THAILAND
 
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GENERAL INFORMATION
 
Parliament (generic name): Rathasapha
Translated name: National Assembly
Structure: Bicameral
Chamber: Saphaphuthan Ratsadon
Translated name: House of Representatives
President:
Yongyuth Tiyapairat  ( M)
Secretary General:
Pitoon Pumhiran  ( M)
Members (statutory number): 480
  directly elected
Members (current number): 480
Women (current number): 56  ( 11.67%)
Term: 4  years
Last renewal dates: 23 December 2007
 
Address: House of Representatives
National Assembly
U-Thong Nai Road
BANGKOK 10300
Tel.: (662) 357 3100 (ext. 3153-7), 357 3177 (ext. 3152)
Fax: (662) 357 3154
E-mail: ipu@parliament.go.th
Cable: National Assembly, Bangkok 10300
Web site:
http://www.parliament.go.th
Affiliation to IPU: Yes
Affiliation date(s): 1950 - 1972
1973
 
 
ELECTORAL SYSTEM
 
Electoral Law:
  1 January 1900
  16.10.2007
 
Constituencies:
  Majority system (400 seats):
- 153 multi-member constituencies (from two to three seats each)
- 4 single member constituencies
*The number of representatives per changwat (province) is calculated on the basis of the ratio of the changwat's population to the national population (1 member for every 157,071 inhabitants in the 2007 elections).
Proportional representation system (80 seats):
- 8 constituencies (10 seats each) using clusters of provinces
 
Voting System:
  Mixed system:
Majority system for the constituency-based voting (for 400 seats)
Each voter casts as many votes as there are members to be elected from each constituency. The candidate/s with the most votes is/are elected.
Representatives elected from a constituency and appointed to ministerial posts must vacate their seats within 30 days of their appointment. They or the party they represent are in charge of the by election in that constituency.

Proportional representation (closed party-list system for 80 seats)
Voters are allowed to vote for only one party list. The party lists are submitted to the Election Commission before the deadline for submission of candidacies to the constituency based elections. The total valid votes won are divided by 10 to determine the number of votes needed for each candidate to be elected (quotient). The number of party list representatives that each party may appoint is calculated by dividing the total valid votes that each party obtained by the quotient. If fewer than 10 representatives are elected by this method, the parties having the most remaining votes share the remaining seats.
Party-list representatives who are appointed to ministerial posts must vacate their seats within 30 days of their appointment, and the next name on the relevant party list is appointed as a representative without a by election.
Voting is compulsory.
 
Voter requirements:
  - age: at least 18 years old
- Thai citizenship by birth
Disqualifications: insanity, mental infirmity, Buddhist priests, monks or clergy, detention by a court-issued warrant or legal order, deprivation of the right to vote by court decision.
 
Eligibility:
  - qualified voters
- age: at least 25 years old on election day
- Thai nationality by birth
- members of any and only one political party for a consecutive period of not less than ninety days prior to the submission of candidacy (thirty days of membership suffice if the general election is called on account of early dissolution of the House of Representatives)
- persons satisfying one of the following conditions:
(a) residence in the changwat for at least five consecutive years prior to the candidacy application
(b) persons born in the changwat where they are standing for election
(c) persons having studied in an educational institution situated in the changwat where they are standing for election for a consecutive period of not less than five academic years
(d) persons having served in the official service of the changwat where they are standing for election for at least five consecutive years prior to the submission of their candidacy

Ineligibilities:
- government officials holding a permanent position or receiving a salary, except political officials
- members of a local assembly or a local administrator
- senators and former senators who have been out of office for less than two years
- officials or employees of a government agency, State agency or State enterprise or other State officials
- judges of the Constitutional Court, Election Commissioners, Ombudsmen, members of the State Audit Commission or members of the National Human Rights Commission
- undischarged bankrupts, persons addicted to harmful drugs, detained persons under sentence or order of imprisonment, imprisonment of two years or more (except for an offence committed through negligence) discharged less than five years before the election day concerned, deaf and dumb persons
 
Incompatibilities:
  - national or local government officials (excluding political officials) holding a permanent salaried position
- officials in the employ of a State agency or enterprise
- membership of a local assembly
- persons receiving a concession or benefit from a government agency
government contractors
- government contractors
 
Candidacy requirements:
  - nomination by a political party
- payment of a deposit of 10,000 baht per candidate
 
 
LAST ELECTIONS
 
red cube  Also available:  Archive of past election results for this chamber  red cube
 
Dates of election / renewal (from/to):
  23 December 2007
 
 
Purpose of elections:
  Elections were held for all the seats in the House of Representatives.
 
Background and outcome of elections:
  The December 2007 elections were the first to be held following a military takeover in September 2006 which ousted the then Prime Minister, Shinawatra Thaksin. His Thai Love Thai (Thai Rak Thai, TRT) party had won 377 seats in the 500-member House of Representatives in the February 2005 elections. However, his second term as prime minister lasted only one year.

