[Case overview]

Casino (IR) attraction plan

In Osaka, strong opposition from citizens of the prefecture continues due to concerns about an increase in gambling addiction (as of October 2020, "agree" 37%, "disagree" 52% ("Osaka IR invitation" disagree "52%," Despite the 70% head office survey that I want to go to the Expo, Nihon Keizai Shimbun, October 20, 2020)), a plan to attract casinos (IR) is underway.

The IR Promotion Law was enacted in 2016, the IR Maintenance Law and the Basic Law for Countermeasures against Dependence such as Gambling were enacted in 2018, and in Osaka, a business operator scheduled to operate was selected in September 2021. The plan is steadily progressing toward this point, and the government plans to officially determine candidate sites and select developers by the end of 2022.

In addition, it is reported that Osaka Prefecture and the city have offered unilaterally favorable conditions to casino operators. For example, it is an "unequal" contract in which a business operator can withdraw at any time if profitability deteriorates, but cancellation from Osaka Prefecture / city is not possible in principle for 65 years.

Request for disclosure to Osaka City

So why did you decide to present such a condition? I have a record of discussions between a casino operator (MGM / Orix Consortium) and Osaka City (In Osaka, the "IR Promotion Bureau" that integrates prefectures and cities has been set up, so this discussion record also includes Osaka Prefecture. I requested disclosure (possibly), but all of them have not been disclosed.

(Notice of non-disclosure reason)

Reason for non-disclosure

There are three reasons for not disclosing the consultation record. It is summarized below.

(1) Based on the knowledge and know-how of the business operator ... Because there is a risk of harming the rights, competitive position and other legitimate interests of the corporation, etc. by making it public.

(2) By making it public, there is a risk that frank exchange of opinions or neutrality of decision-making will be unreasonably impaired, there is a risk of unreasonably causing confusion among citizens based on misunderstandings and speculation, and it is unreasonable for specific persons. Because there is a risk of giving profits or causing disadvantages to.

(3) Because there is a risk of unreasonably harming the property interests of the city or the status as a party by making it public.In addition, since IR is certified up to three locations nationwide based on the Specified Complex Tourist Facility Area Development Law, Osaka City and Osaka Prefecture have a competitive relationship with other cities aiming to promote and realize IR. be. (Therefore, if the document is made public), it may hurt the competitive position of Osaka City and hinder the proper execution of IR-related businesses.

Problems of non-disclosure reasons

There are a number of problems with these three "reasons," but here are two major issues.

First, what is "fear"? Is the problem. Regarding the probability of being "risk", the judicial precedent states that "risk is not enough for abstract danger / possibility, and is objective and possible," as stated in Article 5 of the Information Disclosure Law (reason for non-disclosure). It should be understood that it is necessary to have a specific danger / possibility "(December 11, 2014, Osaka District Court decision).

Second, is it okay to keep the casinos that are attracted as part of public works projects undisclosed in order to further protect the "knowledge and know-how of businesses" and "competitive position of the city"? Is the problem. Since it is not a business run by a private company alone, it would be a big problem if the city of Osaka interacted with the business on the premise that it would not be open to the public. And if there is very limited know-how that the business operator will not be able to stand if it is made public, it is only necessary to mask (black paint) it and make it public, and all is not disclosed. There is no reason to do it.

As an aside, he said, "Up to 3 locations nationwide ... (Osaka City and Osaka Prefecture) are in a competitive relationship with other cities." Only two cities, Osaka and Nagasaki, applied. The reason for this has already collapsed.

Information disclosure is indispensable for re-questioning the significance of attracting casinos (IR) to Osaka and for maintaining the transparency of administrative processes. We will file a proceeding to overturn the unjustified decision of Osaka City.

[What is required in the proceedings]

The target official documents that I requested disclosure and identified by Osaka City are as follows.

(1) Examination documents related to the business proposal of the Osaka / Yumeshima area specific complex tourist facility installation / operation project submitted by the MGM / ORIX Consortium, which is the planned installation / operation project.

(2) Record of discussions between the MGM / ORIX Consortium, which is the planned installation and operation business, and Osaka City.

In particular, the consultation record is important for confirming what kind of consultation has been carried out and whether there are any strange transactions that have not been released yet.

Osaka City has taken an advanced approach in information disclosure. We should stick to that attitude about casinos and make them all public.

[Social significance of this case]

Casinos have many problems, such as "gambling addiction." Moreover, it is a business in which taxes are invested. A transparent process is indispensable for problems that have pros and cons like casinos.

First, the debate about building a casino itself needs to be exhausted.

Second, even if we can agree to build a casino as a result of the discussion, "whether we should attract using taxes" needs another discussion.

In particular, gambling addiction is still a serious problem. Local governments are proactive in creating "businesses" that create unhappy people who make gambling addiction more serious than they are now, even though many of the current restricted public gambling suffers. More discussion is needed on attracting.

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