October 2014 : Court Dismissed Water Management Case Supreme Administrative Court dismissed water management case Political officials bar from private sector consultancy 20 constitutional drafting members selected Skill labor development law approved by NLA Rubber plantation alleviation measures approved Measures to help second crop rice farmers Thailand reclaimed rice exporter champion Administration Court dismissed water case against Yingluck On 31st October, the Supreme Administrative Court overruled the Central Administrative Court’s verdict on the water management case, saying the accused was not guilty as charged since the plan has yet to be implemented or took effect. The Court said many projects were only conceptual ideas without any explicit plan and the complaint could file a petition by project once it was implemented and turned out government agencies have not acted constitutionally by holding the required public hearings. On the charge of malfeasance and violation of section 157 of the 1999 Anti-Corruption organic law, the Administrative Court decided it was not the Court’s authority and this case has not been trialed in the Court of first Instance, therefore, the case was dismissed. The case was brought to Court in July 2012 by the Stop Global Warming Association and 45 villagers' representatives accused Ms Yingluck and three water-related agencies - the Strategic Committee for Water Resources Management, the National Water and Flood Policy Committee and the Water and Flood Committee- of malfeasance for approving the Baht 350 billion water management master plan. The complainant said the plan did not comply with the steps outlined in the 2007 charter in effect at the time since no public hearing had been held. The Central Administrative Court in late June 2013 ordered the government to hold more public hearings for each module to cover all affected areas. However, the Stop Global Warming Association appealed with the Supreme Administrative Court, and the Court on 9th January 2014 ordered all parties to make a final statement on 31 October before the verdict read. The association claimed since no public hearings had been held, the borrowing had been made and standard procurement regulations were bypassed, the projects should all be scrapped. The agencies argued after they were ordered by the lower court, they prepared hearings and held exhibitions to give people basic knowledge of the projects. Once each project is to be held, they will hold the hearings and send the results to environmental authorities. If local people and the environment authorities do not agree with it, the project cannot proceed, they claimed. After hearing both sides, the Supreme Administrative Court overruled the Central Administrative Court, saying the accused was not guilty as charged since the plan had yet to be implemented or took effect. The court said the complainant could file a petition by project once it was implemented and it turned out government agencies had not acted constitutionally by holding the required public hearings. As for the charge public hearing results might not be credible because the responsible agencies asked contractors to hold them on their behalf, the court ruled this was not the case because the contractors acted under the supervision of the agencies, which could ask them to redo the jobs or fix any mistake before taking delivery of the service. To the charge the wholesale bidding method in which a bidder had to take responsibility for an entire system was illegitimate; the court said the decision on a bidding method rested entirely with the government. Whichever method it chooses will not render a project illegitimate, the court said. Political officials bar from private sector consultancy On 7th October, the cabinet approved the Secretariat of the Cabinet proposal on public policy to prevent and counter corruption and stimulate conflict of interest by prohibit political officials from these following positions: Consultancy to state enterprises, public organizations, and any other organization except officially state agencies. Contract partner, or having benefits, or having conflict with state agencies, state enterprises, public companies or any other state agencies. These would be effect within 15 days after the cabinet resolved. Constitution drafting members selected On 29th October, the National Reform Council voted to select the 20 constitution drafting members and they are: Mr Manit Sooksomchit of the media sector, 222 votes Mr Pracha Taerat representing Chon Buri, 209 votes Mrs Thawilwadi Bureekul of national administration sector, 206 votes Ms Somsook Boonyabancha of the social sector, 202 votes Mr Cherdchai Wongseri representing Phuket, 198 votes Lt-Gen Nakorn Sookprasert representing of -et, 197 votes Genera Lertrat Rattanavanich of energy sector, 195 votes Mr Chumpol Sookmun representing Chiang Rai, 192 votes Mr Wutthisarn Tanchai of local administration sector, 188 votes Mr Kamnoon Sitthisam of law and justice sector, 182 votes Mr Anek Laothammathat of political sector, 177 votes Mrs Thichana Nakhon of educational sector, 171 votes Mrs Nareewan Chintakanont of economic sector, 163 votes Mr Charas Suwanmala of local administration sector, 142 votes Mr Paibul Nititawan of political sector, 125 votes Ms Supatra Nakhapiew of health and environmental sector, 125 votes Dr. Bantoon Setsiroj of health and environmental sector, 122 votes Mr Chuchai Supawong of political sector, 118 votes Lt-Gen Navin Damreekarn of general sector, 118 votes Mr Meechai Viravaidya of educational sector, 117 votes. NLA passed Skill Development Promotion Law On 30th October, the National Legislative Assembly voted to pass the Skill Development Promotion draft bill with 189 to 1. The principle is to certify competency of some professional employees whose work relates or can cause public harm. They are required to have a certification document issued by the competency assessment centers. Each service fees, approved by the employers, would be recorded as their skills and receive tax benefit proportionately to the annual income. A 17-members amendment committee was set up to review the draft bill over the next seven days before the second and third readings are conducted. Measures to help rubber growers On 21st October, the cabinet approved the Natural Rubber Policy Committee’s measures to help the rubber growers by; Balancing the demand and supply of rubber stocks. Application of new loan of maximum Baht 100,000 from the Bank of Agriculture and Agricultural Cooperatives (BAAC). Reduction of interest rate, from 5 to 3 percent, of current loans with the BAAC. ( The 2 percent would be responsible by the state) Prime Minister Prayuth reiterated that these alleviation measures must be efficiency and directly benefit the rubber growers. Measures to help second crop rice farmers On 14th October, the cabinet acknowledged the report on water shortage in the Chao Phraya and Mae Klong river basins and approved the measure to help second crop rice farmers in 26 provinces. Dry season seed stock such as beans and peas would be provided to replace the second rice crop as well as temporary jobs such as digging out canals, fishing and livestock raising would be created as supplant to lost income. However, agriculturers can apply for one assistance only starting from 1st November 2014 until 30th April 2015. Thailand reclaimed rice exporter champion Mr. Chookiat Ophaswongse, honorary president of the Thai Rice Exporters Association disclosed that Thailand has reclaimed the world champion of rice exporters as the country is now officially overtook India and Vietnam. Thai rice export in nine months, January to September 2014, is equivalent to 8.38 million tons which is 70.1 percent more than the same period last year. The second and third most exporters are India, 7.2 million tons and Vietnam, 5.3 million tons. In 2014 Thailand expects to export 10.5 to 11 million tons while India and Vietnam, 9 and 6.2-6.3 million tons respectively. The declining of Thai rice prices was a reason of Thailand gaining market share previously taken by Vietnam.