Indie agencies ‘still open’ to meddling under charter

Independent agencies established under the new constitution still have loopholes leaving them vulnerable to political interference which could lead to renewed political conflict, a seminar was told yesterday.

Banjerd Singkaneti, a law scholar at the National Institute of Development Administration, said political crisis was often linked to the roles of independent organisations because their tasks involved scrutinising politicians. He was speaking at a seminar organised by the Thai Journalists Association.

He cited the “set-zero” principle under the constitution which have resulted in fresh selections of some or all members of several independent agencies to ensure they meet the qualifications under the new charter. While several independent bodies have had their members removed and replaced under the “reset” measure, based on organic laws which are linked to them, this does not apply to others, such as the National Anti-Corruption (NACC) and the Constitutional Court.

Mr Banjerd said politicians could capitalise on such practice, perceived by some to be discriminatory, by using it to criticise the impartiality of independent agencies which were spared the reset. “The NACC and the court are cases in point. If they handle cases against politicians, they will likely be seen to be allies with the National Council for Peace and Order,’’ Mr Banjerd said.

He also referred to a provision under the charter which allows one-fifth of both members of both Houses or at least 20,000 people to submit a petition against any NACC member suspected of being unusually wealthy or corruption to the charter court via the parliament president. He asked whether the NACC members will be able to carry out their jobs independently if they are not on the same side as those politicians. The politicians might try to get back at the NACC which investigates them by filing the petition with the charter court.

He also raised concern about the role of a selection panel which must choose members of independent bodies. The panel comprises the Supreme Court president, the Supreme Administrative Court president, the House Speaker, the opposition leader and independent bodies.

Mr Banjerd said there was no way to know who the independent bodies would choose and if they are qualified for the job.