Public Services Ombudsman (Wales) Bill [HL]

House of Commons

Session 2004 - 05
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Public Services Ombudsman (Wales) Bill [HL]

Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints
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Special reports: supplementary
(1)
The Ombudsman may—
(a)
publish a special report;
(b)
supply a copy of the published report or any part of it to any person
who requests it.
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(2)
The Ombudsman may charge a reasonable fee for supplying a copy of a report
(or part of a report) under subsection (1)(b).
(3)
The listed authority in respect of which a special report is made must
reimburse the Ombudsman for the cost of publishing a special report if
requested to do so by the Ombudsman.
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(4)
If a special report—
(a)
mentions the name of any person other than the listed authority in
respect of which the complaint was made, or
(b)
includes any particulars which, in the opinion of the Ombudsman, are
likely to identify any such person and which, in his opinion, can be
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omitted without impairing the effectiveness of the report,

that information must not be included in a version of the report sent to a person
under section 22(9) or (10) or published under subsection (1) of this section,
subject to subsection (5).
(5)
Subsection (4) does not apply in relation to a version of the special report if,
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after taking account of the interests of the person aggrieved and any other
persons he thinks appropriate, the Ombudsman considers it to be in the public
interest to include that information in that version of the special report.
(6)
If the Ombudsman would otherwise send a copy of a special report (or part of
a special report) to the Assembly under section 22(9) or (10) or subsection (1) of
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this section, he must send the copy to the Assembly First Secretary instead.
(7)
Sections 17 and 18 (publicising reports under section 16) apply in relation to a
special report as they apply in relation to a report under section 16.
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Special reports relating to the Assembly
(1)
This section applies if a special report is made in a case where the complaint
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was made in respect of the Assembly.
(2)
The Assembly First Secretary must—
(a)
lay a copy of the report before the Assembly, and
(b)
unless action to the satisfaction of the Ombudsman has been taken or
proposed, give the Assembly notice of his intention to move that the
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Assembly resolve to approve the recommendations contained in it.
(3)
The standing orders of the Assembly must make provision for any motion of
which notice has been given pursuant to subsection (2) to be moved as soon as
is reasonably practicable, unless action to the satisfaction of the Ombudsman
has been taken or proposed.
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Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints
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Consultation and co-operation
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Consultation and co-operation with other ombudsmen
(1)
This section applies if, in making a decision under section 2(5) or conducting
an investigation, the Ombudsman forms the opinion that any matter which is
the subject of the complaint or investigation could be the subject of an
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investigation by an ombudsman mentioned in subsection (7).
(2)
The Ombudsman must consult that ombudsman about the matter.
(3)
The Ombudsman may co-operate with that ombudsman in relation to the
matter.
(4)
Consultation under subsection (2), and co-operation under subsection (3), may
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extend to anything relating to any matter the subject of the complaint or
investigation, including in particular—
(a)
the conduct of an investigation into the complaint;
(b)
the form, content and publication of a report of the investigation.
(5)
If the Ombudsman consults an ombudsman about a matter under subsection
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(2), the Ombudsman and that ombudsman may—
(a)
conduct a joint investigation into the matter;
(b)
prepare a joint report in relation to the investigation;
(c)
publish the joint report.
(6)
Subsection (5) does not apply if the ombudsman consulted under subsection
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(2) is the Scottish Public Services Ombudsman.
(7)
The ombudsmen referred to in subsection (1) are—
(a)
the Parliamentary Commissioner for Administration;
(b)
the Health Service Commissioner for England;
(c)
a Local Commissioner;
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(d)
the Scottish Public Services Ombudsman;
(e)
a housing ombudsman appointed in accordance with a scheme
approved under section 51 of the Housing Act 1996 (c. 52);
(f)
the Children’s Commissioner for Wales.
(8)
The Assembly may by order amend subsection (7) by—
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(a)
adding a person;
(b)
omitting a person;
(c)
changing the description of a person.
(9)
An order under subsection (8) may add a person to subsection (7) only if the
person appears to the Assembly to have functions relating to the investigation
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of complaints.
Disclosure
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Disclosure of information
(1)
The information to which this section applies is—

Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints
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(a)
information obtained by the Ombudsman, a member of his staff or
another person acting on his behalf or assisting him in the discharge of
any of his functions—
(i)
in deciding whether to begin an investigation,
(ii)
in the course of an investigation, or
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(iii)
in resolving a complaint under section 3;
(b)
information obtained from an ombudsman mentioned in section 25(7)
by virtue of any provision of section 25 or a corresponding provision in
an enactment relating to any of those ombudsmen;
(c)
information obtained from the Information Commissioner by virtue of
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section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure
between Information Commissioner and ombudsmen).
(2)
The information must not be disclosed except—
(a)
for the purposes of deciding whether to begin an investigation;
(b)
for the purposes of an investigation;
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(c)
for the purposes of resolving a complaint under section 3;
(d)
for the purposes of a statement or report made in relation to a
complaint or investigation;
(e)
for the purposes of any provision of section 25;
(f)
for the purposes of proceedings for—
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(i)
an offence under the Official Secrets Acts 1911 to 1989 alleged to
have been committed by the Ombudsman, a member of his staff
or other person acting on his behalf or assisting him in the
discharge of any of his functions;
(ii)
an offence of perjury alleged to have been committed in the
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course of an investigation;
(g)
for the purposes of an inquiry with a view to the taking of proceedings
mentioned in paragraph (f);
(h)
for the purposes of proceedings under section 15 (obstruction and
contempt);
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(i)
in the case of information to the effect that a person is likely to
constitute a threat to the health or safety of one or more persons, to any
person to whom the Ombudsman thinks it should be disclosed in the
public interest;
(j)
in the case of information to which subsection (3) applies, to the
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Information Commissioner.
(3)
This subsection applies to information if it appears to the Ombudsman to relate
to—
(a)
a matter in respect of which the Information Commissioner could
exercise a power conferred by an enactment mentioned in subsection
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(4), or
(b)
the commission of an offence mentioned in subsection (5).
(4)
The enactments are—
(a)
Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);
(b)
section 48 of the Freedom of Information Act 2000 (practice
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recommendations);
(c)
Part 4 of that Act (enforcement).
(5)
The offences are those under—

Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints
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(a)
any provision of the Data Protection Act 1998 (c. 29) other than
paragraph 12 of Schedule 9 to that Act (obstruction of execution of
warrant);
(b)
section 77 of the Freedom of Information Act 2000 (c. 36) (offence of
altering etc. records with intent to prevent disclosure).
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(6)
No person may be called upon to give evidence in any proceedings (other than
proceedings mentioned in subsection (2)) of information obtained by him as
mentioned in subsection (1)(a) or (b).
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Disclosure prejudicial to safety of State or contrary to public interest
(1)
A Minister of the Crown may give notice to the Ombudsman with respect to—
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(a)
any document or information specified in the notice, or
(b)
any class of document or information so specified,

that, in the opinion of the Minister, the disclosure of that document or
information, or of documents or information of that class, would be prejudicial
to the safety of the State or otherwise contrary to the public interest.
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(2)
If a notice is given under subsection (1), nothing in this Act is to be construed
as authorising or requiring the Ombudsman, a member of his staff or another
person acting on his behalf or assisting him in the discharge of any of his
functions to disclose to any person or for any purpose any document or
information, or class of document or information, specified in the notice.
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Listed authorities
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Listed authorities
(1)
The persons specified in Schedule 3 are listed authorities for the purposes of
this Act.
(2)
The Assembly may by order amend Schedule 3 by—
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(a)
adding a person;
(b)
omitting a person;
(c)
changing the description of a person.
(3)
An order under subsection (2) adding a person to Schedule 3 may provide for
this Act to apply to the person with the modifications specified in the order.
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(4)
Before making an order under subsection (2), the Assembly must consult the
Ombudsman and any other persons it thinks appropriate.
(5)
Sections 29 and 30 contain further restrictions on the power in subsection (2).
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Restrictions on power to amend Schedule 3
(1)
An order under section 28(2) may not omit the Assembly from Schedule 3.
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(2)
An order under section 28(2) may add a person to Schedule 3 only if—
(a)
the person has functions dischargeable in relation to Wales or a part of
Wales (whether or not the functions are also dischargeable otherwise
than in relation to Wales),
(b)
all or some of the person’s functions are in a field in which the
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Assembly has functions, and

Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints
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(c)
the person falls within subsection (3), (4) or (5).
(3)
A person falls within this subsection if—
(a)
it is a body established by or under an enactment or by virtue of Her
Majesty’s prerogative or in any other way by a Minister of the Crown,
a government department, the Assembly or another listed authority,
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(b)
it is a body wholly or partly constituted by appointment made by Her
Majesty, a Minister of the Crown, a government department, the
Assembly or another listed authority, and
(c)
at least half of its expenditure on the discharge of its functions in
relation to Wales is met directly from payments made by the Assembly
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or other listed authorities.
(4)
A person falls within this subsection if—
(a)
it is a body established by or under an enactment, and
(b)
it has power to issue a precept or a levy.
(5)
A person falls within this subsection if—
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(a)
it appears to the Assembly that the person discharges functions of a
public nature, and
(b)
at least half of the person’s expenditure on the discharge of those
functions in relation to Wales is met directly or indirectly from
payments by the Assembly or other listed authorities.
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(6)
An order under section 28(2) may not add to Schedule 3—
(a)
a Special Health Authority discharging functions only or mainly in
England;
(b)
a person who carries on under national ownership an industry or
undertaking or part of an industry or undertaking.
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Provisions in orders adding persons to Schedule 3
(1)
If the Assembly proposes to make an order under section 28(2) adding a person
to Schedule 3, it must also specify in the order—
(a)
whether all or only some of the person’s functions are to fall within the
remit of the Ombudsman under this Part;
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(b)
if only some of the person’s functions are to fall within the remit of the
Ombudsman under this Part, which those functions are.
(2)
If the person is to be added to Schedule 3 on the basis that the person falls
within section 29(3) or (4), the order may specify a function under subsection
(1) only if the function is in a field in which the Assembly has functions.
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(3)
If the person is to be added to Schedule 3 on the basis that the person falls
within section 29(5), the order may specify a function under subsection (1) only
if—
(a)
the function is in a field in which the Assembly has functions, and
(b)
the function appears to the Assembly to be a function of a public nature.
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(4)
The order may specify all a person’s functions under subsection (1) only if all
the person’s functions satisfy the requirements of subsection (2) or (as the case
may be) subsection (3).