NLA to determine impeachment process

[Lite Beer]

NLA to determine impeachment process
Prapasri Osathanon
The Sunday Nation

BANGKOK: -- The National Legislative Assembly's regulations will stipulate the process of impeachment for political office holders as part of its urgent agenda.

As per the draft NLA regulations, the NLA president must call a meeting within 20 days of receiving a request by the National Anti-Corruption Commission, which indicts and submits an investigation report.

The NACC and the indicted person might be told to testify or provide evidence to the NLA. After that, NLA members would vote whether to impeach the person within three days of hearing the case.

The impeachment would be based on the current organic law on the NACC.

This Thursday and Friday, 10 bills have been placed on the NLA agenda.

NLA President Pornpetch Wichitcholchai has scheduled the NLA meeting later this week. On the agenda are 10 urgent bills proposed by the National Council for Peace and Order chief General Prayuth Chan-ocha.

The bills include laws on providing safety to the monarchy, the demand for debt payment, the amendment of civil laws, the customs, government officials' pension and quick government's service in issuing permission, which will reduce "red tape" in the government office processes.

Meanwhile, NLA vice president Peerasak Porjit, in charge of drafting parliamentary meeting regulations, said there would be 20 parliamentary committees plus some ad hoc committees to follow up on law enforcement and anti-corruption measures.

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Source: http://www.nationmultimedia.com/politics/NLA-to-determine-impeachment-process-30241626.html

-- The Nation 2014-08-24

[lovetotravel]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

[tx22cb]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Surely not - I thought all NLA members have been carefully selected for their righteousness.

And why do we need to waste time to impeach them - they were appointed by the Junta, so they should be able to be summarily dismissed by Prayuth using the current Martial Law conditions?

[Thanet]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

It makes the NLA sound a bit like the Rotary Club.

[WhizBang]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Indeed, Yingers would have been impeached long before she had any chance to do much damage had this law been in place when she was in office.

[pisico]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

Edited August 24, 2014 by pisico

[gk10002000]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

[lovetotravel]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

So far, I've seen the NLA doing a great job of enforcing laws that have been ignored. Child and forced labor, forest encroachment, criminals who killed innocent protesters, etc, etc, etc. As for the constitution, when was it ever really followed legally???? Except to the benefit of the corrupt?

[fab4]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

And 19 coups had nothing to do with that? Since 1932, military governments have been in charge of Thailand longer than any civilian governments, the combined period approximates to 48 years worth of military rule.

[pisico]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

And 19 coups had nothing to do with that? Since 1932, military governments have been in charge of Thailand longer than any civilian governments, the combined period approximates to 48 years worth of military rule.

A country with a feudal foundation of its society cannot understand, abide by or implement any form of Rule of Law.

Therefore, as you correctly pointed out....19 coup d'etat (as as many constitutions) because of Thainess.

Thainess, Thainess uber ales!!!

Edited August 24, 2014 by pisico

[fab4]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

Nothing. Section 48 of the interim constitution refers. Do not expect this section to disappear in the "new" constitution.

Section 48. All acts which have been done in relation to the seizure and control of the administration of State affairs on the 22^nd Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and Order and the National Council for Peace and Order, including all acts which have been done by any person in connection with the aforesaid acts, or by the person who has been entrusted or ordered by the Head of the National Council for Peace and Order or the National Council for Peace and Order, for the fulfilment of such purposes, regardless of their legislative, executive or judicial force, as well as any punishment and other acts performed in relation to the administration of State affairs and whether the actors of those act are principals, accessories, persons who employ another to commit those acts or the employed persons and whether those acts done before or after the date mentioned above, if the aforesaid acts were illegal, all related person shall be exempted from being offenders and shall be exempted from all liabilities.

http://lawdrafter.blogspot.de/2014/07/translation-of-constitution-of-kingdom.html?m=1

The previous Junta written constitution (2007) had a similar amnesty clause, Section 309.

[billd766]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Indeed, Yingers would have been impeached long before she had any chance to do much damage had this law been in place when she was in office.

I have run out of likes already.

Have one of these.

[Eric Loh]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

And 19 coups had nothing to do with that? Since 1932, military governments have been in charge of Thailand longer than any civilian governments, the combined period approximates to 48 years worth of military rule.

