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November 2014 : Constituent Committee and sub-committee appointed

  • Constituent Committee appointed 11 sub- committees
  • NLA endorsed 18 extraordinary committee members
  • First public hearing conducted by NLA
  • Dusit Poll revealed NCPO popularity declines
  • Supreme Administrative Court affirmed Klong Dan compensation
  • AG dropped Longan pledging case
  • A hostel law to separate male-female dorm
  • Tax law revised on freelance payers
  • Disable monthly allowance increased to Baht 800
  • All state agencies to provide service handbooks
  • Cabinet approved public assembly draft bill
  • State officials living allowance increased
  • Flood petition against state agencies dismissed
  • Cabinet approved inheritance tax law
  • Animal protection law enacted
  • NLA to decide on the senators’ constitution amendment case

    Constituent Committee appointed 11 sub- committees

    On 13th November, the Constituent Committee appointed 11 sub-committees to assist the constitution drafting. Each sub-committee comprises of a maximum of 15 members, 5 and 1 to come from the National Reform Council and the National Legislative Council members respectively. However, a total of 21 members are allowed as an exception on necessity reason. The 11 sub-committees were assigned to study each one of these following topics:
    1. Monarchy and citizenship under the democratic regime.
    2. Citizen rights, freedom, political participation and mechanism for overseeing and controlling the exercise of state powers.
    3. Political leadership, institutions, representatives, public policy, parliament and cabinet.
    4. State finance and budget.
    5. Relationship between state officials and politicians with the people.
    6. Decentralization and local administration.
    7. Judiciary.
    8. Independent and other constitutional agencies.
    9. Reformation, equality and justice.
    10. Reconciliation.
    11. Legal amendment.

    The Constituent Committee would begin its hearing soon starting from the political parties and groups. Meanwhile, the new constitution could be draw up not later than 20 December 2014. After all hearings finished, the draft constitution must be completed within 120 days. It was anticipated that these processes would end by 28 April 2015 and ready to be submitted for royal approval and endorsement by 4 September 2015.

    NLA endorsed 18 extraordinary committees

    On 11th November, the National Legislative Assembly (NLA) acknowledged the appointment of 36 members of the Constituent Committee comprises of one president nominated by the National Council for Peace and Order, 20 nominated by the National Reform Council, and 15, nominated by the National Legislative Assembly, the Council of minister and the National Council for Peace and Order, 5 per each agency.

    The NLA also resolved to endorse the appointment of all 18 extraordinary committees to oversee the national reform. The members later elected their presidents and they are;
    1. The Political Reform Committee, chair by Mr. Sombat Thamrongthanyawong.
    2. The Sport Reform Committee, chair by Gen. Yuthasak Sasiprapa.
    3. The Values, Arts, Culture, Ethics and Religious Reform Committee, chair by Mr. Naowarat Pongpaiboon.
    4. The Labor Reform Committee, chair by Lt. Geb. Dej Boonyaban.
    5. The Science and Technology, Research, Innovation and Intellectual Property Reform Committee, chair by Mr.Sakarin Phumirat.
    6. The Labor Reform Committee, chair by Lt. Gen. Dej Boonyapal.
    7. The Consumer Protection Reform Committee, chair by Ms. Saree Ongsomwang.
    8. The Education and Human Resource Development Committee, chair by Mr. Paron Issarasena.
    9. The Anti-Corruption Reform Committee, chair by Mr.Pramon Sutheewong.
    10. The Local Adminstration Reform Committee, chair by Mr.Pongpayom Wasaputi.
    11. The Economic and Finance and Monetary Reform Committee, chair by Mr.Somchai Reuchupan.
    12. The Energy Reform Committee, chair by Mr.Thongchat Hongradarom.
    13. The Agriculture, Industry, Commerce, Tourism and Services Reform Committee, chair by Mr. Kirkkrai Jeerapate.
    14. The Public health Reform Committee, chair by Mrs. Pornpan Bunyaratanapan.
    15. The Natural Resource and Environmental Committee, chair by Mr. Pramote Maiklat.
    16. The Communication and Information Technology Reform Committee, chair by Mr. Jumpol Rodkamdee.
    17. The Small Community, Children, Juvenile, Women, Elderlies, Disables and Under-privileges Reform Committee, chair by Mr. Umpol Chindawattana.
    18. The Legal and Justice Reform Committee, chair by Mr. Seri Suwanpanon.


    First public hearing conducted by NLA

    On 22nd November, the first public hearing was held at the parliament by a cooperation of the National Legislation Assembly and the Konrad-Adenauer Stifftung. The event was presided over by the Vice President of the NLA Mr. Surachai Leongboonlertchai and KAS representative to Thailand Mr. Michael Winzer. Participants were representatives from democratic society leaders, members of the Senate, and mass media from the provinces.

    Objectives were to promote political participation to the public, informing on roles and responsibilities of the NLA and NRA and obtain comments and recommendations. The NLA performed this duty due to the Constitution stated they are to function as the House of Representative, the Senate and the National Assembly.

    NCPO popularity declined

    On 24th November, Rajabhat Suan Dusit University revealed its poll that NCPO popularity in the 6th month of power was dropped to 8.49 against 8.52 and 8.82 in the 5th and 1st month respectively. Causes of popularity decline might were from criticism and turbulence from anti groups. However, the NCPO contentment was still on its social reorganization; reorder and tidying of the public area.
    The study was conducted on 1,689 samplings between 20 -23 November 2014.

    Baht 9,000 billion Klong Dan compensation affirmed

    On 21st November, the Supreme Administrative Court affirmed the First Court’s verdict that the Pollution Control Department (PCD) must pay compensation, of total more than Baht 9,000 million, to the construction company Vichitpan Construction Co, Ltd. and its joint venture. This payment included a 7.5% interest fee, started from 28th February 2003, of Baht 801,229,599. The court’s fee would be returned along with the payment within 90 days after the ruling. The Court also dismissed the case in which the PCD has appealed with the Central Administrative Court.

