NLA backs 90-day delay in poll law
Feb election now looks likely, says Wissanu
The general election is likely to be held by February next year at the latest as the organic bill on the election of MPs which cleared the National Legislative Assembly yesterday extends the deadline for holding the poll by another 90 days.
NLA members voted 196 to 12 to pass the draft organic bill with 14 abstentions. The NLA met the entire day yesterday to debate the second and third readings of the controversial organic bill. At the meeting some NLA members even proposed a delay in the law’s enforcement for five years.
The 90-day extension was proposed by an NLA panel which vetted the bill. The majority of the NLA panel last Friday voted for it to take effect only 90 days after it was passed and published in the Royal Gazette, instead of immediately.
According to the constitution, an election must be held within 150 days of the four election-related laws being promulgated. It was tentatively scheduled by Gen Prayut for this November.
Deputy Prime Minister Wissanu Kreangam yesterday insisted the government had nothing to do with the proposal to suspend the bill’s enforcement, despite claims by critics it is designed to help the government prolong its stay in power.
He also denied rumours the planned election might be even postponed for another one or two years. This would be possible only if the constitution was rewritten to accommodate such a long delay, he said.
While he said he could not guarantee a precise election date, Mr Wissanu did not rule out the possibility that the general election would be pushed back for another one or two months from the tentative November schedule.
Mr Wissanu said that when the NLA finishes deliberation of the organic bill on MP elections, a joint committee comprising the Election Commission (EC), the Constitution Drafting Committee and the NLA will fine-tune the bill before submission for royal endorsement in March.
A 90-day period is needed for royal endorsement. If the bill is royally endorsed and becomes law in June, the National Council for Peace and Order will invite parties, the Election Commission and various agencies to discuss the election date.
If the NLA endorses the proposal for the 90-day suspension of the bill, this means the bill will be enacted in September and the election will be held within 150 days of the bill being promulgated or in February next year, Mr Wissanu said. He added the poll may take place sooner, but it could not be held later than this.
Witthaya Phiewpong, chairman of the NLA panel vetting the bill, explained the need to suspend the bill’s enforcement. He said that the 90-day suspension will give the public and parties time to study the bill to avoid breaking the law.
Furthermore, the suspension will help more than 1.5 million officials who must hold elections nationwide to get a better grasp of new election rules and proceed with their work properly, Mr Witthaya said.
Pol Lt Col Phongchai Warachit, an NLA member, suggested enforcement of the bill be suspended for five years to be consistent with the government’s 20-year national strategy which will set out action plans for long-term national development as stipulated by the new constitution.
But critics have previously warned the national development plan over the next 20 years will impose a straitjacket on future governments, crippling their ability to freely make decisions to respond and adapt to changing circumstances.
Taweesak Suthakavatin, who sits on the NLA panel scrutinising the bill, also said the 90-day suspension proposal may not be enough and called for the bill’s enforcement to be suspended for 120 days.
He explained the NCPO order issued recently to amend the organic law on political parties raised concerns about the pressing deadlines introduced as a result of the order having been invoked. He said a 120-day delay in the bill’s enforcement would help parties prepare for the polls, especially primary-voting procedures and reviewing their members’ status.
The contentious issues stemming from the amendment of the organic law are related to members of parties being required to produce letters to confirm their membership and pay party fees within 30 days of April 1 or lose their status. The order also gives new parties a month’s head start. Existing parties will not be able to begin their member registration process until April 1, while new parties can start on March 1.
Somchai Sawaengkarn, an NLA member, echoed the view the 90-day suspension is not enough. He also proposed a 180-day suspension. He said parties had opposed the delay in the bill because they actually resist the primary voting method under which they will select their candidates.
Similar to many of the tactics deployed by the regime, the controversial proposal by a National Legislative Assembly (NLA) subcommittee to delay enforcement of an organic bill on MP elections is merely a legislative trick to postpone the general election from November until next year. The NLA in its third reading yesterday approved the bill, including the controversial section. Before that, key NLA members strongly backed the proposal when the bill was deliberated yesterday.
To those excluded from the inner circle of lawmaking, the NLA’s approval seems to be a legislative move with a hidden agenda.
Claiming security threats and political divisions, the National Council for Peace and Order (NCPO) has repeatedly refused to lift the years-long ban on political activities it imposed in 2014.
Prime Minister Prayut Chan-o-cha, who leads the NCPO, had already pushed back his election roadmap four times and refused to commit to a specific date for the poll before he changed tack last October and vowed it would be held this November.
The NLA’s decision to approve the proposal last night will likely see the election postponed by another three months. In providing their explanation about the need to delay enforcement of the law yesterday, key NLA members threw their support behind the move, saying more time is needed to allow political parties, election officials and voters to get used to the new law.
The first draft of the bill written by the Constitution Drafting Committee (CDC) already provided a 150-day window for preparations for the general election following the promulgation of the law. A period of five months was viewed by the CDC as sufficient for all parties to get ready for the poll.
But the NLA subcommittee decided to add one more condition to the bill to suspend its enforcement by 90 days. With this approved, Thailand will now have a period of 240 days (eight months) to prepare for the general election.
Vittaya Phiewpong, chairman of the NLA sub-committee vetting the bill, said the postponement of the enforcement of the law is to ensure that “affected parties” and voters have time to become familiar with the new law so they don’t violate it.
Meanwhile, election officials will have more time to prepare for the election and get acquainted with new electoral systems defined by the new law so that they can avoid making mistakes, he said.
Other members suggested a longer delay of 120 or 180 days.
Their justification makes little sense, however.
It is true that voters need some time to orient themselves toward a new law. But the period of 150 days suggested by the CDC is sufficient for everyone to be prepared.
If the NLA is worried about the time span being too short it should have better engaged and consulted with the public in its lawmaking process to ensure no parties would be surprised or confused by the new systems and arrangements.
It would also benefit from a better public relations team to educate the public about the new law and officials about the new poll systems.
While the government said it had nothing to do with the proposal, the NLA’s approval corresponds well with the regime’s reluctance to hold general elections and its desire to prolong its power for as long as it can.
With this legislation that will delay the poll by three months, the NLA, which has been seen as a rubber stamp version of the NCPO, has done a disservice to the Thai people who dreamed of returning to democratic rule this year.
The NLA has done a disservice to the Thai people.