THE LEGISLATIVE POWER OF THAILAND THE LEGISLATIVE POWER OF THAILAND THE NATIONAL LEGISLATIVE ASSEMBLY THE NATIONAL LEGISLATIVE ASSEMBLY

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2 by Phicheth Kitisin Advisor on Foreign Affairs Secretariat of the Senate Bangkok

3 His Royal Highness Crown Prince Maha Vajiralongkorn delivered a Royal Speech to Members on the occasion of the Official Opening Session of the National Legislative Assembly on Friday, the 20th of October B.E.2549 (2006) at the Anandasamakom Throne Hall

4 The current Constitution of the Kingdom of Thailand, * which is an interim edition, promulgated on the 1st of October B.E (2006) states that the sovereign power emanates from the Thai people and the King who is Head of State exercises such power through the National Legislative Assembly, the Council of Ministers and the Courts in conformity with the provisions of this Constitution. It can in fact be construed that the legislative institution of the Kingdom of Thailand during the transitional period functions in a form of unicameral system of parliamentary democracy under the name National Legislative Assembly or it is named in Thai Sapha Nitibunyat Haeg Chat where it concurrently serves as the House of Representatives, the Senate and the Parliament. The King shall enact laws by and with the advice and consent of the National Legislative Assembly. * The Constitution of the Kingdom of Thailand, B.E (2006) has been promulgated since the Council for Democratic Reform seized power and abrogated the Constitution of the Kingdom of Thailand, B.E (1997) on the 19th of September B.E (2006). The 2549 Interim Constitution shall be in force until the promulgation of the new Constitution. 1

5 Members The National Legislative Assembly consists of not more than two hundred and fifty members appointed by the King from the persons of Thai nationality by birth with the age of no less than thirty five years. In actual fact, only two hundred and forty two members of the National Legislative Assembly were appointed by the King on the 11th of October B.E (2006), of which twenty one members are female. Inaugural Ceremony His Royal Highness Crown Prince Maha Vajiralongkorn as Representative of His Majesty the King presided over the Official Opening Session 2 of the National Legislative Assembly on the 20th of October B.E (2006) at the Anandasamakom Throne Hall. President and Vice Presidents H.E. Mr. Meechai Ruchupun 3

6 General Charan Kullavanijaya Ms. Potjanee Thanavaranit H.E. Mr. Meechai Ruchupun, General Charan Kullavanijaya and Ms. Potjanee Thanavaranit were respectively elected as the President, the First Vice President and the Second Vice President, of the National Legislative Assembly at its first sitting on the Ms. Potjanee Thanavaranit 4 24th of October and appointed by the King on the 25th of October B.E (2006). Quorum At a sitting of the National Legislative Assembly, the presence of not less than one-half of the total number of the members of the National Legislative Assembly is required to constitute a quorum. Submission of a Bill A bill shall be submitted by not less than twenty five members of the National Legislative Assembly or by the Council of Ministers but a money bill shall be submitted only by the Council of Ministers. A money bill means the bill with provision dealing with all or any of the following matters: the imposition, repeal, reduction, alteration, modification, remission, or regulation of taxes or duties; the allocation, receipt, custody, payment of State funds, or transfer or creation of expenditure estimates of the State; reduction of State revenue; the raising of loans, or guarantee or redemption of loans and currency bills. In the case where there is a question whether or not a bill proposed by members of the National Legislative Assembly is a money bill, the President of 5

