Matters resolved include:

lThe number of senators should not exceed half the number of MPs;

lA senator should not be under 40;

lNo minimum education qualification is needed to apply to be MPs;

lThe EC will maintain the power to disqualify or penalise politicians accused of committing electoral fraud but those accused can appeal for a speedy trial in the Supreme Court.

However, a few issues remain unresolved, and even those agreed on remained non-binding as the Constitution Drafting Committee (CDC) will have to approve it and submit its to the Constitution Drafting Assembly (CDA) in mid-April.

The sub-committee proposed that senators should continue to play the role of screening legislation passed through the lower house, as well as acting as a check and balance for both the lower house and executive branch.

The upper house will also play a key role in selecting independent bodies, especially in approving the election commissioners.

It remains unresolved whether the Senate should be elected, appointed, or selected through a combination of both.

"We should still consider direct election if the choice of the appointed Senate is opposed by the public," Charan told fellow charter drafters yesterday during the subcommittee report and review to the 35-person drafting committee.

Another hot issue that remains unresolved is whether to bar outright spouses or children of MPs from seeking upper house seats and vice versa.

"It may affect the political rights of others, so seeking other methods may be better," said Charan, without elaboration.

The subcommittee suggested the six-year term of senators be continued but with half the upper house selected every three years so a flow of "new blood" is maintained.

After weeks of debate, both the sub-committee and the committee have still not concluded whether to do away with party-list MPs.

Those supporting the abolition say party-list MPs are detached from any constituency and are a facility used as rewards by big party founders.

Those in favour argue that maintaining it will strengthen party politics as well as policy-based political parties, instead of those based on personality and patron-client relations with

constituents.

"We should look at it from the perspective of a political institution," said drafter Wuthisarn Tanchai, who opposes the abolition move. "We can set a [stringent] criteria for candidates to avoid having party sponsors in. The party-list system is still beneficial."

The sub-committee agreed on barring any candidate sentenced to jail in the two years up to the registration date for their candidacy - except if the person is guilty through negligence.

The party membership requirement in case of a house dissolution has been proposed to be reduced from 90 days to 30 days to allow for flexible switching among parties.

They also insist on a controversial proposal to allow three MPs to be elected in large constituencies, although voters will cast only one vote for one candidate. The group reasoned that this would "allow smaller political parties greater opportunity and justice."

The subcommittee could not agree on whether MPs should be removed from their position if a court found he or she guilty - or to wait until the Supreme Court hands down the verdict. CDC chairman Prasong Soonsiri backed suspension of the accused politician until the Supreme Court ruling was made.

They also remained undecided about whether the counting of ballot papers should take place at each polling station or done at larger counting centres to avoid canvassers checking on the efficacy of vote buying.

The sub-committee admitted that if counting was not done right at local polling stations, many local people would be less keen to do the counting process.

Agreement was reached to stipulate that ministers, PMs, MPs and senator's spouses, children and proven 'nominees' cannot legally engage in business contracts with the state. Future MPs and senators will also be barred from holding executive board positions of state agencies to avoid influence.

Only five election commission candidates will be considered and approved or turned down by the Senate. 

Pravit Rojanaphruk

The Nation