Ombudsmen bill wins nod from court

The Constitutional Court yesterday unanimously ruled that an organic bill on ombudsmen that allows current members to keep their jobs does not contravene the new charter.

Ombudsmen are state officials appointed to keep tabs on government activity.

The court ruling will open the way for the National Legislative Assembly (NLA) to have the final say on resetting independent agencies under the new constitution, according to Constitution Drafting Committee (CDC) chairman Meechai Ruchupan.

Mr Meechai yesterday insisted the CDC will continue to lay down qualification requirements for members of other independent agencies as stipulated by the new charter.

But he said the CDC will have no problem if the NLA later revises those qualifications to allow incumbent agency members to keep their jobs, given the Constitutional Court’s ruling on the bill on ombudsmen which serves as a precedent.

The CDC has introduced the “set-zero” principle, which will result in fresh selections of members of several independent agencies to ensure they are qualified under the new charter.

However, some NLA members argued the set-zero approach should not apply to every independent agency. It should be applied only when necessary to avoid possible repercussions on the work of those agencies in the future, they argue.

The NLA unanimously passed the bill on ombudsmen, by 143-0 with seven abstentions on July 28.

Before the organic bill was passed, lawmakers debated whether the ombudsmen should leave their posts and be replaced by individuals whose qualifications fit those stipulated in the new charter.

The NLA finally agreed it would be unfair for the incumbent ombudsmen to leave their posts after having only served two years of their six-year term.

Gen Viddhavat Rajatanun and Boon Tapanadul are currently ombudsmen.

However, a group of 36 NLA members petitioned the court for a ruling out of concern that allowing the two current members to carry on in the job may violate the charter, reducing the powers of the ombudsmen while requiring the next occupants of the office to have higher qualifications.

Under the new charter, ombudsmen will retain the core duty of investigating complaints when civil servants, government agencies, state enterprises or local governments are accused of violating the law or exceeding their authority.