Proposals for reform

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Suriyasai

Suriyasai

SURIYASAI KATASILA, a deputy dean at Rangsit University’s College of Social Innovation, has chipped in with proposals for party reform which he thought should be included in the future organic law on political parties.

– Parties’ budget management should be scrutinised more closely by independent organisations such as the Election Commission, Anti-Money Laundering Office, Auditor-General’s Office and the Ombudsman. It has been hard to track parties’ budgets from out-of-system sources that often came in large chunks.

– The roles of member-screening committees should be strengthened to balance against parties’ leaders when endorsing memberships.

– The roles of policymaking and democracy-promoting committees should also be more prominent in party arenas.

– Parties should adopt the primary election system in selecting MP candidates in order to field true representatives of the people.

– Heads of parties’ branches should also be able to participate in selecting their party leaders.

Prayut govt ‘the most popular in years’

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SURVEY

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Poll respondents concerned about economy, southern insurgency and morality.

THE military-led government is more popular than any other administration in recent times, but its popularity comes at a time when people are concerned about economic downturn, the insurgency in the far South and the public’s rights, according to results of a Suan Dusit poll released yesterday.

Of 1,254 people surveyed across the country, almost 78 per cent like Prime Minister GeneralPrayut Chan-o-cha’s government for its decisiveness, demonstration of clear working timelines and anti-graft policies.

The junta government proved more popular than the Thaksin Shinawatra government, which was favoured by 70 per cent of respondents surveyed for the good economy under its stewardship, its populist policies and the country’s international standing at the time.

The Abhisit Vejjajiva, Chuan Leekpai and Yingluck Shinawatra governments polled 63 per cent, 59 per cent, and 54 per cent respectively.

The survey was conducted from Monday to Saturday under the title “People’s opinions toward Thai governments”.

When asked what has worsened during Prayut‘s rule, 76 per cent pointed to the economy and prices for agricultural goods, almost 67 per cent said Southern insurgency and bombing incidents, and more than 56 per cent said rising conflicts and controls over people’s rights and freedom.

Asked what has remained unchanged, almost 81 per cent said expensive living costs, nearly 80 per cent highlighted fractious politics, and more than 60 per cent said crime issues and declining social morality.

Asked what political issues interested them, more than 83 per cent said the use of the interim charter’s Article 44 in suppressing corrupt civil servants and politicians as a quick way to deal with the country’s prominent problems.

Almost 75 per cent focused on the charter draft and registration of political parties as they wanted the national election to happen soon; 68 per cent pointed to the long-running Southern insurgency and bombings because they want peace returned; while more than 67 per cent were interested in the Prayut administration, and nearly 56 per cent sought news on possible graft related to state-budget management.

Meanwhile, Bangkok Poll results revealed yesterday that of 1,156 people surveyed countrywide, more than 26 per cent would support Prayut staying on as premier in a national election, while almost 4 per cent would back Yingluck and Abhisit.

The survey was conducted under the title “Popularity of Thai political parties a month after the referendum on the charter draft”.

Asked what political party they favoured, almost 17 per cent went for the Democrats, 15 per cent preferred Pheu Thai and 1 per cent said Chart Thai Pattana. All parties had declining popularity compared with a May survey, Bangkok Poll said.

“Populist policies could be good”

Almost 60 per cent of surveyed people disagree with parties’ pro-populism approach, as they believed it benefitted only certain groups, while 32 per cent agreed with it. Around 64 per cent, however, agreed if parties use populist policies in creative ways to solve issues relating to expensive living costs, agriculture and education.

In a related development, Super Poll yesterday released results of a survey conducted under the title “[The referendum’s] additional question and public confusion and concerns”. The question, approved in the referendum, calls for the two houses in Parliamentary to jointly select the prime minister.

Legal experts are considering the question based on what extent it should be interpreted and how the charter draft should be amended accordingly. The junta government has voiced its proposals to charter drafters on the issue.

Of the 1,559 people surveyed nationwide from Monday to Saturday, almost 86 per cent admitted to confusion on the issue and nearly 65 per cent – 5 per cent more than those surveyed last month – also admitted to being worried over the issue.

