Establishing a System with More Effective Political Leadership

A number of laws related to the administrative reform of the central government in January 2001 were enacted in 1999. The four main objectives of the reform are to strengthen the function of the Cabinet, to reorganize the Central Government, to make the administration more transparent, and to streamline the government. How then will the national administration change toward the 21st century? Let's begin with the establishment of political leadership.

Necessity of Strengthening the Functions of the Cabinet
Amendment to the Cabinet Law and Related Measures
Establishment of the Cabinet Office
Reinforcement of Political Leadership by
the Introduction of the State Secretary
Realignment and Rationalization of the Policy Councils

1. Necessity of Strengthening the Functions of the Cabinet

As Japan's goals have become more diverse, and both internal and external circumstances have seen increasingly radical changes, it has become imperative to establish a system to strengthen the administrative leadership of the Cabinet and Prime Minister so that timely decisions can be made with strategic and comprehensive administration.

Among the laws enacted in 1999 are the "Law to Amend the Cabinet Law" and the "Law to Establish the Cabinet Office." Both provide measures to strengthen the functions of the Cabinet.

2. Amendment to the Cabinet Law and Related Measures

Emphasis on the principle that sovereign power resides with the people
The final report submitted by the Administrative Reform Council, formed by former Prime Minister Ryutaro Hashimoto, states that the goal of the ongoing administrative reform is to rebuild "the make-up of this country," which is no less the reform of "administration" than the matter of the way we, the people, should be. This leads to an emphasis on the principle that sovereign power resides with the people, who, as the electorate of government, must take responsibility for the sound administration of the State.
This statement from the abovementioned final report has resulted in the amendment of the Cabinet Law. The phrase "based on the principle that sovereign power resides with the people" has been inserted into Article 1, to clarify the positions of the Diet, Prime Minister and Ministers of State in terms of government.
While the Cabinet exercised executive power under the principle of sovereign power, this principle is now specifically mentioned in the Cabinet Law, since the exercise of executive power directly affects the everyday lives of the people.
Clarifying the relationship within the law between the sovereign people, the Diet, Prime Minister, and Ministers of State is, in a sense, affirming the leadership of the Prime Minister in government.
Number of Ministers of State
The number of Ministers of State, fixed as not more than twenty in the existing Cabinet Law, has been changed to "not more than fourteen " ; nonetheless in case of special necessity, up to three Ministers may be additionally appointed, thus bringing the maximum number to seventeen.
Clarification of the Prime Minister's authority to propose
The Cabinet Law has been also amended to clarify that the Prime Minister, who presides over Cabinet meetings as the head of the Cabinet, may submit to the Cabinet proposals on such issues as "basic principles on important policies for the Cabinet." These "basic principles" include:
1. basic principles on external policies and national security policies,
2. basic principles on administration and financial management,
3. basic principles on the management of the entire economy and the planning of the budget, and
4. basic principles on the organizational and personnel affairs of administrative organs.
As a result of the amendment, the administrative leadership of the Prime Minister as the head of the Cabinet has been further clarified. Thus, it is expected that the Cabinet will be able to fulfill its organizational purpose of conducting affairs of State, sharing the Prime Minister's basic principles.
Clarification of the Cabinet Secretary's planning and drafting functions
In addition to the clarification of the Prime Minister's authority to propose, the Cabinet Law has been amended to clarify that the Cabinet Secretariat, which directly assists the Prime Minister, takes charge of drafting and planning the "basic principles" mentioned in the preceding section, and now stipulates that the Cabinet Secretariat drafts and plans "basic principles on important policies of the Cabinet."
Moreover, with regard to other affairs, it has also become more important for the Cabinet to consummate a "comprehensive strategic function" rather than to subsequently "coordinate" measures taken by administrative branches. The amended Cabinet Law clarifies that the Cabinet Secretariat takes charge of "planning and drafting," in addition to "comprehensive coordination" of matters stipulated in the existing Law.
Introduction of new positions in the Cabinet Secretariat
Three Assistant Cabinet Secretaries, a Cabinet Secretary for Public Relations, and a Cabinet Secretary for Information Research have been created within the Cabinet Secretariat, replacing the present posts of Chief Cabinet Councillor on Internal Affairs, Chief Cabinet Councillor on External Affairs, Director-General of the Cabinet Office for National Security Affairs and Crisis Management, Director-General of the Cabinet Public Relations Office, and Director-General of the Cabinet Information Research Office. This change is intended to strengthen the Cabinet Secretariat's function in planning and drafting, and comprehensive coordination.
The three Assistant Cabinet Secretaries are in charge of the affairs currently administered by the Cabinet Councillor's Office on Internal Affairs, the Cabinet Councillor's Office on External Affairs, and the Office for National Security Affairs and Crisis Management in the Cabinet Secretariat. The new arrangement provides institutional flexibility by not separating the jurisdiction of each Assistant, thus enabling them to respond to situations in a timely manner.
The occupants of these newly-created posts are to be appointed by the Prime Minister. Each time the Cabinet resigns en masse, the appointment of the posts must be processed for the new Cabinet.
Flexibility in the number of Special Advisors and Private Secretaries to the Prime Minister
The Special Advisor to the Prime Minister and the Private Secretary are positions that assist the function of the Prime Minister directly. The former gives advice and makes representation to the Prime Minister on important policies of the Cabinet; the latter, among other functions, takes charge of confidential matters concerning the Prime Minister.
These reforms, as part of the consolidation of the direct assistance system provided for the Prime Minister, have changed the fixed number of Special Advisors and Private Secretaries. That is, (i) the fixed number of Special Advisors has been increased from three to five; and (ii) the number of Private Secretaries currently fixed by law will be provided by Cabinet order.
Opening the Cabinet Secretariat's posts to individuals from both inside and outside of the Government
In order to ensure that talent can be brought into the Cabinet Secretariat from both inside and outside the Government, an inflexible method of assigning particular posts in the Cabinet Secretariat to officials from particular Ministries will be avoided. The effective use of the "term recruitment system," which is planned to be introduced, based on the "Report on the Basic Principles of the Reform of the Public Personnel System" (on March 16, 1999 by the Council on the Public Service Personnel System), will be considered and other measures will be taken to recruit eminent officials from various Ministries and specialists from outside the Government.

