After JAS’s default, it’s time for NBTC to rethink its auction policies

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/After-JASs-default-its-time-for-NBTC-to-rethink-it-30282459.html

BURNING ISSUE

JAS Mobile Broadband’s default should serve as a lesson for the country’s telecom regulator: it needs to set better and criteria for the next round of bidding in order to prevent a recurrence of the “winner’s curse”.

The company, which is owned by Jasmine International Plc (JAS), failed to meet the deadline on Monday for a Bt8.04 billion payment on a licence to operate the 4G mobile network on the 900MHz spectrum. This was despite the fact that it had won the bid with a historic offer of Bt75.65 billion in December last year. Yet few observers were surprised by the company’s no-show.

Its default has not only stopped JAS from becoming the country’s fourth 4G mobile network operator, it has also lost its cash guarantee of Bt645 million, though a company executive recently reported to the Stock Exchange of Thailand that this would not affect its financial status.

However, many people are wondering why JAS bid so high and then defaulted on the payment. JAS shares have fluctuated in the past three months over rumours that it might seek a business partner, as well as a public announcement related to its dividend payout and share buy-back programme.

Meanwhile, when an auction fails, it is repeated without considering any figures obtained from the previous bid. Any winning bidder that misses the payment deadline either loses its cash guarantee or faces compensation claims.

This auction, however, was different because there were two sets of 900MHz spectra up for bids. One was won by True Corp via its subsidiary at the offered price of Bt76.3 billion, while the other was won by JAS.

The fact that the National Broadcasting and Telecommunication Commission (NBTC) had to ask for Article 44 to be invoked in order to help it choose between arranging a new auction with a start price close to JAS’s winning bid or give the licence to the second highest bidder indicates that the price may have been a bit too high. However, the regulator has ended up scheduling the next auction for June and setting the starting price at JAS’s winning bid because of the government’s say so.

Observers now believe that few will be able to join the new auction because the starting price is far too high.

Bidders, on the other hand, make their offers based on the information they have, and should be willing and prepared to meet their winning bid.

As for JAS, even if it is sued for compensation of Bt170 million, which is the gap between the original bid and the bid the NBTC expects in a future auction, it would not be worth it when compared to the loss of opportunity and time, as well as the lowering of the licence’s value and delay to people accessing 4G.

So in order to avoid a recurrence of the “winner’s curse” – when the bid winner backs out – should the NBTC demand bigger cash deposits or add more rules to ensure bids are handled more efficiently?

‘Sweeter’ terms sought for Sino-Thai rail deal

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Sweeter-terms-sought-for-Sino-Thai-rail-deal-30282460.html

SINO-THAI RELATIONS

Prayut

Prayut

Thailand to hire China to build first 250km of northeast line starting later this year.

THAILAND aims to seek “friendly” terms with China when it comes to the interest rate and price for the multi-billion-baht high-speed railway project, which will now fully paid for by the Thai side, Transport Minister Arkhom Termpittayapaisith said yesterday.

“Since it is a government-to-government project, China should offer ‘friendship’ terms on interest rates and project costs,” he said.

Prime Minister Prayut Chan-o-cha said yesterday Thailand was capable and financially prepared to carry out the project alone. He said the government had planned to spend over a trillion baht for infrastructure projects but rules on environmental impact assessments had delayed use of the money.

“We will no longer do the project with China. It’s better to do it alone,” he told reporters in Bangkok after his return from China.

General Prayut said China would be hired to build the project under a government-to-government deal, adding that he expected construction to start as soon as possible.

He said China had no problem with the Thai side’s decision.

“They are OK. They said that they just want to help and don’t really want anything in return. The Chinese said they felt like Thai people do not trust them. I told them that’s not true,” Prayut said.

The PM said the project would start with the section from Bangkok to Nakhon Ratchasima – the first 250km of the total planned length of over 800km. He said funding would come from loans.

The PM announced his government’s decision to go ahead on Wednesday with the scheme after meeting his Chinese counterpart Li Keqiang at the Mekong-Lancang Cooperation Summit in China.

