CDC to make NACC 'more powerful'

THE CONSTITUTION Drafting Committee (CDC) yesterday unanimously agreed on a significant issue – that the country’s anti-graft agency needs to be reformed. 

The drafters finished their work on the charter’s Section 2, which involves provisions on the regulation of independent organisations. 

CDC spokesman Kamnoon Sidhisamarn said that under the new charter, the National Anti-Corruption Commission (NACC) might become “more powerful” than the Office of the Attorney-General, because it would be one of the two organisations allowed to submit cases to court. Also, the courts would be obligated to use the evidence submitted by the NACC as the main source of their deliberation for such cases. 

The NACC played a significant role in the impeachment of former prime minister Yingluck Shinawatra last week, and had been outspoken in its contempt of her government’s rice-pledging scheme from the very start. It even provided documents to her government, calling it to drop the scheme because of how much it was allegedly costing the state. 

Many have applauded NACC for its relentless effort and role in Yingluck’s impeachment, while sympathisers of the democratically elected Pheu Thai government it helped overthrow have slammed it for being politically biased.

Under the new charter, the NACC will also be the only agency that can retain its members for a term of nine years. Kamnoon said the CDC had decided that a longer term was required because the NACC conducted detailed investigations before submitting its cases to court, which was a time-consuming job. 

The CDC also inserted a clause giving the general public the power to get an NACC member suspected of inappropriate conduct prosecuted. All it would require is 20,000 signatures on a petition, which can be handed to the Senate Speaker. It would require a three-fourths vote in the Senate for the NACC member in question to be impeached. 

Kamnoon also pointed out some notable differences in the characteristics of independent organisations under the new constitution compared with the previous charter, including requiring all chiefs of such bodies to declare their assets publicly and a change in the framework of selection panels. 

He said this new panel framework would be applied to different agencies, including the Election Commission, the NACC, the Office of the Auditor-General and the State Audit Commission.

Under the new system, the president of court judges would be removed, and the 12-member panels would be made up of people from different groups, such as representatives of the People’s Assembly, the ruling party, the opposition and the cabinet. 

Other changes are that nominees would now require support from at least two-thirds of the selection committee and members of independent organisations are not allowed to have held any similar positions previously. Finally, all independent organisations will be regulated and their performance examined on a yearly basis by the soon-to-be-established National Evaluation Committee. The CDC will also create a sub-panel to research their moves to merge the Office of the Human Rights Commission and the Office of the Ombudsman.