Public 'should play greater role in making laws'
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Civic-sector participation in proposing legislation remains limited, with the government continuing to dominate the process, while officials still tend to back laws that benefit them personally, according to a study by Thai Universities for Healthy Public
The group held a seminar yesterday on “The Improving of Legislation Process for People Participation”, which included the presentation of a study comparing the governments led by Thaksin Shinawatra, Surayud Chulanont and Abhisit Vejjajiva.
According to King Prajadhipok’s Institute secretary-general Dr Borwornsak Uwanno, increased public participation in the creation of laws doesn’t necessarily mean that legislation will always be better. Rather, it’s a step forward in developing the legislative process. He identified five elements of good legislation: it must be justified economically and socially; conform to the Constitution and the rule of law; be accessible by the people; be open to scrutiny; and always be up to date.
Thailand Development Research Institute (TDRI) researcher Somkiat Tangkitvanich said his research had found that the Thaksin government, while stable, was the slowest in terms of getting bills passed – 826 days on average – while the quickest was the post-coup administration known as the Council for National Security. Led by Surayud, this government took only 249 days on average to see laws through the legislative process.
Legislative delays had various causes, Somkiat said, with the most common being bills getting held up by the Council of State and government whips.
Somkiat’s study also found a link between the negotiating power of non-government parties and the government’s stability: when the government is less stable, other groups gain in negotiating power.
Thammasat University economist Pokpong Junvith said the introduction of bills by the public sector remained limited for many reasons. Among these are public ignorance – which the academic blamed on poor education efforts; the limiting of participation to those with voting rights; and Article 153 of the Constitution, under which all bills passing through the legislative process are halted when the government ends its term.
Personally, Pokpong thought the Council of State tended to adopt a conservative approach and stick to official methods, rather than adapting to changes in society.
