Refusing Answer on Crime of Conspiracy

To introduce an obsolete concept called crime of conspiracy in current legal system of Japan, Minister of Justice, Katsutoshi Kaneda, brought confusion in the discussion of the Diet. Questioned by the opposite lawmakers about the concept, Kanada kept on refusing his answer, arguing that the bill for crime of conspiracy was not submitted. Knowing that the Minister would be blamed, Ministry of Justice revealed a Q&A document to deal with discussion, made with an order of Kaneda.

In the discussion at Committee of Budget in House of Representatives on Monday, Kaneda repeated “in consideration now” or “will be explained after the bill submitted to the House.” Opposite parties have a concern that a law with crime of conspiracy can be a new version of Maintenance of Public Order Law, which was used for oppression on anti-governmental power in pre-war Japan. Kaneda was in hard situation to deal with that argument.

Kaneda ordered his staffs in Ministry to make a document about how to answer to the questions. The bureaucrats in the Ministry recommended him to consider that crime of preparing terrorism, another name of crime of conspiracy for the opposite, is in a situation of being discussed for submitting and discussion with the leading parties had not finished. Kaneda’s answer in the Committee was based on the document.

The document revealed by the Ministry also suggested that the bill should be discussed in the Diet with participation of a representative of the Ministry. “For constructive discussion meaningful for the people’s interest, in-advance notification from lawmakers about question is insufficient, if it were only a list of talking points, and it needs to be as detailed as we can properly answer. In short, the bureaucrats are saying “It’s us to discuss crime of conspiracy, not you guys, the opposite lawmakers. If you want us to answer to your questions, let me know what are you asking before the discussion.” This is inherent arrogance of Japanese bureaucracy.

The opposite parties require resignation of Kaneda, accusing oppression on discussion in the Diet. Prime Minister Shinzo Abe seems to want him to stay. The right for lawmakers to ask Ministers questions is recognized by Constitution of Japan. The Constitution basically puts the Diet on the highest position in the government and Cabinet is responsible for the Diet. “Do not ask about it until we are ready for submitting the bill,” the Ministry degrades the legislative branch so much. It can be a conspiracy of bureaucracy to make the Diet subordinate to them.