame. They must demonstrate their determination to uphold constitutionalism and the rule of law.

This is not a trivial matter that they can gloss over. This is landmark case that bears on constitutionalism and the rule of law. All benefits without a legal basis must be relinquished, in toto. This is substantive justice. After they have been relinquished the legislature can review them item by item. This is procedural justice. Starting over this way will uphold constitutionalism and the rule of law. How much in benefits should legislators receive? Legislators must not knowingly violate the law. They must not be allowed to enrich themselves. Only then can they rehabilitate the image of the Legislative Yuan. Only then can they ensure the survival of constitutionalism and the rule of law.

If we scrutinize the legislature's account books, we find that illegal benefts far exceed the 1.72 million NT in "nine illegal fringe benefits" per year. Altogether they amount to over 2 million NT per year. Legislators even receive "birthday gift certificates" worth 2000 NT. These too are illegal. This is not merely lawless. It is shameless. Therefore these benefits must all be relinquished. The legislature must start over, from scratch. At a minimum, it must abide by three principles. One. They cannot engage in "all you can eat." Even meals for the legislators' chauffeurs are part of the 1.7 million NT a year illegal fringe benefits. This is a case of "all you can eat" and "taking home leftovers." This is something even ordinary restaurant owners would never allow. Two. They cannot convert their illegal benefits into a slush fund. Some have proposed combining all their illegal benefits into one lump sum, with no itemization. This amounts to a slush fund with no standards whatsoever. Others have proposed passing new laws to legitimize their past and current violations. A variety of legislators have proposed a variety of ploys by which to legitimize their illegal fringe benefits. This too amounts to a slush fund. Neither of these two slush fund ploys is appropriate. Some other framework must be found that is objective and fair. Three. The solution must be transparent. Take high-speed rail tickets. Some legislators have allowed others to use their tickets on the sly. This amounts to corruption. Therefore, such write-offs must be made transparent, to prevent unscrupulous persons from misusing them. In short, ethical standards within the legislature cannot be allowed to sink to this level. Constitutionalism and the rule of law cannot be allowed to perish in this manner.

This is landmark case relevant to constitutionalism and the rule of law. The Legislative Yuan cannot treat the matter with contempt. The public must pay close attention to the matter. We look forward to the Legislative Yuan apologizing to the people. We are unwilling to see the Legislative Yuan reduced to the level of a crime syndicate engaged in embezzlement. The Legislative Yuan is the nation's highest law-making body. We call upon President Wang and every member of the legislature who cares about constitutionalism and the rule of law to solemnly confront the issue of the "nine illegal fringe benefits."

立院應示範自宮 沒有法源先全刪
【聯合報╱社論】
2012.11.01

九Ａ立委事件，竟陷入立委之間討價還價的醜態；我們認為，必須從憲政正義的高度切入，始能得到正確的解決方案。

本報自始指出，此案的兩大爭議在於：一、沒有法源依據。王金平院長後來引據的法源，如《立法委員行為法》第十三條、《立法院組織法》第卅二條，皆是指鹿為馬；至於說是「措施性法律」，則與立委據此大砍軍公教慰問金對照，更是自批其頰。二、名不副實。例如，不住大安會館者每月有一‧八萬元的補貼，及交通津貼至少用不同名目重複Ａ了三次等等，不一而足。

從憲政正義的高度來看，我們要問：立法院是國家最高立法機關，能否在此案中告訴國人，法律為何物？而最高立法機關的國會議員，居然支領如此巨額的「非法津貼」，如何向國人交代？更如何向自己的廉恥交代？也要問：立法院一方面為行政機關的監督制衡部門，另一方面又是政黨政治的主要戰場，立委在質詢問政時，連對方的頭髮及恥毛都恨不得要剃光，若竟不刮自己滿臉的騷鬍子，豈有憲政正義可言？

就憲政正義的高度言，立法院既是國家最高立法機關，當然亦應是法律「實質正義」及「程序正義」的護持者；今日發生全院委員一同盜領全無法源依據的巨額「非法」津貼，「實質正義」不存，「程序正義」蕩然，這不僅是政風沉淪的大醜聞，更是無以復加的憲政罪行。然而，自院長以下竟似全無憲政廉恥，猶在共謀討價還價、就地合法的勾當；這是視憲法若無物、視法律若無物，亦視全國憤恨傷痛的民心若無物。試問：這是國家最高立法機關應有的精神與形象嗎？國民兩大黨及本屆一一三名立法委員欲將憲政正義糟蹋至何地？又欲將立法院的憲政尊嚴及公信力踐踏至何地？

若要維護憲政正義，若欲讓國人知道法律為何物，立法院現在其實沒有第二個選擇，那就是凡無法源的津貼一律全刪，待刪光之後，再從頭循立法途徑救濟。而且，在此之前，應由院長率領主要黨團公開向國人表達歉悔之意，以示本屆立委尚是明廉知恥之徒，不敢玷汙毀傷憲政正義。

這不是一件可以和稀泥的小事，而應視為攸關憲政正義的典範事件。沒有法源的津貼應當一律全刪，過去種種譬如昨日死，這是「實質正義」；刪完之後，再循立法運作逐項檢討，往後種種譬如今日生，這是「程序正義」。如此始是這件憲政公案的正確解決之方，立委該領多少津貼已是其次的問題，問題的核心在立法者不可知法犯法，尤不容非法自肥。亦唯如此，始能重建立法院的形象，並維護憲政正義於不墜。

掀開立法院的地毯，發現立委津貼的浮濫遠遠不僅九Ａ每年一七二萬元而已，加總起來當破每年二百萬元，例如立委甚至領有「生日禮券」二千元，亦由非法津貼支付；這不僅是「無法無天」，亦簡直是「忝不知恥」了。因而，全刪，重新立法，至少應當遵循三項原則：一、不可「吃到飽」。連立委司機的會期餐費每年一‧六萬元也用非法津貼支付，這簡直是「吃到飽」還要打包，恐怕連一般餐廳老闆也不答應吧。二、不能「大水庫」。有人主張化零為整，不分細目，給筆總數，這是漫無標準的「大水庫」；另有人主張，巧立名目，聽由各別立委在不同名目間挪移運用，這也是「大水庫」。這兩種「大水庫」皆非所宜，而必須有一分項別目的架構，以求客觀公允。三、必須「透明化」。例如高鐵票，竟有立委盜供他人使用，此已與貪瀆無異；因此，對此類項目應有一核銷及徵信的透明設計，以防不肖者。總之，國會政風不可沉淪至此，憲政正義尤不可毀敗至此。

這是一個憲政正義的典範事件。立法院不可輕視此事，國人尤應重視此事。我們期待立法院對國人道歉，因為我們不願見立法院淪為監守自盜的不法集團。應知，立法院是國家最高立法機關，籲請王院長率全體委員以憲政正義的品味及高度面對九A立委的嚴正質疑。