Charter bill deadlocked

Charter bill deadlocked

Somsak delays reading to avoid court stand-off

Parliament President Somsak Kiatsuranont has decided to delay the third reading of the charter amendment bill in a move to avoid a stand-off with the Constitution Court.

This time, [the Constitution Court judges] act as if they are gods or deities doing whatever they please, with which I disagree. CHALERM YUBAMRUNG

Mr Somsak said yesterday that Friday's joint House-Senate meeting will take place as planned, but lawmakers will not consider or vote on the bill in its third reading.

Mr Somsak said the meeting will only debate proposed frameworks for negotiations with foreign countries under Section 190 of the constitution.

He made the statement after consulting parliament's legal advisers yesterday. He said he would also call a special House meeting on June 13-14 but deliberations of the four reconciliation bills would be off the agenda.

Mr Somsak said he was now facing a dilemma.

He could risk breaching the court's order for parliament to delay voting on the charter amendment bill if he allowed the third reading of the bill to go ahead.

But if the bill fails to pass its third reading soon enough, this could violate Section 291 of the constitution that says the vote on the bill in the third reading must be taken within 15 days, Mr Somsak said.

Transport Minister and Pheu Thai secretary-general Jarupong Ruangsuwan yesterday read a party statement insisting parliament was not bound to follow the court order.

He said Pheu Thai had concluded the court had no legal authority to order parliament to halt voting on the bill and must not overreach its powers by accepting petitions against the bill.

Mr Jarupong cited Section 68 of the constitution that says petitions must be submitted to the attorney-general, who investigates and passes the petitions to the court. He said parliament is a legislative branch among the three separate branches of government and parliament is independent of the scrutiny of the judicial branch.

But former Senate speaker Meechai Ruchupan said parliament is required to obey the Constitution Court's order suspending the vote on the bill.

The opposition has no secrets, deception or camouflage, but the government may be trying to do all it can to push for what could turn into conflict. ABHISIT VEJJAJIVA

Mr Meechai cited the fifth paragraph of Section 216 of the charter that states the decision of the Constitution Court shall be deemed final and binding on parliament, cabinet ministers, courts and other state organisations.

Constitution Court spokesman Somrit Chaiwong said judges are preparing to explain the injunction halting the third reading.

Atchaporn Jaruchinda, secretary-general of the Council of State, the government's legal adviser, said the Senate and the House of Representatives must consider carefully how best to proceed.

However, he said the bill should not suffer any legal setbacks if it fails to pass its third reading within 15 days as the bill will only remain pending in parliament.

Mr Atchaporn said the situation was unprecedented.

Democrat MPs Pirapan Salirathavibhaga, Chuenchob Kong-udom and Sansern Samalapa yesterday submitted a letter asking the cabinet to issue a royal decree to close the parliamentary session as quickly as possible to ensure parliament does not consider any bills that could lead to conflict.

Deputy government spokesman Anusorn Iamsa-ard said after a cabinet meeting yesterday that Prime Minister Yingluck Shinawatra had told PM's Office Minister Woravat Ua-apinyakul to work with government chief whip Udomdej Rattanasathien to determine when the parliamentary session should be closed.

Ms Yingluck also asked Mr Woravat and Mr Udomdej to study whether the Constitution Court has the authority to accept the petitions against the bill for consideration and for a ruling.

But a Pheu Thai source said Mr Woravat, who is also a member of the government whip, and other government whips had concluded the government would try to keep the parliament session open until the new session begins in August.

Deputy Prime Minister Chalerm Yubamrung said yesterday that he disagreed with a system in which the court's actions could not be scrutinised.

''This time, [the Constitution Court judges] act as if they are gods or deities doing whatever they please, with which I disagree,'' Mr Chalerm said.

Democrat Party and opposition leader Abhisit Vejjajiva said the opposition had no ulterior motive and wanted to prevent any conflict.

''The opposition has no secrets, deception or camouflage, but the government may be trying to do all it can to push for what could turn into conflict,'' he said.

United Front for Democracy against Dictatorship chairwoman Tida Tawornseth said a crowd of 30,000 to 40,000 red shirt members would gather at parliament tomorrow.

The UDD's representatives will submit a petition, along with signatures from petitioners, to Senate Speaker Thiradej Meepian asking him to impeach seven of the Constitution Court judges who accepted petitions against the charter amendment bill, she said.

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