Asked for public suggestions on the issue, almost 55 per cent wanted responsible officials to reach a mutual agreement before presenting the matter to the public, 48 per cent wanted to hear useful information from the government, nearly 42 per cent said political blocs should seek common ground, and more than 38 per cent said the government should not spark political conflict.

NRSA backs down on re-registering parties

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Jatuporn

Jatuporn

PARTIES that did not want to re-register could submit a letter confirming membership of existing members, the political reform committee of the National Reform Steering Assembly (NRSA) resolved yesterday.

The committee’s resolution came despite a planned proposal to the Constitution Drafting Commission (CDC) that the organic law on political parties should require all parties to re-register with the aim to reorganise “tangled” party affairs.

The resolution also came with several new regulations on party management, requiring for example that party members would donate Bt200 to their parties each year while the government would also provide Bt2 million to each party.

The plan has been opposed by several party members.

Any party not conforming to the rule would automatically have its membership nullified. False confirmations – for instance, if people’s names are submitted without their consent – could also land parties in trouble.

“We don’t want to become culprits, accused of abusing parties,” committee member Sompong Sakawee said, explaining why the NRSA had changed its mind.

“Initially, [with an earlier planned proposal] we wanted parties to be financially supported by people and the government,” he said “But they rejected it. So now it’s their choice.”

Red-shirt leader Jatuporn Prompan yesterday also opposed the re-registration idea, saying that the budgetary sources proposed would be “nothing” compared to parties’ operating costs. Meanwhile, the idea of resetting long-established political parties by making them re-register was discussed by lawmakers over the past few weeks but it might not resolve the country’s endemic corruption problems because it would not address the root cause, academics said.

“Resetting the institutional parties to zero would only cause politicians to disperse like bees flee when their beehive catches fire, moving them to a new haven and to start doing the same things,” said political academic Yutthaporn Issarachai, deputy rector of Sukhothai Thammathirat University.

Yutthaporn’s remark came after a public debate on whether political parties should be made to re-register under a new draft bill. The idea has become controversial since the constitutional draft passed the August 7 referendum, paving the way for further legal enactments relating to politics including those relating to political parties and members of the House of Representatives.

Politicians and political parties have long been blamed for the country’s conflicts and severe corruption, leading to the call for a reset.

The Election Commission recently finished drafting the political party draft bill before submitting it to the CDC for deliberation as required by the new charter. Despite some CDC members rejecting the reset idea, there were lawmakers and reformers in favour of it. Some analysts believe the idea being discussed is the result of the charter’s organic laws being unfinished.

The CDC has pledged to complete the first four bills including those concerning political parties in the next two months. The new charter requires the CDC to complete all 10 organic laws in the next eight months after the charter is promulgated in November, in line with the junta’s road map.

After that, the laws will be forwarded to the National Legislative Assembly for deliberation before being submitted for royal endorsement.

Thammasat University law expert Prinya Thewanarumitkul also voiced concerns over the reset proposal. He said it would not make politicians more responsible because they would simply continue their corrupt activities in another party.

Prinya believes the plan to overhaul political affiliations would not eradicate party financiers’ influence over politicians. He said such influences “principally” bring about deep-rooted corruption.

“Previous corrupt policies largely stemmed from political party sponsorship, under which party financiers financed and exploited the politicians to gain benefits in return,” he added.

Media rise in protest against regulatory bill

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PRESS FREEDOM

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Say law to regulate outlets will open door to political interference and threaten journalist independence.

MAJOR MEDIA organisations will meet today to discuss a joint stance on the media regulation bill proposed by the National Reform Steering Assembly (NRSA). It appears that they could issue a joint statement in opposition to the bill.

The Thai Journalists Association (TJA), the Thai Broadcast Journalists Association (TBJA), the National Press Council of Thailand (NPCT) and the News Broadcasting Council of Thailand (NBCT) have all said they disapprove of the draft bill and associated media council. They say the legislation would open the door for intervention by outside forces into the media, such as politicians and financiers.

Wanchai Wongmeechai, president of the TJA, told The Nation: “The bill says that any media organisation can join the council and have a chance to regulate the media. But what’s worrying is any

one can set up such organisations very easily.