Following political allegations against his premiership, Mr. Thaksin dissolved the House of Representatives on 24 February 2006 and called early elections for 2 April. The elections were boycotted by the major opposition parties and invalidated by the Constitutional Tribunal on 8 May. New elections were subsequently scheduled for October 2006. As a result of the September takeover, these elections could not take place and the King appointed an interim legislative body, the National Legislative Assembly on 12 October 2006.

The adoption of a new Constitution on 19 August 2007 opened the way to a return to democracy. At stake in the 2007 elections were the 480 seats in the new House of Representatives.

The TRT had been dissolved by the Constitutional Tribunal in May 2006, and exiled former prime minister Thaksin was barred from running in the 2007 elections, along with 111 former TRT executives. Mr. Thaksin's supporters formed the People's Power Party (PPP) prior to the elections, whose candidates included children of barred former TRT members. The PPP leader Mr. Samak Sundaravej pledged to allow Mr. Thaksin's return to the country so he could "prove his innocence". The PPP promised to give priority to economic recovery.

The Democratic Party (DP, which took 96 seats in the 2005 elections), was led by Mr. Abhisit Vejjajiva. It pledged to fight corruption and improve the country's economic situation within 99 days. Its leader said his party would not join a PPP-led government. Other contenders included the Chartthai Party (meaning "Thai Nation" - CPT), led by Mr. Banharn Silpa-Archa and the Puea Pandin Party (meaning "For the Motherland" - PP) of Mr. Suwit Khunkitti. Former members of the TRT also contested the elections in other small parties.

Most political parties promised to tackle corruption, provide better health care, education and infrastructure, and at the same time improve the economy. Local analysts predicted none of the main parties would win an outright majority, and that the PPP would become the largest party.

On 23 December, 74.45 per cent of the 44 million registered voters turned out at the poll.

The PPP fared well in rural areas in the northern part of the country where the TRT had its stronghold, while the DP led in the capital Bangkok and in southern Thailand.

Preliminary results gave the PPP 233 seats and the DP 165 seats, although the results for several seats were invalidated following allegations of vote-buying.

Following the elections 5 parties, namely - the Ruam Jai Thai Chart Pattana Party, the Matchimathipataya Party and the Pracharaj Party, the CTP and the PP - agreed to participate in a PPP-led government. On 19 January 2008, the PPP leader, Mr. Sundaravej, officially announced a six-party coalition controlling 315 of the 480 seats, leaving the Democrat Party the sole opposition in the new House of Representatives.

The House of Representatives held its first session on 21 January. On the following day, it elected the PPP deputy leader, Mr. Yongyuth Tiyapairat, as its new Speaker.

On 28 January, the House of Representatives elected the PPP leader, Samak Sundaravej, as the new Prime Minister.
 
STATISTICS
 
Round no 1 (23 December 2007): Election results
  Number of registered electors 44'002'593
  Voters 32'759'009 (74.45%)
  Blank or invalid ballot papers
  Valid votes
 
Round no 1: Distribution of votes
 
Political Group Candidates Votes % of votes  
  People Power Party (PPP)  
  Democratic Party (DP)  
  Chartthai Party (CTP)  
  Puea Pandin Party (PP)  
  Matchimathipataya Party (MCM)  
  Ruam Jai Thai Chart Pattana Party (RC)  
  Pracharaj Party (PRP)  
 
Round no 1: Distribution of seats
 
Political Group Total of seats Constituencies PR  
  People Power Party (PPP) 233 199 34  
  Democratic Party (DP) 164 131 33  
  Chartthai Party (CTP) 34 30 4  
  Puea Pandin Party (PP) 24 17 7  
  Matchimathipataya Party (MCM) 11 11 0  
  Ruam Jai Thai Chart Pattana Party (RC) 9 8 1  
  Pracharaj Party (PRP) 5 4 1  
 
Comments:
  Sources:
- http://www.ect.go.th/english/index.html
- IPU Group (24.01.2008, 07.03.2008)
 
Distribution of seats according to sex:
  Men: 424
  Women: 56
  Percent of women: 11.67
 
Distribution of seats according to age:
  21 to 30 years 16
  31 to 40 years 63
  41 to 50 years 185
  51 to 60 years 140
  61 to 70 years 59
  Over 70 years 17
 
Distribution of seats according to profession:
  Politicians       190
  Business/trade/industry employees, including executives       126
  Civil/public servants/administrators (including social/development workers)       50
  Legal professions       24
  Unknown       19
  Farmers/agricultural workers (including wine growers)       15
  Others       14
  Salaried employees       14
  Medical professions (doctors, dentists, nurses)       10
  Educators       7
  Self-employed       6
  Consultants (including real estate agents)       5

 
PRESIDENCY OF THE PARLIAMENT
 
APPOINTMENT AND TERM OF OFFICE
 
Title:
  Speaker of the House of Representatives
 
Term:
  - duration: 4 years (term of House)
- reasons for interruption of the term: resignation, loss of mandate following a resolution adopted by the House, elimination of the political party to which the Speaker belongs by order of the Court and if the Speaker does not join another party in the 60 days following the decision of the Court, sentencing to imprisonment by judgment of the Court unless the case involves a misdeamonour due to negligence or or a petty offence, death, dissolution of the House.

