13. Written evidence from Dr A H Stamp
PUBLIC SERVICES
OMBUDSMAN (WALES)
BILL [HL]
1. Ombudsman. Satisfactory.
2. & 3. Powers of Investigation. Satisfactory.
4. Complainants. Satisfactory.
5. & 6. Requirements to complain. Satisfactory,
but suggest Ombudsman could extend one year duration if appropriate.
7. Matters to be investigated. Satisfactory.
8.-11. exclusions. Satisfactory.
12. Decision not to investigate. Sub-section
3, for "may" substitute
(What provision is there for disagreement with
Ombudsman's decision not to investigate? See "Later Comment").
13. Investigation procedure Sub-section
4b Any person can be represented by counsel if the person so wishes.
14. & 15. Information; Obstruction Very
satisfactory in providing the Ombudsman with real power.
16. Reports of investigation 5 for "May"
substitute "must".
17. Publishing reports. (1) (4) At least
four weeks not three. Otherwise satisfactory.
18. Publishing, health care. Sub sections
(2) (6) four weeks not three. Otherwise satisfactory.
19. Action after report. Very satisfactory.
20. Reports, alternative procedure. Sub
section (6) substitute "must" for "may".
(What is the procedure for objection to Ombudsman's
decision ? See "Later Comment".)
21.-22. Special reports. Satisfactory.
23. Special reports. See "Later
Comment".
24. Consultation and Co-operation Satisfactory.
25. Disclosure of information. Does
this consider Freedom of Information Act 2005?
26. Disclosure prejudicial etc Satisfactory.
27.-29. Listed authorities. Satisfactory.
30. Power to issue guidance. Satisfactory
31. Defamation. Satisfactory.
32. Publicity for complaints. Satisfactory.
33. Compensation Satisfactory.
34.-45. Page 31 Section 14 lb Substitute
"must prepare any other report . . .".
LATER COMMENT
With regard to the establishment of the Ombudsman,
there does not seem to be sufficient emphasis or clarity on the
role of the Ombudsman in relation to the Assembly.
1. If the Ombudsman is to investigate complaints
against the Assembly, then he must be fully independent of the
Assembly, and his judgment accepted by the Assembly.
2. What occurs if the Assembly does not
resolve to approve the Ombudsman's recommendations. Section 23.
Does this involve further proceedings in a Court of Law ?
3. Again, if there is a complaint against
the Ombudsman, who decides the procedure and verdict.
4. Also, is there any appeal by either party
from the judgment of the Ombudsman? If so, to whom?
Page 31 Section 14 16 is noted.
29 December 2004
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