“Any politicians or financiers can just form a company and then seek membership with the professional council.”

The media industry response came after the NRSA met with media networks last week over the bill. The proposed media council would regulate media organisations and supposedly protect press freedom.

A source on a subcommittee under the committee tasked with media reform admitted that there was still debate over what form the bill should take.

“The media demand independence. But on the flip side, some people call for it to be regulated. So, it is not easy to balance these two,” the source said.

The source said the media council should be advantageous for the media and the public.

“The public would benefit, as the media would be more responsible for what they report. On the other hand, the media would benefit from the protection and promotion of rights and freedom provided by the bill,” the source said.

Key players within the media, however, fear the council would undermine the independence of media organisations instead of promoting it. Most veteran journalists on leading media associations insist that self-regulation is the best option for the industry.

Southeast Asian Press Alliance executive director Edgardo Legaspi said that the bill would be used to control the media. He said journalistic principles state that the media must be free from interference and must enforce its own ethics.

TJA’s Wanchai said the industry had always regulated itself through mechanisms such as issuing statements to warn or to call for troublesome media organisations to be held responsible for their reports.

“We never neglected any action by the media when it exerts a negative impact on the public or does something professionally unethical,” Wanchai said.

“There are also other existing mechanisms to help regulate the media including those of the NBTC [National Broadcasting and Telecommunication Commission]. So, the new bill is unnecessary, redundant, and will only overlap with what we already have.”

But advocates of the bill argue that it is necessary as the media had failed to govern itself.

Veteran journalist Pattara Kampitak, a former president of the NPCT, said that media self-regulation needed much improvement, but stopped short of suggesting what should be done to revamp mechanisms governing the industry.

Jumpol Rodkamdee, a mass media and communications scholar and a former member of the now-defunct National Reform Council (NRC) which initiated the bill, argued that media self-regulation had not worked and poor professional ethics and standards had often hurt public interests.

“The public one way or another is every day affected by the media which reports news with poor ethical standards and without responsibility,” he said.

The academic said that the media should review itself. If it had been effective in regulating itself, the bill would not have emerged, he added.

As a member of the NRC’s sub-committee that drafted the bill, he claimed that media associations had agreed a bill to regulate the media industry should be written.

“This bill did not emerge only out of the intention of the NRC. We talked to the media and many involved parties and stakeholders before kick starting it. The NRC should not take the blame for this,” Jumpol said.

The scholar dismissed the argument that media independence would be undermined by the implementation of the bill. He said that without a proper law and regulations some media outlets had been influenced by politicians and financiers. Press freedom and independence would be better protected and promoted by the controversial bill, he added.

Five media associations will meet today to discuss the issue and look at the proposed media bill drafted during the Abhisit administration.

Chavarong Limpattamapanee, chairman of the NPCT, said earlier the 2010 draft bill truly protected press freedom but was not enacted due to a change of administration. The associations said that the bill should be revived if a media regulation law was necessary.

Abhisit opposes member re-registration

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DEMOCRAT Party leader Abhisit Vejjajiva

DEMOCRAT Party leader Abhisit Vejjajiva

DEMOCRAT Party leader Abhisit Vejjajiva yesterday questioned the rationale behind a political reform idea to overhaul political affiliation by “resetting” current party memberships and requiring all members to re-register.

He said the proposed move to “start all over” would unnecessarily cause confusion and trouble.

Abhisit, who is a former prime minister, was commenting in response to a proposal by Seri Suwanpanont, chairman of National Reform Steering Assembly (NRSA)’s political reform committee, which will submit a series of proposals regarding election-related organic laws to the Constitutional Drafting Commission (CDC).

The Democrat leader said if the plan was to eliminate fraudulent party members, it sounded unreasonable and not in line with the current situation. The Election Commission (EC) had a party-member database in hand and it could check current members right away. Abhisit questioned the need for a resetting.

Previously, political analysts claimed that a large number of parties’ members were fraudulent with certain members falsely claimed to be members – which had seen some parties claim to have over 10 million members.

