A Supreme Administrative Court ruling against former prime minister Yingluck Shinawatra could have far-reaching implications for how future governments formulate policies, Minister to the Prime Minister's Office Chousak Sirinil has warned.
On Thursday, the court ordered Yingluck to pay 10 billion baht in compensation for losses from the rice-pledging programme she oversaw more than 10 years ago. The financial liability adds to the five-year jail term handed down by the Supreme Court's Criminal Division for Holders of Political Positions for her failure to stop corruption in the scheme.
Mr Chousak said that while the Supreme Court deemed the rice-pledging scheme a policy issue, the Central Administrative Court ruled the Finance Ministry's order for compensation was not legal as the corruption happened at the operational level.
The Finance Ministry appealed the Central Administrative Court's ruling, saying it conflicted with the earlier Supreme Court decision that found Yingluck guilty of negligence in handling the scheme.
According to Mr Chousak, the matter was difficult to understand, and it also raised a debate with some experts arguing that the policy issue should not result in civil damages, he said.
With the latest ruling, he said it could make policymakers think hard when formulating policies, noting that no government ever faced such a financial liability related to its policy. He said that some academics have already expressed concern that fear of liability might discourage governments from initiating new policies.
Deputy Prime Minister and Defence Minister Phumtham Wechayachai has expressed sympathy for Yingluck and said that she has the right to fight the order. He also cited the navy's submarine procurement project as an example of risks associated with a political decision. He noted that if he decides to scrap it, he should not be personally liable for financial losses.
Deputy Finance Minister Julapun Amornvivat said the ministry would carry out the court order once it is formally received, while echoing concerns that the ruling would impact future policies.
"There are attempts to put the brakes on the digital wallet scheme. There's no corruption, no hidden agenda, but we must be very cautious due to this kind of mechanism. It will also undermine the system in the long run as governments will be too afraid to implement policy," he said.
The court ruling came on the anniversary of the May 22, 2014 coup, while Yingluck called the ruling "deeply unjust" in her social media post.