Prayut said Thailand would be the sole investor and would hire China to develop the first-phase to Nakhon Ratchasima, after the two sides were unable to agree on a joint-venture investment model.

He said this would at least help get the project off the ground after months of delay. The premier also said it was better for Thailand to be the sole investor and the Chinese side had agreed to this. He did not elaborate.

Arkhom, meanwhile, said the other routes, from Kaeng Khoi to Map Ta Phut and Nakhon Ratchasima to Nong Khai, would be suspended for the time being.

The first phase will cost Bt170 billion, based on local estimates compared to Bt190 billion estimated by China. The entire 800km-plus project would cost Bt530 billion, which was far too much of an investment burden for Thailand at this stage, Arkhom said.

‘He went on to say that the investment cost for the first phase – Bangkok to Kaeng Khoi in the Central region and to Nakhon Ratchasima in the Northeast – would not be a burden because the fees earned from allowing the private sector to develop areas around train stations would pay for the construction.

‘We’ll still use Chinese trains’

But, he said, the project would be delayed for another four or five months in order to allow time for negotiation on the interest rate and project cost. “We will still use Chinese trains as it is a government-to-government project and we have agreed to bring the Chinese 1.435-metre standard gauge high-speed railway to Thailand for the first time.”

As for passenger traffic, he pointed out that there was a high demand in the Bangkok-Nakhon Ratchasima route and that the government would extend the track to Nong Khai when it was ready. However, the Kaeng Khoi-Map Ta Phut section would be postponed indefinitely.

Arkhom said Thailand opted to be the sole investor because it was not able to offer other benefits to Beijing, including the right to develop the right of way and areas around the railway stations. Also it could not offer benefits such as mining rights like in the case of the Chinese-Lao rail project, which is a 70:30 joint venture scheme.

And because Thailand will provide the investment, it can decide on its financing sources, which can include China, though the interest rates would have to be competitive, he added.

China would be in charge of engineering, procurement and construction management, supplying trains, signalling systems and tracks, though Thai contractors would be allowed to take part in the construction. China could also have a hand in operating the service via a joint venture with the Finance Ministry, State Railway of Thailand and private sector, though it was too soon to talk that, he said.

Dr Aksornsri Phanishsarn, head of the Thai-Chinese Research Centre, said Thailand decided to go solo in terms of investment as it found China’s conditions unacceptable.

Opinion split whether NCPO got all it wanted

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Opinion-split-whether-NCPO-got-all-it-wanted-30282363.html

ANALYSIS

Drafters agree to a selected senate but some say it may not fully control parliament over 5 year transition.

POLITICAL observers are still in doubt about relations between the junta and charter writers led by Meechai Ruchupan – whether they are at loggerheads over a special mechanism to maintain peace and order during a five-year transitional period.

On the surface, it looks as if the Constitution Drafting Commission (CDC) tried to compromise with the four other so-called “rivers of power” by agreeing to some but not all of proposed suggestions on the draft’s provisional clause.

But after looking at the details, in fact, it appears the junta in the end got almost everything that it wanted.

As independent scholar Sirote Klampaiboon concluded, the National Council for Peace and Order (NCPO) and its supporters gain major advantages in this draft constitution.

Looking at the bigger picture, and not just at the three recent proposals, it appeared the current regime stood a high chance of retaining power and securing peace and order during the so-called transitional period, Sirote said.

He viewed the controversial proposal as a distraction that would make the charter draft more appealing.

“When compared to what the NCPO asked for, surely the constitution draft looks heavenly. Now people will feel very positive about the charter when actually all the little pieces put together are still very advantageous for the NCPO,” he said.

Satitorn Tananitichote, a scholar from King Prajadhipok’s Institute, said he believed the NCPO’s preferences for the draft had been fulfilled, because 200 senators would be selected.

He said the 200 would be sufficient to give the Senate a powerful voice in parliamentary matters. There are key decisions that both Houses would have to make jointly, such as the endorsement of the successor to the throne and the determination of whether a situation constitutes a crisis before the so-called Article 7, which confers special powers in the event of crisis, can be applied, Satitorn explained.

