The National Legislative Assembly (NLA) is prepared to testify before the Constitutional Court on Wednesday over an organic bill on ombudsmen that allows current members to keep their jobs.
NLA deputy chairman Peerasak Porjit said the NLA will send two representatives to explain before the court which is being asked to rule if the bill contravenes the new charter.
While the NLA unanimously passed the bill, by 143-0 with seven abstentions, a group of 36 NLA members petitioned the court for a ruling. Gen Viddhavat Rajatanun and Boon Tapanadul currently occupy the position of ombudsmen.
The petition stems from concern that allowing the two current members to carry on in the job may be in violation of the charter which reduces the powers of the ombudsmen while requiring the next occupants of the office to have higher qualifications.
Ombudsmen are state officials appointed to keep tabs on government activity.
Under the charter, ombudsmen will retain the core duty of investigating complaints when civil servants, government agencies, state enterprises or local governments are accused of violating the law or exceeding their authority.
Their previous responsibilities of drafting core values for ethical standards and making recommendations in connection with codes of ethics of government agencies will be transferred to the Constitutional Court to be jointly conducted with government agencies.
Mr Peerasak said the bill is unlikely to be dropped even if the court rules against the issue. Only the controversial point is likely to be revised to comply with the court ruling.
He said the petition does not signify any conflicts among the NLA members but an attempt to resolve their differences through the charter.
He insisted that no matter how the court rules, its decision is unlikely to set a precedent for other bills on independent agencies where the current members are set to lose their jobs.
The Constitution Drafting Committee (CDC) has introduced the "set-zero" principle for several independent agencies including the Election Commission (EC) and the National Human Rights Commission (NHRC).
Mr Peerasak said a joint panel will deliberate the organic bill on the NHRC as soon as the NLA receives a petition from the rights body, which is opposed to Section 60 forcing the six commissioners to vacate their posts once the bill is enacted.
According to the deputy chairman, the NLA is scheduled to scrutinise the budget bill for the 2018 fiscal year on Aug 31.