And to add, we have 18 revised charters or constitutions. Each comes after a coup that abrogated existing constitution and promulgated new one. Only the 1997 constitution is the true reflection of a people charter because of its participative process involved in its drafting. Will the new charter involved broad participation and seek an referendum for endorsement? If not it will fail.

[boomerangutang]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

So far, I've seen the NLA doing a great job of enforcing laws that have been ignored. Child and forced labor, forest encroachment, criminals who killed innocent protesters, etc, etc, etc. As for the constitution, when was it ever really followed legally???? Except to the benefit of the corrupt?

Ok, you like what they've been doing, and I like most of what they've been doing. However, what happens if/when they start doing things that you or I don't particularly like. Ok, we're farang, so we don't have any input, ....but if you were a Thai - there's nothing you could do, if rules were instated that you didn't like, or didn't think were fair. Reason: NO DUE PROCESS. In other words, it's like a family with a father in charge who makes the rules, and all family members must abide.

And the strange part is: as much as the current scenario is lacking, it's miles better than the so-called democratic situation which preceded it - when it was all about what the Shinawatres wanted.

[boomerangutang]

And to add, we have 18 revised charters or constitutions. Each comes after a coup that abrogated existing constitution and promulgated new one. Only the 1997 constitution is the true reflection of a people charter because of its participative process involved in its drafting. Will the new charter involved broad participation and seek an referendum for endorsement? If not it will fail.

Are you saying it will fail because it might not be a good enough draft(?), or will fail to get approved? Whether or not there's 'broad participation' or a referendum, it can't fail to get approved - because if the NLA approve it (they will approve everything passed down to them from above), then it's a done deal. Edited August 24, 2014 by boomerangutang

[Ozziepat]

Thailand has never had a genuine civilian government or a true constitution, nor will it this time around. It has only ever had temporary faux governments and constitutions allowed to exist for short periods at the whim of the military. Whenever things begin to go a bit sideways, the junta du jour steps in and asserts the authority it never really relinquished. This is a special kind of short film noir playing over and over in an endless loop to a comatose audience that always vaguely hopes for a different outcome.

[Eric Loh]

And to add, we have 18 revised charters or constitutions. Each comes after a coup that abrogated existing constitution and promulgated new one. Only the 1997 constitution is the true reflection of a people charter because of its participative process involved in its drafting. Will the new charter involved broad participation and seek an referendum for endorsement? If not it will fail.

Are you saying it will fail because it might not be a good enough draft(?), or will fail to get approved? Whether or not there's 'broad participation' or a referendum, it can't fail to get approved - because if the NLA approve it (they will approve everything passed down to them from above), then it's a done deal.

Sorry if I confuse you. The new charter is not approved by the NLA but by the NRC after vetting by the Constituent Committee makeup of members from NCPO, NRC, cabinet and of course President NCPO. I am saying that it should also be vetted by the general public by a referendum to give the charter better legitimacy.

The impeachment is a NACC procedure that only need approval by the NLA. I sure it will go through a stringent shake-up. That's fine as it is apply to all parties and therefore a level playing field.

[pisico]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

And 19 coups had nothing to do with that? Since 1932, military governments have been in charge of Thailand longer than any civilian governments, the combined period approximates to 48 years worth of military rule.

And to add, we have 18 revised charters or constitutions. Each comes after a coup that abrogated existing constitution and promulgated new one. Only the 1997 constitution is the true reflection of a people charter because of its participative process involved in its drafting. Will the new charter involved broad participation and seek an referendum for endorsement? If not it will fail.

QUOTE "WE had 18 revised charters..." END OF QUOTE

Unless you are a naturally born Thai, I think it proper to say: THEY had 18 revised charters.

No matter how strongly Farangs feel about Thai politics, it will always be Thai politics for Thais.

Thailand deserves the fate in politics it has because the population, the powers that be and the upper echelons who control economy, education and industry, allow it to be so.

[Dogmatix]

Interesting. Absenteeism was an issue with the 2007 NLA and many of its laws were later challenged on the grounds that the NLA passed them without a quorum. Impeachment seems a good idea but it should be for missing more than 10-15% of the sessions. They are appointed and paid to attend. If they are not interested, they should decline the job.

