Pheu Thai still backs a drafting assembly

Spokesman Prompong Nopparit said a resolution was reached at a meeting yesterday afternoon of the party’s Strategic Committee, made up of leading Pheu Thai figures. It was chaired by senior MP Snoh Thienthong and lasted over three hours.

The spokesman said Pheu Thai was still waiting for a written version of the Constitution Court’s ruling given last Friday in a case against proponents of the constitutional amendment bills. He said the party would need to study the eight judges’ joint ruling and personal judgements before taking further action.

The Constitution Court rejected petitions against the amendment proponents on grounds there was insufficient proof. However, the court also suggested that writing a new charter could not be done without consulting the public first, because the people were the “owners of sovereignty” and the current post-coup Constitution had been approved by a majority of the population in a referendum.

The Pheu Thai spokesman said yesterday the party still insisted on its stance that the court had no power to accept the petitions for judicial review and that it had no authority to tell the legislature what to do in regard to amending the charter.

The court accepted the petitions for trial a few days before Parliament was scheduled to vote on the government-proposed amendment bill in the final reading in early June. The petitioners accused amendment proponents of attempting to overthrow the country’s democratic regime with the King as head of state by proposing changes that would allow writing of a new constitution.

Pheu Thai’s key figures yesterday agreed that the party has no urgent need to decide now whether the vote in the third reading should go ahead or whether a referendum should be held first, Prompong said.

“The amendment bills were supported by MPs from Pheu Thai and the coalition parties and senators. So the people involved should be sounded out first as to what to do next,” he said.

“Pheu Thai still is firm about amending the Constitution of 2007 to become democratic and to reduce obstacles regarding enforcement of the Constitution,” he said. “The party views that amendment by a constitution drafting assembly is a democratic process. It will allow the people to use their power in establishing a new constitution for true development of the country’s democracy.”

Pheu Thai MP Piraphan Palusuk, a key member of the party’s team of legal experts, said yesterday that the Constitution Court verdict read by judges last Friday was unclear. 

He said the party could ignore a suggestion by the court although that would lead to some people petitioning the court again.

He suggested that Parliament go ahead with a vote on the amendment bill, adding that the draft of a new charter to be written by the CDA would finally be subject to a referendum. 

Phumtham Vechayachai, Pheu Thai’s party director, said that many people were confused by the verdict. The party would wait for the official version of the verdict to determine what the binding ruling is and what is merely comment.

The eight judges will release their ruling, and individual opinions, via the Royal Gazette in two weeks.

Observers see four scenarios after verdict. First, the amendment bill would either be withdrawn or put on hold pending a referendum. Second, the government opts for final passage of the bill and gives the CDA full mandate to overhaul the charter. Third, the government still pushes for the bill’s passage but instructs the CDA to amend certain provisions and not rewrite the entire charter. Fourth, the idea of a drafting assembly would be dropped and the government or Pheu Thai would sponsor an alternate bill to amend the charter by articles.