7 the National Legislative Assembly shall be empowered to make a decision. Sitting The National Legislative Assembly decided, at its second sitting on the 27th October B.E (2006), to convene its regular sitting twice a week on Wednesdays and Thursdays starting from 1.30 p.m. However, the President of the National Legislative Assembly may call for an extraordinary sitting at anytime when it deems necessary. Rules of Procedures Pending the drafting and adoption of the new Rules and Procedures of the National Legislative Assembly, the previous Rules of Procedures of the National Legislative Assembly, B.E (1991) were provisionally used to run the meetings of the National Legislative Assembly. Meanwhile the National Legislative Assembly constituted, at its second sitting on the 27th of October B.E (2006), the fifteen Committee members on Drafting the Rules and Procedures of the National Legislative Assembly, B.E (2006). The Committee on Drafting the Rules and Procedures of the National Legislative Assembly, B.E (2006), under its chairmanship of General Charan Kullavanijaya, completed the Draft Rules and Procedures of the National Legislative Assembly B.E (2006) on the 3rd of November B.E (2006) and submitted it to the National Legislative Assembly for consideration at its fourth sitting on the 8th of November B.E (2006). The Draft Rules and Procedures of the National Legislative Assembly, B.E (2006) were adopted by the National Legislative Assembly at its fifth sitting on the 9th of November B.E (2006) and have been in force since the 10th of November B.E (2006). Standing Committees According to the Rules and Procedures of the National Legislative Assembly, B.E (2006), the National Legislative Assembly shall constitute its Standing Committees to consider bills, perform the National Legislative Assembly or assigned by the National Legislative Assembly. Each Standing Committee shall consist of not less than nine members but not more than thirteen members. There are twenty one Standing Committees. A member of the National Legislative Assembly shall be member of only one 6 7

8 Standing Committee. However, the number of the Standing Committees may be increased or decreased at anytime when it deems necessary. The twenty one Standing Committees entrusted with their powers and duties are as follows: 1) Committee on Agriculture and Cooperatives agricultural development, cooperatives, development of production and marketing, agricultural merchandise, including ways of solving the problem and obstacle in agricultural development; 2) Committee on Communications communications including the traffic by land, water, air, mass transit, merchandise transportation and marine; 3) Committee on Finance, Banking and Financial Institutions any act, inquire into or study any matter related to money, finance, banking, money market, capital market and financial institutions of the country; 4) Committee on Consumer Protection consumers protection, including the serious problems affecting consumers; 5) Committee on Foreign Affairs any act, inquire into or study any matter related to foreign affairs, international relations, any happening that has an impact on national interests and image; 6) Committee on Natural Resource and Environment promotion, maintenance and protection of environment quality, including the study on problems of use, protection, solving and conserving natural environments; 7) Committee on Interior Administration any act, inquire into or study any matter related to State administration, local administrative affairs, public sector development and performance of State officials, including the special form of administration; 8 9

9 8) Committee on Energy management, promotion of developments, procurement, consumption, energy conservation, and impacts resulted from procurement and the use of energy; 9) Committee on Commerce any act, inquire into or study any matter related to trade, service, exports, trade balance, copyright, instrument, registration, including the intellectual property; 10) Committee on Public Participation any act, inquire into or study any matter related to promoting and supporting public participation in policy formulation, political decision, planning on economic, social and political developments; 11) Committee on Justice, Police Affairs and Human Rights any act, inquire into or study any matter related to management through the policies on justice administration and justice process, promoting cooperation and coordination among the State agencies, private organizations and other organizations pertaining to human rights, including the follow up and investigation on the action and non-action causing human rights violation or not conforming to the obligation of the international treaty on human rights, to which Thailand is a party, police affairs, implementation of laws and maintaining law and order of the country; 12) Committee on Labour and Social Welfare any act, inquire into or study any matter related to labour affairs in the country and abroad, including social welfare and security; 13) Committee on Science, Technology, Information and Communication any act, inquire into or study any matter related to promotion and development of science and technology, communication, information technology and telecommunications; 14) Committee on Religions, Ethics, Arts and Culture 10 1

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11 giving support and protection to religions, conservation of arts, preservation of tradition, local culture, knowledge of villagers, promotion of morals, virtue, ethics, culture and the Thai characteristics; 15) Committee on Education and Sports educational management, religious and cultural learning education and educational development of the nation, promotion, supporting and developing national sports, including the study on problems and obstacles of sports of the Thais both in the country and abroad; 16) Committee on Public Health any act, inquire into or study any matter related to public health service, medical treatment, promotion and development of health of the people and communities; 17) Committee on Industry and Tourism promotion and development of industry and tourism, including the study on problems and obstacles in the development of industry and tourism of the Thais both in the country and abroad; 18) Committee on Juvenile, Youth, Women, Elders, Disable Persons Affairs and Human Security any act, inquire into or study any matter related to juvenile, youth, women, elders and disable persons, including coordination with organizations in the country and abroad, international communities concerning guidelines on cooperation in the promotion to eradicate problems on juvenile, youth, women, elders and disable persons, promoting potentiality of community in life and living development, social care and welfare service for the poor, providing guarantee and security in quality of life for the Thais in general, including the quality development of the poeple s life; 19) Committee on Independent Agencies Affairs administrative management of independent agencies in conformity with the Constitution and other Laws; 20) Committee on Security any act, inquire into or study any matter related to military affairs, internal security keeping and protection as well as national security and defense; 14 5

