Last organic bill cleared as NLA approves Senate selection law

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File photo
File photo

Last organic bill cleared as NLA approves Senate selection law

politics January 27, 2018 14:37

By Kas Chanwanpen
The Nation

2,132 Viewed

The last organic bill, the Senate selection bill, was passed by the National Legislative Assembly (NLA) on Friday evening after almost 12 hours of debate.

The bill sailed through the NLA with 197 votes for, no votes against, and seven abstentions.

The bill will be enforced after promulgation without further delay.

Legislators made a major change to the bill by cutting the number of groups in the Senate from 20 to 10.

Constitution Drafting Commission (CDC) member Chartchai Na Chiangmai argued against the move. The number 20 had been concluded from a public survey, he said. The bigger number guaranteed that there was a greater variety of members in the Senate, he added.

NLA member Somchai Sawangkarn, however, claimed that the bigger the number of groups, the smaller the number of members and the higher risk of block voting.

It could open the way for political groups to interfere more easily, he argued.

The CDC, which drafted the bill, had designed the Senate to consist of professional guilds in the first place because, it wanted to keep political influence away from the Upper House and make it truly representative of the people.

Somchai said that unless the number of groups was reduced, it was very likely that the Senate would not be independent as hoped.

Eventually, the NLA endorsed the change with 166 to 35 votes and five abstentions.

The vote came despite fierce criticism of the groupings. For instance, women, people with special needs and the elderly were put into the same group, raising the question of whether this was discrimination.

The NLA also agreed that the Senate would come from two origins. Half would be independent candidates while the other half would represent professional associations.

CDC member Udom Rathamarit cautioned against the move, saying it was beyond what the Constitution allowed.

Other major changes were with the selection process. Previously, the CDC had laid out that the Senate be cross-selected among the groups. But the NLA concluded that representatives be elected by members within their group.

The application fee has also been increased twice, from Bt2,500 to Bt5,000.

After its passage, the bill willbe submitted to related agencies for review. If they disagree, a joint committee will be set up to revise the bill.

If the agencies do not raise any issue, then the bill will be sent to the prime minister to seek royal endorsement.

TEN SENATE GROUPS

1. Public administration and security: former public servants, officials and others

2. Law and justice: former judges, public attorneys and other legal professionals

3. Education and public health: former teachers, lecturers, researchers, doctors, nurses, pharmacists and others

4. Agriculture: farmers, stock raisers, fishermen and others

5. Non-government employees: blue- and white-collar workers, freelancers and others

6. Environment, real estate, public utility, science, media, energy and others

7. Small and medium enterprises (SMEs)

8. Women, the elderly, people with special needs, ethnic groups

9. Arts and culture

10. Other

Court allows ‘We Walk’ protest to proceed

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Photo from People Go Network  Facebook page
Photo from People Go Network Facebook page

Court allows ‘We Walk’ protest to proceed

politics January 27, 2018 14:24

By The Nation

2,976 Viewed

The activists on the “We Walk” mark have been granted the temporary protection under an Administrative Court order, so they can continue their peaceful campaign without interference from the police.

The Administrative Court on Friday issued a court order to the Royal Thai Police to facilitate members of People GO Network to carry on their long march from Thammasart University to Khon Kaen. The order says police should refrain from conducting any operation against the exercise of freedom of expression by the activists until the end of the march on February 17.

The court ordered the police to follow their duty as per the Article 19 of the Public Gathering Act to provide security, manage traffic and ensure the protest will follow the law and is peacefully arranged.

However, police still reserve the right to ask the court to cancel the protest and to issue other enforcement if the protesters violate the laws

Organisers of Pathumwan intersection protest told not to break law

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Maj-General Piyapong Klinphan, spokesman for the National Council for Peace and Order (NCPO)
Maj-General Piyapong Klinphan, spokesman for the National Council for Peace and Order (NCPO)

Organisers of Pathumwan intersection protest told not to break law

politics January 27, 2018 14:12

By The Nation

2,363 Viewed

The junta has warned a pro-democracy group’s gathering to protest a possible delay to the next election that it could risk breaking the law.

Maj-General Piyapong Klinphan, spokesman for the National Council for Peace and Order (NCPO), said on Saturday that security agencies would monitor the movement in order to keep peace and order.

He said he believes there will be no violence or chaos.

“We will communicate with them in a lenient way, issue warnings and ask for cooperation. But if there is anything that violates the law, we will tell them not to [do that] because it is unlawful and violates others’ rights. Finally, it would be a bad example for others,” he said.

