CDC to release charter draft on Jan 29
Panel wraps debate on censure motions
The first draft of the new constitution will be released on Jan 29, Constitution Drafting Committee (CDC) chairman Meechai Ruchupan said yesterday.
He said the first draft is close to being wrapped up, with sections on cabinet ministers and local administration organisations left to iron out.
Charter writing forms the first portion of the so-called “6-4-6-4” calendar, or timeline before democracy returns.
Under this plan, the first six months are dedicated to writing the charter, followed by four months for arranging and holding a referendum on the draft, six more months to enact a set of organic laws for the charter and the final four months to organise a general election.
The 20-month roadmap initiated by the National Council for Peace and Order (NCPO), backed by the charter drafters, pushes a new general election out to mid2016, when a new government is expected to take shape.
Mr Meechai said details of the first draft will be finalised at the CDC meeting in Cha-am district of Phetchaburi before it is unveiled on Jan 29. Some constitutional issues raised for a debate have been settled, including one concerning who can be targeted for a no-confidence debate in parliament.
The committee has debated whether a censure motion mounted on the grounds of corruption should focus only on the prime minister, or include cabinet members, with corruption charges required to be filed with the National Anti-Corruption Commission.
Mr Meechai said the CDC thought the censure debate should be inclusive. The prime minister and/or the entire cabinet should be liable to answer the motion and face any consequences. The committee also agreed that a requirement to file a graft complaint as well would make matters unnecessarily complicated.
Legal measures are already in place which make it possible for parties to submit a petition with the NACC against the cabinet or the prime minister targeted in a corruption-related censure motion.
Also, the CDC has attempted to solve the problem of the opposition not being able to muster sufficient support in the House of Representatives to initiate a no-confidence debate against the executive branch.
Mr Meechai said the draft charter will allow the opposition to open a special parliamentary meeting to propose its ideas on how to improve the administration, rather than making direct criticism of the cabinet.
However, the opposition leader will be the sole speaker allowed to address the meeting, which can be convened once during either an extraordinary and ordinary House session.
The aim is to create a constructive atmosphere for the government and the opposition to work together and forge national reconciliation. Mr Meechai also insisted the meeting would not weaken the opposition’s ability to scrutinise the government.
The charter drafters are also working on the grounds on which a prime minister or cabinet members might be disqualified. Mr Meechai promises tough screening of those who get the job.
Meanwhile, the Pheu Thai Party has written to Mr Meechai, outlining potential problems with the draft charter.
They include proposals for a non-MP prime minister, appointed or directlyelected senators, introduction of a complex election system, and a plan to give the Constitutional Court a role in defusing a political crisis, which would be untypical of a court. The party urged the CDC to come up with a draft charter which the people will be willing to accept at a referendum.