Pheu Thai moves to prevent Senate from nominating PM

[webfact]

Pheu Thai moves to prevent Senate from nominating PM
The Nation


Acting Senate Speaker Surachai Liengboonlertchai meets with presidents and lecturers from various universities at the National Institute of Development Administration. Separately at Parliament, a group of 50 senators led by Lamphun Senator Tree Dampaiboon

BANGKOK: -- The Pheu Thai Party will today file a petition with the Office of the Attorney-General in a move to prevent newly elected acting Senate Speaker Surachai Liengboonlertchai from any attempt to nominate a PM under Article 7 of the charter, a proposal of the People's Democratic Reform Committee.

Pheu Thai spokesman Prompong Nopparit said Surachai held a consultative meeting of the Senate and claimed that the majority wants an interim government. He said that Surachai and a group of 40 Senators were trying to push for an appointment of a PM under Article 7 even though they have no authority and legitimacy to do so. Their action could be in violation of Article 113 of the Criminal Code, he claimed.

He said the party would take recourse to Article 68 of the Constitution to petition the Attorney-General to look into the matter and stop Surachai from carrying out his proposal.

The party may later file a petition with the Constitutional Court against Surachai on the same matter.

Chusak Sirinil, Pheu Thai legal specialist, and the party's legal team issued a statement warning against any attempts by the Senate to nominate a PM.

The statement said that Articles 171 and 172 stipulate that the House Speaker is empowered to countersign the royal endorsement of a PM and not the Senate Speaker.

It went on to say that any attempt to nominate a PM after the House of Representatives is dissolved violates Article 68 of the Constitution. The statement also said that the Senate and Senate Speaker must shoulder the consequences if people rise to oppose the move and engage in civil strife.

Separately, Norarut Pimsen, secretary-general of the Senate, said yesterday that she had submitted the names of Surachai and Uttaradit Senator Pirasak Porjit for the Office of the Cabinet's Secretariat to submit for royal endorsement as the Senate speaker and deputy Senate speaker respectively.


-- The Nation 2014-05-16

[tezzainoz]

The Senate seems to be damned weather is does or it doesnt

Is Thailand future more important the ego of cult mobs wanting their own way

we need a caretaker unbiased caretaker to hold an new election with

No 1) we need freedom of speech by all parties in all areas

No 2) Section 102 Enforced

A person under any of the following prohibitions shall have no right to be a candidate in an election of members of the House of Representatives:

(6) having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;

3) All parties yellow and red to abide by the rule of law

[Piichai]

Acting Senate Speaker Surachai has already met with the Constitutional Court.

Seems unlikely he would be proposing an interim Prime Minister had the Constitutional Court disagreed.

[rubl]

Prompong is at it again it seems. Stating "they have no authority and legitimacy to do so" and following with "Their action could be in violation of Article 113 of the Criminal Code"

If the Senate Speaker and those 40 Senators Prompong doesn't like, have no authority that would implicitly mean their actions ARE in violation of some articles and illegal, I would assume.

[Thait Spot]

We see no attempts from the PTP to talk, discuss, negotiate, compromise or attempt to find any way out

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[chainarong]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Prompong is at it again it seems. Stating "they have no authority and legitimacy to do so" and following with "Their action could be in violation of Article 113 of the Criminal Code"

If the Senate Speaker and those 40 Senators Prompong doesn't like, have no authority that would implicitly mean their actions ARE in violation of some articles and illegal, I would assume.

There is some wise heads in that lot ,and I can tell you that they will not go outside of the law, the PTP have taken only apart of a complex set of laws and are trying to brow beat the senators into there way of thinking , true to form the Senators will ignore them, as they know what they are doing, the PTP don't.

Edited May 16, 2014 by chainarong

[Piichai]

We see no attempts from the PTP to talk, discuss, negotiate, compromise or attempt to find any way out

PTP are *elected* and think they don't have to compromise.

Yet they seem to be on the run.

[binjalin]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

[The stuttering parrot]

That's right they were elected time after time by the people.

The only way the yellow dems can get power is by taking it by any means other than election because the people have proven time and time again they don't want them!

Where's abhisit this last week?

Some go forward he is!

Not a peep out of him!

[Piichai]

Where's abhisit this last week?

Some go forward he is!

Not a peep out of him!

He's met with Acting Senate Speaker Surachai twice already this week. Abhisit is indeed working hard to move forward his reform framework.

Where's Yingluck? Still out to lunch?

[Piichai]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

[binjalin]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

[SoilSpoil]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Just as the PT (TRT/PPP) will find every way to whitewash the crimes of 1 family and in the slipstream 20.000 other corrupt criminals. All in the name of democracy.

Somchai tried to amend the constitution, Samak tried it and the Yingluck administration tried to ram it right through.

