Democrats mull legal challenge to strategy bill

Democrats mull legal challenge to strategy bill

Democrat member Wirat Kalayasiri says the party is considering petitioning the Constitutional Court over the controversial act to draft a national strategy. (Bangkok Post file photo)
Democrat member Wirat Kalayasiri says the party is considering petitioning the Constitutional Court over the controversial act to draft a national strategy. (Bangkok Post file photo)

The Democrat Party is considering petitioning the Constitutional Court over the controversial act to draft a national strategy it suspects may bypass public opinion and raise doubts about its legitimacy due to the law's tough penalty for governments failing to work in line with the 20-year strategy.

The new law, which was passed by the National Legislative Assembly (NLA) last Thursday, may be "troublesome and currently on an uneasy path" as the party suspects it may violate the 2017 charter's Section 77, Democrat key member Wirat Kalayasiri, who leads the party's legal team, said yesterday.

Section 77 stipulates that bills must go through public consultation before enactment, but this new law is causing fresh concern that it may be unconstitutional, he said.

The former Democrat MP for Songkhla did not elaborate on what he believes is a loophole in its law-making process but said his party is looking into the issue which will "certainly end in the Constitutional Court" or other channels that allow for a move to make things right.

Earlier Democrat leader Abhisit Vejjajiva also expressed worries that people may be given little say in designing the country's long-term strategy, which will take shape in about half a year under the supervision of the national strategy committee, set up under the new act and chaired by Prime Minister Prayut Chan-o-cha.

The Pheu Thai Party is also keeping a close eye on the new act. Noppadon Patama, a Pheu Thai legal adviser, said he could not say whether or not a public hearing was adequately held before the NLA passes the law. He demanded the government clarify the matter.

However, in terms of a commitment to the national strategy and harsh penalties for governments who do not follow it, Mr Noppadon shares the same stance as Mr Wirat.

Their worries intensified after Deputy Prime Minister Wissanu Krea-ngam warned on Friday members of future governments may face "imprisonment or impeachment" if they are in conflict with the national strategy.

The national strategy committee will assume a monitoring role for five years. In case of violations, the matter will be forwarded to the National Anti-Corruption Commission and the Constitutional Court who will decide the fate of violators.

This can make governments and state agencies "turn uneasy and do nothing for fear of [unpleasant] legal outcomes," Mr Noppadon said.

Do you like the content of this article?
COMMENT (3)