Secrets Escape Audit

Mainichi Shimbun revealed that Board of Audit indicated Cabinet Secretariat unconstitutionality of Designated Secrecy Law before the law passed the Diet, if some secret documents would have escaped audit. Although the board required correction of provisions, Cabinet Secretariat ignored it and the draft passed with no guarantee of implementation. No notification to Ministries for audit has been issued from Cabinet Secretariat, breaking promise at that time.

Mainichi reported the story based on the document obtained through disclosure system of governmental information. On September 19, a month before Shinzo Abe administration made cabinet decision on the draft of Designated Secrecy Law, Board of Audit noticed Cabinet Secretariat that some provisions might violate Constitution of Japan, because it would be possible for the Board not to receive necessary information about designated secret. Article 10 of the Law allows executive office to reject request of disclosure of designated secrets, when it may disturb national security. “Final accounts of the expenditures and revenues of the State shall be audited by a Board of Audit and submitted by the Cabinet to the Diet,” says Article 90 of the Constitution.

Cabinet secretariat replied to the question that it was possible to receive information, if the Board would maintain communication with Ministries. Although the Board indicated that the draft had to remove any possibility of constitutional violation and required additional provisions, Cabinet Secretariat rejected the correction. The draft was decided by the Cabinet next month, immediately submitted to the Diet and passed in sharp disputes in December. Instead, the Secretariat promised to issue a notification to Ministries for submitting necessary information to the Board. The notification has not delivered yet.

Board of Audit is afraid of arbitral interpretation of the Law as in pre-war era, when the imperial government could easily conceal military spending. With reflection of failure in restricting military budget, Board of Audit became independent from the Cabinet in post-war Japanese government. “If a submitter can select information to disclose, I have to say that it will be against the Constitution,” said former President of the Board, Hiroshi Arikawa.

Designated Secrecy Law has already been criticized as violating the Constitution in terms of disturbing people’s right to access governmental information. Board of Audit added another dark reputation on the short history of the Law. Resistance against that obsolete regulation on human rights will be keeping its momentum.