This all has nothing to do with a political party retaining power, it has to do with a political party abusing its powers! Try to stay focused!

[Piichai]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

Close your eyes if you want to, but it seems to be happening. We might learn more when Acting Senate Speaker Surachai speaks later today.

Considering what Yingluck has said about lese majeste in the past, it doesn't seem likely that PTP would fight to have that included in the list of reforms; however, it's a moot point as PTP refuses to join the discussions.

[pkspeaker]

Does that constitute a ruling by the CC? I don't think so.. will the CC rule on the issue, it sounds like a ludocrous suggestion that the yet to be rolyally endorsed senate speaker, can by himself select and install a PM, when the Senate itself is out of session,so he doesn't even have a senate vote on this,AND the king said you cannot use section 7 to appoint a PM!

Acting Senate Speaker Surachai has already met with the Constitutional Court.

Seems unlikely he would be proposing an interim Prime Minister had the Constitutional Court disagreed.

Edited May 16, 2014 by pkspeaker

[maxme]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

Close your eyes if you want to, but it seems to be happening. We might learn more when Acting Senate Speaker Surachai speaks later today.

Considering what Yingluck has said about lese majeste in the past, it doesn't seem likely that PTP would fight to have that included in the list of reforms; however, it's a moot point as PTP refuses to join the discussions.

In other words... There weren't any proposals before. They are now made up as the farce continues.

Sent from my iPhone using Thaivisa Connect Thailand

[Piichai]

Advice from the Constitutional Court and NACC is a *good* thing.

Had Yingluck listened to the NACC's advice, she might still be in office today!

Does that constitute a ruling by the CC? I don't think so.. will the CC rule on the issue, it sounds like a ludocrous suggestion that the yet to be rolyally endorsed senate speaker, can by himself select and install a PM, when the Senate itself is out of session,so he doesn't even have a senate vote on this,AND the king said you cannot use section 7 to appoint a PM!

Acting Senate Speaker Surachai has already met with the Constitutional Court.

Seems unlikely he would be proposing an interim Prime Minister had the Constitutional Court disagreed.

[Piichai]

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

Close your eyes if you want to, but it seems to be happening. We might learn more when Acting Senate Speaker Surachai speaks later today.

Considering what Yingluck has said about lese majeste in the past, it doesn't seem likely that PTP would fight to have that included in the list of reforms; however, it's a moot point as PTP refuses to join the discussions.

In other words... There weren't any proposals before. They are now made up as the farce continues.

Wouldn't be surprised to see things happen in roughly this order:

1. Framework agreement
2. Reforms proposed
3. Referendum
4. Elections

Now they are still discussing the framework.

The entire process won't be completed in a week or two. Even with PTP not involved, it could easily take 100 working days.

And I suspect with PTP involved, even longer!

[Robby nz]

If it is illegal under all those clauses of the constitution for the senate to nominate a PM then it must also be illegal for the remaining 26 cabinet ministers to nominate a caretaker PM.

Yet that is just what they have done and because there is no sitting parliament and therefore no MP's to nominate a PM then they must have used section 7 themselves to nominate the caretaker PM as they have done.

The EC have said that they have doubts that the nominated caretaker PM is in fact legal and are not sure in he has the authority to sign a royal decree to hold an election so it would seem that the CC will have to be asked about that,

That a group of 26 caretaker cabinet ministers some of whom were never elected MP's but appointed ring-ins in the revolving chair, best for the job, cabinet reshuffles can appoint a caretaker PM yet the legally constituted upper house (senate) comprising 150 members of which the majority are elected by the people of their province can not, seem bizarre.

Asked before somewhere and got no answer, anyone know how many of the remaining 26 were actually MP,s ?

[binjalin]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

Close your eyes if you want to, but it seems to be happening. We might learn more when Acting Senate Speaker Surachai speaks later today.

Considering what Yingluck has said about lese majeste in the past, it doesn't seem likely that PTP would fight to have that included in the list of reforms; however, it's a moot point as PTP refuses to join the discussions.

there is no list... IF there were it would be in everyone's interest to PUBLISH it then people "may" understand what it's all about

top three: Judiciary, lese majeste and defamation I don't know even ONE person Thai or Farang who would not agree to this list

[jonclark]

That's right they were elected time after time by the people.

The only way the yellow dems can get power is by taking it by any means other than election because the people have proven time and time again they don't want them!

Where's abhisit this last week?

Some go forward he is!

Not a peep out of him!

They may have been elected time and time again by the people.......but their governance has shown time and time and again to be shockingly poor in both vision and substance. Hence they continue to have problems.

Rule 101 of parenting - Give a child what they needs not what they want.

What Thai people need is good governance, not what they want - An elected PTP government; as sadly (for democracy) history has shown that these two are mutually exclusive and incompatible.