An assembly set to be held by the Democracy Restoration Group at 5.30pm on Saturday at the skywalk over the Pathumwan intersection as a mark of defiance against the ruling National Council for Peace and Order (NCPO) and protest against the possible delay of the next general election.

The gathering is aimed at protesting the National Legislative Assembly’s passage of the MPs election law that could effectively postpone the next election by another three months.

“We know they intend to portray an image of disorder with the protest because the place [where they will hold the protest] is a public space. But what we need now is peace in the country. I beg you not to do anything violating the laws,” said Piyapong, who is also commander of the 11th Military Circle.

Piyapong added that the movement should submit letters to the NCPO directly if they wanted to register their disappointment, rather than stage a demonstration, because this is not the right time to do so.

After staging the coup in 2014, the NCPO issued an order banning political gatherings of five people or more.

Democracy activists plan rally over likely election delay

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Democracy activists plan rally over likely election delay

Breaking News January 27, 2018 10:42

By The Nation

Pro-democracy activists are planning to hold a demonstration on Saturday to protest against the passage of the MPs election law that would effectively postpone holding of the next election by another three months.

The election was tentatively scheduled for November this year.

“The assembly of citizens desiring to vote” will be held by the Democracy Restoration Group at 5.30pm at the skywalk over the Pathumwan intersection, central Bangkok, as a mark of defiance against the ruling National Council for Peace and Order (NCPO).

“If we let it [the delay of the election] happen without doing anything, the NCPO will, in future, find ways to postpone [the election] again and again,” the group wrote on its Facebook page yesterday.

The group said people who feel sick about the “indefinite” delay in the holding of the election were invited to join forces and voice their discontent so that the NCPO would realise people will not tolerate their use of power for their own interests.

The National Legislative Assembly (NLA) late on Thursday passed the MPs election bill with a clause that delays it coming into effect for 90 days after its promulgation.

Critics have slammed the move as indicative of the NCPO’s desire to cling on to power.

Prayut keeps the country guessing about election

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Prayut keeps the country guessing about election

politics January 27, 2018 06:38

By The Nation

Premier and his deputy Prawit not ready to concede poll will be delayed following the passage of MPs election law by NLA

The government’s most senior figures – the prime minister and his first deputy – have sent conflicting signals as to when the next general election will be held.Prime Minister Prayut Chan-o-cha said during his trip to India yesterday that he acknowledged the possibility of an election delay following the passage of the revised MPs election bill. But he said the matter is not yet finalised and his government would stick to the road map to the coming election. “It’s still not finalised if the election will be postponed or not [from the tentative schedule]. I don’t know what will happen. This matter is about the legal mechanism,” the PM said.

Prayut said the situation was created by the National Legislative Assembly (NLA), which passed the law, and he could not over-ride its authority. However, his government has a road map and is following what has been announced, Prayut said, without elaborating on specifics.

Deputy PM General Prawit Wongsuwan said yesterday that an election would definitely be held and added that there would be no further delay. He held out the possibility of the junta lifting the ban on political activities if the situation was calm and procedures were followed.

“It’s good [that the NLA has passed the bill] because people keep asking when the election will be held,” Prawit said.The NLA late on Thursday passed the MPs election bill with a clause that delays it coming into effect for 90 days after its promulgation.The lawmakers voted 213 to zero with four abstentions, after almost 14 hours of deliberations.

As a result, the next election, tentatively scheduled for November this year, could now be delayed until February next year.Prawit yesterday declined to comment on a remark that the passage of the bill would result in the road map being delayed, saying the NLA had decided on the matter and so no further questions were needed.

Prawit also said there was no need to explain the move to the international community, which has repeatedly shared its concerns over Thailand being governed by a junta-backed government since 2014.The international community wishes to see the election held, and it will be, said Prawit. It has just been delayed for three months, he said. It is clear that no further delay would take place, and the current delay still follows what was permitted under the charter. The deputy PM said he could see no reason to impact the election timing.If the situation is calm and procedures are followed, the junta would consider lifting the political ban, he added.

Prawit also rejected the notion that the junta had pressured the NLA to delay the election. The bill originated with and was passed by the NLA, which considered the amendment well into the night, he said.Following the passage of the MPs election law, Prayut said yesterday he was ready to abide by it as well follow other legal procedures. This, he said, did not mean he was sending a signal to anyone. Prayut vowed to perform his duty to the best of his abilities and any changes would follow procedures as required by law. He also urged that other people, as well as politicians, do their part to the best of their ability.