12 21) Committee on Following Up the Budget Administration, Resolutions of the Assembly and Checking the Minutes of the Sittings government s policies on budget, following up and evaluating, receipts, annual expenditure budget of the official agencies, State agencies and State enterprises, including implementations of the Assembly s resolutions, checking the minutes of the sittings of the Assembly and disclosing the minutes of the closed sittings of the Assembly. Ad Hoc Committees The National Legislative Assembly shall, in conformity with the Rules and procedures of the National Legislative Assembly, B.E (2006), constitute its three Ad Hoc Committees. However, an Ad Hoc Committee to consider any bill shall be constituted at anytime when it deems necessary. Such an Ad Hoc Committee shall have its members of not more than one-fifth of the total number of its members nominated by the Council of Ministers while in the case of an Ad Hoc Committee constituted to consider other matters shall be composed of persons who are not members of the National Legislative Assembly of not less than one-third but not more than one-half of the total number of its members. The three Ad Hoc Committees stated in the Rules of Procedures of the National Legislative Assembly, B.E (2006) are as follows: 1) Ad Hoc Committee on the National Legislative Assembly s Affairs It shall have not more than thirty five members, consisting of the President of the Assembly or one assigned Vice President of the Assembly who shall be Chairman of the Ad Hoc Committee. Other Ad Hoc Committee members are the Chairmen of all Standing Committees, Ad Hoc Committee Chairman on Political Reform, Ad Hoc Committee Chairman on Studying and Following Up the Process and Measures for Counter Corruption and Dishonest Behavior, a representative from the Council of Ministers and the Secretary General also are members of the Ad Hoc Committee. And not more than nine members shall be elected by the sitting of the Assembly. It is empowered to perform any act, inquire into or study any matter related to following matters: (1) to consider bills or any of other matters assigned either by the Assembly or the President of the Assembly; 16 17

13 (2) to perform its affairs or to consider other matters outside the jurisdiction of other committees of the Assembly; (3) to coordinate the workings of the Assembly with the Council of Ministers, independent agencies constituted by the Constitution and other agencies related to committees affairs; (4) to coordinate with every Standing Committee of the Assembly and members concerning the appointments of members or any other persons whose names are nominated to the Assembly for selection to be members of either Standing Committees or Ad Hoc Committees as the case may be; (5) to coordinate among the committees in calling persons to testify in accordance with Rule 84 and Rule 85 in order to save time of the testified persons; (6) to study, collect data and provide information to support the Assembly s affairs; (7) to recommend to the President of the Assembly on the development of the work system and the performance of the Assembly in various fields; (8) to receive petition or report made by the citizens for transmitting to committees or other concerned agencies for consideration; (9) to consider matters assigned by the President of the Assembly in conformity with Rule 165; (10) to recommend to the President of the Assembly the details for the preparation of the budget and submitting the amended motion to the annual expenditure budget pertaining to the Assembly and the Secretariat of the National Legislative Assembly; (11) to advise the President of the Assembly on providing the welfare and benefits to members of the Assembly; (12) to publicize the work of the Assembly. 2) Ad Hoc Committee on Political Reform It shall have no more than twenty five members, of which the number of non members of the Assembly must not exceed one-third of the total number of members of the Ad Hoc Committee. It is empowered to perform any act, inquire into or study any matter concerning the follow up to the progress made on drafting the Constitution for 18 19

