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August 2002 : Tambon Bill Voted Down

The House voted to reject a draft bill on tambon administration providing for direct election of chairman of TAO and approved two draft bills related to education reform. The NCCC agreed unanimously that Deputy Industry Minister Pichet Sathirachawal intended to hide a debt of 48 million baht. The Supreme Court agreed with the EC that Mr. Sakchai and Mrs Udon Jintavej, two MP candidates for Ubon Ratchathani are disqualified. The EC selection panel is ready to submit two candidates to the Senate to finalize and endorsed Thawil Praison as new Nakhorn Sri Thammarat senator. The Senate voted Sahat Pintuseni, senator from Sa Kae as second deputy and passed the National Health Insurance Bill.

Tambon bill voted down
The House voted 295:109 with 5 abstension on August 28 to reject the Tambon Council and TAO bill drafted by a joint House-Senate committee on ground of financial reason. The principle of the bill is to provide direct election of tambon administration chairman. The reason of rejecting direct election in local authority is that it would cost more than a billion baht for total 7,000 TAOs which no one knows how many re-elections needed before a chairman is endorsed. Furthermore, TAO elected chairman has power to appoint two outsiders as deputy in which their functions would over lap with the kamnan or head of the tambon. Regards to opposition of the amended draft the original bill should be picked and submit within 180 days for enactment.
After the bill was turn down, Tambon Administration Organization leader submitted a letter to prime minister Thaksin Shinawatra asking the government to reconsider the rejected bill. He said the bill support decentralization policy and promote strength and self-sufficiency in local level. If the prime minister could not give reasonable reason within this Sept. 4 TAO representatives from around the country would rally to the government house.

Education reform related bills
The House unanimously voted on August 14-15 August to accept 3 draft bills on 1] Ministry of Education Administration, 2] Ministry of Education Personals Regulations, and 3] Teachers Council and Education Personals submitted by the cabinet.
The 3 endorsed bills are part of the 23 education related bills which accommodate the implementation of education reform, including restructuring of education agencies, promotion of education standard and teachers development, a new curriculum, a new teachers governing body, licensing of teachers and new education zones.
There were four submitted drafts from 1] the cabinet, 2] Democrat party , 3] Chart Pattana Party and 4] Chart Thai Party but the cabinet draft was chosen. A special panel of 35 members will be appointed to scrutinize the bills before deliberation within 15 days.

Pichet's asset declaration
The nine members of the National Counter Corruption Commission agreed unanimously on August 29 that Deputy Industry Minister Pichet Sathirachawal intended to conceal a debt of 48 million baht in his asset declaration submitted to the agency.
Mr. Pichet with other people has countered the seizure of four land plots as payment to 48 MB debt to Credit Agricole Indosuez bank in the Civil Court. On May 7,1996 the Supreme Court ordered the Legal Execution Department to seize the land. Since May 7, 1996 Mr. Pichet had declared his assets and liabilities nine times but never once disclosed his 48 MB debt liability. Mr. Pichet told the Graft commission that he could not declare that debt because he was fighting against the land seizure in court which has yet to give its ruling. The graft commissioner considered Mr. Pichet's statement an admission that he intended to hide that debt.
After the NCCC ruled, the case would be forward to the constitutional court to decide whether Mr. Pichet had breached article 295 of the constitution. If so he would be prohibit from holding any political office for five years similar to Maj. Gen. Sanan Kajornprasart's case previously ruled.