The prime minister said everyone wants to have the election, but he asked whether the country would find itself back in the same situation. To make the country stable, the premier urged people to think things through, look at every aspect, and come up with measures to deal with it. This is Thailand, he said, and people who are in the same democratic circle are all Thais.

The junta chief said if the election was delayed, nothing much would change as the government would follow its road map and the required procedures. The government has been pursuing three key steps, he said – fixing immediate problems, preparing the constitution and related laws, and preparing for reforms.

The premier concluded that the delay was not final at this point, but acknowledged that it could be when the law was passed.Meanwhile, some observers believed a 90-day delay in the election would not have any major adverse impact.Deunden Nikomborirak, research director for economic governance at the Thailand Development Research Institute (TDRI), said that in her view a three-month delay in the election was “acceptable to society. But any further delay could lead to uncertainties and raise questions whether there would actually be an election at all,” she added.

Chalat Chinthammit, assistant vice president of Khon Kaen Sugar Industry Plc, said yesterday that he did not think an election delay would affect Thailand’s credibility in the eyes of foreign investors if the government had a clear timeline and reason.Meanwhile, veteran politician Somsak Prisanananthakul, from the Chart Thai Pattana Party, said the NLA decision to stay the enforcement of the MPs election law for 90 days would adversely affect Prayut’s credibility although the PM denied interferring with the work of the legislature.

“However, I am still convinced by the prime minister’s words that there will be an election by November this year,” he added.

NLA allows delayed enforcement of MPs election bill

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NLA allows delayed enforcement of MPs election bill

politics January 27, 2018 01:00

By KAS CHANWANPEN
THE NATION

THE NATIONAL Legislative Assembly (NLA) late on Thursday night passed the MPs election bill with a clause that delays it coming into effect for 90 days after its promulgation.

The members voted 213 to zero with four abstentions. The bill was passed after almost 14 hours of deliberations on Thursday.

In the second reading of the bill, the stipulation deferring its enforcement by three months after the law is published in the Royal Gazette was passed with 196 votes for, 12 against, and 14 abstentions. As a result of the new law, the next election, tentatively scheduled for November this year, could now be delayed until February next year.

The majority of the law vetting committee members reasoned that political parties needed the additional time to make changes in accordance with the new regulations. For instance, they would need to hold primary elections. Also, new members would not be eligible to contest in the election unless their membership was at least 90 days old, the legislators argued.

Some NLA members proposed an even longer postponement – by 150 to 180 days.

The lawmakers also spent considerable time debating punishment for those failing to exercise their voting rights, as well as the appropriateness of using entertainment in election campaigns.

The law vetting committee had proposed that voters who did not exercise their franchise should be disqualified from serving in some areas of the government sector such as in Parliament. The legislators, however, disagreed, saying the punishment was disproportionate and deprived people of their rights.

Not voting was not necessarily a lack of interest in politics but could be a way of expressing discontent, they argued. The NLA eventually voted to only take away their right to appoint political officials and heads of local administration offices.

The NLA also voted to allow entertainment or recreational activities during election campaigns, but capped the spending on such activities at 20 per cent of the total campaign budget. The charter drafters had sought a ban on entertainment activities in election campaigns, arguing it could be used for vote-buying and corruption.

Other legislators viewed it as an attraction to draw people to take part in political activities. Following the passage of the bill, it would now be sent to the Election Commission and the Constitution Drafting Commission for review. After getting their nod, it would be sent to Prime Minister Prayut Chan-o-cha to seek royal endorsement.

If the two commissions disagreed, a joint committee would be set up to revise the law. The NLA continued deliberating on the organic bill on the composition of the Senate yesterday. It was the last one of the 10 organic laws.

The Democratic Restoration Group, meanwhile, announced a symbolic gathering today against the National Council for Peace and Order to protest against the likely postponement of the election following the passage of the MPs election bill.

The group said this was the junta’s idea to buy time to campaign for their votes and cling on to power.

They called on interested persons to join them on the Skywalk at the Pathumwan intersection from 5.30pm.

  Key facts in MP election bill

Entertainment activities allowed during election campaigns

Campaigning through social media allowed

Debates to be organised only by the Election Commission

Campaign banners can be erected at designated locations only

Candidates of the same party may get different election numbers

No refund of the Bt10,000 election application fee

Election campaign budget of MP candidates will be set separately from the party’s budget

Winning candidate must get the most number of votes, which must be more than the total “No Vote”.

