Subcommittee on Local Autonomy (First Meeting)

Thursday, November 28, 2002

Meeting Agenda

Matters concerning local autonomy.

After a statement was heard from Mayor HOSAKA Kunio concerning the above matters, questions were put to him; this was followed by discussion among the members.

Informant

Members who put questions to Mayor HOSAKA


Main points of Mayor HOSAKA's statement Introduction

>> I have two main impressions regarding Chapter 8 of the Constitution of Japan: (a) the division of roles between the central government and local governments is unclear and should be clarified, and local autonomy should be better recognized; and (b) I would like local governments' rights to freely engage in public administration to be better recognized based on that clarified authorization of their powers.

1. Basic Conditions of Local Governments

>> I conceive the role of a mayor to be both a city manager for the owners of Shiki City, who are its citizens, and also a businessman.

>> When I was first elected mayor, I thought that I could freely and independently direct my city's public administration based on the will of its citizens. In practice, however, I have learned that the administrative authority of mayors is actually circumscribed by various laws and regulations.

>> Just as it has now become commonplace for people who support the policies of heads of local governments to be selected as members of boards of education, which are supposed to be politically neutral, the central government has sought "perfect" national uniformity in local governments via laws and other measures, and as a result central government policies concerning local public bodies have become estranged from the actual conditions, and local government bodies are becoming an empty shell.

2. Roles of the Central Government and Local Governments, and Decentralization

>> In contrast with the central government, which is responsible for national interests, the roles of basic units of local governments are limited to fields such as social welfare and education.

>> The procedure for decentralization should start with a clear division of roles between the state, the prefectural governments, and the local municipalities (cities, towns and villages). The recognition of local autonomy should only be stipulated after this division of roles is settled.

>> The present Local Autonomy Law is rapidly becoming unsuitable for the changing times, and should be revised to stipulate only limited items such as the public election system for heads of local governments and local assembly members.

>> Simplicity and transparency are very important for the distribution of taxes and financial resources to local governments. Local allocation of tax revenues should be automatically allocated in accordance with the work volume, based on population levels and other criteria. Adjustments in the allocation of these central government tax revenues to rectify inter-regional disparities should be kept to an absolute minimum.

3. The Significance and Management of Basic Units of Local Governments

>> I think that in the future central government intervention in local governments' affairs should be eliminated as much as possible. On the other hand, local governments will be expected to embody the culture of self-responsibility, and the diverse public administration implemented by each local government must be secured to these ends.

>> The important missions of basic units of local governments include fostering a sense of community through promoting personal contacts among their residents, and preserving local culture and the natural environment.


4. Municipal Mergers

>> In approaching municipal mergers, strengthening communities and their identities should be considered first, and given higher priority than improving the efficiency of government administration or reinforcing the financial foundations of local governments.

>> Municipal mergers should be based on citizen participation and determined by the will of the citizenry. I cannot agree with such mergers unless they are based on a clear vision of the nation for the 21st century.

>> In Shiki City, a local referendum on a proposed merger with other cities will take place in April 2003, and I feel that this is highly significant as the citizens themselves will thus make the final decision.

>> Now that Japan's "corporate society" has collapsed, I think we need to recognize anew the importance of the roles of basic local government units in forming communities.


5. Introduction of Regional (Shiki City) Independence Plans

>> Shiki City's Regional Independence Plan is designed to unify the city and its residents. The plan smashes the conventional concept that government services should only be provided by public servants, and positions citizens as "government service partners" who are themselves responsible for the provision of certain public services. In Shiki City, we want to create a new type of local public body for the 21st century through greater cooperation between local government and local residents.

Main points of questions and comments to Mayor HOSAKA

MORIOKA Masahiro (Liberal Democratic Party)

>> You stated that autonomy of basic units of local government should be recognized to the greatest possible extent, and that the function of the central government should be limited guaranteeing local public finance. In this case, however, the disparities among local governments will only increase. What is your opinion regarding the central government's adjustment functions for local allocation tax, and what is your opinion regarding Prime Minister Koizumi's reform plan which would transfer financial resources to local governments along with advancing the decentralization?

>> Shiki City is presently discussing a merger with four neighboring cities, and you have emphasized that the citizens themselves should make the final decision. On the other hand, Shiki City has developed various independent policies such as the "citizen partners" and "25 students per class" initiatives. I think that such independent initiatives stand in conflict with the merger proposal, and that you personally think it would be best for Shiki City to remain small, as it is today. Is this correct?
 

