Govt looks to scrap NCPO-issued orders
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Govt looks to scrap NCPO-issued orders

The government will ask the Council of State, its legal advisory body, for advice on whether it is possible to revoke orders and announcements issued by the now-defunct coup-makers National Council for Peace and Order (NCPO).

Prime Minister Srettha Thavisin said the government will consult the council about the matter as some NCPO orders are still in force although they are no longer relevant to current circumstances, while some are deemed to obstruct the running of government business and people's daily life.

On Wednesday, government spokesman Chai Wacharonke said the PM instructed ministries and government agencies to consider whether it is still necessary for them to retain any NCPO orders they were given in the past.

If they do not ask the cabinet to retain such orders by Oct 9, these orders will be revoked, Mr Chai said.

Asked how the government will revoke the NCPO orders, Mr Chai said: "The current government is a sovereign entity so it can revoke all NCPO orders straight away."

Asked if a cabinet resolution can revoke orders issued under Section 44 of the interim constitution enacted after the 2014 coup, Mr Chai said that any NCPO orders can be scrapped if no one asks they remain in force by Oct 9.

The section granted former PM, Prayut Chan-o-cha, as head of the NCPO, sweeping powers to override all other laws. Section 44 was carried over into the current constitution. Section 279 of the charter also endorses NCPO orders and announcements.

It also stipulates that such orders can be amended or scrapped through either legislation passed by parliament, orders issued by a prime minister or cabinet resolutions.

However, Noppadon Pattama, a Pheu Thai list MP, posted on Facebook that: "The government is not a sovereign entity. Therefore, if any NCPO orders are to be revoked, one must consider the level of their importance.

"If an NCPO order is equivalent to a cabinet resolution, the cabinet can issue a new resolution to revoke the order. But if the order is equivalent to a law, a law must be passed by parliament to amend or revoke it," he wrote.

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