Bangkok: DSI And BMA At Odds Over Jurisdiction

[webfact]

BANGKOK METROPOLITAN ADMINISTRATION

DSI and BMA at odds over jurisdiction

THANATPONG KRONGSAI,

CHULARAT SAENGPASSA

THE NATION

BANGKOK: -- Bangkok Governor MR Sukhumbhand Paribatra said yesterday that no individual or agency had the right to interfere in the city administration's constitutionally-enshrined mandate to provide public services, such as the Skytrain system, to its residents.

He made this statement after the Department of Special Investigation (DSI) announced it plans to intervene in the 30-year Skytrain management contract awarded to BTSC.

"The Constitution's Article 281 clearly states that the state shall give autonomy to a local government organisation in line with the principles of self-governance and the will of the people in a locality. The local government organisation is also given the autonomy to become a principle public-services provider in the vicinity," the governor said.

A highly-placed source at the DSI, however, revealed that the department's board had not given up on the case yet.

"We are waiting for a confirmation from the Interior Ministry on the fact that it is the Interior minister, not the Bangkok Metropolitan Administration, that has the mandate to decide on the Skytrain contract," he said on condition of anonymity.

DSI is looking into allegations that the BMA and its legal investment arm, Krungthep Tanakom (KT), had deliberately evaded laws to award the contract to BTSC, the current operator of the Skytrain system.

Under the Bt190-billion contract, BTSC will operate and provide maintenance services for two Skytrain extension routes for 30 years, in addition to another 13 years for the existing network.

BTSC already holds a 30-year concession for the original Skytrain system, which has a combined length of 23.5 kilometres and 23 stations.

According to one law, the decision to extend a concession lies with the interior minister, though the BMA is now saying that it has only "hired" BTSC.

"But if you look into details, you will realise that it is a concession in essence, and the words are very carefully chosen to evade the law," the DSI source said. He added that the DSI would not consider taking the case until it receives confirmation from the Interior ministry.

Meanwhile, at a seminar on the contract awarded to the BTSC, Democrat Party deputy spokesman Sakoltee Phattiyakul said that there was bound to be a political agenda behind the attack on BMA.

"This issue has been politicised because the gubernatorial elections in Bangkok will be held pretty soon and also because KT's chairman is Praphanpong Vejjajiva," Sakoltee said.

Praphanpong is related to opposition and Democrat Party leader Abhisit Vejjajiva.

"Why should the DSI intervene, when the Bangkok governor is a political office holder? Any investigations against him should be conducted by the National Anti-Corruption Commission," Sakoltee said.

As for the contract granted to his company, BTSC executive Anat Arbhabhirama praised Sukhumbhand for making a decision that would guarantee people world-class public transport services.

Bannasophit Mekwichai, a former deputy Bangkok governor, said all sides should stop fighting and do things for the benefit of the public.

"Stop thinking that when your group starts a project, that project must belong to you alone," she said.

However, the DSI source said that the government should have a say on the Skytrain system because it was part of a nationwide transport network.

"Transportation systems would be more integrated if the central government was part of the decision-making process. That's why the mandate to decide on stuff like a long-term Skytrain contract should lie with a minister," he said.

-- The Nation 2012-07-04

[chotthee]

Don't waste your time DSI.

You cannot sue this governor.

There is a law against it.

[Unkomoncents]

This country is really too much. They just don't want to properly function and earn their place in SE Asia as an important developing economy. It's tragic to see the corrupt little imps now going for one of the only efficient, reliable systems they have.

[tomross46]

The politicians need the 33% of all projects monies, to fill the safe room added to the house. This room has been made to keep the money for their doughters wedding.

[Lifer]

Can't any agency work together for the good of the country. Reform? I will be dead before reform comes to this country. They are all dysfunctional.

[Skywalker69]

The politicians need the 33% of all projects monies, to fill the safe room added to the house. This room has been made to keep the money for their doughters wedding.

[Bagwan]

Don't waste your time DSI.

You cannot sue this governor.

There is a law against it.

Since when has any law in Thailand been implemented and strictly adhered to?

[airconsult]

According to the DSI's website, under powers and duties. (emphasis is mine).

"The missions of the DSI, abided by the ministerial regulations, are to prevent, suppress, and control serious cases, which affect the nation’s economy, society, security, and safety, by monitoring crime, investigating, and prosecuting criminals so as to protect and preserve nation’s income, suppress corruption process, and dismantle transnational organized-crime. The powers and duties of the DSI are as follows."

http://www.dsi.go.th/index.php?option=com_content&view=article&id=4152&Itemid=17

So they are trying to perform what has been defined as a duty, even if it does overlap somewhat with the NACC.

Right now this is just an investigation as public interest questions have been raised. If they do not investigate, they can be charged with not performing their duty.

[animatic]

"Transportation systems would be more integrated if the central government was part of the decision-making process. That's why the mandate to decide on stuff like a long-term Skytrain contract should lie with a minister," he said.

This one takes the cake.

The integration between BTS and the line to the airport is pathetic.