Ubon Ratchathani by-election
The Supreme court agreed with the Election Commission to disqualify two candidates from Chart Thai party, Mr. Sakchai and Mrs. Udorn Jintavej of breaching article 108 of the constitution due to only one runner-up could be nominated from a party therefore both husband and wife are barred from running in Ubon Ratchathani constituency 10 for an up-coming Sept 8 by-election.
The EC announced a by-election to replace Mr. Wittaya Nantupa of Rasadorn party who was given yellow card on ground of election fraud and Mr. Sakchai who was given red card on August 9, 2001 applied to run since his one year suspension terminated on August 8, 2002. During the one-year ban Mr. Sakchai automatically lost his political membership but under article 107 of the constitution , a candidate must be member of the political party he represents for at least 90 days. Mr. Sakchai applied stand as a candidate for Chart Thai but the provincial election panel thought his renewed Chart Thai membership might not meet the 90-day party requirement. Chart Thai party therefore withdraw Mr. Sakchai and re-submitted his wife, Mrs. Udorn but Sakchai is caught in a law that prohibit a candidate from withdrawing even when disqualified. With both runner-ups from Chart Thai the Jintavejs were violating article 108 and were both disqualified from the contest.
The Jintavej file lawsuit against EC to the Supreme Court but the court rejected the case so both were barred from the by-election.

Regards to the Election Act article 85/1 paragraph 4 cited that the EC should file suit of the fraud candidate to the criminal court. Mr. Sakchai's case therefore is on proceeding and he is also disqualified in according to the Election Act.

New Election Commissioner named
The selection panel voted Gen. Jarupat Ruangsuwan, a former army specialist, as a candidate for the Election Commission to be contest with senior judge Chuchart Srisaeng picked up by the Supreme Court assembly of 81 judges. The two would be finalized by the Senate to replace Gen. Sirin Thoopklam, former chairman of the Election Commission.
Gen Sirin resignation due to the Constitutional Court overruled that his contested in the selection panel sixth and seventh round breached article 138(1) of the constitution.

Nakorn Sri Thammarat senate election endorsed
The Election Commission unanimously endorsed former Democrat MP Thawil Praison for the senate in Nakorn Sri Thammarat. The seat was vacant because Mr. Thawee Kaewkong died on road accident. Mr. Thawin beated Mr. Surachai Danwattananusorn 158,159 to 124,265 on August 4 by-election.

New second deputy speaker
The Senate voted to choose Mr. Sahat Pintuseni a second deputy Senate speaker. He succeeded Boonthan Dokthaisong who resigned on August 3 . There were 6 nominators; 1] Somkiat Soralum, Nakhorn Sawan 2] Somporn Kamchuen, Prae. 3] Sompong Srakawee, Songkla 4] Seri Suwannapuma, Bangkok 5] Sak Korsaengrueng, Bangkok and 6] Sahat Pintuseni, Sa kaew.
Mr. Sahat defeated Mr. Sak on the second round with 103: 82. He is said to have close ties with with the prime minister's chief advisor Sanoh Thienthong.

National Health Insurance bill
The Senate voted 88:3 to accept the National Insurance Health bill read by the Senate scrutiny committee and the bill would be submit to the parliament for scrutiny. If the House reject the senate amendment, a joint House-Senate panel would be established but if not the bill would be enacted into law.
The bill objective is to implement health reform scheme to provide 60 million Thai equal access to health care services. Its principles are;
1.Establishment of two health panels; National Health Insurance Board and 2] Committee on Services Quality and Standard Control to allocate budget and control all medical services.
2.Decentralization and empowering administration authority from chief provincial medical staff to hospitals under the direct supervision of the Committee on Services Quality and Standard Control.
3.Enable the victims of medical malpractice or negligence to claim compensation from the state.
4.Administration merger of the Social Security Fund and the Civil Service Medical benefits Fund into the National Health Insurance Fund

The bill was originated from ideas and concepts from several public hearings all over the country. There were 6 drafts included the cabinet's draft submitted to the House. The other 3 belongs to Thai Rak Thai party members, 1 from Democrat party members and 1 from Chart Thai party members. The House accepted the cabinet's draft on November 22, 2001 and set up a special 35 members panel to read. The bill passed without amendment and submitted to the Senate. The Senate 34 members panel voted to drop articles 9, 10 and 11 which allow the administration merger of the three Funds concerning it was designed to support the government's 30-baht medical care scheme but the Senate voted to maintain the three articles.
The medical and legal professionals in roughly 50 provinces also demanding changes in article 45 on compensation to the malpractice and articles 9,10 and 11 on medical funds. They threatened to provide premium service to every patient regardless the cost and time this might take.
 


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