815停電與責任政治的忸怩

邱文聰 (中央研究院法律學研究所副研究員)

當世大運從開幕以來的種種激情,正佔據多數民眾的目光,不過幾天前大停電事件的輿論壓力,似乎逐漸轉移。但熱血激情卻不該是縱容政治人物健忘的藉口。

815停電後,蔡政府進行了請辭、道歉、報告備詢的危機處理,希望就此止血,但整件事除了台電與中油內部系統性的治理沈痾外,其實也透露政府體制長期的諸多問題。

首先,經濟部雖是台電與中油等國營事業的主管機關,但國營事業的人事任免,從來不是主管部會層級可自行決定。現行「行政院所屬國營事業機構負責人經理人董監事遴聘要點」的規定,形式上雖由各主管機關將擬提人選報政院核派,但歷來藍綠政府的國營事業董座與經理人,多是分派政治資源平衡派系的籌碼,少不了由手握最高政治權力者的直接操盤欽點。這種模式下出現「小部長、大董座」,著實不意外。815停電後,李世光先下台,油電董座卻竟覺安然,正此寫照。

其次,蔡英文總統在個人臉書、在民進黨中常會上對全國講話,就是不在總統府的正式場合為之。蔡總統刻意迴避總統身分,而以執政黨主席之名,對停電表達歉意,固然可能出於她自認現行憲法下的總統職權,不及電力供給的內政,因而拐彎繞道。但也正如蔡總統一再嘗試藉由「執政決策協調會議」、「官邸約見官員」、「政務官至中常會報告」等憲政外掛機制,希望突破現行憲法政府體制以行政院為「國家最高行政機關」的束縛,更直接地掌握行政權,同樣易遭致非議。現行憲法似乎讓蔡總統想要有權,卻必須忸怩遮掩;想負責,卻也難能光明正大。政府體制的憲政改革已經到了一個再不做,就只是縱容打心底不想「權責相符」的人,坐收紅利的時刻了。

但蔡總統若真想要一丁點權責相符地施展總統的權力、承擔總統的責任,其實並不難。現行憲法規定總統至立法院國情報告的機制,正是她展現其追求權責相符之憲政權力的不二法門。與其讓林全為蔡總統的能源政策上台備詢,不如請蔡總統在國會,向全民報告並捍衛她的政策吧!

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