The National Legislative Assembly (NLA) committee vetting the organic law on MP election yesterday voted to delay the law coming into effect for 90 days which may result in the election being delayed until February 2019.
Panel spokesman Taweesak Suthakavatin said the majority of the panel voted for the law to be effective only 90 days after it is passed and published in the Royal Gazette, instead of immediately.
According to the constitution, an election must be held within 150 days of the required laws, including the MP election law, being promulgated. Meanwhile, Prime Minister Prayut Chan-o-cha has many times insisted that the election will be held in November this year.
Mr Taweesak said it is possible that the election will be postponed until early 2019. He insisted that this would not be by the order of the National Council for Peace and Order, led by Gen Prayut.
The second and third readings of the organic law on MP election are scheduled for Jan 25.
Panel member Sakul Suesongtham, who abstained, said that before three quarters of the panel members voted for the delay, concerns were raised that political parties will have too many procedures to undertake according to the organic law on political parties and the NCPO chief's Order No.53.
A minority of panel members, mostly the charter drafters, insisted that the organic law be effective immediately.
Jade Donavanik, a charter drafter, said a postponement had been on the cards ever since the NCPO chief's order delaying the recommencement of political activities from January to April was announced.
Both Mr Jade and election commissioner Somchai Srisutthiyakorn pointed out that the order actually said the NCPO, the cabinet, the NLA and political parties should discuss solutions in case of any problems. But there has been no such consultation.
Deputy Prime Minister Wissanu Krea-ngam declined to comment saying an election delay would be an NLA decision, not a government one.
Paradorn Prissananantakul, a former Chartthaipattana Party MP for Ang Thong, said although the enforcement of the laws can be legitimately delayed, such a move would directly affect the credibility of the premier.
Another ex-MP from the same party, Siripong Angkasakulkiat, said he wants to know exactly when the election will be held so the party can get ready.
Korawee Prissananantakul, also a former Chartthaipattana Party MP, said that if everything proceeds in line with the road map, politicians would be able to accept it.
He also called on the NLA's scrutiny panel and the government not to regard politicians as their opponents, saying they also need to pay heed to politicians when writing the laws that will govern them.
"If you write legislation that makes politicians feel like they are being abused or gives advantage or disadvantage to some political parties, this would risk sparking conflicts in the future," said Mr Korawee.
Polphum Wipatphumiprathet, a former Pheu Thai MP for Bangkok, said if the country was in a normal state of affairs, it would not be unusual to delay the enforcement of any laws in order to allow time for people to prepare for or adjust to the new legislation.
In this case, however, it is unusual as the law is highly anticipated by all parties, he said, adding that questions must be raised as to whether there is a hidden agenda behind the move.
If the NLA's scrutiny panel delays the organic law on MPs taking effect, it shows that the so-called five rivers of power (the NCPO, the cabinet, the NLA, the Constitution Drafting Committee, and the National Reform Steering Assembly) intend to postpone the poll, which would contradict the prime minister's road map, said Mr Polphum.
The move may be an attempt to assist emerging parties that will back Gen Prayut to return as premier by affording the PM more time to manoeuvre before the poll, he added.
Former Pheu Thai Party MP for Lop Buri Amnuay Klangpha said if the reports are true, questions must be raised about the credibility of Gen Prayut.
Such a move would lead to the prime minister losing face, he said. According to Mr Amnuay, people are expecting an election late this year as they believe that a democratically elected government will boost the economy, he noted.
Meanwhile, Seri Suwanpanont, a member of the NLA panel vetting the bill on MP election, said this issue has nothing to do with the PM and it is the NLA members who are responsible. He said a three-month delay would not benefit anybody.
Under the 2017 charter, an election must take place within 150 days of the organic laws being promulgated. The last bill is likely to be passed in June at the latest, meaning the poll can go ahead as planned in November.
If enforcement of the MP bill is delayed by 90 days, the election would then have to take place within 240 days of that, in around February next year.