The reform steering assembly wants to allow judges with experience outside the judicial system - while the Ombudsman wants to set new ethical standards.

National Reform Steering Assembly (NRSA) members have proposed the Constitutional Court be reformed by changing the composition of judges to include those with expertise outside the legal field.

The reform idea, raised by the NRSA sub-panel on state power monitoring, is deemed crucial because the court is trusted to decide many important issues under the new charter, including ruling whether to dissolve political parties found guilty of wrongdoing.

However, there has been criticism of the court leading to the question of whether it "really works independently or operates under double standards", NRSA member and sub-panel chairman Wanchai Sornsiri said Monday.

His group believes one problem might stem from how candidates to be Constitutional Court judges are selected. What has happened so far is candidates have been restricted to people from certain careers, he said.

That is why the sub-panel has suggested changing the requirements for judges' qualifications. Experts in other fields should have a chance to compete for the positions, Mr Wanchai said.

This would allow the judges to come up with opinions from many points of view, Mr Wanchai said, disagreeing with the selection of judges with only backgrounds in the courts of justice, law and political science or those who are former high-ranking officials.

The Constitutional Court reform proposal will be forwarded to NRSA members working on political reform for further discussion.

The sub-panel also suggested a similar approach to reforming the Election Commission (EC) and the National Anti-Corruption Commission (NACC).

To ensure the agencies work more efficiently, the EC and poll fraud investigators need more power to deal with people accused of committing wrongdoing while the NACC, which is often criticised for working at a snail's pace, needs to manage its time and personnel more efficiently, Mr Wanchai said.

Vote buying and other election-related wrongdoings have persisted despite the EC's intention to tackle the problems.

Mr Wanchai pointed the finger at the stage during which complaints are made to the EC before an investigation begins, which delays crackdowns.

To speed up the process, officials involved in an investigation, together with the EC, should be empowered to search locations and apprehend suspects without seeking search or arrest warrants during elections, he said.

Also, he said witnesses in election fraud cases must be better protected under the law. Mr Wanchai said many were reluctant to give their accounts in court because they have been threatened.

As for the NACC, its slowness has raised questions over whether it works for the benefit of certain individuals.

The sub-panel agrees the timing of investigations should be more clearly set out, Mr Wanchai said.

In another development, deputy Democrat Party leader Ong-art Klampaiboon denied Monday that criticism of the organic law on political parties is aimed at protecting politicians' interests.

Political parties share the same stance as the Constitution Drafting Committee, which wants to ensure transparency in politics and that parties are free of the influence of businessmen, but the CDC needs to think of law enforcement in the context of Thai society and whether the law is practical, he said.

New ethical standards

by POST REPORTERS

The Ombudsman has chosen to apply the detailed, long version of ethical standards for judges of the Constitutional Court and holders of positions in independent bodies.

The decision was drawn from the Ombudsman's meetings on Nov 8 and 22, Ombudsman Withawas Rottanant said recently.

Under Section 219 of the draft constitution, ethical standards must be drawn up for the Constitutional Court and independent agencies. A working panel has been set up to work out the matter.

Mr Withawas said Kamoltham Wasboonma, director of the Office of the Ombudsman's Ethical Standard Promotion Bureau, represents the Ombudsman on the panel. He said a short and a long version specifying ethical standards were originally drafted by the Ombudsman, and the long version was agreed upon in the meetings since it better portrays the details of ethical standards and makes clear how they can be enforced in each organisation.

This proposal was then forwarded to the working panel for consideration. Under the section's second paragraph, the ethical standards will also apply to the House of Representatives, the Senate and cabinet members.

Mr Withawas said the drafters of the ethical standards need to consider the practicality of the rules which will also be applied to these office-holders.

The working panel will convene to finalise the draft and send it to the chief of the Constitutional Court and other independent bodies, he said. If the draft is agreed upon, it will be sent to the House of Representatives, the Senate and the cabinet for feedback.

็He said the Ombudsman also proposed some changes in the nine values listed among the ethical standards to be applied to political office-holders and state officials.

He said value No 8, which says: "Be committed to the democratic system with the King as the head of state", needs to be changed to "Be loyal to the nation, religions and the King and committed to the democratic system with the King as the head of the state".

The list will also be rearranged so this becomes the No 1 value, Mr Withawas added.