Balloting will take place from 7am to 5pm

Casting of votes through other means allowed

People can notify authorities about election fraud

Transport of voters across province boundaries banned

Political rights will be revoked if people don’t do their election duty

Severe penalties to be imposed

Final word not out yet on election

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Final word not out yet on election

Breaking News January 27, 2018 01:00

By The Nation

NEITHER PM PRAYUT OR HIS DEPUTY PRAWIT READY TO CONCEDE NOVEMBER POLL NOT POSSIBLE AFTER PASSAGE OF MPS ELECTION LAW

THE GOVERNMENT’S most senior figures – the prime minister and his first deputy – have sent conflicting signals as to when the next general election will be held.

Prime Minister Prayut Chan-o-cha said during his trip to India yesterday that he acknowledged the possibility of an election delay following the passage of the revised MPs election bill. But he said the matter is not yet finalised and his government would stick to the road map to the coming election.

“It’s still not finalised if the election will be postponed or not [from the tentative schedule]. I don’t know what will happen. This mater is about the legal mechanism,” the PM said.

Prayut said the situation was created by the National Legislative Assembly (NLA), which passed the law, and he could not over-ride its authority. However, his government has a road map and is following what has been announced, Prayut said, without elaborating on specifics.

Deputy PM General Prawit Wongsuwan said yesterday that an election would definitely be held and added that there would be no further delay. He held out the possibility of the junta lifting the ban on political activities if the situation was calm and procedures were followed.

“It’s good [that the NLA has passed the bill] because people keep asking when the election will be held,” Prawit said.

The NLA late on Thursday passed the MPs election bill with a clause that delays it coming into effect for 90 days after its promulgation.

The lawmakers voted 213 to zero with four abstentions, after almost 14 hours of deliberations.

As a result, the next election, tentatively scheduled for November this year, could now be delayed until February next year.

Prawit yesterday declined to comment on a remark that the passage of the bill would result in the road map being delayed, saying the NLA had decided on the matter and so no further questions were needed.

Prawit also said there was no need to explain the move to the international community, which has repeatedly shared its concerns over Thailand being governed by a junta-backed government since 2014.

The international community wishes to see the election held, and it will be, said Prawit. It has just been delayed for three months, he said. It is clear that no further delay would take place, and the current delay still follows what was permitted under the charter.

The deputy PM said he could see no reason to impact the election timing.

If the situation is calm and procedures are followed, the junta would consider lifting the political ban, he added.

Prawit also rejected the notion that the junta had pressured the NLA to delay the election. The bill originated with and was passed by the NLA, which considered the amendment well into the night, he said.

Following the passage of the MPs election law, Prayut said yesterday he was ready to abide by it as well follow other legal procedures. This, he said, did not mean he was sending a signal to anyone. Prayut vowed to perform his duty to the best of his abilities and any changes would follow procedures as required by law. He also urged that other people, as well as politicians, do their part to the best of their ability.

The prime minister said everyone wants to have the election, but he asked whether the country would find itself back in the same situation. To make the country stable, the premier urged people to think things through, look at every aspect, and come up with measures to deal with it.

This is Thailand, he said, and people who are in the same democratic circle are all Thais.

The junta chief said if the election was delayed, nothing much would change as the government would follow its road map and the required procedures. The government has been pursuing three key steps, he said – fixing immediate problems, preparing the constitution and related laws, and preparing for reforms.

The premier concluded that the delay was not final at this point, but acknowledged that it could be when the law was passed.

Meanwhile, some observers believed a 90-day delay in the election would not have any major adverse impact.

Deunden Nikomborirak, research director for economic governance at the Thailand Development Research Institute (TDRI), said that in her view a three-month delay in the election was “acceptable to society”.

“But any further delay could lead to uncertainties and raise questions whether there would actually be an election at all,” she added.

Chalat Chinthammit, assistant vice president of Khon Kaen Sugar Industry Plc, said yesterday that he did not think an election delay would affect Thailand’s credibility in the eyes of foreign investors if the government had a clear timeline and reason.

Meanwhile, veteran politician Somsak Prisanananthakul, from the Chart Thai Pattana Party, said the NLA decision to stay the enforcement of the MPs election law for 90 days would adversely affect Prayut’s credibility although the PM denied interferring with the work of the legislature.

“However, I am still convinced by the prime minister’s words that there will be an election by November this year,” he added.

NLA halves to 10 the number of guild groups that will compose the future Senate

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NLA halves to 10 the number of guild groups that will compose the future Senate

politics January 27, 2018 01:00

By KAS CHANWANPEN
THE NATION

THE NATIONAL Legislative Assembly (NLA) yesterday voted to overturn the original Senate organic bill, halving the number of Senate groups to 10 in a bid to prevent bloc voting.