TSUTSUI Nobutaka (Democratic Party of Japan and Club of Independents)

>> You stated that the roles and functions of local governments are unclear under the Constitution of Japan, and I agree. I think revising the Constitution would be worthwhile just to clarify this division of roles. What sort of specific powers do you think local governments should be vested with?

>> Also, how do you think tax resource transfers to local governments should be formed, and what specific taxes do you think it would be appropriate for local governments to impose directly?

>> I think that the present local allocation tax system is actually obstructing local governments' self-help efforts. You stated that the amounts of local allocation tax should be calculated automatically, based on work volumes. What specific methods are you considering?
 

EDA Yasuyuki (New Komeito)

>> Would you tell us about the basic perspectives that have been adopted for Shiki City's Regional Independence Plan, and about how the plan is progressing?

>> What do you think about the transfer of tax and revenue resources to local governments, including how this relates to the issue of local allocation tax?

>> You stressed that citizens themselves should make the final decisions regarding municipal mergers. As essential prerequisites, I think this first requires providing relevant information to the residents and preparing forums for debate. In this regard, what sort of efforts is Shiki City making to provide appropriate information to its residents?
 

TAKEYAMA Yuriko (Liberal Party)

>> You stated that the central government has habitually sought "perfect" national uniformity in basic units of local governments, and that as a result central government policies concerning local governments have become estranged from the actual conditions, and local governments are becoming an empty shell. Can you give us some specific examples?

>> Is the central government really restricting local autonomy by ignoring the actual conditions of basic units of local governments and turning them into empty shells? Also, how are the central and prefectural governments responding to this?

>> How are the costs incurred under Shiki City's independent policies, such as the "25 students per class," "home study" and "recurrent, or returning to, education" initiatives being covered? Are these programs being financed by Shiki City's independent funding sources?
 

HARUNA Naoaki (Japanese Communist Party)

>> How is the spirit of the Constitution including "the principle of local autonomy" being realized in actual municipal administration? Also, I think that Shiki City's "25 students per class" and "home study" initiatives can be applauded as embodying the true spirit of Article 26 of the Constitution. What were the motives for launching these initiatives, and how have they been evaluated by the local residents?

>> In regard to Shiki City's Regional Independence Plan, I believe that it is a matter of course for local governments to become independent of the central government. However, if the initiative for citizen participation in city administration itself as "government service partners" is designed to reduce costs, I think that this may contradict the concept of real self-government by residents, whereby citizen's voices are reflected in municipal government administration. What is your opinion about this?

>> Some hold the opinion that the mergers of cities, towns and villages is essential to establish bodies that are appropriate for the decentralization, but a recent conference of the National Association of Towns & Villages adopted a resolution opposing forced municipal mergers as well as plans to reduce the powers of small-scale local governments. I think that the transfers of government powers and financial resources to the local governments should be implemented first, before pushing mergers. What is your opinion about the appropriate order of measures to promote municipal mergers?
 

KANEKO Tetsuo (Social Democratic Party)

>> You pointed out that the board of education system is becoming an empty shell. What do you think about the idea of introducing quasi-public elections to rectify this?

>> The central government is considering restricting the powers and functions of basic units of local governments with populations of 10,000 persons or less. Yet, if municipal mergers are advanced and the population scales are increased without good reason, community building among local residents will become increasingly difficult. I think that small-scale local governments are entirely appropriate in certain instances, and that the proposed restrictions are inappropriate. Do you agree?

>> At present it is necessary to establish regulations in order to hold citizen referendums; but I feel that referendums on major issues concerning local government overall, such as municipal mergers, should be held as a matter of course. Do you agree?

>> I think that all local government information should be publicly disclosed, with the sole exception of information that affects residents' privacy. What are your opinions regarding the present status of local government information disclosure? Also, are there any problems that obstruct such information disclosure because of the local government's relationship with the central government?
 

INOUE Kiichi (New Conservative Party)

>> The prefectural governments have played a major role ever since the Meiji Era, but I feel that the prefectural governments should now be abolished so that basic units of local governments will come face-to-face with the central government and increase their capabilities by expanding their scale via municipal mergers. What is your opinion? I also feel that city and town mayors and village heads should express their own beliefs more actively in the municipal mergers.

>> You have explained how Shiki City's Regional Independence Plan emphasizes work-sharing between the local public body and its citizens. Could you explain specifically what types of areas this work-sharing would encompass? And could you also tell us about the cost savings that would be realized if this approach is successfully implemented?
 