The 250-member Senate, dominated by the 200 selected senators, would have a crucial role in the Parliament, he said.

Asked about the CDC’s rejection of the proposal that the Senate should be able to submit censure motions, Satitorn said the drafters were well aware that an unelected Senate should not have that authority. If they had adopted that, questions would have followed, he said.

In regard to the proposal to dispense with the parties’ list of three candidates for the premiership, the CDC rejected the junta’s idea but left the door open for a person who is not connected to the political parties to become prime minister, observers said.

The CDC just made that eventuality more difficult by maintaining the three-candidate lists as was originally drafted, but adding that a list could be suspended if both parliamentary chambers could muster a two-thirds vote.

However, some observers believe the additional clauses in the provisional section that the CDC added at the NCPO’s request might prove to be too weak for the junta to control the political situation after the election.

This camp believes the most important question is how the junta will be able to prolong its power for at least five years after the election by using the Senate as a powerful weapon.

The proposal to empower the Senate during the transitional period would have given it a major role to overthrow or protect the next government in the case of a no-confidence motion, an observer said.

If the next government were an ally of the junta, it would have had at least 200 appointed senators supporting it during a censure debate.

But, if the next government were led by Pheu Thai Party, for example, the 200 senators would have been in opposition and could have merged with MPs from opposition parties to form a grand opposition coalition to oust a Pheu Thai-led government.

Sukhum Nualsakul, a former rector of Ramkhamhaeng University, agreed with this analysis, saying that the essential authority was whether the Senate could table a no-confidence vote. The powers-that-be needed that power to have full control in the transition period, he said.

A Senate that could raise a motion of no confidence would be very powerful and have a role in dictating the fate of the prime minister and the Cabinet.

However, the CDC had not granted that authority, so really the NCPO did not get what it needed, he said.

If Sukhum is right, the charter draft might be rejected by any means available so that the junta can replace it with its own draft to retain power and control in the next government, at least for the five-year transition.

Draft must create more independent agencies to fight graft

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Draft-must-create-more-independent-agencies-to-fig-30282364.html

SEMINAR

IN ORDER to win the battle against corruption, the draft charter should be amended to provide more independence as well as checks and balance among administrative agencies, Pramon Sutivong, chairman of the Anti-Corruption Organisation of Thailand (ACT), said yesterday.

At the ACT-hosted seminar on the draft charter and anti-graft efforts, Pramon pointed out that authorities from national to local levels could be more connected to create a balance of power and transparency.

The draft should also allow anti-graft agencies to work more independently, he said, adding that agencies like the National Anti-Corruption Commission (NACC) should not need Cabinet approval when making certain decisions.

Coordinating centres should also be set up to align the work among anti-graft agencies, such as the police, prosecutors and independent organisations so as to create more integrity, he said.

He also said that a procurement bill should be drafted so concrete rules can be set on procurement procedures, as this process currently relies on Cabinet approval.

//

With the charter’s 44 articles on graft, ranging from public support and controlling corruption in the administrative system to building clean politics and strengthening the justice system, he said the draft charter could “do better” by prioritising the citizens’ voices.

The chairman said that empowering the public would encourage public participation in national administration, leading to dynamic and rounded observation from people.

Chuchai Supawong, former vice chairman of the defunct Constitution Drafting Committee (CDC), said the draft charter should also include a court that specialises on finance and budget principles. The court should take quicker action against projects suspected of overusing the national budget, Chuchai said.

The draft should also declare that politicians reveal their tax records for three years, as stated in the previous draft created by the drafting panel led by Borwornsak Uwanno. He also suggested that the draft set up an anti-graft panel in the Parliament, the previous draft.

 

Junta looks divided over whether CDC should reconsider revisions

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Junta-looks-divided-over-whether-CDC-should-recons-30282365.html

NEW CONSTITUTION

Prawit

Prawit

DEPUTY PRIME Minister and National Council for Peace and Order (NCPO) deputy chairman Prawit Wongsuwan yesterday insisted the NCPO wanted ex-officio military leaders to have Senate seats, although Deputy Prime Minister Wissanu Krea-ngam was apparently satisfied with the revisions of the charter draft this week.