Will the NLA also hear impeachments of political office holders pending from the last government? If not, who will or will they be allowed to slip off the hook?

[rubl]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Surely not - I thought all NLA members have been carefully selected for their righteousness.

And why do we need to waste time to impeach them - they were appointed by the Junta, so they should be able to be summarily dismissed by Prayuth using the current Martial Law conditions?

You forgot to add the "... and shot at dawn" part.

Anyway it would seem that to some this move to more normal affairs is threatening as it may be creating a situation people start to find it normal members of parliament are held responsible.

[rubl]

All very good. Especially this one:

He said NLA members who miss one-third of NLA meetings in 90 days would face impeachment.

Apply that to the real business/industrial world: would any company allow an employee to miss 90 days of work without being sacked? What if the NLA member misses only 89 days?

Thainess... No wonder this is a country that in spite of decades of massive foreign investment and know-how, continues in the tier of "nations in the process of developing."

Well, let's see and make some suggestions.

- 30 meetings: memo to remind someone of his duties

- 45 meetings: memo to remind someone again, plus need to reply with reasons as to why so many meetings were missed

- 60 meetings: person-to-person talk and warning

- 75 meetings: formal warning with need to reply with reasons as to why so many meetings were missed

- 90 meetings: face impeachment

Of course the alternative is a pistol with one bullet and leaving the person to it. Some here seem to like that more military approach.

[Bakseeda]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

Nothing. Section 48 of the interim constitution refers. Do not expect this section to disappear in the "new" constitution.

Section 48. All acts which have been done in relation to the seizure and control of the administration of State affairs on the 22^nd Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and Order and the National Council for Peace and Order, including all acts which have been done by any person in connection with the aforesaid acts, or by the person who has been entrusted or ordered by the Head of the National Council for Peace and Order or the National Council for Peace and Order, for the fulfilment of such purposes, regardless of their legislative, executive or judicial force, as well as any punishment and other acts performed in relation to the administration of State affairs and whether the actors of those act are principals, accessories, persons who employ another to commit those acts or the employed persons and whether those acts done before or after the date mentioned above, if the aforesaid acts were illegal, all related person shall be exempted from being offenders and shall be exempted from all liabilities.

http://lawdrafter.blogspot.de/2014/07/translation-of-constitution-of-kingdom.html?m=1

The previous Junta written constitution (2007) had a similar amnesty clause, Section 309.

And.... what's your point ..? ................... It is a military coup. what do you expect... Campbells soup..?

[Eric Loh]

I see this impeachment reform as the most important and urgent. It should not be decided by the NLA or Parliment as partisanship will skew the decision. A royal appointed impeachment tribunal consisting of neutral personalities would be better suited to preside and the verdict more acceptable to the people. If this reform is done right, we don't need protestors on the streets or a military coup to rid a corrupted Prime Minister.

[fab4]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

Nothing. Section 48 of the interim constitution refers. Do not expect this section to disappear in the "new" constitution.

Section 48. All acts which have been done in relation to the seizure and control of the administration of State affairs on the 22^nd Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and Order and the National Council for Peace and Order, including all acts which have been done by any person in connection with the aforesaid acts, or by the person who has been entrusted or ordered by the Head of the National Council for Peace and Order or the National Council for Peace and Order, for the fulfilment of such purposes, regardless of their legislative, executive or judicial force, as well as any punishment and other acts performed in relation to the administration of State affairs and whether the actors of those act are principals, accessories, persons who employ another to commit those acts or the employed persons and whether those acts done before or after the date mentioned above, if the aforesaid acts were illegal, all related person shall be exempted from being offenders and shall be exempted from all liabilities.

http://lawdrafter.blogspot.de/2014/07/translation-of-constitution-of-kingdom.html?m=1

The previous Junta written constitution (2007) had a similar amnesty clause, Section 309.

And.... what's your point ..? ................... It is a military coup. what do you expect... Campbells soup..?

Before you poked your sporran in I was replying to a post asking what laws or retribution the NLA and Junta might face.

If, as I suspect, you're a junta punter, it will be of no concern to you anyway because people like you consider that the junta have a divine right to do anything they please.