The “reset party members” proposal was also rejected by political reform panel member Nikorn Jamnong, who said the claim about fraudulent party members was untrue.

Nikorn said around eight years ago, the EC and the Interior Ministry had cleared parties’ member lists and used Information Technology system to help manage the database. Therefore, he said, names of parties’ members could not be duplicated.

Nikorn, who is chief adviser to Chart Thai Pattana Party, said at the present, current members of all parties accounted for only 4.8 million people, 2.8 million for the Democrats, and just 150,000 for Pheu Thai. So, if it needs to check party members, the authorities should verify new members rather than existing party members, which would also need a budget to be done, he said.

Abhisit also suggested that the EC have officers from various ministries, qualified representatives from academia and the business sector to help organise elections, rather than only officials from Interior Ministry to support the election administration, like the political reform committee proposed.

In regard to another NRSA proposal that would require party members to pay a membership fee not more than Bt200 a year, Abhisit said parties’ members were normally responsible for the fee payment. He said there should be a regulation stipulating that if members do not pay, their membership will be terminated.

Abhisit also addressed the EC’s proposals on the four election-related organic laws on such issues as elections, the Senate, political parties, and the election agency.

He agreed with the EC idea that it should require parties to submit policies to the EC before the election. However, he did not believe the EC is in a position to confirm whether policies are practical or not.

Abhisit stressed that all political parties have legitimacy to decide whether or not they field candidates to contest an election. And if a party obstructs the running of an election, that is basically unlawful, referring to the EC proposal to revoke a party’s status if it boycotts a poll.

“If such a proposal is imposed and a party fields only a candidate to contest an election, I am not sure whether that party would be considered wrong or not,” the former PM said.

Meanwhile, a majority of people – 77.6 per cent, agreed with the plan to overhaul political affiliation, saying they want “new-blood” politicians and to eliminate corrupt representatives, according to a survey by Super Poll with 1259 participants nationwide, which was released yesterday.

In contrast, 22.4 per cent rejected the “reset” proposal, saying the proposal did not allow people to participate in reforming politics.

Most people – 69 per cent – do not favour any particular party’s proposals to drive the country forward, compared to 14.6 per cent who prefer the Democrats, 11.5 per cent voting for Pheu ThaiParty, and 4.8 per cent for other parties.

In regard to the next election, most people – 68 per cent – approve of the Interior Ministry helping the EC organise the next election scheduled for late next year, in order to reduce poll frauds, according to a Bangkok University poll with 1,156 people, also released yesterday.

In contrast, 25 per cent rejected the ministry having a role in organising the poll, saying the EC can manage the election alone, while 6.7 per cent said they were not sure. Asked to what extent people feel confident in the EC being able to combat poll fraud, 53 per cent said they felt “less to least” confident, 37 per cent said “much to most”, and 9.8 per cent said they were “not sure”.

Forest-reform effort set for boost with new measures

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THE committee charged with facilitating the forest-reform plan has devised six quick-fix proposals designed to close loopholes affecting the effort.

Forest reform is being handled by the National Reform Steering Committee’s public health and the environment committee which is devising long-term policies and looking to eliminating flaws in existing laws.

The special committee was appointed in May to look at immediate issues that may need revamping.

The six proposals comprise 22 measures aimed at helping concerned agencies reach the goal of increasing 40 per cent of the country’s forest areas as addressed in the 12th national social and economic development plan.

The proposals will be tabled at a NRSA meeting next week for deliberation before being forwarded to concern agencies for immediate implementation.

The proposals include the use of real-time data to monitor forests via the Geo-Informatics and Space Technology Development Agency that will allow officials to apply anti-forest encroachment measures more effectively.

Another proposal involves the setting up of a sub-panel under the National Anti-Corruption Commission that will directly deal with forest encroachment cases, as influential state officials have increasingly been involved in the illegal practice.

Government cancels announcement on two-year work performance due to non-availability of ministers

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Sansern

Sansern

The government has postponed announcing its two-year work performance and progress record from September 12 to 15 as some ministers would not be available, government spokesperson Maj-General Sansern Kaewkamnerd said.

