Thai Anti-Corruption body expands reach

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Thai Anti-Corruption body expands reach  
Bangkok Post: 4 Oct 2009
www.BangkokPost.com


Clashes of interest new NACC priority

100,000 STATE OFFICIALS TO BE ADDED TO ASSET SCRUTINY LIST

About 100,000 state officials will be subject to close scrutiny for possible conflicts of interest under a legal change backed by the National Anti-Corruption Commission (NACC).

Graft-buster Wichai Wiwitsewi said yesterday armed forces leaders, university rectors and state enterprise board members are likely to join the prime minister and members of the cabinet defined as "state officials" under transparency provisions of the anti-corruption legislation.

The NACC wants to update a list of state officials under Article 100 who are barred from having interests in contracts made with state agencies which they have the authority to control, oversee or regulate. They may have to make annual declarations of assets they own, and could be subject to other reporting requirements.

When the law was introduced in 1999, the provision did not specify the "state officials" who were subject to examination for conflict of interest.

The positions of prime minister and cabinet members and their spouses were added later.

The guilty verdict against former prime minister Thaksin Shinawatra in the Ratchadaphisek land purchase scheme was partly based on the provision. In October 2008, Thaksin was convicted by the Supreme Court's Criminal Division for Holders of Political Positions of abusing his power while he was prime minister to help his wife's purchase of the Ratchadaphisek land at a discount in 2006.

Mr Wichai said the positions to be added to the list were proposed during a series of NACC seminars.

"About 80-90% [of people surveyed] want the list to include executive positions at government agencies. These positions will be screened again and the list could be put in effect next year.

"It will give the NACC a tool to better tackle conflict of interest," he said.

It would be impossible to have all state officials come under Article 100.

"But it helps to be specific [about what constitutes a conflict of interest and if it is against the law] because in some cases a conflict of interest does not involve corruption," he said.

Democrat Party deputy spokesman Thirachart Pangwirunrak said yesterday government officials in executive posts such as permanent secretaries, directors-general and provincial governors should be scrutinised.

Investigations by House committees found that some members serve on state enterprise and private company boards and make millions of baht in monthly salaries and allowances.

"There is this case in which a deputy governor of a state enterprise has shares in a company which is the agency's contract partner. Article 100 doesn't cover such a case," he said.

He also welcomed the prospect of politicians being scrutinised for possible conflict of interest.

Preecha Suwannathat, former writer of the NACC Act, yesterday backed the proposed extension of the list, saying even judges and graft-fighters should be covered by the provision.

He also suggested that corruption-tainted agencies should be listed.

Dr Tul Sitthisomwong, of the Civil Network, said the extension of the state officials list would give the NACC more power to fight corruption.

The NACC says a total of 3,657 corruption cases are pending its investigation.