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Published on April 25, 2008

SOMROUTAI SAPSOMBOON,

KORNCHANOK RAKSASERI

THE NATION

The attorney-general yesterday said he preferred the 2007 Constitution to the 1997 charter as it allows more independence and freedom to state attorneys.

However, Chaikasem Nitisiri said that if any changes were to be made to the current charter, then he would favour removing the clause whereby Senate approval is required for the appointment of an attorney-general, as the upper house's involvement could be open to political interference. This would leave the State Attorney Commission as the sole body approving such an appointment.

The 2007 Constitution better protects the judgement and actions of state attorneys, without the danger of corruption, he said in an exclusive interview with The Nation. He added that it meant attorneys could work more freely, adding that they had sometimes been sued over judgements they had made in the past.

In addition, the 2007 charter allows attorney organisations to manage their administration and budgets independently, without reliance on either the Office of the Civil Service Commission or the Office of the Public Sector Development Commission.

It also helps solve the problems of insufficient personnel, Chaikasem said. Meanwhile, attorneys are now able to operate more freely in terms of their working process, judgement, budget and personnel.

"The 2007 Constitution allows more independence to the Office of the Attorney-General. We still work for the state, but we don't have to be under any influence of the government, directly or indirectly.

We don't have to worry that if we make a decision it will hurt the government and the government would cut half of our budget the following year. Or, perhaps the government sends a query and gives us some preferred guidelines for the answers and you refuse, you are trouble for the government," Chaikasem said.

In general, he added, the 2007 Constitution - as regards the part relating to the Office of the Attorney-General - was more beneficial than the 1997 version and did not need to be changed.

He declined to answer whether it was time the 2007 charter was amended. He said it depended on the powers that be and whom they think it would benefit, adding he had not been lobbied by anyone to support its amendment.

Chaikasem said he personally thought the appointment of members of some organisations appointed by the military-backed government should be changed, so that selection is conducted via a legitimate process. However, any amendment should allow time for the current incumbents to find other work.

More of the attorney-general's interview with The Nation will be published on Monday.