Thai Democrat Party Seeks Court Interpretation For Controversial Executive Decrees

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CONTROVERSIAL DECREES

Opposition's court challenges for executive decrees

The Nation

BANGKOK: -- Democrat Party spokesman Chavanond Intarakomalyasut said yesterday the Opposition would seek a Constitution Court interpretation of the government's two executive decrees.

One involves the transfer of the FIDF’s Bt1.14 trillion debt to the Bank of Thailand, and the other would permit government borrowing of Bt350 billion to finance flood-related investment.

Chavanond said the Democrat Party wanted the court to rule if the two decrees should be given urgency as required by the Constitution.

He said the Opposition's clarification move would not affect the decree as claimed by the Pheu Thai Party since the laws had taken effect. "If the government is confident it is not committing any wrong, why does it have to make noise?'' he said.

Although the Opposition did not seek a court interpretation - of the executive decree that allows the Bank of Thailand to extend the Bt350 billion soft loan - the party believes it needs improvement because only victims affected by floods last year would benefit from the scheme and not the southern people who faced a flooding situation this year.

"This is discriminating. The government must correct this urgently,'' he said.

Meanwhile the Democrat Shadow Cabinet spokesman Attawit Suwanpakdi said the government must resign or dissolve Parliament if the Constitution Court ruled the two executive decrees were unconstitutional.

He said the Yingluck government intentionally issued the executive decree instead of issuing an additional budget bill to avoid checks.

"The decree to seek a Bt350 billion loan has details on only three pieces of paper, possibly meaning the government may postpone the [flood investment] projects to next year or the following one,'' he said.

He said there was no urgency for the FIDF to transfer its Bt1.14 trillion debt to the Bank of Thailand because the debt, which is in government bonds, was not due until September, and the government had time to pass an Act. "Even if the government has money, it cannot carry out any task because the payments are not yet due,'' he said.

Attawit added the government should have lowered corporate income tax from 30 to 23 per cent to solve the debt problem, but it chose to issue the executive decrees without transparency. "BOT executives who are directly involved in the matter did not get a chance to see the content of the decree,'' he said.

-- The Nation 2012-01-30

[Buchholz]

And coming on the heels of other inappropriate executive decree issuances... the checks/balances of Parliament are bypassed.

Newly appointed Education Minister Suchart Thadathamrongvej made the announcement on his first day in office, along with clarification that he would be almost doubling the budget from 1 billion baht to 1.9 billion baht . The additional 900 million would be taken from the mid-year contingency budget that does not need to be ratified by Parliament.

telecomasia.net - Jan. 27, 2012

The original budget came out of the fund for free school uniforms and free school textbooks (both extremely worthwhile expenditures that will cease),

Now, another fund gets raped because it can be done so by Cabinet edict and doesn't require debate and ratification in Parliament.

[moe666]

Happy days are here again, after 6 years seems like Big T never left. Thailand may wake up from the Big T dream someday and be broke.

Edited January 30, 2012 by moe666

[Moruya]

Checks and balances, checks and balances.....

This must be what Thaksin calls "True Democracy"

Rape and pillage

[AleG]

Attawit added the government should have lowered corporate income tax from 30 to 23 per cent to solve the debt problem,

Is this quote right?I think the "shouldn't" would be the right word, to help the deficit problem the corporate tax shouldn't have been lowered.

[Ricardo]

the party believes it needs improvement because only victims affected by floods last year would benefit from the scheme and not the southern people who faced a flooding situation this year.

This seems perfectly fair and reasonable, and the PTP are renowned for believing in 'No Double-Standards', so the government will no-doubt hurry to rectify the shortcomings in their previous plans ?

Or perhaps not ... mustn't be seen to assist poor-people in-need, if they didn't vote the right way, after all ! Now whose policy was that ?

[sparebox2]

Checks and balances, checks and balances.....

This must be what Thaksin calls "True Democracy"

Rape and pillage

You mean cheque & (bank) balance?

[Buchholz]

Senators question constitutionality of the Bt1.14 Trillion decree

A group of 68 senators on Tuesday filed a petition seeking a judicial review on the constitutionality of a financial decree to transfer Bt1.14 trillion debt from the government to the Bank of Thailand.

The senatorial petition followed an earlier move by the opposition Democrat Party questioning the constitutionality of this decree and another on the Bt350 billion loans for flood control.

The senators, led by Khamnoon Sitthisaman, said the Bt1.14 trillion decree might be not be constitutional because the government cited a false urgency to justify the decree when the actual situation was not dire.

Khamnoon said even former finance minister Thirachai Phuvanatnaranubala had conceded that the government's fiscal position was strong enough for additional borrowing without having to window dress the state's financial account.

Many see the decree as an attempt to manipulate the accounting rules in order to deflate the public debt, hence allowing the government to take out more loans.

Democrat Party leader Abhisit Vejjajiva said he expected the Constitution Court to hand down its ruling within a month. The government is obliged to put the two decrees on hold pending the judicial decision.

-- The Nation 2012-01-31

Edited January 31, 2012 by Buchholz