Appointment:
  - elected by all Members of the House
- election held at the first normal sitting of the newly elected House
- after validation of mandates

 
Eligibility:
  - any Member may be a candidate
 
Voting system:
  - formal vote by public ballot
- if there are several nominees, voting is taken by roll call in alphabetical order
- a simple majority is required
- only one round of voting is held
 
Procedures / results:
  - the most senior Member presides over the House during the voting
- the most senior Member supervises the voting
- the most senior Member announces the results without delay
- the Secretary General of the House informs the Prime Minister of the name of the winning candidate for further presentation to the King
- the results can be challenged

 
STATUS
 
Status:
  - ranks before the President of the Senate in the order of precedence
- presides over joint sittings of both Houses
- represents the House with the authorities
- represents the House in international bodies
- is ex officio President of the Constitutional Court
- is ex officio President of the Parliamentary Services Committee
- in the absence of the Speaker, the first Deputy Speaker can assume his/her role and functions, and in his/her absence, the second Deputy Speaker

 
Board:
 
 
Material facilities:
  - yearly allowance: 768,000 Bath (around US$ 35,040)
+ expense allowance: 600,000 Bath/yr (around US$ 24,000)
- official car
- secretariat

 
FUNCTIONS
 
Organization of parliamentary business:
  - establishes and modifies the agenda, in accordance with the Standing Orders of the House
- organizes the debates and only sets speaking time for extraordinary sessions
- can examine the admissibility of bills and amendments

 
Chairing of public sittings:
  - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the House
- takes disciplinary measures in the event of disturbance, and lifts such measures
- can give and withdraw permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated, in accordance with the Standing Orders of the House
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the House, based on precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates

 
Special powers:
  - adopts the budget of the House
- recruits, assigns and promotes staff
- appoints the Secretary General
- advises the Secretary General on organizing the services of the House
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the House

 
Speaking and voting rights, other functions:
  - can take the floor in legislative debates
- can provide guidelines for the interpretation or completion of the text under discussion
- can intervene in the parliamentary oversight procedure

 
 
MEMBER OF PARLIAMENT
 
PARLIAMENTARY MANDATE
 
Nature of the mandate:
  · Free representation
 
Start of the mandate:
  · On the election day (S. 117 of the Constitution of 11.10.1997)
 
Validation of mandates:
  · Validation by the Election Commission only in case of challenge (S. 147 of the Constitution)
 
End of the mandate:
  · On the day when the legal term of the House ends - or on the day of early dissolution (S. 118 (1) in connection with S. 114 of the Constitution) (for early dissolution, see S. 116 of the Constitution)
 
Can MPs resign ? Yes
  · Yes, of their own free will (S. 118 (3) of the Constitution)
· Procedure: submission of a letter to the Speaker of the House of Representatives
· Authority competent to accept the resignation: the Speaker of the House of Representatives
 
Can MPs lose their mandate ? Yes
  (a) Revocation before expiry of mandate by the political party, resignation from membership or loss of membership (S. 118 (8) and (9) in connection with S. 47 (3) of the Constitution)
(b) Removal from office by the Senate on instigation of Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House, or voters of not less than fifty-thousand (S. 118 (5) and (10) in connection with S. 109 (14) and 307 of the Constitution, see also S. 297 to 306 of the Constitution)
(c) Loss of mandate by judicial decision (S. 118 (10) in connection with S. 96 and 118 (3) to (9) and (11) or (12) of the Constitution): decision of the Constitutional Court terminating the membership (see also Resignation, and (a), (e), (f) and (g))
(d) Death (S. 118 (2) of the Constitution)
(e) Disqualification and incompatibilities (S. 118 (4) to (7), and (13) in connection with S. 95, 107, 109, 110, and 111 of the Constitution)
(f) Absence for more than one-fourth of the number of days in a session the length of which is not less than ninety days without permission of the Speaker of the House of Representatives (S. 118 (11) of the Constitution)
(g) Imprisonment by final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence (S. 118 (12) of the Constitution, see also Rule 132 of the Rules of Procedure of the House of Representatives)
 
STATUS OF PARLIAMENT MEMBERS
 
Rank in hierarchy:
  - · Outside Parliament: the official order of precedence ranks the Speaker of the House of Representatives in the 2nd position.
 