3. Establishment of the Cabinet Office

Status of the Cabinet Office
Strengthening the functions of the Cabinet is an essential element of this reform. As a contribution to this element, the Cabinet Office headed by the Prime Minister has been established to reinforce the support system for the Cabinet and the Prime Minister.
The organizational purposes of the Office include providing support for Cabinet affairs. The Office is given a higher status in assisting the Cabinet by presiding over the administrative offices. It is expected to consummate a strong coordinating function by providing prior proposals for policy directions rather than posterior coordination
In order to enable the Office to fully perform its functions of planning and drafting, and comprehensive coordination, the positions of the Ministers for Special Missions will be created. These Ministers are equipped with solid coordinating power vis-a-vis the heads of related administrative branches; and four collegial bodies, including the Council on Economic and Fiscal Policy, have been established, headed by the Prime Minister or the Chief Cabinet Secretary, and having competent Ministers and highly-knowleable people as their members.
Organizational Purposes and Functions
The Cabinet Office is the administrative organ whose roles are twofold: to assist the Cabinet with its functions with a higher status than the other Ministries, as explained in the previous sections; and to administer the Office's affairs, in a manner similar to the other Ministries.
The Law to Establish the Cabinet Office, unlike the laws establishing the other Ministries, stipulates its purposes separately in light of the two different types of functions. The law also separates the provisions of the Office's undertakings in parallel with its purposes. Moreover, the law makes it explicit that the Office engages in, as an organ of the Cabinet, planning and drafting, and comprehensive coordination, in order to complement the functions of the Cabinet Secretariat which is in charge of final coordination at the highest level.
Organization of the Cabinet Office
1. Top management
  With its purposes spreading over the entire government, the top management of the Office is reinforced more than the other Ministries in order to fully accomplish its functions.
  1. The Prime Minister, the head of the Cabinet, presides over the affairs of the Office, and controls and supervises its personnel in regard to the performance of duties.
  2. Since the Office, which performs a part of the comprehensive strategic function of the Cabinet, needs to deal with a large number of affairs that require Minister-level judgments, the Chief Cabinet Secretary and Ministers for Special Missions directly assist the Prime Minister. Meanwhile, the Deputy Chief Cabinet Secretaries, in addition to the Chief Cabinet Secretary, participate in the policy-making of certain affairs of the Office, since the close contact and coordination between the Office and the Cabinet Secretariat are required; the latter performs comprehensive and strategic functions and conducts the final coordination at the highest level as an organ of the Cabinet.
  3. The three State Secretary posts and three Parliamentary Secretary posts have been installed in the Office to enhance political leadership in policymaking.
2. Ministers for Special Missions
  The Prime Minister will be able to appoint the Ministers for Special Missions at his discretion, when he considers the appointment highly necessary for the cohesiveness of the policies of administrative branches.
  However, Ministers for Special Missions will always be appointed respectively for the affairs concerning Okinawa and Northern policies, and those under the jurisdiction of the Financial Services Agency.
  The Ministers for Special Missions are granted, for the sake of "strong coordination," authority over the heads of related administrative organs, such as to request materials and explanations, to recommend and request reports on measures taken under such recommendations, and to make proposals to the Prime Minister who has power to control and supervise the administrative branches.
3. Director-General-level positions for special missions
  Director-General-level positions for special missions have been introduced in the Cabinet Office, in addition to the conventional Minister's Secretariat and bureaus, primarily to efficiently accomplish the planning and drafting, and comprehensive coordination needed for the integration of the policies of administrative branches.
  Specifically, seven such positions have been set up for economy and finance; arts and science, and technology; disaster prevention; and so forth. The Prime Minister considers the priority of political issues and decides upon the division of labor among them. This arrangement is intended to enable the timely enforcement of policies.
4. Councils on important policies
  The Councils on important policies are set up within the Office to form an organ that "contributes to the planning and drafting, and comprehensive coordination needed for the integration of the policies of administrative branches."
  The Prime Minister or the Chief Cabinet Secretary presides over the Councils, which will be in charge of the business deemed proper to be dealt with by the conference of highly-knowledgeable people. With the competent Ministers as members, the Councils are expected to contribute to the Cabinet's timely decision-making, and with their highly-knowledgeable members are expected to contribute to proper policy-making by reflecting upon their academic knowledge and practical experience in their research and deliberations.
  The Council on Economic and Fiscal Policy; the Council for Science and Technology Policy; the Central Disaster Prevention Council; and the Council for Gender Equality have been established as Councils on important policies.
5. Independent organs
  The National Public Safety Commission, the Defense Agency and the Financial Services Agency have been re-positioned as independent organs within the Office. Also, the Defense Facilities Administration Agency will remain in the Defense Agency.
Others
Consideration will be given to the application of such new systems as a "centralized personnel management system" and "the term recruitment system" in the sections related to planning and drafting, and comprehensive coordination. Measures may be taken to open positions, if necessary, to eminent officials from other administrative organs and specialists outside the government.