The Assembly spent three hours debating the issue before the president, Pornpetch Vichitcholchai, called a break so that opposing legislators could discuss the issue privately and reach a conclusion.

The deadline for the enactment was yesterday and Pornpetch was ensuring the deliberation finished in time.

Legislators later voted 166 to 35, with five abstentions, in favour of the change to the Senate groupings.

The passage was despite the Constitution Drafting Commission (CDC)’s argument that the original 20 professional guilds were more inclusive and that the greater number made it more difficult for bloc voting.

The opponents of the clause, such as NLA member Somchai Sawngkarn, argued that in the groups where there were fewer members, bloc voting would more easily occur.

Somkit Lertpaithoon, chairman of the vetting committee, also said there was overlapping between some of the 20 original groups.

Still, the potential for bloc voting remained a major concern. Somkit said that the Election Commission would have to come up with measures to prevent such fraud.

At the start of deliberations yesterday, Somchai also proposed that the enforcement of the bill be put off by 90 days in accordance with its sister bill on the MPs election.

Pornpetch ordered that the committee review the bill and see whether any more changes were needed to match the MPs election law.

The Assembly did not settle whether or not to delay the enforcement of the bill.

As of press time and after more than eight hours of discussion, the NLA had not started voting on the second reading except for some contentious clauses involving composition of the Senate.

The Constitution requires that the Senate be comprised of 200 members selected from different professional guilds.

In the first five years, however, the Senate would have 250 members handpicked by the ruling National Council for Peace and Order.

The Assembly agreed that the senator candidates be divided into two equal groups, one of independent candidates and the other of those fielded by professional associations.

The proponents said that the division could reduce the risk of bloc voting, while the CDC representatives were concerned it could cause questions of constitutionality.

Another issue of concern included the cross-selection of senators, the CDC’s tool to prevent collusion. The NLA’s law vetting committee proposed dropping it and replacing it with selections from within the groups.

Charter Court to rule on the anti-graft members’ qulification

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Charter Court to rule on the anti-graft members’ qulification

politics January 26, 2018 19:36

By The Nation

THE CONSTITUTIONAL Court on Friday accepted a petition asking them to review whether amendments to an approved anti-graft law were constitutionฌ al. The court will examine an amendment made by the National Legislative Assembly (NLA) concerning the qualifications of the current National Anti Corruption Commissioners.

The Constitution Drafting Commission (CDC) had drafted the NACC law governing the body, allowing NACC commissioners to remain in office only if they met qualifications or were not disqualified as stipulated in the charter.

The NLA then passed the organic law, amending it with the waiver of some disqualifications of the body’s members addressed in the charter, resulting in all members remaining in office.

Some 32 NLA members decided to propose that its president forward their petition to the court, asking it to rule whether the amended law is constitutional or not.

NACC President Pol General Watcharapol Prasarnrajkit, who also benefited from the NLA’s wiaver, earlier said he was not worried about the petition.

Watcharapol, and some other NACC commissioners have had their qualifications questioned; they either lacked qualifications or had areas of disqualification under the charter.

The Court required representatives of the NLA, the CDC, and the NACC to submit their explanations by February 5.

Prayut acknowledges delay, urges public to avoid country returning to same point after election

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Prayut acknowledges delay, urges public to avoid country returning to same point after election

politics January 26, 2018 15:50

By The Nation

Prime Minister Prayut Chan-o-cha said during a trip to India on Friday that he acknowledges the election delay following the passage of an amendment to the MP election bill, but said the matter is not yet finalised and his government will stick to the roadmap to the coming election.

Prayut said the matter is driven by the National Legislative Assembly, which passed the law and he could not over-ride its authority. However, his government has a roadmap and is following what has been declared, Prayut said, without elaborating what that meant.

Following the MP law’s passage, Prayut said, he is ready to follow it and other legal procedures that follow. This, he said, did not mean he is sending a signal to anyone. Prayut vowed to perform his duty to the best of his abilities and any changes would follow procedures as required by law. He also urged that other people, as well as politicians, do their part the best they can.

Prayut said everyone wants to have the election, but he asked whether or not the country would find itself back in the same situation. To make the country stable, the premier urged, people should think things through, looking at every aspect and coming up with measures to deal with it.

This is Thailand, he said, and people who are in the same democratic circle are all Thais.

Prayut said if the election was delayed, nothing much would change as the government would follow its roadmap and required procedures. The government has been pursuing three prime steps, he said – fixing immediate problems, preparing for the constitution and related laws and preparing for reforms.

The premier concluded that the delay was not finalised at this point, but acknowledged that it could be when the law was passed.