Thai Constitution: New provisions on censure debate

[webfact]

CONSTITUTION WATCH
New provisions on censure debate
KRIS BHROMSUTHI
THE NATION
PATTAYA

Charter drafters also create new structure for senate to boost checks and balance; set regulations for senators, MPs

BANGKOK: -- AS PER A new provision written by the charter drafters yesterday, the entire House of Representatives and Cabinet will be dissolved if the prime minister or the Cabinet fail to pass a censure debate in Parliament.

This provision is designed to stop the opposition from submitting no-confidence motions too often and thus allowing the government to focus more on administrative work, Constitution Drafting Committee (CDC) spokesman Kamnoon Sidhisamarn explained yesterday. He said the provision would also encourage the opposition to find other means to scrutinise the prime minister and other Cabinet members.

The charter drafters also wrote new articles changing the structure of the Senate as part of their move to keep the Upper and Lower Houses of Parliament separate and allow for a better system of checks and balances. They also discussed and eventually came to a conclusion on the acquisition and qualification of MPs and senators.

General Lertrat Rattanawanich, also CDC spokesman, said this new provision would make the Parliament "more inclusive" and bring the country closer to becoming an advanced democracy, such as the United Kingdom or Canada, who have a similar framework for the upper house of parliament.

Kamnoon said charter drafters wanted "power groups" in society to have an official standing in the political system, adding that the House of Representatives would still represent the public, while the Senate would be made up of people from different social groups. He said this would allow for a greater "variety" of representatives in Parliament.

According to the provision, the appointed or indirectly elected senators would come from five key social groups:

 Former chiefs of executive, legislative and judicial branches;

 Former senior civil servants such as permanent secretaries of ministries and military commanders;

Chiefs of professional organisations;

 Representatives of registered civil groups such as labour unions and agriculture cooperatives;

 People from professional groups that have had public endorsement.

As per the new constitution, all senators would be appointed or indirectly elected. This is because charter drafters believe that in previous governments, the seats in the Senate and the House of Representatives were filled by the same kinds of people, who used the same electoral support bases and canvassers. This meant that senators needed support from political parties, hence the ineffective checks and balances between the two Houses.

Charter drafters also wrote a provision on the qualification of MPs, and one of the Articles bars those who were convicted of electoral fraud to run in future elections. The CDC has yet to make a final decision on whether to bar those who were previously impeached or under a five-year ban from politics.

Some people have speculated that this provision could be applied to former prime minister Yingluck Shinawatra, who was recently indicted, along with the 111 Thai Rak Thai Party and 109 People Power Party MPs, who were banned from politics for five years after their parties were dissolved.

However, Kamnoon said he could not confirm the speculation because related by-laws, which will eventually decide the matter, are yet to be drafted.

Another qualification for MPs in the provision is that they have to declare their annual earnings and assets over the past three years before they can run for elections. This is part of a move to keep out corrupt candidates.

Source: http://www.nationmultimedia.com/politics/New-provisions-on-censure-debate-30254877.html


-- The Nation 2015-02-26

[trogers]

Any provisions to ensure the PM's attendance when Parliament is in session?

[tbthailand]

Kamnoon said charter drafters wanted "power groups" in society to have an official standing in the political system, adding that the House of Representatives would still represent the public, while the Senate would be made up of people from different social groups. He said this would allow for a greater "variety" of representatives in Parliament.

this is so Orwellian...

[Just1Voice]

This so-called "Charter" is being written to assure that real democracy is prohibited from gaining a toe hold in Thailand.

[Srikcir]

"bring the country closer to becoming an advanced democracy, such as the United Kingdom or Canada, who have a similar framework for the upper house of parliament."

So why is the CDC going to Germany to witness their electoral process which has already been dismissed by the CDC as allowing too much power in the Head of State. Is the CDC now going to visit Canada or the UK elections?

If one wants to dwell on integrity, CDC should be honest and admit that Thailand cannot adopt any existing democratic system of governance found in the world because Thailand has its own unique political needs. Instead it should just focus on becoming the world's most advanced oligarchy and quit trying to be something it cannot allow - a democracy.

[Plowman]

Any provisions to ensure the PM's attendance when Parliament is in session?

Democracy is being gutted and this is your concern - sober up.

[trogers]

Any provisions to ensure the PM's attendance when Parliament is in session?

Democracy is being gutted and this is your concern - sober up.

What Democracy when the PM comes from the House and not attend it's meetings?

[tbthailand]

This is a very nice idea.

It becomes a "constitutional" way to do exactly the same thing as May 22nd without it being an 'intervention'....

Really sweet deal for the elites/generals...........

[rubl]

This is a very nice idea.

It becomes a "constitutional" way to do exactly the same thing as May 22nd without it being an 'intervention'....

Really sweet deal for the elites/generals...........

You mentioned a few Thai whiskeys in another post a wee bit earlier this evening. Did you take a few more since?

Could you tell me whether your remark is aimed at calling for elections of both parliament/Senate when the PM is voted down at a censure debate, or is it about the restructuring of the Senate more in line with the UK a.o.

Also the 'sweet deal' needs some explanation as I'm afraid it's a bit less than obvious.