4. Reinforcement of Political Leadership by the Introduction of the State Secretary

The new positions of the State Secretary and the Parliamentary Secretary have been installed in each Ministry to reinforce the function of assisting the Minister with his/her political judgment.

The introduction of these positions and the restructuring of the central government were first agreed upon by the ruling party and then discussed between the ruling and opposition parties, and finally confirmed by the enactment of the "Law concerning the Vitalization of Diet Deliberations and the Establishment of the Policy-making System with Political Leadership" (drafted by members of the Diet). The laws related to the administrative reform contain amendments to the National Government Organization Law and the National Civil Service Law that are necessary for the installment of the two positions.

Under the existing system, the Parliamentary Vice-Minister (one in each Ministry as a rule) assists the Minister in making political decisions by giving advice on particular policies and plannings in accordance with the Minister's instructions. On the other hand, the new State Secretary will control and supervise related administrative branches in terms of policy-making and planning, and will make necessary policy decisions, in accordance with orders from the Minister, placing him/her second in line to the Minister with regard to decision-making. Meanwhile, the Parliamentary Secretary will give the Minister advice on particular policies and plannings in accordance with the Minister's instructions.

Furthermore, both the State Secretary and the Parliamentary Secretary are to be in charge of coordinating administration and politics, and will be authorized by the abovementioned legislation by members of the Diet to participate and give answers to questions in committees and other Diet meetings in support of their Minister.

5. Realignment and Rationalization of the Policy Councils

Critics have pointed out that the Policy Councils have only acted as a camouflage over the self-righteous policies of bureaucrats, and have merely accelerated the sectionalism of officialdom. In response to such criticism, the "Basic Plan concerning the Realignment and Rationalization of the Councils, etc." was decided upon by the Cabinet, which aims to make it explicit that the Cabinet or the Minister of State, and not the Policy Councils, takes responsibility for policy-making.

Realignment of the Policy Councils
The number of Councils has been reduced from 211 to 90. The number of Councils that deliberate basic policies, in particular, has been reduced to around one sixth of what it was, from 176 to 29.
Preparation of the guidelines for the management of the Policy Councils and other meetings In accordance with the Basic Law on the Administrative Reform of the Central Government, the Final Report of the Administrative Reform Council and the related Cabinet decisions, guidelines have been drawn to set standardized rules with regard to the establishment, organization, and management of the Councils, and the holding of informal meetings organized by administrative organs.
1. The guidelines concerning the establishment of the Councils advocate the active utilization of "public comment procedure" and public hearings, so as not to establish ineffective Councils.
2. The guidelines concerning the composition of the Councils limit the number of Council members to no more than twenty in principle, and no more than thirty at most. The guidelines also exclude, in principle, the Ministers of State and other administrative officials from becoming the Council members.
3. The guidelines concerning the management of Councils:
  -- in principle exclude ex-officials of the Office or Ministries from becoming the Council members;
  -- in principle limit the term of each Council member to no longer than two years, and restrict reelection so that no Council member can occupy the same seat for a period exceeding ten years;
  -- render the reports of Council reflective upon the various opinions of Council members when their views are divided, as final policy decisions of the administration are made under the responsibility of the Cabinet or the Minister of State;
  -- in principle require the prompt disclosure of reports on the meetings to the public.
4. The guidelines concerning the informal meetings that do not fall under the category of Councils require that such meetings be used to hear opinions and exchange views in a manner deemed appropriate for such meetings.