Surapong tries to enlist support of Democrats
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Finance Minister Surapong Suebwonglee is reaching out to all political parties for support to amend the charter and related laws to do away with rules on party dissolution but the Democrats have poured cold water on his initiative.
Mr Surapong, also secretary-general of the People Power party (PPP), said the rules, which are intended to prevent electoral fraud by party executives, were conducive to unstable politics.
He said the poll fraud cases involving executives of the Matchimathipataya, Chart Thai and PPP parties, which could lead to their dissolution under the new constitution and its organic laws, have led to a drop in investor and business confidence, reflected in a sharp drop in the local stock market.
He added that he would urge every political party to lodge a motion jointly seeking amendments to the 2007 constitution and three related laws.
Mr Surapong also promised not to touch other controversial issues in the constitution or seek to grant amnesty to the 111 executives of the disbanded Thai Rak Thai party.
He hoped to push for amendments before the fate of the Chart Thai and Matchimathipataya parties is known. The EC is set to decide whether to recommend that the Constitution Court dissolve both on the grounds that their executives bought votes.
"I expect to receive cooperation from all political parties including the Democrats. It should think about the future when it has a chance to run the country. "How can the country move forward when [the executive branch] has to watch its back like this?" he said.
The proposed amendments would hit a snag without help from the Democrats.
Two-thirds of the members of the House of Representatives, or 320 MPs, are required to lodge a motion. The PPP and coalition partners, with 316 MPs between them, are short by four votes.
However, the Democrats were not keen on the proposal.
Democrat spokesman Ongart Klampaiboon said constitutional amendments should not proceed without public hearings and suggested that the PPP might be too focused on saving its own skin.
"The constitution does not involve only political parties, but also the civil sector. The amendments, if any, should also cover other aspects," he said.
The prospect of Chart Thai and Matchimathipataya standing trial has apparently become a cause for concern for the PPP. Its executive, Yongyuth Tiyapairat, who is also House Speaker, has been found by the EC to have violated electoral law.
If the Supreme Court's Crime Section for Political Office Holders upholds the EC's decision against Mr Yongyuth, it could lead to a process whereby the PPP is dissolved.
Mr Surapong, however, denied the proposed amendments were meant to save the PPP from being disbanded, saying he believed other political parties were aware of the rules' shortcomings.
"It is high time the existing laws were reviewed to see what good they are for political development," Mr Surapong said.
Kasem Sorasakkasem, Chart Thai's deputy secretary-general, said the party has no comment on Mr Surapong's proposed amendments.
Former charter drafter Prasong Soonsiri yesterday criticised the move, saying political parties were barking up the wrong tree.
"If a deputy leader or an executive buys votes, the party should be dissolved. They should not blame the law for imposing harsh penalties," he said.
Meanwhile, Prime Minister Samak Sundaravej yesterday slammed the dissolution rules.
Mr Samak said disbanding political parties was tantamount to annihilating the country. "If they want to do it, go ahead. What I am saying is they are killing not only three parties, but also this country," he said.
Foreign Minister Noppadon Pattama said the PPP would not dissolve parliament to prevent the PPP being disbanded, as suggested by the PPP's former leader Karn Thienkaew.
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Targeted legal amendments
Charter Section 237 (2nd clause) and Article 103 (2nd clause) of organic law on the election of MPs
- If any leader or executive of a party connives, allows, knows of or fails to prevent [electoral fraud], it shall be deemed that the political party acts to acquire the power to rule the country by means not in accordance with the constitution and, if the Constitution Court orders that party dissolved, its executives shall have their political rights revoked for five years.
Articles 94 and 95 of the Constitution's organic law on political parties
- If any executive of a political party causes an election to be unfair, the Election Commission, through the Attorney-General, must ask the Constitution Court to disband that party.
Article 98 of the law
- The Constitution Court has the power to prohibit the [guilty] executives from founding a new political party and to suspend their electoral rights for five years.
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The proposed amendments would hit a snag without help from the Democrats.
Two-thirds of the members of the House of Representatives, or 320 MPs, are required to lodge a motion. The PPP and coalition partners, with 316 MPs between them, are short by four votes.
However, the Democrats were not keen on the proposal.
Democrat spokesman Ongart Klampaiboon said constitutional amendments should not proceed without public hearings and suggested that the PPP might be too focused on saving its own skin.
"The constitution does not involve only political parties, but also the civil sector. The amendments, if any, should also cover other aspects," he said.
The prospect of Chart Thai and Matchimathipataya standing trial has apparently become a cause for concern for the PPP. Its executive, Yongyuth Tiyapairat, who is also House Speaker, has been found by the EC to have violated electoral law.
If the Supreme Court's Crime Section for Political Office Holders upholds the EC's decision against Mr Yongyuth, it could lead to a process whereby the PPP is dissolved.
Mr Surapong, however, denied the proposed amendments were meant to save the PPP from being disbanded, saying he believed other political parties were aware of the rules' shortcomings.
"It is high time the existing laws were reviewed to see what good they are for political development," Mr Surapong said.
Kasem Sorasakkasem, Chart Thai's deputy secretary-general, said the party has no comment on Mr Surapong's proposed amendments.
Former charter drafter Prasong Soonsiri yesterday criticised the move, saying political parties were barking up the wrong tree.
"If a deputy leader or an executive buys votes, the party should be dissolved. They should not blame the law for imposing harsh penalties," he said.
Meanwhile, Prime Minister Samak Sundaravej yesterday slammed the dissolution rules.
Mr Samak said disbanding political parties was tantamount to annihilating the country. "If they want to do it, go ahead. What I am saying is they are killing not only three parties, but also this country," he said.
Foreign Minister Noppadon Pattama said the PPP would not dissolve parliament to prevent the PPP being disbanded, as suggested by the PPP's former leader Karn Thienkaew.
--------------
Targeted legal amendments
Charter Section 237 (2nd clause) and Article 103 (2nd clause) of organic law on the election of MPs
- If any leader or executive of a party connives, allows, knows of or fails to prevent [electoral fraud], it shall be deemed that the political party acts to acquire the power to rule the country by means not in accordance with the constitution and, if the Constitution Court orders that party dissolved, its executives shall have their political rights revoked for five years.
Articles 94 and 95 of the Constitution's organic law on political parties
- If any executive of a political party causes an election to be unfair, the Election Commission, through the Attorney-General, must ask the Constitution Court to disband that party.
Article 98 of the law
- The Constitution Court has the power to prohibit the [guilty] executives from founding a new political party and to suspend their electoral rights for five years.">
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