The Constitution Drafting Committee (CDC) has agreed that a special body will be set up under a new charter to consider appointments and transfers of top public officials in an effort to stem political interference in the bureaucratic system.
CDC spokesman Kamnoon Sidhisamarn said the new body, comprising seven members, is to approve the reshuffle of permanent secretaries or C-11 level public officials at all ministries based on their performance, ethics and morality, not political connections or affiliations.
Generally, a minister would consider the appointments and transfers of permanent secretaries, or C-11 level officials, and leave the lower positions to the permanent secretary to look after.
The practice is widely seen as opening the way for political interference leading to cronyism and nepotism.
According to Mr Kamnoon, the seven members of the special body will be scrutinised and endorsed by the Senate. Its members will be allowed to serve a single tenure of three years. According to Mr Kamnoon, none of these agencies will see their powers reduced.
Of the seven members, two will be selected by the Civil Service Commission; three will be retired permanent secretaries chosen by current permanent secretaries; and the other two will be selected from among chairmen of the ethics and morality committees at the
ministries.
However, Mr Kamnoon said the appointment and transfer of the defence permanent secretary will not come under the supervision of the new body.
According to Mr Kamnoon, the authority and the scope of responsibility of the special body will be addressed in an organic law which is yet to be promulgated.
However, its task is to nominate three candidates for the permanent secretary position and forward the list to the cabinet for it to select one of the three candidates.
If the cabinet refuses to make a selection, the committee is authorised to select one candidate and resubmit the name to the cabinet for consideration.
If the cabinet refuses to select again, the nominee is considered approved.
He said any dismissal or any transfer of permanent secretary by the minister or the prime minister must be endorsed by this committee.
During the debate, a charter writer said the special committee is necessary and will determine the success of bureaucratic reforms.
Most CDC members voiced support for the establishment of the special committee, saying a permanent secretary is a person who translates public policies into practice.
CDC chairman Bowornsak Uwanno told the CDC members that it is important to make sure the new committee will not abuse or exploit such powers.
As a result, he said, there will be other clauses in the charter to supervise good governance of this special committee.
Mr Kamnoon said the CDC has also agreed to provide better protection for public officials who refuse to comply with dubious orders from political office holders.
Under the new charter, political office holders are required to make a written order and officials can refuse to comply with a dubious order and be protected.
Meanwhile, Mr Kamnoon said the CDC has finalised the details of the planned merger of the National Human Rights Commission and the Office of the Ombudsman.
He said the two agencies would be merged into a single agency which would be authorised to file complaints with the courts of justice, the Administrative Court and the Constitutional Court on behalf of people whose human rights have been violated.
He said the new agency will have 11 members working in 11 different areas such as justice administration, women and children’s rights, and consumer rights.