Indemnities, facilities and services:
  · Official passport
· Basic salary: THB 38,500 per month
+ Additional allowance: THB 38,500
· No exemption from tax
· No pension scheme
· Other facilities:
(a) Secretariat: personal notebook computer (must be returned to the House when membership expires)
(b) Assistants (see also Rule 10 of the Rules of Procedure of the House of Representatives): salaries for five assistants (THB 7,700 each) and one expert (THB 15,000) of the MP's own selection
(c) Travel and transport (see also Rules 133 to 135 of the Rules of Procedure of the House of Representatives): local travel and transport, international travel only for the purpose of government affairs
(d) Others: health insurance
 
Obligation to declare personal assets: Yes
 
Parliamentary immunity - parliamentary non-accountability:
  · The concept does exist (S. 157 (1) of the Constitution, see also S. 189 (4) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
 
Parliamentary immunity - parliamentary inviolability:
  · The concept does exist (see S. 165 (1) and 166 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody, and from a summons by a warrant for inquiry as an alleged offender. It also protects them from trial during a session.
· Derogations:
- In cases of flagrante delicto, MPs can be arrested or detained. The arrest shall be reported to the Speaker of the House of Representatives and the Speaker may order the release of the person so arrested.
- In cases concerning the organic law on the election of Members of the House of Representatives and senators, on the Election Commission or on political parties, MPs can be tried during a session, provided that such trial shall not hinder MPs from attending the sitting of the House.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions
· Parliamentary immunity (inviolability) can be lifted (S. 165 (1) and 166 (1) of the Constitution):
- Competent authority: the Speaker of the House of Representatives
- Procedure (Rule 139 of the Rules of Procedure of the House of Representatives). In this case, MPs need not be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (for the prosecution, see S. 166 of the Constitution, and for the detention, see S. 167 of the Constitution and Authorisation to attend sittings of Parliament):
- Competent authority: the Speaker of the House of Representatives; the inquiry official or the court, on request of the Speaker of the House of Representatives
- Procedure (S. 166 and 167 of the Constitution, see Trial during a session, and Procedure for authorisation to attend sittings of Parliament)
· In the event of preventive custody, the MPs concerned can be authorised to attend sittings of Parliament (S. 167 of the Constitution):
- Competent authority: the inquiry official or the court, on request of the Speaker of the House of Representatives
- Procedure (S. 167 of the Constitution, Rule 140 of the Rules of Procedure of the House of Representatives)
 
EXERCISE OF THE MANDATE
 
Training:
  · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties and the Secretariat of the House of Representatives.
· Handbooks of parliamentary procedure:
- Manual
- Rules of Procedure of the House of Representatives
 
Participation in the work of the Parliament:
  · It is compulsory for MPs to be present at plenary sittings. For leave of absence, see Rule 130 of the Rules of Procedure of the House of Representatives.
· Penalties foreseen in case of failure to fulfil this obligation (S. 118 (11) of the Constitution):
- Loss of mandate (see Loss of mandate - (f))
- Reduction of emoluments (Rule 131 of the Rules or Procedure of the House of Representatives)

 
Discipline:
  · The rules governing discipline within Parliament are contained in Rules 8 (3), 54, 127 and 128 of the Rules of Procedure of the House of Representatives.
· Disciplinary measures foreseen:
- Warning (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Prohibition of words (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Order to withdraw words (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Prohibition to speak (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Order to apologise (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Expulsion from the sitting with or without time limit (Rule 128 (1) and (2) of the Rules of Procedure of the House of Representatives)
· Specific cases:
- Offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives): all disciplinary measures
· Competent body to judge such cases/to impose penalties (Rule 8 (3) of the Rules of Procedure of the House of Representatives): the Speaker of the House of Representatives
· Procedure (Rule 128 of the Rules of Procedure of the House of Representatives)
 
Code (rules) of conduct:
  · This concept does not exist in the country's juridical system but see S. 77 of the Constitution. However, there are some relevant provisions (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution, S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution; incompatibilities, use of influence)
- Loss of mandate, other penalties in accordance with Penal Code (S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution; removal from office, criminal proceedings against persons holding political positions)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate (removal from office): the Senate
- Other penalties in accordance with Penal Code (criminal proceedings against persons holding political positions): the Supreme Court's Criminal Division for Persons Holding Political Positions
· Procedure:
- Loss of mandate (S. 297 to 307 of the Constitution; removal from office). In this case, MPs have no means of recourse.
- Other penalties in accordance with Penal Code (S. 308 to 311 of the Constitution; criminal proceedings against persons holding political positions). In this case, MPs have no means of recourse.
 
Relations between MPs and pressure group:
  · There are no legal provisions in this field.
 

red cube  Also available:  Archive of past election results for this chamber  red cube

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