Prawit maintained that the six top military leaders should be given ex-officio Senate posts to safeguard the charter and to resolve political conflicts without resorting to another coup.

Prawit made the remarks after the Constitution Drafting Commission (CDC) decided on Tuesday that the draft charter would stipulate the selection of 200 senators in the 250-member Senate who would sit for a five-year transitional period, as had been requested by the “four rivers of power”, including the NCPO.

Fifty senators will be cross-elected by 20 professional groups.

“I have no conflicts with the CDC. I only present the government and the NCPO’s proposals. It has nothing to do with meeting halfway,” said Prawit. “We want a five-year transitional period for the sake of the country and it is not about bargaining. The non-elected Senate proposal is aimed at achieving the reform roadmap and drive the country towards full-fledged democracy.”

Another source in the NCPO said the issue needed to be discussed further.

However, Wissanu said the CDC’s resolution was close to what the NCPO had requested and it should be acceptable, adding that he did not have a problem with the CDC’s decision to keep 50 indirectly elected senators.

“The CDC did its best to strike a balance between its inventions and the NCPO’s recommendations,” he said.

Wissanu said the charter draft would be more likely to pass a public referendum because people want an election, which the NCPO insists will be held next year.

CDC chairman Meechai Ruchupan said the CDC had a clear rationale when it revised the charter draft, especially regarding the point on selected senators, so he believed it would not be further revised. But that decision would depend on the NCPO, he said.

In regards to the ex-officio posts for military leaders, Meechai said the CDC had refrained from specifying the positions of military leaders as requested, instead leaving the selection to a committee that would be appointed by the NCPO.

In regard to party lists of three candidates for prime minister, Meechai said the CDC had agreed to allow the list to be waived in a joint parliamentary session, but with conditions.

However, the CDC insisted that senators could not vote for the prime minister. Meechai said the CDC would review the wording of the relevant section, but he added that it wouldn’t be further revised.

National Legislative Assembly president Pornpetch Wichitcholchai, however, called on the CDC to re-evaluate its decision and heed the NCPO’s recommendations, especially about the ex-officio senators.

Meanwhile, key political figures reacted negatively to the CDC’s decisions.

Former deputy prime minister Surapong Tovichakchaikul said he personally rejected the CDC’s revisions, and added that the Pheu Thai Party disapproved of many points in the draft such as the single-ballot system and the deprivation of people’s rights, regardless of the latest revisions.

The Pheu Thai Party will make an official announcement giving its reasons why it rejects the draft, he said.

Deputy Democrat Party leader Ong-art Klampaiboon said he believed the CDC had tried to avoid conflict with the NCPO, although it did maintain certain elements of its original charter. He added that the CDC’s decision was not yet final because the NCPO might push new proposals or insist that the CDC accept its ideas.

Former Constitution Drafting Committee member Banjerd Singkaneti said the CDC’s resolution clearly showed that it gave particular weight to the NCPO’s requests as it had agreed to most changes.

Banjerd said regardless of the CDC’s decision, there would be fierce opposition from politicians and public figures opposed to elements of the charter, especially those guided by the NCPO.

He said the draft was still worrying because it did not offer a way forward given the current political impasse.

Jatuporn Prompan, head of the United Front for Democracy Against Dictatorship (UDD), slammed Meechai’s draft, claiming it would lead the country back to 1978 as elected parties would be sidetracked as “spare parts” in the political system.

Commuters push their luck with public transport

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Commuters-push-their-luck-with-public-transport-30282366.html

BURNING ISSUE

BANGKOK’S BTS transit system was hit by a glitch on February 24 that resulted in a suspension of services and severe congestion and delays for several thousand commuters.

There was a problem with the system’s shunting device somewhere between Chit Lom and Siam stations in the city’s business and shopping district.

The system transports as many as 700,000 passengers per day, and the problem led to a massive pileup of commuters on BTS platforms. Long queues formed outside of stations, worsening traffic congestion throughout the city. The problem was solved by the following day and luckily did not affect passenger safety.

