Bangkok, "Pichit", advisor to the Prime Minister, confirms that the government is using the exit method. 500-billion-baht loan act to implement the digital wallet project Does not violate the constitution Open the way for parliament to check and balance.
Mr. Phichit Chuenban, Advisor to the Prime Minister Referring to the enactment of the 500 billion baht loan act for use in the 10,000 baht digital wallet distribution project, he said that the State Fiscal Discipline Act 2018 sets out principles regarding fiscal discipline and helps government agencies. The state maintains fiscal discipline and implements fiscal policy according to the framework established by law. Including setting principles for the government to enact special laws to borrow money. The loan money will be kept by the Ministry of Finance to be paid out according to the loan project. No need to send money to the treasury to enter the treasury account. Currently, the government can enact special laws to borrow money and pay government money according to the State Fiscal Discipline Act, which is not considered contrary to or contrary to Section 140 of the Constitution in any way.
The enactment of a special law for borrowing money according to the State Fiscal Discipline Act, Section 53, paragraph one, provides that “government borrowing money other than what is provided in the law on public debt management The Ministry of Finance can do so only by virtue of the law specifically enacted. and only in cases where it is necessary to take urgent and continuous action to solve the country's critical problems. without being able to set an annual budget in time”
Paragraph two provides that “The law enacted under paragraph one Must specify the purpose of the loan. The duration of the loan Plans or projects that pay off the loan The amount of money allowed to be spent on the loan. and the government agency which is responsible for implementing the plan or project that uses the loan disbursement.”
and paragraph three provides that “money received from a loan under paragraph one The Ministry of Finance shall keep it so that government agencies can disburse it to spend according to plans or projects as determined by law without having to send it to the Treasury. unless otherwise provided by law.” From the provisions of Section 53, it can be seen that the framework and conditions for enacting legislation for government borrowing can be provided in cases where it is necessary to proceed urgently and continuously. in order to solve the country's problems without being able to set an annual budget in time You must specify the purpose of the loan. The duration of the loan Plans or projects that pay off the loan The amount of money allowed to be spent on the loan. and government agencies which are responsible for implementing the plans or projects that use the loan disbursement.
As for the form of the law specifically for borrowing money under Section 53, it can be made in two forms: the "form of the Act" or the "form of the Royal Decree." It cannot be done only in the form of the Royal Decree alone. Because the words in the Financial Discipline Act, Section 53, paragraph one, only states that “It is necessary to take urgent and continuous action to solve the country's critical problems.” This wording is different from the conditions for enacting the Emergency Decree under Section 172, paragraph two of the Constitution, which states that “it is an emergency that There is an urgent need that cannot be avoided.”
Therefore, it is necessary to take urgent and continuous action according to the meaning of the Act. Financial discipline, Section 53, therefore does not have to be to the extent that it must be an emergency with urgent necessity that cannot be avoided according to Section 172, paragraph two, of the Constitution in any way. Because if it is to the extent of being an emergency The government can already enact laws to borrow money by enacting an emergency decree under Section 172 of the Constitution.
“For this reason, if the government considers that The current situation presents an economic crisis for the country that requires urgent and continuous action to solve the country's crisis problems. And the project to top up 10,000 baht via Digital Wallet will result in stimulating the economy in the short term through consumption and investment. It will also lay the country's infrastructure to lead to the digital economy in the future. The government can enact specific laws to borrow money. The form of the Act is as per the Act. Financial Discipline, Section 53, and is not considered contrary to or inconsistent with the Constitution, Section 140 and Section 62 in any way,” Mr. Phichit said.
Mr. Phichit said that the government has chosen the form of law to borrow money by issuing an Act instead of an Emergency Decree. The government intends to provide a legislative process to recover this money. can be obtained through inspection Balance according to the parliamentary mechanism In order for the Parliament, which is the representative of the Thai people, to jointly consider and review the reasons for necessity, objectives, timelines, and plans or projects, etc. once again. which is a process of checking according to the democratic method It also provides an opportunity for members of parliament who may have opinions on various issues to submit their opinions to the Constitutional Court to examine whether the draft loan bill is contrary to or inconsistent with the Constitution or not.
All of this is evident that the implementation of the 10,000 baht top-up project via Digital Wallet was done on a honest basis and without using discretion to distort the principles of the Constitution in any way. Including no hidden or hidden intentions to find a way down as many have criticized in any way. Because the government sees that such projects are important in stimulating the economy. and can help people covering more than 50 million people. We must not forget that There are still many people who are still waiting for the 10,000 baht top-up project through Digital Wallet because that amount can greatly ease the burden of daily expenses. For example, a family with father, mother and children meets the criteria for receiving 10,000 baht, showing that this family can have up to 30,000 baht of money to circulate in their daily life, which helps people think and plan to further their careers. or find additional income in another way
Mr. Phichit said that as for the issues that academics criticized, the said project was not in line with the law. Because it is a 100% loan given out, unlike when the policy was submitted to the Election Commission which said the money would come from the national budget, I would like to explain that on this issue, when the Pheu Thai Party There has been an explanation to the Election Commission in accordance with the Organic Act on Political Parties, B.E. 2660, Section 57, that the Pheu Thai Party has clearly specified conditions that “The source of the amount to be used for operations can be adjusted as appropriate according to the fiscal situation of the country.”
Today, the government has reached conclusions from all relevant agencies. It is seen that in order to stimulate and create economic stability, money must be added to the economy worth 600 billion baht, of which 500 billion baht must be issued as a loan act and come from budget expenditures. For the year 2024, the amount of 100 billion baht is therefore an adjustment as appropriate according to the fiscal situation of the country as notified to the Election Commission.
“I would like to leave a point to think about leaving. This Loan Act It is an operation to solve the country's economic crisis. and laying the infrastructure to lead the country into the digital economy. Although many parties may have concerns about the issuance of the Money Loan Act, that it may violate the constitution. But the interpretation of the law As the proverb says, Two people follow the channel One person saw the mud. One person has sharp eyes. See the stars twinkling Therefore, it is a matter of two people being able to disagree creatively. But the benefits of the nation must be taken into account and most importantly, the people are waiting for hope with this project. He saw the news of a 71 year old grandmother who jumped into the water to catch a single one thousand baht note. Finally, he fell into the water without any concern for his life. Therefore, we want to reflect the problem of inequality in the country. If we look at the problem from the ivory tower, we cannot see the problem at the bottom,” Mr. Phichit stated.
Mr. Phichit said that in the end, if this matter goes to the Constitutional Court The Constitutional Court will be the final decision on this issue. However, when the economic crisis that the country is facing today and is likely to cause many other problems as a result The government under the leadership of Prime Minister Mr. Settha Thavisin has a duty to act quickly to deal with the problems that arise first. Because every problem has to be solved. But a good leader solves problems before there is a problem.
Source: Thai News Agency