Rival MPs ask if PM meeting old Cabinet against charter

[webfact]

Rival MPs ask if PM meeting old Cabinet against charter

By THE NATION

 

 

Constitution allows outgoing ministers to work until new ones in place: chuan

 

THE Constitution is being cited to hold both sides of the political spectrum in check, with former junta leader Prime Minister General Prayut Chan-o-cha becoming the latest target. Rival politician Piyabutr Saengkanokkul pointed out yesterday that the PM’s Cabinet meeting on Tuesday could have been unconstitutional.

 

Piyabutr, an MP and secretary-general of anti-junta Future Forward Party, yesterday called on Prayut to clarify his position to avoid future complications.

Having been royally endorsed last week, Prayut is now the new prime minister, the MP pointed out, adding that the new PM working with the old Cabinet will cause confusion.

 

With a new Cabinet yet to be formed, the politician said Prayut has two choices: he either appoint an acting-PM to work with the outgoing ministers or quickly form a new Cabinet.

 

“I believe the Constitution drafters did not envisage that the setting up of a new Cabinet would take this long,” Piyabutr said. “There can be legal complications if Prayut and his decisions at the [Tuesday] Cabinet meeting are scrutinised. There is an overlap between the incoming and outgoing Cabinets.”

 

Future Forward Party also launched a motion in the House of Representatives yesterday about the same Cabinet meeting. 

 

Its MP Wirat Pantumaphol argued that last week’s royal endorsement had removed Prayut from the premier’s position installed by the National Council for Peace and Order. 

 

Hence, he said, according to the Constitution, his pre-endorsement Cabinet had also subsequently expired. 

 

There should be no Cabinet meetings until the new ministers are in place, Wirat said, adding that the Constitution also prescribed that each ministry’s permanent secretary will complete administration duties until Cabinet seats are filled. 

 

However, House Speaker Chuan Leekpai cited a clause in the Constitution, which allowed the outgoing Cabinet to continue working until a new batch replaces them. 

 

In addition to this new challenge to Prayut, dozens of newly elected MPs are being scrutinised for allegedly holding shares in media companies – an act prohibited by the Constitution.

 

Of the 41 MPs facing scrutiny, 27 are affiliated with Phalang Pracharat. 

 

The rival camp is waiting to see if the pro-junta MPs will be suspended from Parliament like Future Forward leader Thanathorn Juangroongruangkit had been over the same allegation.

 

Meanwhile, Phalang Pracharat lawyer Tossapol Pengsom went to Constitutional Court yesterday to get a copy of the charges. He said the party will first launch a battle against the possibility of the 27 MPs getting suspended from Parliament, as that will affect the government’s work.

 

Source: http://www.nationmultimedia.com/detail/breakingnews/30371425

 

-- © Copyright The Nation 2019-06-20

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[holy cow cm]

Do they need to take it to an international court in order to make a point to bypass all the arse licking protecting fat head? Seems almost impossible even he or they clearly in the wrong. But if the opposition does something or appears to do something they are almost immediately hung. 

[Chang_paarp]

Ah the benefits of a concisely written constitution to to ensure a smooth handover from a junta led government to a democratically elected civilian government.

[yellowboat]

4 hours ago, webfact said:

He said the party will first launch a battle against the possibility of the 27 MPs getting suspended from Parliament, as that will affect the government’s work.

The first matter of business is  for the government to uphold the law, not fight it.

 

He has yet to read the charges, but wants to fight them.  There is no love of the law in Thailand, but rather, something to be fought blindly or disregarded.  It is all just take and take and take.  How sad.  He does not even bother displaying good etiquette, as an officer of the court.

 

 

[holy cow cm]

1 hour ago, Chang_paarp said:

Ah the benefits of a concisely written constitution to to ensure a smooth handover from a junta led government to a democratically elected civilian government.

Amen!  

[Eric Loh]

5 hours ago, webfact said:

Meanwhile, Phalang Pracharat lawyer Tossapol Pengsom went to Constitutional Court yesterday to get a copy of the charges. He said the party will first launch a battle against the possibility of the 27 MPs getting suspended from Parliament, as that will affect the government’s work.

Me think that those 27 MPs more concerned that they wouldn't get their salary while on suspension. Technically there is no government at the present ministerial stalemate.

[hotchilli]

The mire deepens.

[klauskunkel]

I believe this is the Constitution Article in question:

 

About the succession of a new cabinet in the case of a new Prime Minister
A new Prime Minister can not work with the old cabinet every day of the week except between the hours of 2 pm and 5 pm, or on Buddhist holidays. The cabinet location also has to be at least 100 meters away from any school or learning institution.

 

it's pretty clear, I think 

[Srikcir]

At this point it must be very tempting for Prayut as Chief of NCPO to simply issue an Order validating temporary continuation of term for his pre-election cabinet. The NCPO has not yet been dissolved.

Or he might be even more clever to dissolve his pre-election cabinet but under Article 44 reassign those ministers as advisors to the NCPO (some which have been) whose duties remain the same regardless of the dissolution.

After all, isn't Thai-styled democratic governance all about "good intentions?"

[Eric Loh]

It has been 88 days since the election and Thailand still don't have a cabinet. The cabinet is collectively called the "government" or the "Royal Thai Government". Technically Thailand has no government currently. There will be legal complication with the defacto cabinet policies and I hope the opposition MPs will push this issue all the way. 

[johnc925]

And as the world watches this s*** show occur, Thailand's economy continues to dwindle, mogul investors have moved on to other opportunities, and China plays pressure tactics to get its way on 90 year property leases; which I sincerely hope they do NOT do... 

[Mavideol]

9 hours ago, webfact said:

However, House Speaker Chuan Leekpai cited a clause in the Constitution, which allowed the outgoing Cabinet to continue working until a new batch replaces them. 

amazing how they always find a clause somewhere to fit their (cheating) needs

[mickey rat]

We don't need no stinking constitution.