Just over a week later, on March 5, another incident happened in Bangkok’s mass transit system. A fire broke out on a commuter boat running along Saen Saeb canal, leaving many passengers injured. It was discovered that the fire was caused by an LNG leak. Fortunately, there were no fatalities.

Less than a month later, a new problem hit yet another transit system last Monday. The Suvarnabhumi Airport Rail Link was disabled by a power outage that caused a train to stop midway between two stations. Rising heat and a lack of fresh air inside the carriage prompted many passengers to exit the train and walk along the tracks to the next station. Some were treated by medical staff after they fainted. Luckily, again, there were no injuries.

//

Three incidents during a course of less than a month – and passengers involved have to thank only their luck that there were no severe injuries or fatalities. The question is: How long can we commuters rely on luck alone while using public transport services?

Regarding the BTS glitch, there still has been no clear explanation why the shunting problem happened. Was it caused by the system or human error? And will a problem like this happen again?

Regarding the commuter boat service on Klong Saen Saeb, regular passengers must be well informed of all relevant safety concerns, involving over-capacity passenger loads and unsafe boat conditions, among others. Authorities may have banned boats that are powered by LNG, but it remains unclear if other safety concerns have been addressed.

Regarding the Airport Rail Link, executives in charge of the system have admitted that a major maintenance overhaul is overdue. Such an overhaul is required after 1.2 million kilometres of service – but the system has logged more than 1.6 million kilometres without major maintenance.

Executives explained that partial maintenance projects were performed regularly but they could not afford a major overhaul.

They seemed to be saying that partial maintenance was sufficient, although that certainly goes against the maintenance manual.

They plan the next major maintenance when the system reaches 2.4 million kilometres, doubling the suggested distance travelled before servicing. The decision is not so reassuring.

That approach seems to be how the country’s mass transit system is being run generally. And it explains why many city residents opt to commute in their own cars and ignore the much cheaper option of public transport altogether.

It is because nobody can be sure they will continue to be lucky while using the problem-fraught public transport system?

 

Yingluck testifies on rice scandal

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http://www.nationmultimedia.com/politics/Yingluck-testifies-on-rice-scandal-30282368.html

COURT

At a Supreme Court hearing about the rice-pledging scheme of former prime minister Yingluck Shinawatra’s government, a former deputy chief of the Public Debt Management Office (PDMO) said the scheme’s outstanding debt stood at Bt409.15 billion as of May 22, 2014.

Sirasa Kanpitaya, who was transferred from her post at the PDMO on February 20, 2014, also pointed out that the debt did not include the Bt90-billion loan from the Bank for Agriculture and Agricultural Cooperative.

Yingluck’s government spent close to Bt1 trillion purchasing rice from farmers at a price higher than the prevailing market price, resulting in losses of more than Bt500 billion, public prosecutors have said.

Under the scheme, the government was supposed to sell some of the stored rice to help to reduce the public debt, but most of the government-to-government deals were later discovered to be fake, other witnesses said.

Asked if she had been transferred from her PDMO post due to her refusal to increase state loans for this scheme, Sirasa said it had not been legally possible to borrow more money due to a House resolution.

//

Yingluck was also present in court yesterday to hear the testimony of state witnesses.

Meanwhile, the Supreme Court has issued an order barring the media from “misleading” the public by wrongly interpreting court hearings after Yingluck’s legal team complained that two newspapers and a TV station reported on the case inaccurately.

 

EC not allowing charter draft campaigns before referendum

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/EC-not-allowing-charter-draft-campaigns-before-ref-30282369.html

PUBLIC REFERENDUM

The Election Commission yesterday said it would not approve campaigns on the charter draft in provinces ahead of a public referendum, citing peace and order.

Election commissioner Somchai Srisuthiyakorn said the EC would not give approval to any agency, which seeks to stage meetings in the provinces to talk about the charter draft.

The EC would only hold a central platform that allows representatives of the opponents and supporters to debate on the draft.

“This would be more useful to the public because then it can better access the information,” he said.

