ICEH brushes off dissolution attempt

The Independent Commission on Environment and Health (ICEH) says the National Environment Board’s decision to dissolve it bears no weight as the board lacks the authority to do so.

The National Environment Board in July resolved to dissolve the ICEH, saying the independent agency’s function is not stipulated by the current constitution.

But ICEH secretary-general Patchai Vanuvehchpong said the National Environment Board’s resolution is not legally binding, but rather an opinion, and does not carry weight.

“We don’t have any letter or official contact to dissolve our organisation.

“It means we have continued working and are still waiting for a coal power plant project proposal in Thepa to be submitted for our consideration,” he said.

“It would be illegal if Onep [Office of Natural Resources and Environmental Policy and Planning] does not submit the project to us,” he added.

Mr Patchai said that while the constitution does not mention the agency, Section 58 says clearly that state agencies have a duty to assess the health and environmental impact of projects, including conducting public hearing procedures, adding the agency could be considered one such state agency if the bill on independent agencies passes.

Since the promulgation of the current constitution on April 6, the National Legislative Assembly has been deliberating organic laws, including laws on independent organisations such as the Election Commission and the National Human Rights Commission.

The proposed law on the ICEH has not been proposed.

Meanwhile, Wijarn Simachaya, permanent secretary of the Ministry of Natural Resources and Environment, said the National Environment Board has ordered the Department of Environmental Quality Promotion to hold consultations with the Prime Minister’s Office on how to terminate its regulations related to the independent organisation.

“What we have done is in line with the constitution, which has not addressed the independent organisation’s existence.

“And we don’t know where to get money to support the organisation if the constitution does not allow us to do so,” he said.

The board also came up with a resolution to improve the process and regulations to scrutinise any project through an Environment and Health Impact Assessment (EHIA) following its decision to not submit the project to the ICEH for consideration.

The ICEH was established in 2011 during the Abhisit administration to boost public confidence regarding EHIAs on projects that might harm human health or the environment.

The public had called for an independent agency to study the potential health and environmental impacts from a project at the Map Ta Phut industrial estate in Rayong province.

The agency was authorised to give additional suggestions regarding the EHIA study for the project regarding 12 harmful activities and organise related public hearings.

After being scrutinised, an committee was to forward its EHIA to the ICEH for consideration.