NLA passes anti-corruption bill

NLA passes anti-corruption bill

The National Legislative Assembly has passed the anti-corruption bill, which allows all nine existing anti-corruption commissioners to stay on for another nine years.

NLA members voted 197-1 in favour, with seven abstentions.

The contentious Section 37/1 allowing the National Anti-Corruption Commission (NACC) to wiretap for the benefits of its investigations were removed last week by the panel vetting the bill.

However, the much-criticised Section 178 remains in place.

While the new constitution prescribes clear qualifications and prohibitions for people serving as commissioners at independent organisations, critics have said the NLA has been inconsistent in applying them to existing members serving before the charter took effect. 

For instance, election and human rights commissioners were “set zero” -- existing members are out and new commissioners screened based on the new qualifications and prohibitions.

However, the existing NACC commissioners are allowed to serve another term through the bill.

The bill does so by adding an interim clause exempting the qualifications or prohibitions.

The controversial section passed with a 157-26 vote and 29 abstentions. Supporters claimed it would promote continuity of the NACC's operation.

But Pattara Kampitak, a minority member of the panel vetting the bill, wrote on Facebook on Sunday that if the bill was passed, it would mark the first time a law was written to exempt the prohibitions so that a number of people could continue to hold office even though some of their qualifications were unconstitutional.

One of the two commissioners whose qualifications do not meet the charter's provisions is NACC president Watcharapol Prasarnratchakij, he wrote.

Mr Pattara pointed out that as a former aide to Deputy Prime Minister Prawit Wongsuwon, Pol Gen Watcharapol was an ex-political official and would not have qualified to sit on the NACC had the bill not added the exemption.  

“This is the first time an organic law is written to override the prohibitions prescribed by the law above it -- the constitution,” he wrote.

He added while the qualifications had been exempted in some cases in the past, the prohibitions have never been overridden. 

Mr Pattara expressed concern the subjects of the NACC’s investigations could use this against the NACC in the future.

“It will cause potential troubles for the anti-graft body, which could ultimately trigger another political crisis,” he warned.

After the vote, the bill will be sent to the related parties -- the NACC and the constitution writers, who drafted it -- to consider whether the NLA version was in line with the intention of the bill.

If one of them has an objection, a tripartite panel will be set up to reconcile their differences. If they don't, the bill will be submitted for enactment. 

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