HIRAI Takuya (Liberal Democratic Party)

>> I think that the acceptance of inter-regional disparities will be important for the future decentralization of government powers. In your presentation, you explained how Shiki City has formed a "citizens' council" that submits proposals regarding city administration. Could you explain this "citizens' council" in somewhat greater detail, as well as the relationship between this "citizens' council" and the City Assembly?

>> In Japan, I think local residents have not become accustomed to deciding for themselves what form their local governments should take. Do you think it will be possible to awake residents' awareness toward such decision making, and is Shiki City implementing any particular efforts toward these ends?

>> The central government is promoting an electronic local government initiative in an effort to eliminate unnecessary work and promote information disclosure. What do you think about this type of e-government approach?
 

NAKAMURA Tetsuji (Democratic Party of Japan and Club of Independents)

>> Regarding local government revenue sources, I think that local allocation taxes and subsidy systems should be reformed and consist mainly of autonomous taxation by local governments. What is your opinion?

>> If I understand your presentation correctly, you believe that local public servants should lead efforts aimed at citizen participation in local government. In actual practice, however, local public servants often insist on adhering to established precedents and view administration and citizens as being in conflict. Have you experienced any difficulties involving administration-citizen relations in your municipal government administration to date?
 

SATO Tsutomu (Liberal Democratic Party)

>> The aging of the population is a particularly grave issue in depopulated regions, and amid increasing decentralization the gaps between such depopulated regions and urban areas like Shiki City is expected to expand even further. How do you think these types of disparities should be addressed?

>> Under Shiki City's "public works selection ordinance," public works contracts exceeding 100 million yen must first be submitted to a citizens' Public Will Screening Panel for deliberation before they are formally submitted to the City Assembly. How are the panel members selected under this system, and where does the authority lie? Moreover, what is the relationship between the People's Will Screening Panel and the City Assembly?

Main points of comments made by members of the Subcommittee (in order of presentation)

HARUNA Naoaki (Japanese Communist Party)

>> Chapter 8 of the Constitution clearly stipulates the relationship between the central and local governments, and the subordinate legal framework and its implementation must be consistent with the spirit of the Constitution.

>> The proposal to restrict the powers of small-scale local governments with populations of 10,000 persons or less runs counter to the Constitution and the principle of local autonomy. Such laws and systems that deprive local public bodies of their autonomy are unconstitutional.
 

NAKAMURA Tetsuji (Democratic Party of Japan and Club of Independents)

>> The present Local Autonomy Law is not in accordance with the "principle of local autonomy" which it is supposed to embody and I think that the Diet needs to thoroughly investigate this.

>> Some argue that the Constitution should be revised because it is no longer appropriate for present conditions, but constitutional revisions should be made after the Diet has enacted legislation in accordance with the purport of the Constitution. I believe that many of the issues that are being viewed as constitutional flaws are actually problems with existing legislation, and can be resolved through the passage of appropriate laws.
 

HIRAI Takuya (Liberal Democratic Party)

>> I agree with Mayor HOSAKA's position that the emergence of disparities among local governments resulting from regional independence should be accepted.

>> If one believes that citizens should be given choice over their local governments, this choice should be utilized for "community building," and this should become the content for debates regarding the "principle of local autonomy."
 

NAKAGAWA Masaharu (Democratic Party of Japan and Club of Independents)

>> There is a misunderstanding that decentralization has been advanced by the abolition of state-to-agency delegated tasks. The real problem is that standards for the handling of clerical and other work have been established by laws and ministerial ordinances, and as long as the central government continues stipulating such standards I think it will be impossible to achieve any meaningful decentralization of state powers.

>> For further decentralization, I think either the Constitution will have to restrict the powers of the central government, or the standards for the handling of clerical and other work will have to be set by local government regulations, rather than by ministerial ordinances.
 

KANEKO Tetsuo (Social Democratic Party)

>> Regarding the boards of education system, I think we need to deepen discussions of how members of boards of education are selected, including the possible introduction of quasi-public elections.

>> I think there are problems with the proposal to restrict the powers of local governments with populations of 10,000 persons or less. If this were implemented, residents' rights to equal autonomy would no longer be guaranteed. Local public bodies have different geographical and other conditions, and I think there are various aspects aside from population alone that must be considered in making judgments about municipal mergers.