Court asked to rule on NACC waiver

Prime Minister Prayut Chan-o-cha has been urged to petition the Constitutional Court over a section in the anti-corruption bill that allows all nine National Anti-Corruption Commission (NACC) members to stay in office, due to claims it runs afoul of the charter.

The call was made by Srisuwan Janya, secretary-general of the Thai Constitution Protection Association, who turned up at the government’s public complaint centre yesterday to lodge the petition addressed to the premier.

He said Gen Prayut needs to ask the court to rule on whether Section 185 of the organic bill on anti-corruption contravenes the constitution. The bill is being deliberated by the National Legislative Assembly (NLA).

He said the section in question permits members of the NACC to stay on even if their qualifications fall short as stipulated in the charter.

The panel includes NACC president Watcharapol Prasarnratchakij, who once served as a deputy secretary-general to the prime minister.

The charter bans anti-graft commissioners from having served in a political position.

According to Mr Srisuwan, the bill would go against the rule of law if enacted.

He said if Gen Prayut does not seek a formal ruling he risks facing legal action for dereliction of duty.

The NLA, which voted in favour of the bill, could also face prosecution for helping sitting members of the NACC to benefit, Mr Srisuwan said.

NLA vice-president Surachai Liangboonlertchai said the assembly must send the bill to the prime minister to seek royal approval.

But the assembly can put the bill on hold so it can be amended, he said.

It is uncertain whether NLA members will petition the court.

Mr Surachai said at least 25 NLA members can do so.

The NLA vice-president said any constitutional queries should be cleared up before the bill is enacted.

The Pheu Thai Party’s Jaturon Chaisang said the organic bill cannot override the charter.