Edited May 16, 2014 by jonclark

[PREM-R]

If the proposals for appointing a PM mean that the senate is acting 'ultra vires' then not only PTP but all political parties should be voicing their opposition. Who polices the Senators?

[Piichai]

Close your eyes if you want to, but it seems to be happening. We might learn more when Acting Senate Speaker Surachai speaks later today.

Considering what Yingluck has said about lese majeste in the past, it doesn't seem likely that PTP would fight to have that included in the list of reforms; however, it's a moot point as PTP refuses to join the discussions.

there is no list... IF there were it would be in everyone's interest to PUBLISH it then people "may" understand what it's all about

top three: Judiciary, lese majeste and defamation I don't know even ONE person Thai or Farang who would not agree to this list

Well, I know ONE that would not fight for abolishing lese majeste: YINGLUCK!

Good chance Suthep wouldn't either...

Just sayin'...

[Gunna]

Binjalin

" there is no list... IF there were it would be in everyone's interest to PUBLISH it then people "may" understand what it's all about

top three: Judiciary, lese majeste and defamation I don't know even ONE person Thai or Farang who would not agree to this list "

Who needs a list when most people know what needs to be changed

No more vote buying by cash - ban anyone caught from Politics for life ( not 5 years - if you have done it once you will do it again )

No more buying votes with populist policies - Rice scam, school tablets

No more Nepotism

No more closed books ( eg Rice Scam

No more borrowing outside the budget eg High speed Train loan

More checks and balances to minimize theft of Government money. eg check tenders against what you can buy in the local store or on-line

Go after convicted criminals or on bail who flee overseas

[Piichai]

top three: Judiciary, lese majeste and defamation I don't know even ONE person Thai or Farang who would not agree to this list

The Reds want to do away with lese majeste because they are communists. But it's interesting to note that Yingluck continues to ignore the demands of UDD.

Perhaps she too understands that the UDD is a lot smaller than they would have one believe; about 7% of the population, with another 7% "leaning" Red. And that was before the rice debacle and the kids didn't get their tablets. Hard to argue the Red ranks have grown since then.

Wouldn't it be a shame if Thaksin was just using the Reds?

[rebelplatoon]

So one side is trying to find a way out of the deadlock, meeting with academics, getting different views, checking what the people want. And the other side (PTP) is trying to frustrate every effort to find a solution and common ground.

This desperate clinging to "power" is becoming quite ridiculous and they don't seem to realize that it is against the good of the country.

[smedly]

and the Attorney-General is in who's pocket lol

PTP as usual offering nothing but resistance and threats to all except their own agenda - which is to hold on to power at all costs otherwise their grand theft of over 800 billion baht will be exposed - they have a lot to lose

[smedly]

the Ammart will find every and any way to retain power and the don't care about elections they were 'born to rule' after all

Elections will come *after* the reform.

what "reform"? show me the proposals... where is the outline...? what is the timeline? you mean lese majeste? defamation? the judiciary? I'd like to see ALL those reformed

are they in the list? where is the list???

The list is written on my left buttock wanna read it ?

[BlueNoseCodger]

The Senate seems to be damned weather is does or it doesnt

Is Thailand future more important the ego of cult mobs wanting their own way

we need a caretaker unbiased caretaker to hold an new election with

No 1) we need freedom of speech by all parties in all areas

No 2) Section 102 Enforced

A person under any of the following prohibitions shall have no right to be a candidate in an election of members of the House of Representatives:

(6) having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of dishonest performance of duties or corruption;

3) All parties yellow and red to abide by the rule of law

It's not the Senate, it's was the coup group of Senators (69 Senators attended the original meeting, a minority), now acting Senate Speaker Surachai Liengboonlertchai is pretending to speak for the whole senate on his own out of session.

Section 7. won't be submitted, it's DOA.

Secion 102, is irrelevent since there is no election.

[smedly]

top three: Judiciary, lese majeste and defamation I don't know even ONE person Thai or Farang who would not agree to this list

The Reds want to do away with lese majeste because they are communists. But it's interesting to note that Yingluck continues to ignore the demands of UDD.

Perhaps she too understands that the UDD is a lot smaller than they would have one believe; about 7% of the population, with another 7% "leaning" Red. And that was before the rice debacle and the kids didn't get their tablets. Hard to argue the Red ranks have grown since then.

Wouldn't it be a shame if Thaksin was just using the Reds?

I think you're being a bit generous with the numbers there, considering that the red support is mostly bought or intimidated and the Red leaders are highly paid from the criminal in the desert

I'd say red hardline support is more likely 0.1% of population and most of those are community big men who would be up to no good no matter what (Mafia types)

As for the rest of their support - depends on how deep the money pot is