December 10, 2013, at 0900hrs at the Thai Army Club, Vibhavadi Rangsit Road, Bangkok, Prime Minister and Defense Minister Yingluck Shinawatra presided over a Cabinet meeting.
After the meeting, Government Spokesperson Teerat Ratanasevi, together with Deputy Government Spokespersons Pakdiharn Himathongkham, Lieutenant Sunisa Lertpakkawat and Chalitrat Chandrubeksa held a press conference on the resolution of the Cabinet meeting.
1. Acknowledged Royal Decree Dissolving the House of Representatives B.E. 2556 singed by His Majesty the King and published in Government Gazette volume 130/part 115 on December 9, 2013.
2. Agreed with guideline of practice following the dissolution of House of Representatives to be adopted by public agencies, state enterprises and concerned government offices.
Gist
1. Legislation
1.1 Membership of Member of House of Representative is immediately terminated on the day Royal Decree Dissolving the House of Representatives is effective. Account showing particulars of assets must be submitted.
1.2 New general election must be fixed within the period of not less than 45 days but not more than 60 days as from the date of the dissolution of the House of Representatives (Section 108 of the Constitution of the Kingdom of Thailand) and Royal Decree determines date of general election to be on February 2, 2014.
1.3 Draft Acts which have already been approved by the two Houses and have been presented to His Majesty the King are not terminated and may proceed further.
1.4 Draft additional amendments of the Constitution or draft Acts which His Majesty the King does not approve nor return 90 days after submission are terminated.
1.5 The Senate is not terminated, yet it shall not hold its sitting, except the sitting at which the Senate shall make a determination placing-removing a person to/from office (Section 132 of the Constitution of the Kingdom of Thailand).
2. Cabinet and Ministers
2.1 Status of Cabinet and Ministers
(1) Cabinet is terminated, but shall remain in office for performing duties. (It is not called interim and continues to receive salary but does not have to submit an account showing particulars of assets) (Section 181 of the Constitution of the Kingdom of Thailand).
(2) Cabinet still has all duties to public administration for the country’s greatest interests to extent of necessity. In case there arises threat to national security, it has duty and power to announce measure for national defense such as declaration of state of emergency or martial law.
(3) Signing of positions of Prime Minister and Ministers remains the same, not an interim or acting for the positions.
(4) Releasing of Ministers by Prime Minister or self-determination of Ministers may be conducted, yet there should not be appointment of replacement.
2.2 Duties of Cabinet’s and Ministers
(1) Cabinet meeting
(1.1) Cabinet meeting may continue as usual until there is Royal Command appointing new Cabinet.
(1.2) Any agenda proposed to the Cabinet which will result in approval of an activity or a project, or creation of binding commitment upon the subsequent Cabinet, Secretariat of the Cabinet may preliminarily screen them, then propose to the Cabinet or Prime Minister or Deputy Prime Minister for an approval or an order to forward them to the subsequent Cabinet.
(2) Appointment and transfer of government officials or release of government officials from their positions (Section 181 (1) of the Constitution of the Kingdom of Thailand)
(2.1) Cabinet’s and Ministers’ exercise of power to appoint or transfer government officials holding permanent positions or receiving permanent salaries or officials of state agencies, state enterprises, undertakings of which the government is the major shareholder; or dismiss such persons from the performance of duties or from office or instruct others to perform duties in replacement must be conducted to the extent of necessity to maintain country’s interests, security and economic security or to mitigate public calamity and must be approved by the Election Commission.
(3) Approval of disbursement of reserved funds available for cases of emergency or necessity (Section 181 (2) of the Constitution of the Kingdom of Thailand)
(3.1) There shall not be taken any act which has the effect of approving any disbursement of reserved funds available for cases of emergency or necessity, unless upon prior approval by the Election Commission.
(3.2) Any act taken which has the effect of approving any disbursement of reserved funds available for cases of emergency or necessity must be conducted to extent of necessity and to maintain country’s interests, security and economic security or to mitigate public calamity or to prevent damages to public service or to mitigate disaster encountered by people and must be approved by the Election Commission.
Implementation of (3.2) may be conducted only in parts of implementations of public offices, state enterprises and other government offices, which have necessity to disburse extra budget apart from previous allocations that are not sufficient and which have urgency to disburse from reserved fund available for emergency or necessity of central budget.
(4) Work or project approval (Section 181 (3) of the Constitution of the Kingdom of Thailand)
(4.1) There shall not be taken any act which has the effect of approving any work or project or of creating binding commitment upon the subsequent Cabinet.
