Court annuls post-coup conflict of interest law
The Nation – 7 November 2008
SUPON THANUKRIT, BUDSARAKHAM SINLAPALAVAN
The Constitution Court yesterday unanimously annulled a law with tough provisions against conflicts of interest among politicians, citing procedural reasons.
The court ruled that the post-coup National Legislative Assembly in 2007 had lacked a quorum for the final reading of the bill.
Hopes were high for the legislation as a deterrent for aspiring politicians because it sought to penalise office holders as well as their relatives linked to conflicts of interest.
However, many politicians were unhappy, saying the law would discourage capable and qualified people from entering politics.
The definition of kinship was so broad as to span 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.
According to precedent, the NLA needed a quorum at the precious time of voting on passing a bill and not just at the calling of the session to order.
The Constitution Court yesterday also invalidated the two- and three-digit lottery law passed by the NLA for the same reason, a lack of a quorum.
Meanwhile, former PM's Office minister Thirapat Serirangsan, who was among the proponents of the conflict of interest law, said yesterday that the court's decision to annul the legislation was not unexpected.
He said it was a pity as, for him, the law was greatly beneficial to the country in that it would help improve the standards of the Thai political system and efficiently address the country's corruption problem.
"I insist that the law was not aimed at obstructing people from entering politics as long as those persons have no intention of cheating the country. For honest politicians, this law was nothing to be afraid of," he said.
PM's Office Minister Sukhumpong Ngonkham, who is in charge of the government's legal matters, said the administration would study the annulled legislation to determine whether there was a need to seek its reinstatement.
"We will see if the law is in line with the government's policies, if it benefits the public, and if it contains any clauses that violate the Constitution. As far as I know, there are many clauses that go against the Constitution," he said.
Kudep Saikrachang, spokesman for the ruling People Power Party, yesterday said he believed the law's annulment would encourage more qualified people, particularly those in the economic and financial fields, to enter politics.
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