(HARA
Eiji, PPPC President)
Reform of “Bedrock” Regulations:
Progress and Challenges
Bedrock
Regulations: main issues
|
Progress
in 2014
|
Challenges
|
<Regulations
stumbling the “growth industry in the future”>
|
Agriculture
|
JA
reform
|
△:
decided course in June
|
Bill
scheduled to be submitted à content yet known
(completion or adaptation?)
|
Corporate
ownership of farmlands
|
--
(little progress)
|
No
schedule à start?
|
Medical
Care
|
Treatment
uncovered by public insurance
|
△:
decided course in June
|
Bill
scheduled to be submitted à content yet known
(completion or adaptation?)
|
New
medical school
|
--
(little progress despite discussion since 2013)
|
Schedule
yet known à advancement?
|
Nursery
|
Corporate
entry, equal-footing
|
--
(no progress)
|
No
schedule à start?
|
Energy
|
Power
reform
|
○:
enactment of the second-round bill
(entry into power sales)
|
Third-round
bill scheduled to be submitted (content yet known; completion or adaptation?)
|
Education
|
Privately-managed
public schools
|
△:
bill (NSSZ act) submitted but discarded in Diet
|
Bill
to be submitted again?
|
<Cross-sectorial
regulations>
|
Labor
|
Working-hours
regulation
|
△:
decided course in June
|
Bill
scheduled to be submitted à content yet known (completion
or adaptation?)
|
Foreigners
|
Expansion
of working visa
|
△:
bill (NSSZ act) submitted but discarded in Diet
|
Bill
to be submitted again?
|
Transport
Infrastructure
|
Opening
infrastructure to private sector (e.g., lifting ban on road concessions)
|
△:
bill (NSSZ act) submitted but discarded in Diet
|
Bill
to be submitted again?
|
(chart: drafted by
PPPC)
Prime
Minister Shinzo Abe pledged in January 2014 that “over the next two years, no
vested interests will remain immune from my drill.” This direction was
maintained in the growth strategy released in June (the Japan Revitalization
Strategy Revised in 2014) and the LDP’s party line for the December 14 Lower
House election.
The
most remarkable point of the Cabinet’s growth strategy, known as third arrow of
the Abenomics, is that it has the heaviest weight on reforms of the country’s
so-called “bedrock” regulations, i.e., vested interests. The past
administrations and Cabinets had released their growth strategies almost every
year in eye of supporting and guiding such industries as agriculture, health
care, environment/energy, etc., by regarding them as “growth industry in the
future.” Nonetheless, unfortunately, these industries have still remained to be
the “growth industry in the future.” The main reason is that there are full of “bedrock”
regulations in these industries which have restricted new entries or ideas and
hence kept the industries untouched.
Upon
hearing a phrase “regulatory reform”, one may recall a stereotyped image that
it “intends convenience for major companies and leaves behind the interests of
consumers or workers.” However, such a criticism does not make sense at all
from the author’s experience of having been involved with the several
regulatory reforms from inside the government, municipal government, and also
as a private sector member. Regulation almost always causes vested interests. It
is easy to think of the relationship between companies already in the industry
and restriction of new entries. It is because of such regulatory vested
interests that regulations have been maintained or sometimes even enhanced
although their necessities have been lost due to socioeconomic changes. Very
often the major companies are in the side of benefiting from such vested
interests and therefore intend to obstruct regulatory reforms.
Meanwhile,
the most disadvantageous due to such “bedrock” regulations are the general
consumers and people. This could be understood by an image that consumers and
people are deprived of additional alternatives of goods and services due to the
excessive regulations on new entries. Therefore, reforms of the “bedrock”
regulations are the inevitable way to release the “growth industry in the
future” from various restrictions and to deliver advantages to the whole economy
and society
The
Japan Revitalization Strategy Revised in 2014, under the slogan of “reforms of ’bedrock’
regulations over the next two years,” decided to start actual efforts on such “most-solid
among the bedrock” issues as the JA reform and medical treatment uncovered by
public insurance which have been discussed but untouched for decades. At the
same time, the Strategy showed determination to promote reforms by tagging the
Cabinet Office and ambitious areas (local government and private sector) by utilizing
the framework of National Strategic Special Zones when tackling the challenges
which are unapt to do uniformly throughout the country. These efforts can be
regarded as the remarkable accomplishment making differences from the past
administrations.
In
the meantime, there are concerns whether it can really be implemented.
1.
There
are quite a few “bedrock” regulations unmentioned in the Japan Revitalization
Strategy Revised in 2014. One example is the provision in agriculture that “general
joint-stock companies cannot own farmlands.”
2.
With
regard to the JA reform, it only decided a course to advance reforms in June. A
key to such reform is the actual drafting of the bill and specific legislative
designing. It accompanies concerns that some will take the teeth out of a bill
in its drafting process.
3.
There
are more to do with the National Strategic Special Zones. While the bill
entailing additional regulatory reform measures (relaxation of residing
conditions of foreigners, lifting ban on privately-managed public schools,
etc.), in addition to the initial reform menu in 2013 (floor-area-ratio, bed
number in hospitals, etc.), was submitted to the extraordinary Diet session in
autumn, it was discarded due to the Lower House dissolution and therefore
shelved to the ordinary Diet.
To
summarize, there was virtually no progress of “bedrock” regulatory reform
realized as legislation last year (an exception is the second-round legislation
of power system reform enacted in the ordinary Diet session). One year has already
passed since Abe’s “two years” promise in Davos, meaning there is just one year
left to realize his pledge. It requires great attentions to what extent the
Cabinet will realize reforms of the “bedrock” regulations from the ordinary
Diet session to be convened in this January.