The caretaker government is using the Council of State, its legal arm, to delay the next meeting of the Senate. Apparently, the delay is a bid to block the removal of Nikhom Wairatpanich as Senate Speaker, and Somsak Kiatsuranon retroactively as parliament president, by the National Anti-Corruption Commission (NACC).
Nikhom: Voted for fully elected Senate
Appointed Senator Somchai Sawaengkan charged yesterday that the government intended to block the Senate from convening and block other senators from removing Sen Nikhom and Mr Somsak.
He also said the delay of the next Senate meeting prevents senators from approving the appointment of Supa Piyajitti as a new member of the NACC. Ms Supa was nominated by a selection panel that consists of the presidents of the Supreme Court, the Constitutional Court and the Administrative Court. She is the deputy permanent secretary for finance who claimed the government’s rice-pledging scheme is plagued with losses and corruption.
The allegation arose after the Council of State wrote to the cabinet secretariat last Friday and asked the latter to inform the Senate secretariat that the Senate cannot convene a meeting on April 18. The date is the 20-day deadline for the Senate to hold a meeting to proceed with the impeachment of Sen Nikhom and Mr Somsak as required by the NACC.
The Council of State explained that the NACC proposed the impeachment outside a session of the Senate, and in this case the constitution required the Senate speaker to ask the parliament president to seek a royal command for a Senate session to be convened.
Deputy Senate Speaker Surachai Liangboonlertchai, the acting Senate speaker, disagrees with the stance of the Council of State. He said that the next Senate meeting would be after the House dissolution, not a meeting outside a Senate session. Therefore, Ms Yingluck could countersign the royal command for the Senate session to be convened instead of the parliament president, Sen Surachai said.
He ordered the Senate secretariat to write to the cabinet and ask it to review the matter. If the cabinet still disagrees with him, he said he will seek a ruling from the Constitutional Court.
“Now the Senate is the only key institution left. If it is unable to function, the political vacuum will widen. Who will take responsibility for the political deadlock?” Sen Surachai said.
Sen Somchai said that if the prime minister continued to delay the Senate session, senators could file a complaint with the NACC to accuse her of dereliction of duty in accordance with Section 157 of the Criminal Code.
Sen Somchai insisted that Ms Yingluck had the power to propose the Senate session be convened.
He alleged that the prime minister had the Council of State claim that the authority to seek the convening of the next Senate session rested with the parliament president who did not exist for the time being. Under the circumstances, Sen Somchai insisted, the prime minister has the duty to propose a royal decree to convene the new Senate session.
Sen Somchai also linked the delay with the pending appointment of Ms Supa as a new member of the NACC.
“The prime minister does not want Ms Supa to join the NACC because she knows that the government will be scrutinised by a person who is knowledgeable and capable and knows what it is up to,” Sen Somchai said.
He explained that Ms Yingluck wanted to delay the process for as long as possible so that newly elected senators who backed the government would be in the Senate and vote in its favour.
If the Senate convenes the next meeting in the near future, newly elected senators will not be there to support the government because the Election Commission (EC) has not confirmed the election of the most of senators elect.
Singthong Buachum, a member of the Pheu Thai Party, filed a complaint with the Senate secretariat to oppose the appointment of Ms Supa as a member of the NACC. He claimed that Ms Supa had been investigated over her performance. However, the majority of the NACC member selection committee backs her appointment.
The Finance Ministry launched the investigation against Ms Supra after she alleged that the rice-pledging scheme was loss-ridden and corrupt in every stage of its implementation.
Meanwhile, Jongchai Thiangtham, elected senator representing Suphan Buri province, and Srimuang Charoensiri, the elected senator for Maha Sarakham province, said yesterday that they were ready to compete for the Senate speaker’s position.
Sen Jongchai said he would end the divisions among senators.
Sen Jongchai is a former Suphan Buri MP of the coalition Chartthaipattana Party. He is very closely connected to the Pheu Thai Party.
Sen Srimuang is a former MP of the now-defunct People’s Power Party. He is very close to former prime minister Thaksin Shinawatra, the elder brother of Ms Yingluck, since they were both in the Palang Dharma Party.
The NACC resolved to impeach both Sen Nikhom and Mr Somsak as they supported a bid to amend the constitution to change the make-up of the Senate to a fully elected chamber.
Mr Somsak and Sen Nikhom are among 383 former MPs and senators who voted to pass the draft charter amendment.
The resolution of the graftbusting panel followed the Constitutional Court’s ruling that the charter amendment to establish a fully elected Senate was in breach of Section 68 of the constitution, which prohibits unconstitutional attempts to seize power.
Mr Somsak is not parliament president as his tenure as House speaker ended when Ms Yingluck dissolved the House.