The government planned to inform the public about its plans earlier, but it has learned that some ministers would still be on overseas trips.

Prime Minister Prayut Chan-o-cha had expected them to inform the public about the work they supervise. -The Nation

Assets worth Bt7 bn seized over rice deal

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RICE PLEDGING SCHEME

Apichart of Sia Pieng

Apichart of Sia Pieng

Yingluck questions AMLO’s action when the judicial process has not been competed yet.

THE Anti-Money Laundering Organisation (AMLO) has seized multiple bank accounts and land plots worth nearly Bt7 billion in connection with the fake government-to-government (G-to-G) rice deals signed by former commerce minister Boonsong Teriyapirom.

The multi-billion-baht assets belong to Siam Indiga Co, Siralai Co and persons related to Apichart Chansakulporn, better known as Sia Pieng, according to Pol General Chaiya Siriamphunkul, secretary-general of AMLO.

He said the National Anti-Corruption Commission had ruled that Boonsong and 21 others were guilty of helping the private firms buy rice from the government’s pledging scheme at a price lower than the domestic price without a competitive bidding process.

Then, these domestic rice transactions were used as bogus G-to-G rice deals between Thailand and China. The wrongdoing led to financial damage in excess of Bt20 billion for the Department of Foreign Trade.

According to AMLO, the assets seized by the agency included 51 bank accounts worth a combined Bt921 million and 611 land plots in Bangkok, Lampoon, Phuket, Phang Nga, Ayuthaya and Angthong, worth a combined Bt5.97 billion.

The fake G-to-G rice deals were signed during the tenure of the Yingluck Shinwatra government, which implemented a massive rice-pledging scheme to buy an unlimited quantity of rice from farmers at Bt15,000 per tonne compared to the then-prevailing market price of Bt7,000 to 8,000 per tonne.

Bogus G-to-G rice deals were then used to show that the government was able to export a significant amount of rice to reduce its financial burden. It was later found, however, that the deals were in fact domestic rice transactions carried out by Siam Indiga and other private firms.

Former premier Yingluck and former commerce minister Boonsong are now facing criminal and civil liability lawsuits in the Supreme Court for violating Article 157 of the Criminal Code and for causing financial damage to the state.

Yingluck previously defended the rice-pledging scheme as a policy that benefited farmers who gained from the high rice price, even though the government faced a heavy loss from buying the massive amount of rice from farmers and was unable to export the crop in large quantities.

Deputy Prime Minister Wissanu Krea-ngam earlier said the Department of Legal Execution will also be authorised under Article 44 of the interim charter to seize assets of suspects in the fake rice deals as the Commerce Ministry is finalising a civil liability lawsuit against Boonsong and others.

Meanwhile, Yingluck yesterday suggested that the justice process would be affected if the government resorts to exercise its authority under Article 44 of the interim charter to seize assets from those alleged to have committed wrongdoing in the rice-pledging scheme.

The former premier yesterday attended the Supreme Court’s hearing on the case while many well-wishers showed up to express moral support for her. She said the justice process is not finished and any civil liability lawsuits should wait until the court makes its ruling.

 

Govt rejects court request for opinion on charter changes

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THE government yesterday turned down a Constitutional Court request for the Cabinet’s opinion on revisions of the draft charter to complement the results of last month’s referendum.

Deputy Prime Minister Wissanu Krea-ngam said the government had nothing to do with the matter.

“The court may have viewed that the government is related to this matter. But in fact the Cabinet and the National Council for Peace and Order have nothing to do with this,” he said.

He suggested that the National Reform Steering Assembly (NRSA) and National Legislative Assembly (NLA), which had proposed the additional referendum question, should be able to provide the best opinions on the matter.

The Constitutional Court is reviewing the draft-charter revisions made by the Constitution Drafting Commission (CDC) to determine whether the changes are in line with the extra question.

In the August 7 referendum, most voters approved the draft constitution and the additional question to allow NCPO-appointed senators to join elected MPs in the selection of prime ministers for five years after the next Parliament convenes.

The Constitutional Court’s judicial review is required by the post-coup interim charter to determine whether the revisions comply with the plebiscite results.

