A law factory

Perspective News - Sunday December 16, 2007

COMMENTARY

A law factory

THONGBAI THONGPAO

For the first time in its history, the Thai Parliament was forced to close and asked to stop its role.

Some 500 people assembled in front of Parliament before the National Legislative Assembly (NLA) was to convene at 10 a.m. last Wednesday. They blocked three entrances, barring the NLA members from entering the building. The move prompted the NLA staff to open another entrance to allow the members to enter and to ask police to help control the situation.

Only then could the NLA start its meeting, which was presided over by acting president Pojanee Thanavaranich. In front of the building, the protesters tried to force their way into the building and eventually, with the help of some ladders they had brought with them, some 100 managed to get through and clashed with the police inside. The NLA resolved to put off the meeting but pledged to continue to perform its duty as stipulated by the 2007 Constitution. The next meeting was scheduled at 10 p.m. on the next day.

The protesters, members of various non-governmental organisations, accused the NLA of trying to rush laws, a charge flatly denied by the NLA president. One of their arguments was that the NLA was not elected and hence not representative of the Thai people. Therefore, it should not pass any law that curbs the rights and liberties of the people. Among such suspect laws are the security law, which violates the rights and liberties of the people endorsed in 10 articles of the charter, the copyright law, the alcoholic-drink advertising control law and the university law.

It was also argued that, since the election is drawing very near, the NLA should end its role immediately and leave the crucial task of scrutinising and passing laws to a properly elected House. Under normal circumstances, after the election decree has been proclaimed and campaigns kicked off, Parliament will close and no law will be deliberated. But instead of following this tradition, the protesters claimed, the NLA is speeding up the passing of many laws, some of which grant powers to the bureaucracy at the expense of civic rights.

The NLA, on the other hand, argued it had to continue performing its duty because the government keeps passing on draft bills to it.

After the meeting was postponed, the leader of the protesters did not budge, saying they would protest again when the NLA next convened.

A day earlier, NLA member Surichai Wankaew submitted his resignation. In his letter, he stated that after serving as an NLA member for one year, now that the election decree was proclaimed, he felt it high time that the NLA respected the wishes of the people in choosing their representatives.

"At this crucial time, the NLA is losing its legitimacy and should not pass laws in a hasty manner as it is doing now."

He added: "The NLA should stop considering any draft laws which may lead to debates on its principles and reasons, including those of which provisions challenge the 2007 charter."

When it was formed after last year's coup, the NLA had 250 members. To date, 10 have resigned, meaning that 121 or more now constitute a meeting quorum. For most laws, half of that number is required for passage, but for laws of high significance more votes are needed.

On Thursday, less than 100 members attended the NLA meeting. A Parliament official told me that actually more than 100 members had signed in, but less than 100 remained in the meeting chambers because some had to attend panel meetings. At the meeting, 24 laws were passed. Among them are the law on the appointment and term of senior public attorneys (42 votes in favour, two against, two abstentions), the law on nuclear energy for peace (57 in favour, three abstentions), the law on milk cows and milk-cow products (52 in favour, two against, one abstention) and the law on court official regulations (67 in favour, one abstention).

Unlike the atmosphere common in an elected House, the NLA meeting was relatively quiet. It went on smoothly with not many debates or proposals, which could be because they had done their homework well. In my view, this is what we would expect of an appointed legislature. Judging from the smooth process, it's no surprise that the NLA could deliberate so many laws at such a dazzling speed. With so few questions asked and everything so systematic, it looks more like a law factory.

All laws affect the people, but all too often they are passed to serve the ruling class.

Bangkok Post