CDC to seek inputs from private sector
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THE Constitution Drafting Committee will seek opinions from the private sector before deciding whether to give an independent agency the power to check government policies, CDC member Udom Ratta-amarit said yesterday.
The National Anti-Corruption Commission, the Election Commission and Office of the Auditor General have all offered to check political policies in a bid to prevent governments from creating huge damage to the state, as happened with rice-pledging schemes.
They said governments and state agencies must accept and use their recommendations.
Udom said that although the three agencies had offered to check populist policies, the CDC believed it also needed to seek opinions from other sectors of society.
“Some government policies are to stimulate the economy. We need to know what others think of each government policy,’’ he said.
Deputy Democrat party leader Nipit Intarasombat suggested that the new charter draft should include all independent agencies, as stipulated in the 2007 Constitution.
He said the judicial branch should not get involved with independent agencies.
The 2007 Constitution had corrected what was considered a weakness of the 1997 Charter by having independent agencies check and balance the power of the three executive branches.
“The point of concern is we should not allow the judicial branches to interfere in independent agencies, such as appointing judges to the selection committees of independent agencies to prevent negative criticism. We can achieve a better balance of power once Parliament and the government become strong,’’ he said.
Nipit cautioned against a proposal to use 1 per cent of the state fiscal budget to fund independent agencies, saying use of the budget should be managed by the elected executive branch.
“We cannot use taxpayers’ money without the approval of representatives of the people. I believe the proposal would interfere with the government’s power. Parliament and the government should be given the authority to decide how much money is given to independent agencies,” he said.
Nipit said the public must defend independent agencies against any attempt to slash their funds.
“People are more powerful than politicians. If that is the case, the people should not elect such a government [one that would slash the agencies’ funds] into power,’’ he said.
Commenting on the proposal to establish an Election Court, Nipit said he believed that the Election Commission should be given the power to issue ‘yellow and red cards’ to election candidates who break the law before election results are endorsed within 30 days of a vote.
He said corrupt politicians should not be allowed in Parliament.
However, he opposed the EC’s proposal that it be given the authority to seize the assets of people who destroy or damage elections, as be believes that should be a court matter.
Nipit suggested that Article 7 of the 2007 Charter, which allowed a non-elected PM to be appointed, should be maintained. He said the country would not have had the political deadlock that led to the May 22, 2014 coup if Article 7 was more clear.
“Opponents of Article 7 cited that there had not been a tradition to appoint non-elected PM. We should write in the charter what are regarded as political traditions and allow the Constitutional Court judges to rule on the matter,’’ he said.
He said before the May 22 coup there was no legal channel to seek a Constitutional Court ruling over a non-elected PM as Parliament was dissolved. “This deadlock led to the military coup,’’ he said.
