INDEPENDENT agencies would be more proactive under the new charter and free to initiate inquiries without complaints being filed, Constitution Drafting Commission chairman Meechai Ruchupan says.

Meechai said the Election Commission, National Anti-Corruption Commission, and Auditor General could give warnings to the Cabinet in cases where its policies or actions could potentially cause trouble for the country.

Doing that would be an attempt to promptly prevent any damage that might impact on the country, he said.

Meechai spoke yesterday before the sixth day of the CDC’s retreat in Cha-am in Phetchaburi kicked off.

The warning could be issued only as a resolution of all three commissions, and they would have to provide an explanation to the public along with the admonition, he said. However, the government would not be compelled to heeding the warning.

“This is to make sure the independent agencies cannot bully the government. But I believe that the Cabinet when receiving a warning, would naturally improve its practice or be more cautious about what they’re doing in order to prevent damages,” he said, adding that if damage was found, the government must be legally responsible for what it has done.

The CDC chairman said the more proactive independent agencies would work in a more integrated fashion with less overlapping work.

He explained that when an agency found that a case should be investigated by another agency, it could forward the matter to the other agency. The second agency would use the information already prepared and proceed with an inquiry.

An organic law would be written to cover the overlap of work by independent agencies. It would clearly stipulate the procedures to be used, such as convening joint meetings or coordinated units.

He said agencies would also be able to open investigations without a complainant being lodged. For instance, agents could be tipped off by news articles and start investigating immediately.

Previously, for an examination to start irregularities had to be reported by complainants. However, sometimes if people who complained were not victims, questions were raised on whether they were eligible to file complaints.

However, for Constitutional Court cases, complainants would still be required before it could take up matters.

Meechai said independent agencies would check themselves. The draft would stipulate that they each must come up with a legal code on ethics, which would be imposed not only on themselves but also parliamentarians and the Cabinet.