Anyone holding a debate may be deemed violating the Public Referendum Act and the security law over the ban on political rallies, he said.

“We have to ensure peace and order under the country’s present circumstances. Some political groups may take advantage of the situation to benefit themselves,” he said.

EC specialist Thanit Sriprathet said the budget for holding the referendum is set at Bt2.9 billion and the EC would seek Budget Bureau approval for the funding next week.

Thanit said the EC took some time to come up with the total expenses for the referendum because it wanted to ensure accuracy and maximum benefits.

“We delayed not because of conflicts but we want to ensure there would not be any wasteful activity,” he said.

Thanit said the EC approved the proposal to opt for special procurement for state agencies to print charter draft copies. He said the special procurement is transparent and only state agencies would be hired.

Somchai said the National Legislative Assembly disapproved of using electronic voting machines in the referendum. The NLA however will allow election officials to help elderly and disabled people getting into polling booths.

CDC approves junta request for selected Senate

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/CDC-approves-junta-request-for-selected-Senate-30282239.html

NEW CHARTER

THE CONSTITUTION Drafting Commission (CDC) resolved yesterday that the draft charter would stipulate a 250-member selected Senate for a five-year transitional period, as had been requested by the “four rivers of power” government bodies.

The move is seen as paving the way for an outsider prime minister who is not connected to the political parties, an academic said.

However, the draft would stipulate that 50 senators would still be cross-elected from 20 social and occupational groups at the district and provincial levels, CDC spokesman Norachit Sinhaseni said yesterday.

The four core governing bodies – the Cabinet, the National Legislative Assembly, the National Reform Steering Assembly and the National Council for Peace and Order (NCPO), collectively referred to as the “four rivers” – proposed two weeks ago the charter draft establish a 250-member Senate selected or appointed for a five-year transitional period.

The junta also asked for a quota of Senate seats for six military officers – the permanent secretary of the Defence Ministry, the chief commanders of the three branches of the Armed Forces, the supreme military commander and the national police chief.

However, drafters did not accord exactly with the request regarding the six military posts, but instead agreed that 2.5 per cent of the Senate, or six seats, would be filled by members of the NCPO or officials of the current government, the spokesman said.

“We might write that the selection is the responsibility of an eight to 10-member selection committee, which will probably be appointed by the NCPO. And we won’t bar governmental officials from sitting in this five-year Upper House during the transition,” Norachit said.

The CDC also agreed the Senate would be empowered to push legislation related to reform plans and to safeguarding the constitution, but the commission held firm on the principle that only the House of Representatives would be able to make a motion of no confidence against the next government.

Norachit said the CDC resolved to let MPs and senators decide whether political parties would have to offer lists specifying their three candidates for prime minister.

“The first parliament meeting to choose the PM will be held as usual after an election. Only if the MPs cannot settle on who [from the party candidate list] will be the PM, then they could open a meeting of the two houses [the House and the Senate] and vote. If two-thirds of the two houses vote ‘yes’, the suspension of the PM lists would be allowed,” he explained.

Only MPs will be empowered to vote on the prime minister, whether candidates are on the party lists or not.

Sukhum Nualsakul, a former rector of Ramkhamhaeng University, said the CDC’s resolution to allow the suspension of the list of candidates for prime minister opened a path for an outsider prime minister.

“If they are not using the list, now the PM can be anyone or an outsider,” he said, inferring that the candidate might not be connected to any political party.”

Thammasat University political lecturer Attasit Pankaew said that the amended principles on the selection of a premier would probably create a strong coalition among small and medium parties and the Senate.

He said allowing the Senate to indirectly vote in the selection of a premier would pave the way for lobbying between the Upper House and the Lower House, the latter of which might be dominated by minor parties due to the CDC’s stipulation of a mixed member apportionment electoral system.

Lobbying would be needed in both Houses to form a coalition of two-thirds of members to elect a new premier, he said.

While such a coalition could benefit a more unified drive for reform, the lecturer said, it could also marginalise larger parties. The resulting polarisation might obstruct efforts to maintain order during the five-year transition, he added.