14 reporting its opinion in conformity with Section 26 of the Constitution to the Assembly, preparing the draft organic laws according to Section 30 of the Constitution, undertaking political development and performing other functions to promote the democratic administration with the King as Head of State. 3) Ad Hoc Committee on Studying and Following Up the Process and Measures for Counter Corruption and Dishonest Behaviour It shall have no more than twenty five members, of which the number of non members of the Assembly must not exceed one-third of the total number of members of the Ad Hoc Committee. It is empowered to perform any act, inquire into or study any matter related to the process and measures for counter corruption and dishonest behaviour. Policy Statement of the Council of Ministers H.E. General Surayud Chulanont, the Prime Minister who was appointed by the King on the 1st of October B.E (2006), delivered his Policy Statement of the Council of Ministers to the H.E. General Surayud Chulanont National Legislative Assembly at its third sitting (extraordinary sitting) on the 3rd of November B.E (2006). The Council of Ministers now consists of a Prime Minister and twenty eight Ministers who were appointed by the King, twenty six of them on the 8th of October with the additional appointment of two more Ministers on the 18th of November B.E (2006), in conformity with paragraph one of Section 14 of the 2549 Interim Constitution, which states that The King appoints a Prime Minister and not more than thirty five other Ministers as advised by the Prime Minister to constitute the Council of Ministers entrusted with the duty to administer the State affairs

15 Secretariat Mrs. Suvimol Phumisingharaj The Secretariat of the Senate is presently assigned by the Council for National Security to function as the Secretariat of the National Legislative Assembly. Mrs. Suvimol Phumisingharaj, the Secretary General of the Senate, also performs the duties of the Secretary General of the National Legislative Assembly. Appendix 2 23

16 A) Distribution of Members of the National Legislative Assembly according to Sectors as the date of appointment * 1 Public Sector a) Civil Officials Level (7.03%) or equivalent b) Civil Officials, Judicial Officials 12 (4.96%) and State Attorney Officers c) Military Officers 35 (14.46%) d) Police Officers 7 (2.89%) e) Executive Officers and State 8 (3.31%) Enterprise Officials 2) Private Sector a) Banking Business and 6 (2.48%) Financial Institutions b) Commerce, Industry, Services, 19 (7.85%) Transportation, Construction, and Real Property services c) General Business 11 (4.55%) d) Legal Advisors and Lawyers 7 (2.89%) 3) Social Sector a) Political Parties 4 (1.65%) b) Scholars in Philosophy, Languages, 11 (4.55%) Religions and Cultural Arts * Paragraph 3 of Section 5 of the 2549 Interim Constitution states that The selection of persons to be appointed as members of the National Legislative Assembly shall have regard to persons from various groups in the public, private, social and academic sectors and from all regions as appropriate. 25

17 c) Mass Media, Writers and Artists 20 (8.26%) d) Pensioners and Experienced 43 (17.77%) Persons from different areas e) Local Development, Ethical 13 (5.37%) Promotion, Labour Organizations and Private Public Welfare Organizations 4) Academic Sector Rectors, Academics, Educationists, 29 (11.98%) Researchers, Scholars from various fields and different regions Total : 242 (100%) B) Distribution of Members of the National Legislative Assembly according to Gender Men 221 (91.32%) Women 21 (8.68%) Total : 242 (100%) C) Distribution of Members of the National Legislative Assembly according to Religions as the date of appointment Buddhist 224 (92.56%) Muslim 10 (4.13%) Christian 3 (1.25%) Catholic 4 (1.65%) Others 1 (0.41%) Total : 242 (100%) D) Distribution of Members of the National Legislative Assembly according to Age as the date of appointment years 5 (2.07%) years 21 (8.68%) years 38 (15.70%) years 104 (42.97%) years 40 (16.53%) years 18 (7.44%) years 10 (4.13%) years 5 (2.07%) 81 and over 1 (0.41%) Total : 242 (100%) E) Distribution of Members of the National Legislative Assembly according to Education as the date of appointment Under Bachelor s Degree 9 (3.72%) Bachelor s Degree or its equivalent 79 (32.65%) Master s Degree or its equivalent 104 (42.97%) Doctorate Degree or its equivalent 50 (20.66%) Total : 242 (100%) 26 27

18 Author: Phicheth Kitisin ISBN First published: 2,000 copies in December B.E (2006) by Secretariat of the Senate functioning as Secretariat of the National Legislative Assembly Designed & Printed by Bureau of Printing Secretariat of the Senate U-Thong Nai Road, Khet Dusit Bangkok Copies of this publication may be obtained from: Director Bureau of Foreign Affairs Secretariat of the Senate 499 Sukprapruet Building, 14th Floor Prachachuen Road, Khet Bangsue Bangkok Tel: Fax: