When I voiced concern in my column last February that Ho Iat Seng, the newly sworn-in president of the Legislative Assembly, was openly deploring the lack of “legal training” of legislators and thus questioning their ability to grasp public policy issues, and that Chan Chak Mo, the president of the second permanent commission of the same Assembly, was caught saying legislators should refrain from drafting “projects” of law and exclusively let the government make law “proposals”, I did so in pointing out that these two respectable figures of our community had basically decided on their own to interpret the Basic Law and let go of a key component of the legislators’ power, that is precisely to initiate legislation, as stipulated in article 75 of the Basic Law.
The right of initiative held by legislators is indeed true power and constitutes one of the few “actual” prerogatives that mitigates the derogatory judgment that the Macao legislature is nothing but a “rubber stamp” assembly—toothless and, above all, indefectible, as a whole, in its support to the executive. Power as it allows at minima to elevate the gravitas of the debate and help clarify the stand of each and every stakeholder: a good example of that is the Law on the Fundamental Rights to form Trade Unions that has been pushed by José Pereira Coutinho several times and got defeated (again) in April by just 14 votes to 9. Power as it forces the government to change its order of priority when it comes to policy-making: again, I believe that it is Coutinho’s continuous drive to have an Animal Protection Law that ultimately forced the municipal affairs administration (IACM) to come up with a law that was unanimously introduced in the first reading last month, whereas the IACM had been “promising” that law for more than a decade. And finally, the capacity to “make” a law and not only to vote on or amend it epitomizes the essence of the “legislative power” of that branch of government: the Law on the Protection of Private Data, which was considered up to this summer one of the most advanced pieces of legislation when it comes to the protection of citizens’ rights, was indeed introduced in 2005 by a collective of 8 legislators, including 3 directly elected ones.
If this right to properly raise awareness, set the agenda of policy-making and legislate is forfeited, what is left then? Mere complaints that the government is not fast or good enough? If Melinda Chan champions the rights of the children so much, why doesn’t she come up with a piece of legislation herself? There are plenty of legal advisors in town to help her out—both in Portuguese and Chinese, and outside or inside the Assembly. But the problem is precisely that most of the businessmen-turned politicians conceive their role as having somewhat to do with populist brawling and badly acted moaning.
How can one otherwise explain the high-pitched whining of Mak Soi Kun regarding the noise disturbance generated by the Grand Prix whereas the Law on the Prevention and Control of Environmental Noise had already been voted in August, including favorably by himself? What credit can we give to legislators’ complaints about the level of execution of the government’s budget in November when the second permanent commission never found the time to review the mid-year report provided by the government in August? One of my friends who owns a pretty big business in China has the following slogan plastered on all the walls of his factory: “Winners find solutions, losers only find excuses.” No chance of losing when the game is not opened to competition.
And mind you, legislators cannot really propose laws on every single topic and issue: public expenditure, political structure or the operation of the government are expressly (and safely) out of bound. Legislators Ng Kuok Cheong and Au Kam San had thus to propose a mere debate on political reform and the implementation of universal suffrage in Macao. Expectedly, the proposal was vetoed by 27 legislators out of 33: when concerns get crucial and opinions become power, silence is then golden.
Published in Macau Daily Times, November 21 2014.
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