LEGISLATION AS A LUCRATIVE ENTERPRISE


      What is a fetcher bill?  William Safire's Political Dictionary defines it as "a legislative proposal designed to attract a bribe to bury it."  Another definition elucidates on it as "a measure that, by threatening to curtail some commercial interests, provides incentive for a payoff to obtain the death of the bill".  The obvious flip side of either definition is that it can also be a bill that seeks to grant some advantage or privilege to identified individuals or sectors that are pre-contracted to provide incentives for the expeditious enactment of the measure.  Example of this is a proposed legislative franchise to engage in certain areas of business.  The other type of legislative proposal is an omnibus measure where many interests are affected, more often unfavorably, and they are prompted to mount  lobbies or representations for favorable amendments or deletions in the proposed law.  This is where the action is, so to speak, as many parties are brought into the debates and negotiations while lawmakers will take time and opportunity to evaluate the benefits that will materialize from the arguments and representations brought to bear.

        Current example of this omnibus bill is the TRAIN (Tax Reform for Acceleration and Inclusion) which, according to some solons, went through railroaded ratification in the House, approved and finally signed by President Duterte.  Many sectors alleged and, presumably so, that big lobbies mounted by big industries were convincing factors for the final shape of the enacted measure in reference to the numbers or percentages of tax increases and reductions affecting them and insertion of other provisions translating to financial gains for them.  This somehow supports and hints at the reason behind that allegation that it was railroaded because, while the majority backing for its approval was a foregone result, some congressmen allegedly felt that their participation in the evaluation of the bill was not satisfactory and the principal endorsers of the measure decided it wiser to fast-track or railroad the ratification in order to preempt those unsatisfied solons from raising points that will only delay the approval or otherwise complicate matters.  Just let the dissatisfied congressmen make their press releases of objections and criticisms after the bill has been approved and delivered is the preferred way.

       Newspapers occasionally carry items about the filing of a bill or legislative proposal on subjects not of national or general interest but referring only to some limited and specific commercial interest or activity.  Here, filing only means that the bill been received in the office of the legislative secretary before it is referred to a legislative committee, where it may not even be calendared for consideration along with a hundred other bills, yet publicity already attends its mere filing.  That is unusual but to the knowledgeable observers, the publicity is just a ploy, with the unwitting or likely complicit participation of some media persons, the news item is just a notice to all that may be affected by such a bill to seek out the author of the bill to make representations either to stop it or make it as harmless as possible to their interest.  Or convince the author not to anymore push for its consideration and just allow the proposal to gather dust in the files of the committee.  This is obviously the simplest and most expedient way to kill a bill judging by the thousands of various private commercial bills that have been received and not acted on over the years by the various legislative committees of Congress. That also gives an idea of the magnitude of the areas for potential business negotiations.         

       This business side of legislation is an open secret, an expected and accepted normal.  "Pagkikitaan naman yan!" is the usual reaction of observers whenever it is known that a bill affecting private business interests is under legislative consideration.  To this, hardly is there any more audible voice of protest or objection from lawmakers, except that those directly involved will challenge anyone to prove anything but only in accordance with the strict legal rules on evidence which may not admit even what one sees and smells everyday.  Political and social commentators have also stopped being bothered about this and have evidently accepted this corrupt reality and the futility of trying to change it.

         It would be interesting and confirmatory of what one feels in the air if a survey is done to determine how much public respect is still left for members of Congress, especially behind their backs.  Meantime, if you see a flashy expensive car with the low plate number, don't look inside for a congressman imbued with some ideal concerns for people and country.  That specie is already extinct or at best, very rare.  What you will see is charlatan somehow misplaced in Congress enjoying his perks and contriving how to peddle his power and influence for personal gains.

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