    The arbitrators had resolved the Pollution Control Department should pay the compensation on the cancellation of the construction of waste water treatment project in Klong Dan District Samutprakarn Province. The PCD then asked the Court to revoke the order.

    AG dropped the Longan pledge case

    On 26th November, the Attorney General held an undisclosed meeting and resolved with 0 t 9 votes that there was not enough evidence to file a complaint in regards to the Logan pledging program conducted in 2003/04. The case would be returned to the National Anti-Corruption Commission (NACC) who also has authority to file lawsuit directly to the court.
    In 2003 and 2003, the then government had spent, and lost, a total of Baht 4.7 billion in the Longan pledging program. The NACC had investigated and found the contract was commissioned to a company, Por Haeng Intertrade, of no experience. NACC resolved to accuse 11 responsible officials, in the Agriculture Ministry, of malfeasance and offended the criminal law. The investigation report was sent to the Attorney General Office and the outcome is not to file a lawsuit.

    A hostel law to separate male-female dorm

    On 25th November, the cabinet resolved to approve a Hostel draft bill to oversee and regulate hostel business. Principles are to set up a committee to supervise hostel business. Regardless to the bill allows male and female occupancy in the same premise, separate dorms must be provided for different gender. Female dorms are to have attendants of similar sex to prevent societal disorder such as cohabitation among teenagers, violence, selling of alcohol in the dorm etc. However, the bill must be approved by the Council of State and enacted by the National Legislation Assembly.

    Law amend to prevent tax avoidance among freelance

    On 27th November, the National Legislation Assembly (NLA) voted on the third reading with 178 to 4 to amend the tax law of none corporate taxpayers. Principles are to prevent tax avoidance among freelance payers who used to set up several groups of people to dispense their income. The law would be effective on the first of January of the year after it was published in the royal gazette.

    Disable monthly allowance increased

    On 25 November, the cabinet resolved on principle to increase allowance for the disables from Baht 500 to 800 monthly. This would be effective since the 2015 fiscal year. Implementation agencies are the Budget Bureau, the Interior Ministry, Bangkok Metropolitan Authority and Pattaya City.

    State agencies to prepare service handbooks

    On 20th November, the National Legislation Assembly (NLA) approved a regulation to improve licensing services provided by all state agencies. Handbooks comprise of their code-of-conducts and timeframe must be prepared within 180 days. It is anticipated that the handbooks could prevent negligence, malfeasance and carelessness among state officials. These offense that lead to private loss could be liable to criminal law charge. The handbooks would also guarantee equal accessibility to state services and lessen repetition, irresponsibility and delay in applying for licenses.

    Cabinet approved public assembly draft bill

    On 18th November, the cabinet approved the principles of the Public Assembly draft bill with objectives are to protect the citizen’s right and responsibility in public gathering. Assembling manager is obliged to inform the date, time and gathering venue to chief police officer in the area at least 24 hours before the assembly starts. The bill prohibits gathering in certain public area; the government house and state buildings, air, rail and public transport terminals etc.

    Currently there is no particular law to handing public gathering, therefore, other laws such as traffic regulations and public area ordinance were applied to handle public gathering. The enforcement would be the first time ever to safeguard and promote citizen and political right to peacefully assembly accordingly to principle of the democratic society.

    State officials allowance increased

    On 18th November, the cabinet resolved a principle to increase state official allowance on condition that the increase is not a salary. Official of monthly income less than Baht 10,000 would be adjusted to 10,000 and those less than 13,000 would be raised to Baht 13,000, too.

    Administrative Court dismissed a flood complaint

    On 12th November, the Supreme Administrative Court dismissed a complaint filed by Mr. Chairat Panyawattananukul against former Prime minister Yingluck Shinawatra and the ad hoc Flood Relief Center, the Electricity Generating Authority of Thailand, Agriculture and Cooperative Ministry and its ministry, the Irrigation Department, Interior Ministry, Department of Public Disaster Prevention, Nakornpathon governor, BMA governor and Finance Ministry. The complaint accused these agents and agencies of negligence in helping and sluggishly remediating, in accords to the disaster prevention plan, when the 2011 flood occurred caused him a lost as he failed to mobilize his belongings. He demanded a compensation of Baht 433,000 and 7.5% interest annually but his petition was dismissed by the Administrative Court.

    Cabinet approved inheritance law

    On 18th November, the cabinet resolved to approve the Inheritance draft bill which has principles to apply a 10% tax duty on people inherited more than Baht 50 million. Religious and public institutions are excluded from inheritance tax.

    The cabinet also endorsed a revenue code on living inheritance. Asset of more than Baht 10 million is liable to 5% tax. Tax payer can apply for an instalment payment within 2 to 3 years period.

    Animal protection law enacted

    On 12th November, the national Legislative Assembly voted on the third round to pass the Animal Protection Bill with 188 to 1 and 4 abstained. The bill has principles to protect animals against torturing and requiring the keepers to provide suitable and hygienic shelters for certain species. The law has long been advocated by the animal-lover groups and the enforcement can eliminate Thailand from trade sanction by some countries.

    NLA to decide on the senators’ constitution amendment case

    On 13th November, the National Anti-Corruption Commission (NACC) resolved to forward an investigation report on the removal of 39 former senators from positions to the National Legislative Assembly (NLA). The 39 senators were accused of violated the Constitution when they amended the Constitution on the composition of Senate. Among them was former Senate president Nikom Wairatpanich who had been separately investigated, resolved and forwarded to the NLA for consideration.
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