A small group in the new legislature is taking a large risk by refusing to report assets and liabilities as ordered. In a stunning development, just over 10% of the National Legislative Assembly have simply defied the directive from the National Anti-Corruption Commission - the group last week filed a secretive petition in the Administrative Court in an attempt to circumvent the NACC's authority. The group's decision to keep this action from the public multiplies the lack of transparency to an unprecedented level.
The Administrative Court, ironically, alerted the public to the NLA members' move in a notice to the media. It said it will decide tomorrow whether to accept the petition. This was the first word to emerge of the legislators' plan. Among the most surprised people who got the news were the members of the NACC. The official graft watchdog had already issued its order for all NLA members to report their assets and liabilities three weeks ago yesterday.
According to the Administrative Court, Gen Noppadon Inthapanya is the leader of the 28-strong group protesting against the order to report their assets. Gen Noppadon has been a secretary to the defence minister for several years, and is an adviser to the National Council for Peace and Order. The other 27 NLA members who signed the lawsuit petition have not yet been identified. By the details of the lawsuit, however, they appear to be a military faction.
The public has the right to know the financial status of those who tax citizens and impose new laws. The nation also has a vital interest in knowing who refuses to make such an assets report. There is no question that almost everyone supports the NACC's order for NLA members to report their situation. Protesting against such a requirement, even to the point of taking the issue to court, is certain to be viewed by much of the nation with suspicion. The group is already three weeks past the Sept 7 deadline to report.
The stand by Gen Noppadon's group is not a position that Prime Minister Prayut Chan-o-cha and other top leaders will appreciate. Like all public servants in senior positions, the retiring army commander is already undergoing an official examination of his financial status, including assets and liabilities. When he vetted and then appointed the 200 members of the NLA (since raised to 220), he personally vouched for each one. Now he faces a crisis, where Thais will certainly feel unable to extend their full confidence to the 28. Equally in the public mind, it will raise questions about the entire NLA.
Strange as it may seem, this presents an opportunity for Gen Prayut. He must face this problem head-on, precisely as military men are trained to do. Because of his role at the head of all the important decision-making processes, he has options. But whichever one he takes, it should be in the interest of the nation. Because of their underhanded way of opposing the National Anti-Corruption Commission, the 28 NLA members do not deserve to have their interests considered.
Among the options he has is to make public the close examination of his own assets. The prime minister has already ordered his cabinet members, including himself, to report their assets to the NACC this week. Those ministers also can show they oppose the stand taken by Gen Noppadon and his 27 NLA allies who oppose this procedure.