11. Written evidence from the Welsh
Language Board
PUBLIC SERVICES
OMBUDSMAN (WALES)
MEASURE
1. Thank you for the invitation to provide
evidence on the draft measure noted above, to follow on from our
previous contributions. The response refers to specific clauses
of the measure where appropriate.
THE REMIT
OF THE
PUBLIC SERVICE
OMBUDSMAN
2. The Board is of the opinion that the
nature of the relationship between the office of the Ombudsman,
the functions under this measure and the functions of the Welsh
Language Board under the Welsh Language Act 1993 needs to be considered
and discussed. At present, the Board has powers under clause 17
and 18 of the 1993 Act to consider written complaints about alleged
failures of public bodies to implement their Welsh Language Schemes.
Clause 7(1) of the above measure refers to the matters the Ombudsman
could investigate, while clause 4(1) notes who can present a complaint
to the Ombudsman. Subject to arrangements and processes that are
outlined in the measure, the Board's understanding is that the
Ombudsman can investigate complaints of maladministration or failures
by listed bodies in the context of their duties under the Welsh
Language Act 1993.
3. We welcome the fact that the Ombudsman
will be able to consider complaints of this kind. This is consistent
with the principle of mainstreaming the Welsh language in the
work of all public sector bodies here in Wales. lt is also helpful
in strengthening the message that failure to comply with their
Welsh Language Scheme is an example of maladministration and a
failure to provide a service by public bodies.
4. On a practical level, a memorandum of
understanding or protocol will need to be established between
the Ombudsman and the Welsh Language Board setting out how the
type of complaint noted above are dealt with in order to avoid
duplicating work. While there is an overlap between the work of
the Ombudsman and the Board in this field, it should also be noted
that there are differences in the functions and remit of the two
bodies. The exact nature of the relationship will need to be considered
in light of the incorporation of the Board into the Welsh Assembly
Government.
5. Any publicity material developed by public
bodies about how to submit a complaint (see clause 32 of the measure)
will need to specify to whom complaints regarding the implementation
of Welsh Language Schemes should be addressed. This material should
also include a reference to the fact that failure to ensure the
language choice of an individual can also constitute maladministration
or failure.
6. The Board welcomes the inclusion of clause
8(3), which reiterates the points made above. This clause makes
it clear that the function of a listed body that deals with the
Welsh language or any aspect of Welsh culture is a matter for
the Ombudsman.
THE STATUS
OF THE
PUBLIC SERVICES
OMBUDSMAN
7. The measure confirms that the intention
is to establish the Public Services Ombudsman as a Crown body.
This will enable the Board to contact the Ombudsman's office immediately
after it has been established, to ask it to prepare a Welsh Language
Scheme in accordance with the Board's statutory guidelines. The
Scheme will set out how the Ombudsman will implement the principle,
when carrying out public business in Wales, will treat the Welsh
and English languages on the basis of equality, in accordance
with the Welsh Language Act 1993. It is essential and important
that the Ombudsman can offer effective, bilingual services to
the public, especially considering that the Ombudsman can investigate
examples of maladministration in the bilingual service offered
by listed bodies.
Prys Davies
Strategic Operations Director
11 January 2005
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