Ban fraud-linked politicians for life, forum told

State officials should get ‘right to protest’

Political office-holders who commit financial offences should be banned from politics for life, a seminar was told recently.

The proposal was made at one of the small discussion groups during a seminar held by the Constitution Drafting Committee to gather opinions on the charter’s organic bill governing the Office of the Auditor-General (OAG).

Each discussion group dealt with separate issues.

Most participants at the discussion group agreed that policy-makers who commit financial offences should be removed from office and banned from politics for at least five years or for life. They must also be made to pay for the damages incurred and face criminal prosecution.

Offences involving financial discipline should extend to cover gains from currency exchange fluctuations, the forum was told.

Participants also agreed that government officials should have the right to write in to protest when they think policy-makers are wrong.

State officials should also be given protection from legal consequences if they are forced to act on the orders of policy-makers despite protesting, the forum was told.

In his opening speech at the seminar, CDC chairman Meechai Ruchupan said the OAG is an independent organisation which has the authority to audit state agencies’ budget spending as it sees fit without the need to wait for complaints from others first.

The state auditor must be strict about the state budget to prevent misspending, Mr Meechai said.

He also said the CDC was considering fashioning the bill to ensure the OAG’s role will not duplicate that of the National Anti-Corruption Commission (NACC).

The CDC has also come up with a proposal that the OAG’s audit reports should serve as a basis for the NACC to carry out further in-depth probes, and that the two agencies will be required to coordinate and share information, Mr Meechai said.

Auditor-General Pisit Leelavachiropas told the seminar the OAG is responsible for ensuring state funds are used lawfully. Budget spending must also be efficient, achieving its goals, he added.

Under the bill on the state auditor, the OAG would also be given an added role in demanding compensation for damages incurred if agencies responsible for doing so fail to take action, Mr Pisit said.

Another new role for the OAG under the bill is that when the OAG detects misuse of state budgets that may cause damage, such as misspending of state funds on so-called populist policies, the OAG will work with other agencies such as the NACC to investigate the matter and pursue legal action against wrongdoers, Mr Pisit said.

Meanwhile, CDC spokesman Norachit Sinhaseni denied reports that the Supreme Court had opposed the constitution’s organic bill on criminal procedures involving political-office holders.

Mr Norachit explained that the court had only expressed concern about some provisions under the bill which is being drawn up by the CDC.

Judges from the Supreme Court’s Criminal Division for Holders of Political Office had been asked to give their their opinions on the bill.

An issue of concern involves the CDC’s proposal to allow the judges to hear cases in the absence of defendants.

The judges had become concerned that this practice might not be in line with international judicial standards, Mr Norachit said.

The CDC spokesman said that the CDC’s proposal is meant to deal with wealthy and powerful political office-holders who defy the authority of the courts by fleeing abroad and waiting until the statutes of limitations on their cases expire.