The court had requested opinions from the Cabinet, NRSA, NLA and CDC regarding the matter.

Wissanu yesterday also dismissed a report that United Nations Secretary-General Ban Ki-moon had expressed concern about the government’s road map to the next general election, due to be held next year.

“As far as I know, officially there has been no concern [expressed] about that matter. He congratulated Thailand on the peaceful referendum and asked for things to continue as set out in the road map,” the deputy PM said.

“The prime minister confirmed with him [Ban Ki-moon] that there will be an election in 2017,” he added.

Meanwhile, CDC spokesman Udom Rathamarit said yesterday that the Election Commission had agreed with the constitution drafters that a new law on political parties should allow the formation of new parties to be “not too difficult and not too easy”.

Representatives from the CDC and the EC met on Thursday to discuss the content of the organic laws to be written for the promulgation of a new constitution later this year.

Both sides agreed that the new law should encourage ordinary people to form and run political parties and should prevent wealthy people from dominating parties, Udom said.

CDC chairman Meechai Ruchupan had said on Thursday that the charter drafters would take the “middle path” in writing the organic law to make it easy for ordinary individuals to set up new political parties.

“In order to ensure the birth of ‘people’s parties’, we should set rules that are proper and practical,” he said.

In a related development, Wissanu said yesterday that the government would propose three new laws to the NLA aimed at preventing costly populist government projects in the future.

He said the bills involved amendments to the current laws on state procurement, budgeting and government financial discipline.

“Populist policies will be prohibited,” he stressed, adding that the amendments for stricter financial and budgetary discipline would be applied to the current administration first.

“We will set a precedent for the next governments,” he said.

CDC advocates ‘middle path’ on political parties

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Meechai

Meechai

Bill will rein in bogus group but be lenient to allow new parties.

THE CHARTER drafters have said that they will take the “middle path” in writing an organic law in the new charter, which will make it easy for ordinary individuals to set up new political parties.

When writing the Political Parties Bill, the Constitution Drafting Commission (CDC) will set certain conditions to prevent parties being formed with the intention of getting subsidies from the Election Commission, CDC chairman Meechai Ruchupan said yesterday. However, these conditions should not make it too difficult for people to set up parties, he added.

Meechai went on to say that the drafters would gather opinions from relevant groups on the matter.

“The organic law on the formation of political parties must adopt the ‘middle path’ principle. In order to ensure the birth of ‘people’s parties’ we should set rules that are proper and practical,” Meechai said.

For instance, the chief drafter said, the requirement for the minimum number of party members from each geographical region would not be too high.

Meechai also allayed concerns that the CDC might reduce the number of election commissioners from the current five, following news that it was studying the structure of India’s election commission, which has only three election commissioners for a country with a population of 1 billion.

“The study is not aimed at adjusting downward the number of EC members, so the EC members should not be worried,” he said.

Democrat Party deputy leader Nipit Intarasombat said yesterday that if they wanted to adopt the Indian structure, the drafters should adjust it to suit Thailand’s problems and culture.

For instance, he noted, the vote-buying problem in India is not as severe as in Thailand, and it is the world’s largest democracy with a caste system that is still widely practised.

Meanwhile, Meechai said yesterday that he was not worried about the possibility of the National Legislative Assembly (NLA) maintaining in the Constitutional Court that selected senators be given the power to nominate prime ministerial candidates in addition to voting with MPs in the selection of government leader.

Debate over Senate

“I believe the court will rule in a careful and straightforward manner,” Meechai told reporters.

The court is reviewing the CDC’s revisions of the draft constitution to complement the result of last month’s referendum, in which most voters agreed to let senators vote with MPs in the selection of a prime minister for five years after the next Parliament convenes for the first time.

The CDC has maintained that the senators, to be appointed by the ruling National Council for Peace and Order, would only have the right to vote while the NLA, which had proposed the additional referendum question, insisted that they meant to have senators able to nominate PM candidates as well.

NLA president Pornpetch Wichitchol-chai said yesterday that the assembly had submitted its written explanation to the court, which was the same as the document given to the CDC. Pornpetch said he did not think the court would summon NLA representatives to testify in person about this matter.