Govt plans joint bill on charter

The draft is expected to get full support from all coalition parties, although the ruling Pheu Thai Party earlier submitted its own draft amendment for parliamentary deliberation, a coalition source said yesterday.

At its meeting tomorrow, the Cabinet will consider the Justice Ministry draft, which would seek to amend Article 291 of the current post-coup Constitution to allow the setting up of a constitution-drafting assembly.

The Cabinet draft is almost identical to one submitted to the House speaker last week for parliamentary deliberation. There are only a few small differences between the two drafts. These include a requirement that a decree on the election of constitution drafters be issued within 15 days of the amendment’s promulgation, compared to 30 days for the Pheu Thai draft.

Last week, Pheu Thai, represented by coalition whips, and the red shirts submitted separate proposals to the House speaker, seeking to change the Article 291 of the charter. The coalition Chart Thai Pattana Party is expected to submit its own draft amendment soon.

The coalition source said yesterday that despite the many drafts, the coalition parties would vote in support of the Cabinet draft.

“Finally, when the coalition’s draft comes under House deliberation, all the coalition parties will vote for the draft. The coalition parties have assured their full support for the joint draft,” the source said.

According to the source, former prime minister Thaksin Shinawatra, who is considered Pheu Thai’s “big boss”, initially wanted the charter change moves to be made separately by coalition parties – and not jointly by the coalition, in order to avoid possible opposition. However, subsequent developments and repeated promises of full support from coalition leaders, particularly Chart Thai Pattana de-facto leader Banharn Silapa-archa, prompted Thaksin to change his mind, the source said.

Banharn had expressed the view that as the constitutional amendment was a government policy, the Cabinet should “host” the charter amendment, Chart Thai Pattana Party spokesman Watchara Kannikar said.

In the Cabinet draft, the 99-member constitution-drafting assembly consists of 77 elected members – one from every province and Bangkok – and 22 appointed experts in political science, public law and public administration. The CDA members’ election by voters and selection by parliamentarians is required to be complete within 70 days of the promulgation of the amendment of Article 291.

According to the Cabinet draft, the CDA is required to complete its task of constitution drafting within 180 days of the filling of all assembly seats. An abrupt end to the current Parliament’s term, such as by a dissolution of the House of Representatives, would not cause the CDA to be terminated. The CDA also is required to hold a nationwide hearing on its final draft. 

The amended charter must not result in any change to the country’s current system of constitutional monarchy. Such a draft would be considered void if Parliament ruled that it contradicted the current system.

The CDA’s final draft will be subject to a public referendum. Without majority support, the draft will be dropped. However, the Cabinet or at least one-third of parliamentarians could ask Parliament to vote on whether to accept a draft that fails a public referendum.

In a related development, Watchara said yesterday the party’s legal team was working on its version of the charter-amendment draft. It would be brought to the party’s meeting on Tuesday and was expected to be submitted as a House agenda item in the next week.

Watchara said Chart Thai Pattana’s proposal to change Article 291, which spells out the process of charter amendment, would be different from Pheu Thai’s draft as it proposes that the draft be brought for voting in Parliament before the referendum.