The structure would also force the Senate to become involved in political decisions, exceeding its stipulated role to screen legislation and drive reforms, he said.

Meanwhile, Prime Minister General Prayut Chan-o-cha yesterday insisted that it was necessary to have the six ex-officio Senate seats reserved for top military officers to ensure the next government stayed connected to the military.

“This concept is the next government won’t have to give separate orders [to each branch of the military]. Those [military officer] senators can also discuss with each other,” the premier said after a Cabinet meeting.

“What are you afraid of? Are you afraid that they will overtake the Senate? Come on, they have brains,” he said. “The next government will just have to do their best … I’m now doing it all for them.”

While agreeing on the Senate proposal, the CDC yesterday rejected the junta’s request to use a two-ballot voting system, instead of the one-ballot system the CDC proposed in its original draft charger. Norachit said the proposal did not come directly from the “four rivers” bodies, and violated the drafters’ original principles.The junta’s proposal also recommends a two-ballot electoral system, like that used in previous polls, for the next general election. The House would comprise 350 constituency MPs and 150 party-list MPs.

The four “rivers of power”, as the core governing bodies are referred to, also suggested that constituencies should be made larger and that the three candidates with the first, second and third-highest votes tallies all be elected to Parliament in multi-member districts. Voters would still only be allowed to cast a ballot for only a single candidate.Prayut said the new electoral system would mean “nothing to big parties” if they had quality candidates. Those parties did not have to fear the emergence of smaller parties, he added.

“It’s just only a mechanism we set up. There will be plenty of screening processes,” he said. “We’ll also have the Senate there. They have to work together on everything.”

The premier refused to comment whether there could be a compromise between the junta’s proposal and the CDC original ideas.

“It would be good if it turns out well. But if not, we all, including people, have to be responsible for that,” he said.Meanwhile, Deputy Prime Minister Wissanu Krea-ngam said it would not be unusual if the charter’s provisional chapter relating to a transition period differed from other sections of the constitution.

While the main sections of the charter would apply permanently in the long term, Wissanu said, the provisional chapter would be active only during the five-year transition, which “needs a different explanation [than during the politically] normal period”.

The deputy prime minister was responding to concerns from CDC members who expressed worries that draft amendments in line with the junta’s proposal could compromise the charter draft’s main principles.

The decision depends on the CDC to weigh the matter, Wissanu said.

He admitted that the proposal for a two-ballot electoral system would help smaller parties emerge in the House via the party list, considering their limited resources to nominate MPs in every constituency.

The deputy prime minister, however, refused to say whether the system would be beneficial for new parties in the future.

Top court opposes bill on probation without trial

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Top-court-opposes-bill-on-probation-without-trial-30282241.html

SUPREME COURT President Weerapol Tangsuwan yesterday sent his representative to oppose a bill empowering public prosecutors to give suspects in criminal cases involving jail terms of less than five years probation instead of indicting them.

Court of Appeals Chief Justice Channarong Praneejit yesterday filed a petition with National Legislative Assembly (NLA) President Pornpetch Wichitcholchai opposing the passage of the bill.

Channarong said the bill had been reviewed by the Council of State, and is still being reviewed by the Cabinet, ahead of the NLA’s decision.

He said the court believed the bill violated human rights because it empowered public prosecutors to put suspects on probation without facing trial.

Channarong said the bill deprived parties of the right to seek redress in court.

“If the NLA passes this bill, it would have social ramifications and impact the criminal procedure. People would lose faith in the justice system in the long term,” he warned.

The bill was proposed in 1989 but several governments refused to bring it to Parliament for deliberation.

Pornpetch said he did not want to see conflicts between state agencies and that he would heed the recommendations of the Supreme Court president.

He said the court had also filed a petition with the Cabinet in addition to the NLA opposing the bill.

“If this bill were passed, the Mercedes-Benz and Ford car crash case would not reach the court,” he said, referring to high-profile accident last week in which two people were killed.

Deputy Prime Minister Wissanu Kreangam earlier had said the bill would advance reconciliation efforts.