[boomerangutang]

Give unto Caesar that which is Caesar's.

or to put a Thai spin on it:

They're gonna do what they wanna do, whether we or the Thai public like it or not.

There's no practical reason for putting a new Constitution draft up for public vote/referendum. The NLA is going to agree to it unanimously (99% probably won't even read the draft. It's all run-on sentences anyway). So why add the expense of having the peons vote for it, they would all vote yes anyway, we all know that. Actually, I know the reason there'd be a vote: to add legitimacy to what the General(s) do.

Whenever there's a coup in Thailand, the new bosses always declare they're going to re-write the Constitution. It's become an automatic thing. The main reason: to excuse themselves from legal ramifications. However, it's become such a habit, that it looks silly.

[rubl]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

Nothing. Section 48 of the interim constitution refers. Do not expect this section to disappear in the "new" constitution.

The previous Junta written constitution (2007) had a similar amnesty clause, Section 309.

And.... what's your point ..? ................... It is a military coup. what do you expect... Campbells soup..?

Before you poked your sporran in I was replying to a post asking what laws or retribution the NLA and Junta might face.

If, as I suspect, you're a junta punter, it will be of no concern to you anyway because people like you consider that the junta have a divine right to do anything they please.

So, we are all for the the NLA to "stipulate the process of impeachment for political office holders"?

Edited August 24, 2014 by rubl

[fab4]

Nothing. Section 48 of the interim constitution refers. Do not expect this section to disappear in the "new" constitution.

The previous Junta written constitution (2007) had a similar amnesty clause, Section 309.

And.... what's your point ..? ................... It is a military coup. what do you expect... Campbells soup..?

Before you poked your sporran in I was replying to a post asking what laws or retribution the NLA and Junta might face.

If, as I suspect, you're a junta punter, it will be of no concern to you anyway because people like you consider that the junta have a divine right to do anything they please.

So, we all for the the NLA to "stipulate the process of impeachment for political office holders"?

Just what percentage of your 15,000 odd posts do you think are dedicated to unnecessary, pseudo mod imitating, nose butting, on topic reminder posts, rubl?

[rubl]

I see this impeachment reform as the most important and urgent. It should not be decided by the NLA or Parliment as partisanship will skew the decision. A royal appointed impeachment tribunal consisting of neutral personalities would be better suited to preside and the verdict more acceptable to the people. If this reform is done right, we don't need protestors on the streets or a military coup to rid a corrupted Prime Minister.

To make me understand this, could you elaborate a bit, dear Eric?

Do you suggest that every time either NACC or Senate agrees on starting the impeachment process a Royally appointed Impeachment Tribunal should be setup?

If the PM is to be impeached will he/she make the Decree for H.M. the King to sign?

or are you suggesting that instead of NACC and Senate a new committee should be appointed every time someone likes to start an impeachment process?

[rubl]

Before you poked your sporran in I was replying to a post asking what laws or retribution the NLA and Junta might face.

If, as I suspect, you're a junta punter, it will be of no concern to you anyway because people like you consider that the junta have a divine right to do anything they please.

So, we all for the the NLA to "stipulate the process of impeachment for political office holders"?

Just what percentage of your 15,000 odd posts do you think are dedicated to unnecessary, pseudo mod imitating, nose butting, on topic reminder posts, rubl?

So, can I note that down as a "Yea" ?

[gk10002000]

Exactly. The NLA can make up and then enforce whatever rules it wants. this is what happens when you throw out the constitution. I wonder in a few years when the next coup happens or if amazingly there are actually free elections, what laws or retribution the NLA and the junta might face. What has happened to previous coup leaders and their administrations?

So far, I've seen the NLA doing a great job of enforcing laws that have been ignored. Child and forced labor, forest encroachment, criminals who killed innocent protesters, etc, etc, etc. As for the constitution, when was it ever really followed legally???? Except to the benefit of the corrupt?

But that is the whole point. If the civilian government and the courts do not follow and enforce the constitution, then you basically don't have one. Freedom and democracy and voting and free choice don't come for free. A country must constantly work for it, otherwise bullies can take over. This begins with schooling and education and civics classics discussing and expounding how the government works. I wonder if the school books describe the governments? Do they mention coups and takeovers? Do they mention constitutions? Are the school books extensively edited and slanted towards whatever regime just took over?