Not necessarily the BMA's fault, since changing which fiefdom has control of

a public works agency as the political tide turns is exactly the opposite

of actually creating an integrated system, because the vision changes with

each change of cronies financial interests.

Creating a LONG TERM contract takes out much of the political bending with the wind

that is endemic with sequencial fiefdoms fighting over the patronage or kickbacks.

This is nothing but a case of a political attempt to change fiefdoms yet again.

DSI is the mechanism, but just the tool not the hand wielding it.

[smedly]

The local government organisation can certaintly preside over tenders etc for running city services but they must operate within a legal envelope and not award these contracts to whoever offers the biggest cash incentive, this country is more corrupt than I ever thought possible, there are billions of baht that pass around under the table in a way that stretches the imagination, what they really need here is to reform the tax and revenue system giving far reaching powers to the tax authority

[airconsult]

"Transportation systems would be more integrated if the central government was part of the decision-making process. That's why the mandate to decide on stuff like a long-term Skytrain contract should lie with a minister," he said.

This one takes the cake.

The integration between BTS and the line to the airport is pathetic.

Not necessarily the BMA's fault, since changing which fiefdom has control of

a public works agency as the political tide turns is exactly the opposite

of actually creating an integrated system, because the vision changes with

each change of cronies financial interests.

Creating a LONG TERM contract takes out much of the political bending with the wind

that is endemic with sequencial fiefdoms fighting over the patronage or kickbacks.

This is nothing but a case of a political attempt to change fiefdoms yet again.

DSI is the mechanism, but just the tool not the hand wielding it.

I believe the AirportLink was built by the Transport Ministry, after arguing about it for 4 years with SRT and BMA and no progress, the Ministry took direct control.

As that's the first time they had ever tried to specify and manage the project themselves - it explains why they made many costly mistakes. And at the end it took 18 months to persuade either BTS or SRT to run it. Since BTS wanted to have a profit - they backed out. I can't find the article right now, but I remember when it looked like it was going to be run by BTS, and SRT refused the plans for a tunnel link to Phetchaburi. Now that SRT-ET runs it - they have to build a tunnel or overpass themselves.

Cheers

[Unkomoncents]

According to the DSI's website, under powers and duties. (emphasis is mine).

"The missions of the DSI, abided by the ministerial regulations, are to prevent, suppress, and control serious cases, which affect the nation’s economy, society, security, and safety, by monitoring crime, investigating, and prosecuting criminals so as to protect and preserve nation’s income, suppress corruption process, and dismantle transnational organized-crime. The powers and duties of the DSI are as follows."

http://www.dsi.go.th...=4152&Itemid=17

So they are trying to perform what has been defined as a duty, even if it does overlap somewhat with the NACC.

Right now this is just an investigation as public interest questions have been raised. If they do not investigate, they can be charged with not performing their duty.

For real? You really think this about the public's interests in the end? I have never seen the Thai government do ANYTHING in the public's interests. Even in the best cases, a few individuals are getting filthy rich off of the latest "improvement". This is a country that doesn't understand the meaning or purpose of government. There is corruption in every country in the world. In Thailand, is nothing but corruption. Where are Thailand's Aung Sun Su Kyii's, Ghandi's, Martin Luther King's? I remember reading about how the Red Shirt leaders were all holed up in the Four Seasons while the protestors slept in the streets. The Kingdom knows nothing but venality.

Edited July 4, 2012 by Unkomoncents

[Dap]

The local government organisation can certaintly preside over tenders etc for running city services but they must operate within a legal envelope and not award these contracts to whoever offers the biggest cash incentive, this country is more corrupt than I ever thought possible, there are billions of baht that pass around under the table in a way that stretches the imagination, what they really need here is to reform the tax and revenue system giving far reaching powers to the tax authority

The government IS the tax authority

[clockman]

18-20% of the countries G.D.P is stolen from the people. Disgusting

[smutcakes]

"Transportation systems would be more integrated if the central government was part of the decision-making process. That's why the mandate to decide on stuff like a long-term Skytrain contract should lie with a minister," he said.

This one takes the cake.

The integration between BTS and the line to the airport is pathetic.

Not necessarily the BMA's fault, since changing which fiefdom has control of

a public works agency as the political tide turns is exactly the opposite

of actually creating an integrated system, because the vision changes with

each change of cronies financial interests.

Creating a LONG TERM contract takes out much of the political bending with the wind

that is endemic with sequencial fiefdoms fighting over the patronage or kickbacks.

This is nothing but a case of a political attempt to change fiefdoms yet again.

DSI is the mechanism, but just the tool not the hand wielding it.

Animatic,

I dont disagree with your long term point, but do you not think that it should have gone through a proper tender process, to give any competing companies at least a chance of running the system?

At the very least in the current political climate this would have removed a number of accusations of potential corruption. Even in very small scale business, spending small sums, it is necessary to get a least 3 tenders. The way you have worded it, it seems that you think maybe this process is okay as at least it will be immune to changing Governments. As i said i do agree with your general sentiments, but i think it should have been handled better, with the end result probably the same.