(5) Exploitation of state resources or state personnel (Section 181 (4) of the Constitution of the Kingdom of Thailand)
(5.1) There shall not be any exploitation of state resources or state personnel for any act having impacts on an election and there shall not be committed any act which is, in nature, a violation of prohibitions in accordance with the rules prescribed by the Election Commission. Therefore, regular implementation of public services that will not have any impact on election may continue.
(5.2) There shall not be any exploitation of state resource or state personnel for any act directly or indirectly having impacts on an election and creating unfairness in election, unless for meetings stipulated by law or in necessary or urgent cases to maintain country’s or people’s interests, of which Election Commission must be immediately informed.
(6) Obedience to organic law
(6.1) Organic Act on Political Parties B.E. 2550
(i) Section 68 prohibits Prime Minister, Ministers and other political officials from using their status or position to collect or persuade for donation to political parties or candidates for the election of members of the House of Representatives.
(ii) Section 89 prohibits a person holding a political position from granting money, properties or any benefits that are calculable as money to any person, group of person or juristic person, except from traditional practice based on amount, principle and method prescribed by the Election Commission.
(6.2) Organic Act on the Election of Members of the House of Representatives and the Acquisition of Senators B.E. 2550, Section 53 prohibits candidates for the election of members of the House of Representatives or any person from, directly or indirectly, arranging, granting, presenting or promising of granting any property or other benefit to any person, association, educational institution or other institution in order to induce persons having the rights to vote to vote for himself/herself, particular candidates or political parties or to not vote for particular candidates or political parties.
(7) Making of law
(7.1) There should not be any proposal of new draft of law, particularly policy-related draft acts during dissolution of Parliament. Proposal of draft Royal Decree, draft ministerial regulation, draft order or draft by-laws, which determine details authorized within the scope of organic laws, may proceed as usual.
(7.2) Draft law previously approved in principle by the Cabinet and has been submitted to the Council of State may not be proceeded if it is a draft act since there is not House of Representatives. Therefore, it is necessary to wait for consideration of the subsequent Cabinet to further submit to the House of Representatives.
Draft royal decree, draft ministerial regulation, draft order or draft by-laws, which is within the authority of Cabinet or Ministers to enforce, and which have been previously approved in principle by the Cabinet before dissolution of House of Representatives may be enforced following the Council of State’s scrutiny.
(8) Appointment of committee
There shall not be any appointment of committee in accordance with the law, in which there might be empty seat during dissolution of House of Representatives as appointment of any person as committee will create binding commitment upon the subsequent Cabinet.
(9) Other implementations following Cabinet’s resolutions
(9.1) Upon issuance of Royal Decree calling for a general election, appointment (transfer) of government officials, officials of state agencies, state enterprises at all types and levels in central, regional and local administrations shall be considered to the extent of necessity. There shall not be arrangement of training or seminar during 10 day period prior to the election as it might affect officials’ workforce, which might be needed in election administration.
(9.2) Interview for public mass media of Ministers shall be conducted with special caution. Particularly in cases of an interview broadcasted on television in the capacity of Ministers, scope of interview must be given within duties of Minister
(10) Submission of account showing particulars of assets
National Anti-Corruption Commission has granted an opinion that, in cases that the council of ministers is dismissed, the date on which the subsequent council of administers takes an oath in front of His Majesty the King is to be taken as the date of termination. Therefore, present Cabinet must submit following account declaring particulars of assets and liabilities to the National Counter Corruption Commission:
(10.1) In cases that a Minister also holds membership of House of Representatives, he/she must submit an account declaring particulars of assets and liabilities within 30 days after the date of termination of membership of House of Representatives (the date of dissolution of House of Representatives) and must re-submit account declaring particulars of assets and liabilities within 30 days after the date of termination of ministerial position (the date on which the subsequent Cabinet takes an oath).
(10.2) In cases that a Minister does not hold membership of House of Representatives, he/she must submit an account declaring particulars of assets and liabilities within 30 days after the date of termination of ministerial position (the date on which the subsequent Cabinet takes an oath).
In both cases, Ministers must also re-submit an account declaring particulars of assets and liabilities within thirty days after the 1st anniversary of termination.
Status of other political officials
Decision of Council of State made in December 1990 (B.E. 2533) holds that other political officials such as Secretary to Prime minister, Government Spokesperson and Secretary to Minister Attached to the Prime Minister's Office etc. may remain in office to perform their duties, and will be terminated on the last day in position of their respective Prime Minister or Ministers and before the assumption of the subsequent council of ministers.
--Cabinet Meeting (Yingluck Shinawatra) December 10, 2013--